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CAC Agenda 03/14/2019March 14, 2019 Meeting Agenda and Notice COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, MARCH 14, 2019 - 1:00 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES • Sunshine Law on Agenda Questions • 2019 CAC MEETING DATES I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes 1. January 10, 2019 VII. Staff Reports 1. Expanded Revenue Report VIII. New Business 1. Collier Creek Modeling - Recommendations 2. Marco Island Regrade - Update 3. CAC Amendment to Functions, Powers and Duties - Discussion * Ordinance * Backup Documents 4. Rock Cleanup Lowdermilk Park 5. Amendment No. 1 to 19CO1 * DEP Standard Grant Agreement * DEP 19CO1 Amendment No. 1 IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location April 11, 2019 Government Center, 3rd Floor XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. 1 MINUTES OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE MEETING Naples, Florida, January 10, 2019 LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building “F”, 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: Linda Penniman VICE CHAIRMAN: Joseph Burke Steve Koziar Thomas McCann Jim Burke Robert Raymond Debbie Roddy Dave Trecker ALSO PRESENT: Gary McAlpin, Manager, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Stephanie Molloy, City of Naples CAC March 14, 2014 VI-1 Approval of CAC Minutes 1 of 6 January 10, 2019 2 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Penniman called the meeting to order at 1:00 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda The Committee approved the Agenda with no changes. V. Public Comments None VI. Approval of CAC Minutes 1. December 13, 2018 Mr. McCann moved to approve the minutes of the December 13, 2018 as submitted. Second by Mr. Raymond. Carried unanimously 8 – 0. VII. Staff Reports 1. Expanded Revenue Report The Committee reviewed the “Collier County Tourist Tax Revenue FY 19 TDC Revenue Report” dated December 31, 2018. 2. Update - USACE Feasibility Study Coastal Protection Storm Surge/Resiliency Mr. McAlpin presented the US Army Corps of Engineers (USACE) PowerPoint “Collier County Coastal Storm Risk Management Feasibility Study” highlighting:  The USACE is developing a plan with recommendations on the coastal system for Collier County.  The original scope of the $3M study was to address issues related to renourishment of the Vanderbilt, Park Shore and Naples beaches however, it has been expanded to incorporate coastal storm risk management measures, items associated with the inland bay areas and the Marco Island beaches.  The plan would ultimately lead to a 50 year grant contract whereby the Agency would participate in a cost share agreement with the County for various projects.  The plan identifies a series of timelines to be met, with final completion anticipated by September of 2021.  One goal is to reduce risk to residents, industries, and businesses in the area.  The long-term strategy for Collier County will be a layered approach that may include solutions executed by the NFS, other Federal agencies, the cities located within the County, and/or non-governmental organizations.  The plan will identify: CAC March 14, 2014 VI-1 Approval of CAC Minutes 2 of 6 January 10, 2019 3  Problems: risk of coastal storms and their damage from beach erosion, wave action, storm surge threaten damage to and loss of residential and commercial structures, critical infrastructure, etc.  Opportunities: reducing economic loss, restoring natural coastline with environmental features that support coastal resiliency, increase public facilities and access to recreation, improving environmental conditions by incorporating nature based features, etc.  Objectives: reducing risk to life, health and safety during a storm, minimizing economic loss and environmental impacts due to storm surge over a 50-year period of analysis, etc.  Constraints: avoiding or mitigating impacts to environmental hard bottom resources or habitat for listed species, avoiding impacts to County or State environmental preserves, etc.  The development of a plan will involve a variety of public workshops and planning charettes including input from USACE staff, stakeholders, local experts/professionals with the first cooperating agency meeting that was held on January 4, 2019.  Comments to date yielded:  Concerns on the erosion south of Doctors Pass and effectiveness of groins.  Suggested use of offshore breakwaters in problem areas.  Concern on impacts on unprotected species, wetlands and/or marshes.  The need to identify ecological and wildlife habitat benefits.  Distress over the frequency and magnitude of Red Tide occurrences in vicinity of the beaches and the resulting effects of fish kill.  A matrix system will be developed to help identity the most optimal options, and/or combinations of options including structural and non-structural measures.  Other agencies such as the U.S. Coast Guard, National Oceanic and Atmospheric Administration, Florida Department of Historic Resources, Florida Department of Environmental Protection, Federal Emergency Management Agency, etc. will be participating in the study as well as coordination with the NEPA.  The total cost estimate for the projects is currently estimated at $639M. During Committee discussion, the following was noted:  That the study will delay the County’s Coastal Resiliency Plan that was to be developed before this opportunity from USACE arose. The original timeframe for the County to institute the plan was 2020 however, individual beach renourishment projects may need to be completed in the interim before USACE’s plan is implemented (2023 +/-).  That the plan addressing sea level rise currently ongoing in the County has different objectives than USACE’s plan however, there will be information sharing as necessary between those involved with the individual activities.  That the Pelican Bay Service Division areas are not included in the study as there is no public access to their beaches.  Congressional delegations in the area are notified on USACE activities in the region on a quarterly basis.  The presentation will be made by the USACE at 10:00 a.m. in New York City on January 11, 2019, Members are invited to attend remotely.  Staff will provide future updates on the plan as necessary. CAC March 14, 2014 VI-1 Approval of CAC Minutes 3 of 6 January 10, 2019 4 3. Update Ferriera Dredging Rocks and Lowdermilk Park Mr. McAlpin reported:  During the dredging of Doctors Pass, the contractor over dredged the specified depth into the limestone base in some areas.  The dredging spoils were deposited offshore near Lowdermilk Park and during the recent high winds before Christmas, portion of the limestone rock moved to an area where they are now exposed during extreme low tides.  The limestone rock create a safety hazard for beachgoers and measures need to be taken to address the issue.  When the contractor was notified, he alleged the limestone rocks were not a result of his activity and would not be responsible to remedy the situation.  The County Attorney’s office has become involved and the cost for the work is estimated at $30,000 - $40,000.  The County is reviewing the issue and will make a determination on the most prudent avenue available to remediate the issue. VIII. New Business 1. Marco Island Central Beach Re-Grade * 12/17/18 H&M Letter * 12/20/18 H&M Letter * Notice of Recommended Award. Mr. McAlpin presented the Executive Summary “Recommendation to approve the Marco Island Central Beach Re‐Grade Construction Agreement (Solicitation No. 19-7512) to Earth Tech Enterprises, Inc., for a lump sum total of $1,147,000; approve the necessary budget amendment and make a finding that this item promotes tourism” dated January 10, 2019 for consideration. He noted:  Bids have been received from 4 vendors for the work necessary to re-grade the beach to eliminate the potential for ponding water in certain areas.  After review, Earth Tech Enterprises, Inc. was awarded the contract for the work.  One vendor, who was not awarded the contract, filed an appeal, however the legal options required for the process have been exhausted and the item is scheduled to be heard by the Board of County Commissioners on January 22nd. Ms. Roddy moved to recommend the Board of County Commissioners approve the Marco Island Central Beach Re‐Grade Construction Agreement (Solicitation No. 19-7512) to Earth Tech Enterprises, Inc., for a lump sum total of $1,147,000; approve the necessary budget amendment and finds the item promotes tourism. Second by Mr. McCann. Carried unanimously 8 – 0. IX. Old Business 1. Ordinance Revision - Roles, Duties, Responsibilities of the CAC Mr. McAlpin presented the proposed changes to the Ordinance governing the Coastal Advisory Committee noting:  That the Committee approved changes to the proposed Ordinance at their prior meeting.  Subsequently, Commissioner Solis reviewed the proposed Ordinance and recommended changes which are presented for consideration today. CAC March 14, 2014 VI-1 Approval of CAC Minutes 4 of 6 January 10, 2019 5  The changes provide for the Committee to assist in addressing certain water quality issues accordingly such as; high bacteria, fecal, nutrient and toxic metal levels, blue green algae, and red tide.  As noted at a previous meeting where action was taken to forward the proposed changes to the BCC for consideration, Staff reported that they are not in favor of the changes.  There is a concern that the proposal creates a duplication of efforts given to other Departments within County (Pollution Control, Stormwater Management, etc.). They are already overseeing and addressing issues such as septic tanks, fertilizer ordinance requirements, and standards for the use of reclaimed water, etc.  Additionally, currently there isn’t enough staff available to support the proposals and there would be potential funding issues for any proposals brought forth. Mr. Trecker, Chairman of the Subcommittee noted:  Commissioner Solis’ changes are intended to address concerns raised by staff.  The existing Ordinance does include a water quality component as part of the CAC responsibilities.  The purpose is facilitate addressing these issues in a comprehensive manner and not interferes with ongoing staff efforts within the various Departments.  Any undertakings would be of long term in nature and a Subcommittee could assist staff in their tasks. Mr. Trecker moved to recommend the Board of County Commissioners adopt the proposed Ordinance revisions as presented. Second by Mr. McCann Discussion occurred with some Members noting that the changes would be beneficial, especially to facilitate collaborative efforts between Collier County and the City of Naples, Marco Island, Everglade City, etc., which require coordination to provide the most beneficial results (i.e. fertilizer ordinances). Additionally, local water quality issues impact coastal waters and beach conditions (i.e. red tide, etc.) for the areas in question. Others expressed concern on the logistics of implementing the changes which may potentially slow down staff’s efforts to address the issues. Additionally, the issues may not be able to be solved at the local level and could require State and Federal cooperation. Motion carried 5 “yes” – 3 “no.” Mr. Jim Burke, Mr. Koziar and Ms Roddy voted “no." Staff reported the recommendation will be brought forth to the Board of County Commissioners for consideration X. Announcements 1. Public Notice - 2019-2020 Grant Applications Ms. Hambright provided the notice “Coastal Advisory Committee Accepting Category “A” Grant Applications, Colliery County, Florida” for informational purposes noting the applications are for Fiscal Year 2019 – 2020. XI. Committee Member Discussion Mr. Trecker requested Staff provide him the information on his term of service on the Committee so he may reapply if necessary. CAC March 14, 2014 VI-1 Approval of CAC Minutes 5 of 6 January 10, 2019 6 XII. Next Meeting Date/Location February 14, 2019 – Government Center, Administration Bldg. F, 3rd Floor ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:31 P.M. Collier County Coastal Advisory Committee _____________________________ Chairman These minutes approved by the Board/Committee on _________________________________________ as presented _____________ or as amended _______________. CAC March 14, 2014 VI-1 Approval of CAC Minutes 6 of 6 CAC March 14, 2019 VII-1 Revenue Report 1 of 17 CAC March 14, 2019 VII-1 Revenue Report 2 of 17 CAC March 14, 2019 VII-1 Revenue Report 3 of 17 CAC March 14, 2019 VII-1 Revenue Report 4 of 17 CAC March 14, 2019 VII-1 Revenue Report 5 of 17 CAC March 14, 2019 VII-1 Revenue Report 6 of 17 CAC March 14, 2019 VII-1 Revenue Report 7 of 17 CAC March 14, 2019 VII-1 Revenue Report 8 of 17 CAC March 14, 2019 VII-1 Revenue Report 9 of 17 CAC March 14, 2019 VII-1 Revenue Report 10 of 17 CAC March 14, 2019 VII-1 Revenue Report 11 of 17 CAC March 14, 2019 VII-1 Revenue Report 12 of 17 CAC March 14, 2019 VII-1 Revenue Report 13 of 17 CAC March 14, 2019 VII-1 Revenue Report 14 of 17 CAC March 14, 2019 VII-1 Revenue Report 15 of 17 CAC March 14, 2019 VII-1 Revenue Report 16 of 17 CAC March 14, 2019 VII-1 Revenue Report 17 of 17 EXECUTIVE SUMMARY Recommendation to amend the Function, Powers and Duties of the Coastal Advisory Committee to provide Coastal Water Quality coordination, education, oversight and outreach for all of Collier County including the City of Naples, the City of Marco Island and Everglades City. OBJECTIVE: To address recurring Coastal Water Quality issues within Collier County. CONSIDERATION: The Coastal Advisory Committee is requesting that Section 2-887. - Function, Powers, and Duties of Ordinance 2001-3 and amended in Ordinance 2001-14 establishing the Coastal Advisory Committee be amended to As per the revised. Marked up Ordinance.: FISCAL IMPACT: No fiscal impact will result from this activity. ADVISORY COMMITTEE RECOMMENDATIONS: Staff is recommending approval of the attached ordinance revisions. LEGAL CONSIDERATIONS: RECOMMENDATION: To amend the Function, Powers, and Duties of the Coastal Advisory Committee to provide Coastal Water Quality coordination, education, oversight and outreach for all of Collier County including the City of Naples, the City of Marco Island and Everglades City. Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division CAC March 14, 2019 VIII-3 New Business 1 of 1 ORDINANCE NO. 2019 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONE COLLIER COUNTY, FLORIDA, AMENDING 2001-03, AS AME WHICH CREATED THE COLLIER COUNTY COASTAL ADV] COMMITTEE, BY AMENDING SECTION TWO, FUNCTIONS PO AND DUTIES OF THE ADVISORY COMMITTEE, TO AD] RECURRING COASTAL WATER QUALITY ISSUES WITHIN CO: COUNTY; PROVIDING FOR CONFLICT AND SEVERABI PROVIDING FOR INCLUSION IN THE CODE OF LAWS ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in cooperation with the City of Naples and the City of Marco of County Commissioners (Board) adopted Ordinance No. 2001-03, creating the Coastal Advisory Committee to assist with the establishment of unified beach eros inlet management programs and advise the Board and the Tourist Development Co project priorities with respect to funding sources for restoration and protection County shoreline; and WHEREAS, the Board desires to amend Ordinance No. 2001-03, as amended, to address continuous and recurring coastal water quality issues that im County, including the City of Naples, City of Marco Island, and City of Everglades NOW, THEREFORE, BE IT ORDAINED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: i OF IED, )RY 1, the Board lier County control and it (TDC) of the Collier sequently of Collier COUNTY SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2001-03, AS AMENDED. Section Two of Ordinance 2001-03, as amended, is hereby amended as follows: SECTION TWO: Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be to advisand make recommendations to the Board of County Commissioners and the TDC on matters ertaining to the following: A. Development and implementation of a long-term beach erosion control pr gram within Collier County to include identification of beach segments with common eroson/accretion histories, recommendations of beach management strategies for each segment, and evelopment of long-term strategies for areas of chronic erosion; [2005-001/1465309/11 Words Underlined are added; Words Stmek T4iretigh are deleted. t � Pagel of 3 B. Planning and prioritizing of capital improvement programs related to coz stal issues, including recommending alternative funding sources for the development and imp ementation of coastal management and erosion control projects (i.e., grants from the State of F14 irida Beach Erosion Control Program and Federal navigation and coastal management projects'; C. Coordinating with regional and state-wide groups as may be necessary to further the goals, and policies of Collier County; D. Outlining of coastal zone management policies and construction procedures for beach nourishment, sediment borrow site identification, inlet management plans, inlet improvement projects, dredging, dredge spoil disposal site identification, coastal erosion trend evaluation, coastal and estuarine habitat protection and restoration, and other similar activities E. Reporting on innovative proposals by the public and staff. F. Reviewin r common continuous and recurriniz Coastal Water Quality issuei that affec all of Collier County includingthe e Cit o�ples, the City of Marco Island and Ever lades Cit} Coastal Water quality issues include but are not limited to high bacterial, fecal, nutrient, and toxi metal levels; blue-igreen algae; red tide-, and other water gualily issues that affe t the ba estuaries, inlets and shoreline; and G. Reporting to the Board of Count Commissioners specific and relevant issues of critical importance that if corrected will positively impact Collier County coastal water qualily. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier Co inty or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the v lidity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be re umbered or relettered to accomplish such, and the word "ordinance" may be changed to "section,' "article," or any other appropriate word. [2005-001/1465309/11 Words Underlined are added; Words Sttlsk T4weugh are deleted. Page 2 of 3 0 SECTION FOUR: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2019. ATTEST: BO CRYSTAL K. KINZEL, Clerk CO 8.0 , Deputy Clerk Approved as to form and legality: Colleen. M. Greene Assistant County Attorney [2005-001/ Words Underlined are added; W, Page &Ar' 3/,-/7,0fq c, SECTION TWO: Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be to advise and make recommendations to the Board of County Commissioners and the TDC on matters pertaining to the following: A. Development and implementation of a long-term beach erosion control program within Collier County to include identification of beach segments with common erosion/accretion histories, recommendations of beach management strategies for each segment, and development of long-term strategies for areas of chronic erosion; B. Planning and prioritizing of capital improvement programs related to coastal issues, including recommending alternative funding sources for the development and implementation of coastal management and erosion control projects (i.e., grants from the State of Florida Beach Erosion Control Program and Federal navigation and coastal management projects); C. Coordinating with regional and state-wide groups as may be necessary to further the goals and policies of Collier County; D. Outlining of coastal zone management policies and construction procedures for beach renourishment, sediment borrow site identification, inlet management plans, inlet improvement projects, dredging, dredge spoil disposal site identification, coastal erosion trend evaluation, coastal and estuarine habitat protection and restoration, and other similar activities; E. Reporting on innovative proposals by the public and staff; F. Reviewing common, continuous and recurring coastal water quality issues that affect all of Collier County, including the City of Naples, the City of Marco Island and Everglades City. Coastal water quality issues include but are not limited to high bacterial, fecal, nutrient and toxic metal levels; blue-green algae; red tide; and other water quality issues that affect the bays, estuaries, inlets and shoreline; G. Reporting to the Board of County Commissioners specific and relevant issues of critical importance that, if corrected, will positively impact Collier County coastal water quality; Reviewing and recommending long-term solutions and programs that ad issues inclu but not limited to, the following: • Excessive reside and commercial use of fe ' ' r, fertilizer ordinances and enforcement; • Use of recycled and rec�ed water • Stormwaterjmfflows into the Gulf of Mexico; and • Tk"effects of septic systems on ground waters, estuaries and SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. 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Ilk- 117 %4* C& F 90 L dip of, �Y } , :f -d I r7 t AL a16 Alk `• . i' Rr k ■ y � i ti 0 Y. ~ hhh, __ _� _ Google -earth O 2018- aogle ,iLegend 14 MTN, Feature 1 Lowdermilk Park ' #4 5 r h fm0st JOIfit- Park Shore X10 A s arroentratp, Rbck.Area Southernmost Point IL k,$0;1�y�61vd r _ Lp rmiIkLPar4c 600 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to Contract 19CO1 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program f or Dredging of Wiggins Pass, and make a finding that this item promotes tourism. OBJECTIVE: To execute Amendment No. 1 to Contract No. 19CO1 with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program for Collier County Wiggins Pass inlet management. CONSIDERATIONS: FDEP Agreement No. 19CO1 was approved by the Board of County Commissioners (Board) on September 11, 2018 (Item 16.A.27). The purpose of this contract was to enter into a cost share reimbursement agreement with FDEP for implementing the Inlet Management Plan for Wiggins Pass approved by FDEP. Amendment No. 1 to this contract increases the amount of funding available for reimbursement from $557,189 to $1,368,750 and adds Task 3 (Monitoring). This additional reimbursement is for the dredging of Wiggins Pass which was completed in the Spring of 2018 and the pass monitoring which was completed in January 2019. The execution of the FDEP Beach Funding Assistance agreement primarily provides funding assistance for dredging work already completed and, to a lesser extent, monitoring work that is underway, or is to be undertaken in the near future. FDEP has determined that 75% (percent) of the non-federal project costs are eligible for state cost sharing. FDEP’s financial obligation shall not exceed the sum of $1,368,750. for this project. ADVISORY COMMITTEE RECOMMENDATIONS: At the May 11, 2017 Coastal Advisory Committee (CAC) meeting the original contract 19C01 was unanimously approved by an 8 to 0 vote. The Tourist Development Council’s (TDC) also approved the original contract 19C01 at their regularly scheduled meeting on May 22, 2017. Staff is recommending approval of Amendment 1 to FDEP contract 19C01. FISCAL IMPACT: Approval of this item will allow Collier County to be reimbursed for up to 75% of the total cost to design, dredge and monitor Wiggins Pass through the latest monitoring event completed in January 2019. This will amount to an additional reimbursement potential of $811,561 for work previously completed to date. GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan related to this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To approve and authorize the Chairman to execute Amendment No 1 to Contract No. 19CO1 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program for Collier County Beach Nourishment and make a finding that this item promotes tourism. Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division CAC March 14, 2019 VIII-5 New Business 1 of 1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project) Agreement Number Wiggins Pass lntet Management Plan 19GO1 2. Parties State of Florida Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Collier County, Coastal Zone Management Entity Type: Local Government Grantee Address: 28M Nonh [torseshoe Drive FEID: 5A9-6000558 Naples, FL 33104 Grantee 3. Agreement Begin Date: Date of Expiration: 7/1/2018 12/31/2024 4. Project Number: Project Locations} (Ifdierentfrom Agreement Number) Collier County Project Description: This project consists of design and construction. 5. Total Amount of Funding: $557,189.00 Funding Source? Award #s or Line Item Appropriations- Amount per Source(s): ® State ❑Federal FV 18119 GAA Line # 1597 $557,189.04 ❑ State ❑Federal ❑ State ❑Federal ❑ State ❑ Federal 6. Department's Grant Manager Name: Vince George or successor Address. Beach Management Funding Assistance 3900 Commonwealth Boulevard, MS 3601 Tallahassee, FL 32399-3000 Grantee's Grant Manager Name: Gar►' McAlpin or successor Address:Coilier County, Coastal Zone Management 2800 North Horseshoe Drive Naples, FL 34104 Phone: (850)245-2972 Phone: 239-252-2966 Email: vince.george@floridadep.gov Emaii:earymenipin(d,)colliergov.net 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incomorated bv reference: ® Attachment I: Standard Terms and Conditions Applicable to All Grants Agreements 2 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan ® Attachment 4: Public Records Requirements ® Attachment 5: Special Audit Requirements ❑ Attachment b: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): ❑ Exhibit A: Progress Report Form ❑ Exhibit B: Disclosure of Lobbying Activities (Federal) ❑ Exhibit C: DEP Property Reporting Form ® Exhibit D: Payment Request Summary Form ❑ Exhibit E: Quality Assurance Requirements ❑ Exhibit F: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. 19CO1 Rev. 8128117 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers FAIN): Federal Award Date to Department: Total Federal Funds Obli ated by this A cement: Federal Awarding A enc Award R&D? ❑ Yes ❑NIA IN WITNESS WHEREOF, this Agreement is being executed by the Parties and is effective on the date in the Agreement Begin Date above or the hwt date signed below, whichever is later. g' Collier CotJnty, oasta one Ma"XWY GRANTEE Grantee Name By (�iur iz Signature) Date Signed T 10 �QI '0Ie > 'P( 12),-0 A'- -A 16C i" I Print Name and Title of Person Signing ® Additional signatures attached on separate page. il,ruvr�i as to form and le-6alily A:�istunt C�t,trtty Atw cy CRYSTAL K: K1N2�L, , 7 CLERK - [_ tsy: Attest as to Ch an s signature ollly DEP Agreement No. 19CO1 Rev. 8/28/17 �C� DWRA Additional Siiznatures DEP Grant Manager I 1 GL. DEQ QC Reviewer Local Sponsor may add additional signatures if needed below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGRIEEMENTS ATTACHM. ENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parries with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void, 2. Grant Administration. it. Orda of Preccdencg. If there are conflicting provisions among the documents that makeup the Agreement, the order of precedence for interpretation the Agreement is as fol laws: i. Standard Grant Agreement ii, Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii, Attachment i, Standard Terns and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shat! be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. if the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. if a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager wit] be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (l) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date ❑fthe Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent [2G%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (l) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless Otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terns and Conditions. 4. DeliverabIcs. 'rhe Granlee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the scheduie and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. S. Performance Measures. Attachment 9 loft] Rev. 4127118 "C' 0) The Grantee warrants khat: (1) the services will be performed by qualified personnel; (2) the scrviices will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgramees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstan diitg any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of deliverables. a. Accmmncc Process, All deIivcrab les must be received and accepted in writing by department's Grant Manager before payment. The Grantee shall work diligently to correct ail deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. f f Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable wilt not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shalI constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pavmgnt. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant W ork Plan shall be considered penalties. b. Corrective Action Pin. If Grantec fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days afreecipI of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may resuIt in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee ofany of its obligations under the Agreement. in the event the CAP Fails to correct or eliminate performance deficiencies by Grantee. Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform, No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. S, Payment. Attachment 1 2ofII Rev. 4127118 OCAO a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c, Maximum Amount of A reement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit D, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: www.myfloridacfo.com/aadir/reference guide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (6 0) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contin enc . The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Divisioii/AAIVendors/defauit.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers Attachment I 3ofii Rev. 4/27/18 charged by any subcontractor exceeded the rates supported by audit, Grantee steal I be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691.73, F.A.C., as applicable. The Grantee shaii be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, Fixed-price subcontracts to co nsuIIan tslcontract ors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from proe urement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's. Grant Manager of the fixed price negotiated by Grantee, The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. H. if the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or Federal requirements. d. Travel. All requests For match or reimbursement oftravel expenses shall be in accordance with Section 112.061, F. S. e. Direct Purchase EQuioment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f'. RentaI/Lease of E"iprnent. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges, g. Miscellaneous/other Expenses. 11' miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing. are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing suppIics or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership ofreal property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing StatementslDocumems, Deeds, Leases, Casements, License Agreements, or other legal instrument documenting acquired property interest andlor rights. 1 r Ian acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 3d and December 31. The Department wiII review the required reports submitted by Grantee within thirty (30) days, 1l. Retainage, Attachment 1 4 o; l l Rev. 4/27118 ,ko It The following provisions apply if Department withholds retainage under this Agreement: a, The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval ofall deliverables. b. if Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. insurance Reauirgments for Sub -Grantees and/or Subcontractors The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require ail its sub -grantees and/or subcontractors, ifany, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proofof insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility ofthe Grantee providing such insurance. c. Proof of lnsu_rance. Upon execution of this Agreement. Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certi ficates of insurance, a self- insured authorization, or other certification of sel F insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shat I im mediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (i 0) days after the cancellation orcoverage. 13. Termination. a, Termination fpr Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to he terminated. The Department must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty {30} days of the effective date of termination. b. Termination for Cause. The Depanment may terminate this Agreement if any of the events of default described in the Events or De fault provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. lf, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shalt be the same as if the terrnination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by iaw or under this Agreement. c. Grantee ObIieaIions upon Notice of Term iriadon. After receipt o f a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent spec Pied, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. Ifthe Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall riot be entitled to recover any cancellation charges or lost profits. d. CgminuatiOn of Prepaid Services, If Department has paid For any services pr'sor to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Depanmem with those seryices for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for seryices that have been paid for but not rendered. Attachment 1 Sof iI Rev, 4127118 , C.N e. Transition of Services Upon Tgrminatian,Extriration, or Cancellation of the A reemert. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition or Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with tate new provider(s), however additional requirements may be outlined in the Grant Wark Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complcte the transition or continued portion of the Agreement, if any. 14. Notice of Default, If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain ror correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee w i I I be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. S5. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level ofservices required fora deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement: b. The commitment of any material misrepresentation or omission in any materia Is, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the ceryl f icate of authority granted to the Grantee by a state or other Ilcensing. authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g, Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigratian and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 3"ay period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 1 1 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; andlor iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation, 15. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. W i i h i n 90 days, or any longer period agreed Io by the parties, Department shall either: ( I ) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (3 0) days' notice required for a notice or termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform 'if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, tires, floods, or other similar cause wholly beyond Grantee's control, or for any of the Attachment 1 6of' li Rev. 4127118 CAOQ1 foregoing that affect subcontractors or suppliers irno alternate source of supply 1s available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. if performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject ofthe delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Departmenz and its officers, agents, and employees, from suits, actions, damages, and casts of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in who ie or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any lass or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent aets or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F. S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion io the contrary is nuit and void. 19. Limitation or Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid Balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall he construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim far damages, penalties, costs and the like asserted by or against it. 21. Waiver. Attachment 1 7 of 1 1 Rev. V27118 �� 0 The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to !Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(c) of the Immigration and ]Nationality Act. If Granteelsubcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287,133 and 287.134, F,S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction fora public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.417, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii, Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair ofa public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii, Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (8 50) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of,• a be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a, Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., Department may immediately terminate this Agreement at its sole option if Grantee or its subcontractors are found to have suhmitted a false certification; or if Grantee, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.133, F.S.. Department may immediately terminate this Agreement at its sole option if Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if Attachment I 8ofII Rev. 4127118 'ter'° Grantee, its affiliates, or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. d. As provided in Subsection 287.135(8), F.S., if Federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity, The Granice agrees that no funds received by it under this Agreement will be expended for the purpose of Iobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), FX, during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents direed y pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector Cie neral deems relevant to Grantee's integrity or responsibility. Such information may include. but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of, (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: it(t ! //d 0 s nn Mori da.cc) m/fibra archiveslrecords-maita Scrnen VUncra I -reco rds-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20,055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing, The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and l_nspec ion. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; H. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5, If Department fails to provide an updated copy of Exhibit I to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: Itttps:llapps. t1 1's.cnmlfua. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). The Department Attachment 1 9 n[ 1 1 Rev. 4t27/18 �Cti1{} may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No C2mmingiine of Funds. The accounting systems fbr all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. if Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in pan, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based 0n the prevailing rate used by the State Board of Administration. Interest shall be calculated from the dates) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii, in the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another s0urce(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shalt be charged for those recovered costs as calculated on From the dates) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grarttce covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance 0f services required. 29, independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a, Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform alk work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be Iiable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Dep art inent's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award o f s u bco ntract s should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-4915. g. The Grantee shall not be liable for any excess costs for a failure to perform, "if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee or Parent Company. if Grantee is a subsidiary of another corporation or other bus incss entity, Grantee asserts that its parent company wilt guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment l 100!'11 Rev. 4/27/18 C4 5 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The resp eel ive obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties, The Department shall not be deemed to assume any liability far the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. if Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability, If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall rumish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36, Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for perform ante of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so, 37. Execution in Counte"rts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument, In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to hind the respective party to the Agreement. Attachment 1 ll ofII Rev, 4/27118 ( 9o STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 19CO1 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outiined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply, 1. Scope of Work. Thr Project funded under this Agreement is Wiggins Pass Inlet Management Plan. The Project is defined in snore detail in Attachment 3, Grant Work Plan, 2. Duration. a. Reimbursement Period:. The reimbursement period f'or this Agreement begins on July 1, 2017 and ends at the expiration orthe Agreement. b. Extensions. There are extensions available for this Project. c. Service Period Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b, Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matehing Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference G uide for State Expenditures, as indicated: Reimbursement Match Ca e o ❑ ❑ Salaries/Wages Overhead/indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, NIA. p ❑ b. Indirect Casts, NIA. ® ❑ Contractual (Subcontractors) p ❑ Travel ❑ ❑ Equipment ❑ ❑ Rental/Lease afEquipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Travel. Additional compensation for travel is not authorized under this Agreement 6. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. & Match Requirements See Attachment 3. Grant Work Plan. Attachment 2 1 of 2 Rev. 5/3/2018 C,Ao, 9, insurance Requirements Required Caveraee. At all times during the Agreement the Grantee, at its so le expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or a Ile mat iveIy, Grantee may provide coverage through a self insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements app]icabie to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies, The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance, If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and af#icers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as Follows: $200,0001300,000 Automobile Liabiiity for Company -awned Vehicles, if applicable $200,0001300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' CQ men sa tio n and Ern p Io er's LiabiIi ty Covera e. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F. S., and employer's liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. d. Other I nsurance. None. 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. Retainage is permitted under this agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 12. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval, The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 13. State-owned Land. Special Terms for Projects on State -Owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 14. Office of Policy and Budget Reporting. There are no special 0Miice of Policy and Budget reporting requirements for this Agreement, 15. Additional Terms. Attachment 2 2 oft Rev 513/2018 CAS ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Wiggins Pass inlet Management Plan PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DFA) reference monuments R 16 -- R 17 along the Gulf of Mexico in Collier County, Florida. PROJECT BACKGROUND: The initial phase of the latest Inlet Management Study was implemented in 2013 by dredging approximately 107,040 cubic yards for maintenance dredging and initial realignment of the channel. In 2015, an interim maintenance dredging project excavated 13,000 cubic yards to clear the shoal across the main inlet entrance channel. Per the IMS, Wiggins Pass is currently dredged at regular intervals of approximately four years with optional interim dredging events every two years. FDEP has approved the inlet management plan, which will be implemented starting with the 2018 maintenance dredging event. Dredging of Wiggins Pass will be concurrent with the dredging of Doctors Pass as a means for cost sharing of common costs. PROJECT DESCRIPTION: The Project consists of design and construction. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $557,189 for this Project or up to 75 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non -Federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes (F. S.). Pursuant to Sections 161.041 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 628-36.005(2)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and alt associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: httns:-/tlt)ridadep.gov'sites/deftultltiles/ Physical Monitor! ng_Standards.pdf One (1) electronic copy of ail written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. DEP Agreement No. 19CO1, Attachment 3, Page l of 3 I�1! Acronyms: DEP—Florida Department of Environmental Protection F.S. -- Florida Statutes F.A.C. — Florida Administrative Code IMP— Inset Management Plan IMS - Inlet Management Study TASKS and DELIVERABLES: For all tasks identified below, the Local Sponsor will provide detailed scopes of work or a letter requesting advance payment, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental pen -nits and other Project -related authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable, Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task Z: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental suryeys, beach fill, tilling and scarp removal, erasion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. DEP Agreement No, 19Ca1, Attachment 3, Page 2 of 3 ,�D� Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title State Federal Budget Amount Task Start Date Deliverable Due Date Task # Eligible Project Tasks Cos Estimated DEP Local Total 2 Construction Share Share Project Casts $515,189.00 7/1/2017 6/30/2024 Total: $557,199.00 ado r 1 Design 75.00% $42,000.00 $14,000.00 $56,000.00 2 Construction 75.00% 5515,189.40 $171,729.66 $686,918.66 .$557,189.110 $185,729.66 $742,918.66 TOTAL PROJECT COSTS PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date 1 Design Contractual Services $42,000.00 7/1/2017 6/30/2020 2 Construction Contractual Services $515,189.00 7/1/2017 6/30/2024 Total: $557,199.00 DEP Agreement No. 19CO1, Attachment 3, Page 3 of 3 GO STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. if the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally tenninate the Agreement if Grantee refuses t4 allow public access to Public Records as required by law, 2. Additional Public Records Duties of Section 119.0741, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Fnsure that Public Records that are exempt or cord iidentiai and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements, if the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software fortnats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850} 245-2118 Email: pub) ic.services(Ci floridadep_.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 DEP Agreement No. 19001, Attachment 4, Page 1 of 1 Rev. 412712018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 The administration of resources awarded by the Department or Environmental Protection (which may be referred to as the "Department", "DEP", 'FDEP"or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name In the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, 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 2 CFR Part 200, Subpart F, 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 determ ines that a lim iced 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 (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2414), In the event that the recipient expends $500,000 ($750,004 for fiscal year start dates after December 26, 2014) 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, and 2 CFR Part 200, Subpart F. FXHIBIT 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, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this pari. 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 OM13 Circular A-133, as revised, and 2 CFR Pan, 2017, Subpart F. If the recipient expends less than $500,000 (or $750,006, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-] 33, as revised, and 2 CFR Part 200, Subpart F, is not required. in the event that the recipient expends less than 5500,000 (or 5750,000, as appiicable) 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, and 2 CFR Part 200, Subpart F 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). DEP Agreement No. 14CO 1, Attachment 5, Page 1 of 5 Rev 4727/2011 .. `Crfr The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gav PART 11. STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes 1, in the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, 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 l to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agrcement. in determining the state financial assistance expended in its fiscal year, the recipient shall consider al! sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not 'include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph f; the recipient shalt ensure that lite audit complies 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 for-profit organizations), Rules ofthe Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required, In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog orState Financial Assistance (C SFA), a recipient should access the Florida Single Audit Act website located ath1tps.f]1rifs.cnmlfsaa for assistance, In addition to the above websites, the Following websites may be accessed for information: Legislature's Website at http:llwvvAv.leg.state.fl.uslWelcomelindex.cl'm, State of Florida's website at htt :Ilww�+.snvtlnrida. cmtl, Department of Financial Services' Website at httn:llwwvv.fldfs.com/ and the Auditor General's Website at h ltD:l/t+' �,vw.mvflorida.com./audaen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE' This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that .State awarding entity's policy (i. e., the audil is nas required by Federal or Slate laws and is not in conflict with other Federal or Stale audit requirements). Pursuant to .Section 215.97(8). Florida Statutes, State regencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an even 1, the State awarding agency must arrange for funding the full cast of such additional audits. j PART 1V: REPO'RT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with ❑MB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART 1 of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200. Subpart F. by or on behalf of the recipient directly to each of the Following: DEP Agreement No. 19CO1, Attachment 5, Page 2 of 5 �. er;7Rv�a A. The Department ofEnviron mental Protection at ane of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSi ngleAudit�6ldep. state .tl. us B. "rhe Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sectio ris .320 (d)( i ) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit C I cari ngho use 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, 2 00 8, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at httv:Illtarvcster.Census.guyliat wt bl C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR §200.512. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpar F, and any management letters issued by the auditor, to the Department of f,nvironmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: I l] 1 ' ' i ] cA iii g 12, s tate. 11 3. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the fallowing: A. The Department of En v ironm entai Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 DEP Agreement No, 19COI , Attachment 5, Page 3 of 5 Rev 4.127-U II Electronically: FD1J1SingleAudit+wde ..state.il.us a. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 1 I 1 West Madison Street Tallahassee, Florida 32399-1450 4, Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf ofthe recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleA udit�ii,�den.staie. fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with DMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, 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 afEnvironmemal Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, 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 fora period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief FinaVial 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 Far a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Agreement No. 19CO1, Attachment 5, Page 4 of 5 Ker dlt7R018 EXHIBIT -1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLDWrNG: Federal Resources Awarded to the Recip ient Pursuant to this A g reement Consist of the FoIto win : Federal State Program CFDA Appropriation Number f=ederal ALency Number CFDA Titic Funding Amount Cate o 5 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Fundin • Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Cate o Original Land Acquisition Trust Fund, GAA Line Item # 2018-2019 374103 13 Beach Management Funding $557,189.00 140126 Agreement 1597 Assistance Program Total Award 1 $557,1 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [ti %v%v.cfda_govj andlor the Florida Catalog of State Financial Assistance (CSFA) IhMs,11apy,.gAldfs.com/fiaa/searchCatalctg.asnxj. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. DEP Agreement No. 19CD1, Attachment 5, Exhibit 1, Page 5 of 5 nr. arrna,e EXHIBIT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: Wiggins Pass IMP Local Sponsor: Collier County, Coastal Zone Management DEP Agreement Number: 19CO1 Remittance Address: Billing Number. Billing Type: ❑ interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share S $ S *if applicable Cost Summary: State Funds Obligated Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment Less This Retainage (5%) State Funds Remaining $ DEP Agreement No. 19CO1, Exhibit D, Page 1 of 5 Total Local funds Obligated Less Advance Pay S Less Previous Credits Less This Credit S Local Funds Remaining a CAO Name of Project: Billing Number: DEP Agreement Number: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART II Billing Period (I): Person Completing Form & Telephone Number (2): REIMBURSEMENT DETAIL nirr Item Vendor invCheck Task Invoice N Nanrc 'Number Number Number Date (3) SOW Number Invoke (3) Amqunl(A) % Eligible Fed Cost (5) Share (6) Federal of Invoice Amoco! Amount 7• Non- Federal (8) % stateshare Share (9) State Shaer [l01 Local Stare (1l) etainage Payment (12) Withheld Retainage [t3j State 1'aymeal (Rd) - - $0.00 0.00 0,w 0.00 - Totals - - - - - Total Due to Local Sponsor (15) Form Insttuctions: I Billing Period Shoufd reflect Invoice services performed date (beginning date - car)icst dale of services, end date -latest date of services performed) 2 Person responsible for completing this form: Please identify the person responsible for completing information sfclanfmition is needed. 3. Task 9: Must identsfy Task . 4, SOW b: Must identify SOW(s) for each invoice. if invoice covers muItipie SOW, that invoice would 1>e listed muInpie times, a Ione item fof each SOW 4. lnvosee Amount S. Eligible Cost. Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only. 6. % Federal Share. Ifapplicable this should be the percentage listed in Agreement Federal Share wilt be listed on Table I ifapp] icable. 7 Federal Share 11 -applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage 8 Non -Federal Share. Eligible Cosy (5) minus Federal Share of Invoiced Arno on( (7). 9 Pcrcm4c:of State Share: This should be the State Share Percentage lister! in Agreement. 16. State Share. Multiply Tion -Federal Share by State Share Percentage. 11 Local Share: Subtract State Share from Non -Federal Share. l2. RetamMge Payment: Requires separate line for each completed Task, Sub -Task and or Dellverabk that retainage is being requested. 13 Withheld Relainage. Multiply State Share by 10*/o. 14, State Payment: Subtract Retainage from State Share. 15. Total Due to Local Sponsor: Add Retainage Payment Total (l2) to State Payment Total (14). Please redaet all sensitive financial information from 1be invoim and other supporting documentation to be svbtnitted with this Payment Request Forme Notes For questions or concerns regarding this form please contact Janice Simmons- (85Q)245.2978 in email at Jan ice. L Sammons@dep.state . 11 us P Agreement No. i9C01, Exhibit D, Page 2 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT Name of Project: Wiggins Pass IMP Local Sponsor: Collier County, Coastal Zone Management DEP Agreement Number: 19C01 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,). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work. Plan. The fallowing format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered - DE P ncountered: DEP Agreement No. 19CO1, Exhibit D, Page 3 of 5 IF, )a FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV Name of Project: Wiggins Pass IMP Local Sponsor: Collier Coun Coastal Zone Mann ement DEP Agreement Number: 19CO i Billing Dumber. Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the Project described in the grant work plan. I certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Name of Project Financiai Officer Signature of Project Administrator Signature of Project Financial Officer DEP Agreement No. 19C01, Exhibit D, Page 4 of 5 Date Date FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CONTRACT COMPLETION CERTIFICATION PART V Name of Project: Wiggins Pass IMP Local Sponsor: Collier County, Coastal Zone Management_ DEP Agreement Number: 19COI Task Completion ❑(hist Task) Contract Completion ❑ *1 hereby certify that the above-mentioned Project task has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds expended for the Project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the Department, have been retumed to the Department, or will be returned to the Department within sixty (60) days of the completion of construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed. Name of Protect Manager Signature of Project Manager Date DEP Agreement No. 19CO 1, Exhibit D, Page 5 of 5 �'Af] k" � - 4, 14-nt 11 pyo Memorandum Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor TO: Noah Valenstein, Secretary THROUGH: John Truitt, Deputy Secretary of Regulatory Programs lK FROM: Alex heed, Director, Division of Water Resource Management SUBJECT: Request for Signature Delegation for the Beach Management Funding Assistance Program and the Nonmandatory land Reclamation Program DATE: June 12, 2018 Noah Valenstein Secretary ISSUE: The Division of Water Resource Management is requesting delegation of signature authority for the Beach Management funding Assistance Program and the Non -mandatory Land Reclamation Program, for those projects that are at the funding levels requiring signature by the Secretary and the Deputy Secretary. The projects are selected for funding pursuant to Legislative appropriation or the rules for each program. ASK: The Division requests delegation of final signature authority for the grant agreements and the amendments thereto associated with all projects in the Beaches Management Funding Assistance Program and the Nonmandatory Land Reclamation Program. I hereby delegate final signature authority on the above grant agreements and amendments to the Division Director. Noah Valenstein, Se etary AMENDMENT NO. 1 TO AGREEMENT NO. 19COl BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY This Amendment to Agreement No. 19COI is made by and between the Department of Enviro mental Protection (Department), an agency of the State of Florida, and Collier County, 2685 South Horseshoe Drive, Uni 103, Naples, FL 34104 (Local Sponsor), on the date last signed below. i WHEREAS, the Department entered into the Agreement with the Local Sponsor for beach matfagement and erosion control activities consistent with the statewide strategic beach management plan, effective Oct ber 1, 2018; and WHEREAS, the parties wish to amend the Agreement as set forth herein as the Local Sponsor requested an update to Local Sponsor's physical address, included in the first paragraph above, and the Department Pas as agreed; and WHEREAS, the parties wish to amend the Agreement as set forth herein as the Local Sponsoras requested updates to the Special Terms and Conditions to update the Cost Eligible for Reimbursement or Matching Requirements and the Department has agreed. 1 NOW THEREFORE, the parties agree as follows: 1) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with A achment 2-A, Revised Special Terms and Conditions, attached hereto and made a part of the Agreement. All ref rences in the Agreement to Attachment 2, Special Terms and Conditions, shall hereinafter refer to Attachment 2fA, Revised Special Terms and Conditions. 2) Attachment 5, Special Audit Requirements, Exhibit 1 is hereby deleted in its entirety and replaced ith Exhibit 1-A, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 5, Special Audit Requirements, Exhibit 1 shall hereinafter refer to Exhibit 1-A. 3) The total amount of funding of the Agreement is increased to $1,368,750. 4) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-4, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All refere; ces in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan. 5) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - Agreement No. 19COI 1 of 2 Rev. 10/8/18 Amendment No.: 1 dpi The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Collier County By: Title Date Florida Department of Environmental Protection Bv: Secretary or Designee Date: LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AME Specify Type Letter/Number Description Attachment 2-A Revised Special Terms and Conditions (2 pages) Attachment 3-A Revised Beaches Grant Work Plan (5 pages) Attachment 5, Exhibit 1-A Special Audit Requirements (1 page) ATTEST CRYSTAL K. K NZEL, CLERK BY Approved as to form and 1cphty �Assk=antunty Atturiicy Agreement No. 19COI 2of2 Amendment No.: 1 Rev. 10/8/18 p STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 19COI ATTACHMENT 2-A These Special Terms and Conditions shall be read together with general terms outlined in the Standard Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. and 1. Scope of Work. The Project funded under this Agreement is Wiggins Pass Inlet Management Plan. The Project is define in more detail in Attachment 3-A, Revised Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2017 and a ds at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under tis Agreement as described in Attachment 3-A. b. Invoicing. Invoicing will occur as indicated in Attachment 3-A. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ® ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ® ❑ a. Fringe Benefits, for actual costs not to exceed the budget identified in Attachment 3-A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Travel. Additional compensation for travel is not authorized under this Agreement. 6. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 8. Match Requirements See Attachment 3-A, Revised Grant Work Plan. Attachment 2-A 1 of 2 Rev. 5/3/2018 9. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain it coverage of such types and with such terms and limits described below. The limits of coverage under ea maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations undi Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in ] alternatively, Grantee may provide coverage through a self-insurance program established and operating laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold s insurance at all times during the Agreement. The Department, its employees, and officers shall as an additional insured on any general liability policies. The minimum limits shall be $250,00 occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain auto liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury damage shall provide coverage on an occurrence basis. The Department, its employees, and off be named as an additional insured on any automobile insurance policy. The minimum limits sF follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if app] $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and e liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $5, policy aggregate. Such policies shall cover all employees engaged in any work under the Agre d. Other Insurance. None. 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. Retainage is permitted under this agreement. Retainage may be up to a maximum of 10% of the total Agreement. 12. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the C except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be perforr Agreement. 13. State-owned Land. Special Terms for Projects on State -Owned Land. The Board of Trustees of the Internal Improver must be listed as additional insured to general liability insurance required by the Agreement and, if non-governmental entity, indemnified by the Grantee. 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. Attachment 2-A 2of2 I policy the )rida, or nder the h liability e named for each property •s shall be as 's of the Manager Grantee under this t Trust Fund Grantee is a Rev. 5/3/2018 ,w ATTACHMENT 3-A REVISED GRANT WORK PLAN PROJECT TITLE: Wiggins Pass Inlet Management Plan PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R16 — R17 along the Gulf of Mexico in Collier Cou ty, Florida. PROJECT BACKGROUND: The initial phase of the latest Inlet Management Study was imp emented in 2013 by dredging approximately 107,000 cubic yards for maintenance dredging and initial rea ignment of the channel. In 2015, an interim maintenance dredging project excavated 13,000 cubic yards to clear the shoal across the main inlet entrance channel. Per the IMS, Wiggins Pass is currently dredge I at regular intervals of approximately four years with optional interim dredging events every two years FDEP has approved the inlet management plan, which will be implemented starting with the 2018 aintenance dredging event. Dredging of Wiggins Pass will be concurrent with the dredging of Doctors Pasas a means for cost sharing of common costs. PROJECT DESCRIPTION: The Project consists of design, construction and monitoring. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non -fed ral Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall nol exceed the sum of $1,368,750 for this Project or up to 75 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The partie agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administ ative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based ojn the travel limits established in Section 112.061, Florida Statutes (F.S.). II, Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(2)(d), F.A.C., the Local Sponsor has resolved to support and serve as to al sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the task associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this greement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards ard technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: https://floridadei2.gov/sites/defaultlfiles/PliysicalMonitori naStandards.pdf' One (1) electronic copy of all written reports developed under this Agreement shall be forw4rded to the Department, unless otherwise specified. DEP Agreement No. 19COI, Attachment 3-A, Page 1 of 5 Acronyms: DEP — Florida Department of Environmental Protection F.S. — Florida Statutes F.A.C. — Florida Administrative Code IMP — Inlet Management Plan IMS - Inlet Management Study TASKS and DELIVERABLES: For all tasks identified below, the Local Sponsor will provide detailed scopes of work or a lettei requesting advance payment if authorized by Attachment 2, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Proje t Manager to be included into this work plan for reimbursement. Task 1: Design Task Description: The Local Sponsor will acquire professional services for the engineering ar d design of the Project such as coastal engineering analyses, preparation of plans and specifications, p iysical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment s -udies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining en ironmental permits and other Project -related authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion including documentation of submittal affirming t t the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of 1 activities, surveys and reports completed or in progress during the time period of the interim payment rec uest. Performance Standard: The DEP Project Manager will review the task deliverable and anassociated work products as necessary to verify they meet the specifications in the Grant Work Plan 4d this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is r ceived and accepted and may be submitted no more frequently than quarterly. Task 2: Construction Task Description: This task includes work performed and costs incurred associated with the p acement of fill material and/or the construction of erosion control structures within the Project area. P oject costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune kabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance Aith any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional En 'neer with documentation of submittal to the Department affirming the construction task was completed in accordance DEP Agreement No. 19COI, Attachment 3-A, Page 2 of 5 with construction contract documents. For interim payment requests, a Task Summary submitted detailing activities completed during the payment request period. The Task S must include the dates and descriptions of all activities, surveys and reports completed or in the time period of the interim payment request. must be Report s during Performance Standard: The DEP Project Manager will review the task deliverable and anassociated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is accepted and may be submitted no more frequently than quarterly. Task 3: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to pr( and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflic and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical be provided directly and concurrently from the monitoring contractor to the Department/L4 permittee/engineering consultant. The Local Sponsor's engineering consultant must provide mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of or physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, tl conflicts of interest when contracting multi -disciplinary firms for Project engineering and post• environmental monitoring services, or when the Project engineering consultant firm subcontr construction environmental monitoring. Environmental monitoring includes hardbottom, s mangrove resources. Department approval of the consultant's mitigation plan will be requ execution of this Agreement. If at any time the Local Sponsor and/or its engineering const comply with this provision, the Local Sponsor agrees to reimburse the Department all funds the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit -required monitoring c accordance with the conditions specified by state or federal regulatory agencies. All monitorin; be located within or adjacent to the Project area and follow the Department's Regional Coastal Program and FWC's marine turtle and shorebird monitoring programs. Guidance for me nearshore resources is available in the Department's Standard Operation Procedures Fol Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit we directly to the appropriate state or federal regulatory agencies in accordance with permit con( eligible for reimbursement under this task, unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Sumi containing; 1) An itemized listing of all monitoring activities completed or in progress during request period and, 2) Documentation of submittal to state and federal regulatory agencies o monitoring data, surveys and final reports for permit -required work under this task description ved and am statute of interest lysis must d Sponsor i adequate addresses for post- -ass, and prior to t fails to vided by nducted in tasks must iitoring of Nearshore k products tions to be ary Report e payment completed DEP Agreement No. 19COI, Attachment 3-A, Page 3 of 5 f�- Estimated Eligible Project Cost Task # Eligible Project Tasks State Federal Cost Estimated Share project Costs DEP Local Total 1 Design 75.00% $42,000.00 $14,000.00 56,000.00 3 Monitoring Contractual Services $108,000.00 7/1/2017 6/30/2020 2 Construction 75.00% $1,218,750.00 $406,250.00 $1,625,000.00 $13.50 15.77% Project Manager $38.20 15.95% Inspector 3 Monitoring 75.00% $108,000.00 $36,000.001 $144,000.00 Senior Environmental Specialist $29.10 TOTAL PROJECT COSTS $1,368,750.00 $456,250.00 $1 25,000.00 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all received by, the corresponding task end date. 1 I Design Contractual Services $42,000.00 7/1/2017 6/30/2020 2 Construction Contractual Services $1,218,750.00 7/1/2017 6/30/2020 3 Monitoring Contractual Services $108,000.00 7/1/2017 6/30/2020 Total: $1,368,750.00 15.23% SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by exceed those indicated below. DEP Agreement No. 19COI, Attachment 3-A, Page 4 of 5 may not UMN Yoa n 4 1� Project Manager $38.20 15.95% Inspector $33.02 15.59% 1 Senior Environmental Specialist $29.10 15.23% Environmental Specialist $13.50 15.77% Project Manager $38.20 15.95% Inspector $33.02 15.59% 2 Senior Environmental Specialist $29.10 15.23% Environmental Specialist $13.50 15.77% Project Manager $38.20 15.95% 3 Inspector $33.02 15.59% Fsenior Environmental Specialist $29.10 15.23% DEP Agreement No. 19COI, Attachment 3-A, Page 4 of 5 may not w a 0 c 0 c 0 GJ .L p N p .` O N O O O N N N N N N N N N C- L LL O Oo O � O O 01 }' G O O O O O 00 t- et O ON Q\ O 00 00 N � O� M E ; E E 00 OM Ln `o ON ¢ 6 Q N Q 69 M Ln l-- V O N N O C y; O O l� kn o0 � 00 •"' oc M C N •-•+ vi M N b 'O �'' -d kn 69 69 69 6s � 69 69 Vi O � bd sem. u ° � 3 a o � o Cd .3 O i a w bA bA bA c bA bA bA bA Oq c OA c 3 a •'� c •'fir Q o louo 5 E c E c E 5 E c E E E "" ± o �3�. 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