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CAC Agenda 07/11/2019 OK July 11, 2019 Meeting Agenda and Notice COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, JULY 11, 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. May 9. 2019 VII. Staff Reports 1. Expanded Revenue Report * Presentation VIII. New Business 1.Amendments 19CO2 and 19CO3 * 19CO2 * 19CO3 2. Interim USACE Report 3. Sub-Committee Water Quality Discussion * Final Ordinance 4. Marco Island Central Beach regrade Stormwater Flooding at Condos - Discussion 5. Red Draft Algae- Marco Island- Discussion IX. Old Business X.Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location September 12, 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, May 9, 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: Dave Trecker VICE-CHAIRMAN: Joseph Burke Steve Koziar Thomas McCann Jim Burke Robert Raymond Debbie Roddy Sam Young ALSO PRESENT: Gary McAlpin, Manager, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Stephanie Molloy, City of Naples CAC July 11, 2019 VI-1 Approval of Minutes 1 of 8 May 9, 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 Ms. Roddy moved to approve the Agenda. Second by Mr. McCann . Carried unanimously 8 – 0. V. Public Comments None VI. Approval of CAC Minutes 1. April 11, 2019 Mr. McCann moved to approve the minutes of the April 11, 2019 as submitted. Second by Mr. Trecker. 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 through April 30, 2019. VIII. New Business 1. Appointment of Chairman and Vice Chairman Mr. McAlpin presented the Executive Summary “Election of Chairman and Vice-Chairman” dated May 9, 2019 for consideration. Ms. Roddy nominated Joseph Burke for Chairman of the Coastal Advisory Committee. Second by Mr. Young. Mr. Jim Burke nominated David Trecker for Chairman of the Coastal Advisory Committee. Second by Mr. Raymond. The Committee was polled and Mr. Trecker received 6 votes and Mr. Burke received 2 votes and Mr. Trecker was declared Chairman of the Committee. Mr. Trecker assumed the Chair Mr. McCann nominated Joseph Burke for Vice-Chairman of the Coastal Advisory Committee. Second by Mr. Jim Burke. Being no further nominations, Joseph Burke was declared Vice-Chairman of the Committee. CAC July 11, 2019 VI-1 Approval of Minutes 2 of 8 May 9, 2019 3 2. CAC Applications * Applications Mr. McAlpin presented the Executive Summary “Review of CAC Applicants” dated May 9, 2019 for consideration. He noted Jim Burke, David Trecker and Kelsey Brown have filed applications to fill the open positions on the Committee. Mr. McCann moved to recommend the Board of County Commissioners re-appoint Jim Burke and David Trecker to the Coastal Advisory Committee. Second by Mr. Raymond. Carried unanimously 8 – 0. 3. 2019-2020 Grant Applications * Grant Applications Mr. McAlpin presented the Executive Summary “Recommendation to approve the staff recommended Tourist Development Council Grant application requests from the City of Naples, the City of Marco Island and Collier County for FY2019-2020 in the amount of $9,710,300; budget these expenditures; approve agreement; and make a finding that these expenditures will promote tourism” dated May 9, 2019 for consideration. He outlined the following requests: Beach Renourishment Projects Park Shore Beach Engineering, NTP & Renourishment - 90067 $2,500,000 Clam Pass Beach Engineering, NTP & Renourishment - 90069 $3,000,000 Marco Island South, NTP & Renourishment - 90071 $1,450,000 USACE Feasibility Study Technical Support - 80366 $150,000 Total $7,100,000 Mr. McCann moved to recommend the Board of County Commissioners to approve the staff recommended Tourist Development Council Grant application requests from the City of Naples, the City of Marco Island and Collier County for FY2019-2020 in the amount of $7,100,000; budget these expenditures; approve agreement; and finds the item promotes tourism. Second by Mr. Raymond. Carried unanimously 8 – 0. Inlet Projects Wiggins Pass Monitoring/Dredging – $150,000 Doctors Pass Monitoring/Dredging – 90549 - $25,000 Clam Pass Dredging (Pelican Bay) – 88032 - $289,000 Total $464,000 Mr. McCann moved to recommend the Board of County Commissioners approve a Tourist Development Grant application for Inlet Projects in the amount of $464,000 and finds the expenditures promote tourism. Second by Mr. Raymond. Carried unanimously 8 – 0. Regulatory Beach Tilling – Collier County - $30,000 Biological Monitoring Nearshore Hardbottom – 90033 - $185,000 Shorebird Monitoring - 90297 – $25,000 Physical Beach and Pass Monitoring – (Vanderbilt, Clam Pass Beach, Park Shore, Naples and Marco South Beaches along with Wiggins, Doctors, Collier Creek and Caxambas Pass) - $170,000 CAC July 11, 2019 VI-1 Approval of Minutes 3 of 8 May 9, 2019 4 Sea Turtle Protection Program – 9999 - $170,000 Total $410,000 Mr. Koziar moved to recommend the Board of County Commissioners approve a Tourist Development Grant application for Regulatory in the amount of $410,000.00 and finds the expenditure promotes tourism. Second by Mr. McCann. Carried unanimously 8 – 0. Beach Maintenance Beach Maintenance – City of Naples – 90527 - $191,000 Beach Maintenance – Collier County/Marco Island – 90533 - $200,000 Vegetation Repairs/Exotic Removal – County Wide – 90044 - $25,000 Total $416,000 Mr. Raymond moved to recommend the Board of County Commissioners approve a Tourist Development Grant application for Beach Maintenance in the amount of $416,000.00 and finds the expenditure promotes tourism. Second by Mr. McCann. Carried unanimously 8 – 0. Structures Naples Pier Rebuild - $135,000 Mr. Raymond moved to recommend the Board of County Commissioners approve a Tourist Development Grant application for Structures in the amount of $135,000 and finds the expenditures promote tourism. Second by Mr. McCann. Carried unanimously 8 – 0. Administration 195 Administration Costs – 90020 - $75,000 185 Project Management and Administration – 99195 - $882,400 Tax Collector Fee’s (2.5%) – 99195 - $227,500 Total $1,184,900 Mr. Raymond moved to recommend the Board of County Commissioners approve a Tourist Development Grant application for Administration in the amount of $1,184,900.00 and finds the expenditure promotes tourism. Second by Mr. Koziar. Carried unanimously 8 – 0. City of Naples Grant Application Mr. McCann moved to recommend the Board of County Commissioners approve the City of Naples Grant application(s). Second by Mr. Raymond. Carried unanimously 8 – 0. 4. 10-Year Plan * Backup Documents Mr. McAlpin presented the Executive Summary “Recommendation to approve the 10-Year Capital Planning document for Fund 195-Beach Renourishment and Pass Maintenance and Fund 185 Program Management and Administration and make a finding that these expenditures promote tourism” dated May 9, 2019 for consideration. He provided an overview of the document which is utilized for planning purposes. Mr. McCann moved to recommend the Board of County Commissioners approve the 10-Year Capital Planning document for Fund 195-Beach Renourishment and Pass Maintenance and CAC July 11, 2019 VI-1 Approval of Minutes 4 of 8 May 9, 2019 5 Fund 185 Program Management and Administration” and finds the item promotes tourism. Second by Mr. Young. Carried unanimously 8 – 0. 5. Water Turkey Bay Proposal * Proposal Mr. McAlpin presented the Executive Summary “Situational awareness of a proposal from Humiston & Moore Engineers for Water Turkey Bay Channel Dredging under Contract No. 15- 6382” dated May 9, 2019 for information purposes. He noted: • The dredging is intended to improve navigation in the area for access into Vanderbilt Lagoon from Wiggins Pass. • The project will be completed before November 1, 2019 followed by the work at Wiggins and Caxambas Pass. • The projects timing are coordinated to reduce the costs of mobilization and other standard items associated with the work. • The costs of the dredging ($115,000 +/-) will be paid out of the General Fund as a loan to the MSTU with payback terms over 5-years. 6. South Marco Beach Proposal * Proposal Mr. McAlpin presented the Executive Summary “Recommendation to approve a proposal from Humiston & Moore Engineers for South Marco Beach Re-Nourishment Project under Contract No. 13-6164 authorize the Chairman to execute the work order for a not to exceed amount of $118,642 and make a finding that this expenditure promotes tourism” dated May 9, 2019 for consideration. He noted the work is for engineering, permitting and construction services including inspections and certifications. Ms. Roddy moved to recommend the Board of County Commissioners approve a proposal from Humiston & Moore Engineers for South Marco Beach Re-Nourishment Project under Contract No. 13-6164 authorize the Chairman to execute the work order for a not to exceed amount of $118,642 and make a finding that this expenditure promotes tourism and finds the item promotes tourism. Second by Mr. McCann. Carried unanimously 8 – 0. 7. Wiggins Pass Touch-up Dredge * Proposal Mr. McAlpin presented the Executive Summary “Recommendation to approve a proposal from Humiston & Moore Engineers to provide Professional Engineering Services for Wiggins Pass Interim Dredging under Contract No. 15-6382, approve necessary Budget Amendment, authorize the Chairman to execute the work order for a not to exceed amount of $46,978, and make a finding that this expenditure promotes tourism” dated May 9, 2019 for consideration. He noted the work is for engineering, permitting and construction services including inspections and certifications. Mr. Raymond moved to recommend the Board of County Commissioners approve a proposal from Humiston & Moore Engineers to provide Professional Engineering Services for Wiggins Pass Interim Dredging under Contract No. 15-6382, approve necessary Budget Amendment, authorize the Chairman to execute the work order for a not to exceed amount of $46,978 and finds the item promotes tourism. Second by Mr. Koziar. Carried unanimously 8 – 0. CAC July 11, 2019 VI-1 Approval of Minutes 5 of 8 May 9, 2019 6 8. Clam Park/North Park Shore & Park Shore Beach * Proposal Mr. McAlpin presented the Executive Summary “Recommendation to approve a work order with APTIM Environmental & Infrastructure, Inc. to provide professional engineering services for Clam Pass, North Park Shore and Park Shore Beach Renourishment under Contract No.15-6382 for time and material not to exceed $98,717.10, authorize the Chairman to execute the work order, and make a finding that this item promotes tourism” dated May 9, 2019 for consideration. He noted: • The work is for engineering, permitting and construction services including inspections and certifications. • The truck haul project is anticipated to be initiated in November of 2019. • The permit is in place but new plans and specifications are required for the renourishment which will not affect the timing of other beach projects slated for FY2019. Mr. McCann moved to recommend the Board of County Commissioners approve a work order with APTIM Environmental & Infrastructure, Inc. to provide professional engineering services for Clam Pass, North Park Shore and Park Shore Beach Renourishment under Contract No.15- 6382 for time and material not to exceed $98,717.10, authorize the Chairman to execute the work order, and finds the item promotes tourism. Second by Mr. Raymond. Carried unanimously 8 – 0. 9. Local Government Funding Request * Proposal Mr. McAlpin presented the Executive Summary “Recommendation to approve a work order with APTIM Environmental & Infrastructure, Inc. to provide professional engineering services for 2020- 2021 Local Government Funding Request under Contract No.15-6382 for time and material not to exceed $19,896, authorize the Chairman to execute the work order, and make a finding that this item promotes tourism” dated May 9, 2019 for consideration. The contract is to aid the County in preparing the documentation necessary to apply for potential reimbursement of funds under the FDEP’s program with approximately $95M available statewide. Mr. McCann moved to recommend the Board of County Commissioners approve a work order with APTIM Environmental & Infrastructure, Inc. to provide professional engineering services for 2020-2021 Local Government Funding Request under Contract No.15-6382 for time and material not to exceed $19,896, authorize the Chairman to execute the work order, and finds the item promotes tourism. Second by Mr. Raymond. Carried unanimously 8 – 0. 10. Collier Creek Design Proposal * Proposal Mr. McAlpin presented the Executive Summary “Recommendation to approve and authorize the Chairman to execute Change Order No. 1 to Contract No. 17-7097 with APTIM Environmental & Infrastructure, LLC for additional time and professional services as required for the Collier Creek Modeling Study, and make a finding that this item promotes tourism” dated May 9, 2019 for consideration. He noted the FDEP is requiring additional modeling be completed to determine if a permeable groin structure may be utilized for the project. Although modeling was completed and a potential solution developed involving relocating the channel and installation of a groin, the agency wants to ensure there is no net sediment loss on the State lands on the west side of the Creek. The CAC July 11, 2019 VI-1 Approval of Minutes 6 of 8 May 9, 2019 7 proposal is to extend the time allotted under the contract by 1-year to ensure it covers the construction time anticipated for the project. Ms. Roddy moved to recommend the Board of County Commissioners approve and authorize the Chairman to execute Change Order No. 1 to Contract No. 17-7097 with APTIM Environmental & Infrastructure, LLC for additional time and professional services as required for the Collier Creek Modeling Study and finds the item promotes tourism. Second by Mr. Raymond. Carried unanimously 8 – 0. 11. Biological Monitoring FY 2019 * Proposal Mr. McAlpin presented the Executive Summary “Recommendation to authorize the Chairman to approve the proposal by CSA Ocean Sciences, Inc. to continue the required post-construction hardbottom monitoring for the Collier County Beach Nourishment Project in summer 2019 and authorize the Chairman to execute a Work Order with CSA Ocean Sciences, Inc. for Time and Material not to exceed $94,578.90 under the already approved and executed Contract No. 17-7188 and make a finding that this item promotes tourism” dated May 9, 2019 for consideration. He noted the work involves surveying the nearshore hardbottom to ensure there are no negative impacts from the County’s beach renourishment projects and is required under the permits issued by the State. Mr. Jim Burke moved to recommend the Board of County Commissioners authorize the Chairman to approve the proposal by CSA Ocean Sciences, Inc. to continue the required post- construction hardbottom monitoring for the Collier County Beach Nourishment Project in summer 2019 and authorize the Chairman to execute a Work Order with CSA Ocean Sciences, Inc. for Time and Material not to exceed $94,578.90 under the already approved and executed Contract No. 17-7188 and finds the item promotes tourism. Second by Mr. McCann. Carried unanimously 8 – 0. 12. Expedited Handling- 2019 Beach Renourishment * Backup Material Mr. McAlpin presented the Executive Summary “Recommendation to approve funding for a truck haul beach renourishment project for the Clam Pass, North Park Shore and Park Shore Beach segments anticipated to begin in the Fall 2019 (approximately November 1, 2019) for a not to exceed project expenditure of $5,500,000 (excluding Professional Engineering services) and make a finding that this item promotes tourism” dated May 9, 2019 for consideration. He noted: • The work involves the major beach renourishment project scheduled for Fiscal Year 2019. • The project will be initiated immediately after turtle nesting season (November of 2019) with 120,000 – 130,000 cubic yards of sand anticipated to be placed in the area. • The project will be completed via a truck haul and the proposed funding includes all aspects of the project. • The renourishment is anticipated to stabilize the area until 2024 when the US Army Corps of Engineers Plan is implemented for the County. • The work falls within the proposals outlined in the 10-year capital plan approved under item VIII.4 today. Mr. McCann moved to recommend the Board of County Commissioners approve funding for a truck haul beach renourishment project for the Clam Pass, North Park Shore and Park Shore Beach segments anticipated to begin in the Fall 2019 (approximately November 1, 2019) for a not to exceed CAC July 11, 2019 VI-1 Approval of Minutes 7 of 8 COLLIER COUNTY TOURIST DEVELOPMENT TAX REVENUE Description Fund Adopted Budget Current Annual Forecast YTD Forecast YTD Actual Var to YTD Forecast Beach Facilities 183 1,000,000 1,060,000 907,386 937,373 29,987 TDC Promotion 184 9,520,000 10,211,201 8,024,205 8,798,629 774,424 Non-County Museums 193 532,200 564,132 482,911 498,845 15,934 TDC Admin 194 - - - - - Beach Renourishment 195 10,884,900 11,537,994 9,876,809 10,203,198 326,389 Disaster Recovery 196 - - - - - County Museums 198 2,000,000 2,000,000 1,837,200 2,000,000 162,800 TDC Capital 758 3,989,500 4,228,870 3,620,017 3,739,697 119,680 Gross Budget 27,926,600 29,602,197 24,748,529 26,177,742 1,429,213 Less 5% Rev Res (1,396,300)0.2%5.77% Net Budget 26,530,300 -0.5% Collections Month Reported Actual Cum YTD % Budget Collected to Date % over FY 18 Collections % over FY 17 Collections % over FY 16 Collections Oct 978,311 978,311 3.50% 15.25% 20.20% 23.11% Nov 1,196,379 2,174,691 7.79% -3.32% 12.89% 19.19% Dec 1,863,478 4,038,168 14.46% 13.68% 44.53% 41.11% Jan 2,965,748 7,003,917 25.08% 12.82% 49.04% 45.35% Feb 4,003,539 11,007,456 39.42% 6.29% 39.49% 25.72% Mar 4,441,519 15,448,975 55.32% 13.03% 34.74% 33.66% Apr 6,035,820 21,484,795 76.93% 5.94% 46.16% 40.52% May 2,862,272 24,347,067 87.18% 3.84% 29.99% 53.12% June 1,830,675 26,177,742 93.74% 8.69% 42.56% 57.22% July 26,177,742 93.74% n/a n/a n/a Aug 26,177,742 93.74% n/a n/a n/a Sept 26,177,742 93.74% n/a n/a n/a Total 26,177,742 26,177,742 YTD 8.22%38.25%37.81% Forecast 27,926,600 97.0%27,926,600 High Forecast Budget Comparison Month Reported 5 Yr History-Cum 5 Yr History- Monthly Budgeted Collections Actual Collections Budget to Actual Variance Forecast Oct 3.49% 3.49% 973,499 978,311 4,812 1,031,909 Nov 8.08% 4.59% 1,283,219 1,196,379 (86,839)1,360,212 Dec 13.96% 5.88% 1,641,478 1,863,478 221,999 1,739,967 Jan 22.25% 8.29% 2,316,248 2,965,748 649,500 2,455,223 Feb 35.38% 13.13% 3,665,409 4,003,539 338,130 3,885,333 Mar 50.47% 15.09% 4,215,103 4,441,519 226,416 4,468,009 Apr 69.87% 19.40% 5,418,380 6,035,820 617,440 5,743,483 May 79.50% 9.63% 2,689,044 2,862,272 173,228 2,850,386 June 85.60% 6.10% 1,703,481 1,830,675 127,194 1,805,690 July 90.44% 4.84% 1,351,739 0 1,432,844 Aug 95.59% 5.15% 1,438,279 0 1,524,575 Sept 100.00% 4.41% 1,230,721 0 1,304,566 Total 100.00% 100.0%27,926,600 26,177,742 2,271,881 29,602,197 99.30% 71363880014.36% FY 19 TDC Revenue Report 30-Jun-2019 $0.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 OctNovDecJanFebMarAprMayJuneJulyAugSeptMillionsTourist  Development Tax Collection Curve  Budgeted Collections Actual Collections 7/9/20191:58 PM H:\Revenue Report\TDC 2 Receipts FY19 and Forward FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $86,479 $255,807 $446,229 $534,560 $867,498 $1,119,215 $1,277,646 $777,494 $465,272 $357,870 $335,272 $262,452 $6,785,794 2006/2007 $245,217 $358,486 $492,296 $564,991 $952,204 $1,215,359 $1,354,022 $765,087 $465,420 $368,234 $336,767 $289,157 $7,407,240 2007/2008 $233,050 $342,484 $467,648 $602,044 $937,713 $1,172,727 $1,363,500 $726,065 $479,408 $332,957 $334,056 $280,120 $7,271,772 2008/2009 $190,563 $291,340 $395,097 $538,743 $749,012 $973,781 $1,060,618 $566,718 $358,045 $258,429 $289,170 $234,304 $5,905,820 2009/2010 $213,228 $235,663 $367,743 $514,622 $827,789 $1,013,235 $1,256,966 $636,092 $393,674 $282,867 $289,743 $235,133 $6,266,755 2010/2011 $217,861 $304,930 $359,617 $506,087 $813,768 $1,058,980 $1,357,406 $639,303 $422,707 $332,170 $323,179 $259,566 $6,595,574 2011/2012 $253,531 $342,743 $457,827 $643,501 $1,038,706 $1,239,892 $1,493,363 $694,955 $460,970 $337,636 $359,119 $278,418 $7,600,661 2012/2013 $272,701 $364,816 $492,571 $676,727 $1,172,851 $1,235,834 $1,738,679 $700,538 $498,074 $380,635 $346,039 $246,552 $8,126,017 2013/2014 $233,615 $413,939 $531,597 $748,942 $1,453,692 $1,542,772 $1,924,318 $881,271 $573,867 $451,258 $453,660 $407,724 $9,616,655 2014/2015 $305,368 $454,320 $592,116 $980,270 $1,638,465 $1,639,476 $2,196,507 $945,734 $606,906 $500,147 $500,735 $402,427 $10,762,471 2015/2016 $399,405 $483,228 $694,778 $1,053,597 $1,752,460 $1,731,161 $2,179,226 $912,053 $553,879 $451,873 $516,482 $366,398 $11,094,540 2016/2017 $410,746 $530,273 $644,528 $1,026,477 $1,624,157 $1,711,826 $2,082,685 $1,011,281 $600,619 $500,350 $520,749 $345,920 $11,009,611 2017/2018 $353,810 $553,253 $776,408 $1,320,258 $2,142,580 $2,158,277 $2,915,255 $1,361,395 $798,774 $613,766.40 $467,073.87 $349,946.06 $13,810,796.33 2018/2019 $384,972.24 $479,054.02 $831,925.24 $1,509,831.59 $2,018,027.96 $2,173,372.24 $2,955,201.70 $1,279,586.84 $440,295.90 $12,072,267.73 TOTAL:$3,800,546 $5,410,336 $7,550,380 $11,220,651 $17,988,923 $19,985,907 $25,155,393 $11,897,573 $7,117,911 $5,168,192 $5,072,044.87 $3,958,117.06 $124,325,974.06 COLLIER COUNTY TOURIST TAX COLLIER COUNTY FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $2,246 $3,922 $4,783 $6,921 $9,386 $15,217 $14,334 $13,423 $7,670 $3,754 $4,162 $3,331 $89,149 2006/2007 $4,678 $5,602 $5,705 $9,961 $12,884 $14,766 $16,860 $14,152 $8,653 $3,929 $4,101 $3,677 $104,968 2007/2008 $4,018 $5,424 $6,879 $9,724 $11,917 $16,032 $15,800 $11,327 $11,881 $4,136 $4,136 $3,481 $104,755 2008/2009 $3,443 $4,975 $7,186 $8,987 $11,486 $15,137 $15,206 $10,315 $5,932 $3,302 $3,729 $3,447 $93,145 2009/2010 $3,783 $4,473 $5,706 $8,704 $12,423 $15,656 $18,852 $10,467 $6,149 $3,705 $4,019 $3,055 $96,992 2010/2011 $3,270 $5,011 $6,326 $7,626 $10,020 $13,210 $17,210 $10,847 $6,870 $4,054 $5,237 $5,113 $94,794 2011/2012 $4,057 $5,607 $7,144 $9,161 $12,338 $17,648 $18,666 $9,921 $6,879 $4,220 $4,310 $2,760 $102,711 2012/2013 $6,921 $5,847 $8,340 $9,878 $14,311 $15,331 $19,962 $12,663 $7,850 $4,351 $5,896 $4,942 $116,292 2013/2014 $4,747 $5,151 $6,995 $12,217 $14,712 $21,076 $21,820 $15,074 $6,163 $7,558 $5,348 $5,580 $126,441 2014/2015 $5,491 $7,028 $9,630 $11,248 $13,741 $18,367 $34,109 $9,684 $11,501 $6,010 $6,910 $5,338 $139,057 2015/2016 $5,320 $7,818 $9,653 $12,146 $23,046 $19,371 $21,441 $10,272 $10,614 $5,503 $7,020 $4,774 $136,978 2016/2017 $5,792 $6,847 $7,355 $10,099 $16,229 $13,627 $19,695 $10,532 $6,629 $3,908 $4,981 $4,075 $109,769 2017/2018 $1,948 $2,457 $2,554 $8,301 $11,749 $16,583 $20,386 $21,269 $7,670 $6,437.50 $6,944.69 $5,473.24 $111,772.43 2018/2019 $4,905.47 $8,633.03 $8,592.36 $10,752.94 $15,000.06 $18,176.11 $40,226.80 $15,872.75 $8,862.93 $131,022.45 TOTAL:$60,619 $78,795 $96,848 $135,726 $189,242 $230,197 $294,568 $175,819 $113,324 $60,868 $66,793.69 $55,046.24 $1,557,845.88 COLLIER COUNTY TOURIST TAX EVERGLADES CITY FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $842 $1,151 $1,306 $1,450 $1,683 $1,837 $2,050 $1,786 $1,900 $1,774 $1,602 $1,372 $18,753 2006/2007 $1,306 $1,258 $1,837 $1,447 $2,307 $1,932 $1,982 $1,691 $1,466 $504 $786 $1,159 $17,675 2007/2008 $731 $746 $776 $966 $749 $828 $2,806 $1,501 $887 $650 $488 $530 $11,658 2008/2009 $410 $553 $686 $687 $808 $1,137 $952 $944 $618 $723 $671 $468 $8,657 2009/2010 $676 $624 $558 $754 $633 $912 $580 $596 $541 $965 $670 $663 $8,172 2010/2011 $625 $470 $639 $649 $649 $768 $928 $937 $440 $990 $517 $667 $8,279 2011/2012 $528 $489 $863 $1,067 $681 $740 $983 $879 $807 $709 $635 $614 $8,995 2012/2013 $457 $749 $804 $654 $882 $843 $1,056 $1,206 $1,017 $664 $496 $719 $9,547 2013/2014 $603 $722 $960 $903 $1,060 $1,039 $2,284 $1,501 $1,121 $718 $982 $794 $12,687 2014/2015 $564 $706 $1,117 $1,441 $1,245 $703 $2,809 $1,687 $1,180 $915 $963 $754 $14,084 2015/2016 $438 $944 $1,187 $688 $739 $2,657 $2,811 $1,957 $772 $2,875 $2,198 $2,599 $19,865 2016/2017 $2,278 $2,663 $3,405 $3,108 $2,639 $2,741 $5,517 $3,208 $2,988 $1,998 $1,419 $2,315 $34,279 2017/2018 $3,859 $5,316 $4,854 $4,489 $4,394 $6,396 $6,540 $5,361 $3,731 $3,665.35 $2,989.98 $2,369.76 $53,965.09 2018/2019 $3,416.03 $3,977.65 $3,463.32 $3,207.44 $3,237.87 $4,981.97 $5,623.67 $5,118.83 $3,934.85 $36,961.63 TOTAL:$16,733 $703 $22,455 $21,510 $21,707 $27,515 $36,922 $28,373 $21,403 $17,150 $14,416.98 $15,023.76 $263,577.72 COLLIER COUNTY TOURIST TAX IMMOKALEE FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $71,763 $112,414 $147,512 $199,030 $344,074 $525,468 $576,530 $374,000 $261,791 $218,203 $208,955 $150,041 $3,189,781 2006/2007 $73,397 $88,576 $141,951 $189,026 $335,898 $517,149 $595,449 $379,673 $225,816 $216,858 $194,291 $183,007 $3,141,091 2007/2008 $165,745 $166,397 $93,819 $321,400 $408,079 $503,575 $666,564 $507,602 $140,088 $322,017 $245,721 $151,743 $3,692,750 2008/2009 $99,516 $168,129 $185,986 $280,663 $372,230 $457,015 $473,292 $324,558 $204,748 $183,654 $186,855 $210,702 $3,147,348 2009/2010 $124,837 $158,522 $168,816 $229,316 $364,347 $466,758 $550,969 $361,520 $197,005 $167,786 $223,954 $215,814 $3,229,644 2010/2011 $149,854 $169,786 $175,540 $198,803 $307,625 $416,029 $571,019 $363,648 $210,320 $192,412 $210,599 $230,248 $3,195,883 20/11/2012 $142,329 $171,194 $201,691 $244,744 $391,683 $485,677 $628,522 $372,070 $226,574 $231,338 $221,306 $186,893 $3,504,021 2012/2013 $192,829 $165,543 $196,934 $244,332 $440,902 $525,686 $766,954 $388,107 $279,529 $256,653 $264,888 $209,436 $3,931,793 2013/2014 $159,125 $229,028 $247,875 $361,032 $490,359 $597,726 $909,200 $554,875 $338,299 $299,001 $317,687 $306,767 $4,810,974 2014/2015 $185,854 $237,856 $303,549 $482,595 $642,029 $705,000 $1,044,150 $610,274 $183,261 $200,044 $187,198 $217,355 $4,999,165 2015/2016 $157,467 $202,726 $248,085 $492,348 $620,091 $739,787 $1,116,549 $477,415 $277,849 $232,651 $273,434 $192,753 $5,031,155 2016/2017 $175,389 $201,952 $253,642 $456,211 $532,011 $730,625 $1,048,066 $653,777 $353,054 $318,033 $341,272 $237,620 $5,301,652 2017/2018 $202,863 $248,234 $333,501 $553,573 $650,992 $807,319 $1,366,232 $684,671 $462,681.00 $478,663.21 $486,778.24 $364,429.67 $6,639,937.12 2018/2019 $343,209.42 $419,532.02 $527,699.77 $772,525.62 $902,859.09 $1,098,126.82 $1,635,986.08 $907,210.46 $604,749.18 $7,211,898.46 TOTAL:$2,244,177 $2,739,889 $3,226,601 $5,025,599 $6,803,179 $8,575,941 $11,949,482 $6,959,400 $3,965,764 $3,317,313.21 $3,362,938.24 $2,856,808.67 $61,027,092.58 COLLIER COUNTY TOURIST TAX MARCO ISLAND FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $76,843 $149,990 $236,963 $316,250 $512,938 $580,227 $570,569 $334,191 $217,611 $152,642 $175,256 $127,802 $3,451,282 2006/2007 $111,854 $151,746 $217,262 $291,277 $532,706 $589,595 $640,395 $340,926 $205,947 $156,476 $174,238 $145,286 $3,557,708 2007/2008 $122,094 $174,235 $231,470 $306,731 $564,747 $617,010 $664,907 $330,698 $233,938 $145,532 $172,641 $150,743 $3,714,746 2008/2009 $105,937 $154,246 $209,703 $298,657 $500,986 $528,321 $471,924 $327,310 $179,344 $133,913 $159,039 $120,786 $3,190,166 2009/2010 $102,425 $147,706 $202,271 $304,284 $473,406 $536,310 $578,659 $314,492 $192,256 $129,009 $150,982 $123,268 $3,255,068 2010/2011 $107,247 $144,923 $207,947 $296,553 $469,260 $537,127 $620,402 $342,016 $210,346 $150,143 $191,212 $144,535 $3,421,711 2011/2012 $124,889 $171,672 $257,204 $310,088 $463,661 $581,690 $646,118 $359,807 $239,314 $156,429 $192,882 $178,108 $3,681,862 2012/2013 $154,953 $197,464 $260,572 $344,886 $428,547 $618,948 $776,408 $361,084 $254,717 $189,506 $220,981 $191,856 $3,999,922 2013/2014 $176,811 $227,247 $269,078 $397,145 $591,687 $620,019 $863,967 $443,087 $296,589 $180,835 $212,986 $290,959 $4,570,410 2014/2015 $187,534 $265,869 $327,796 $474,209 $696,710 $742,256 $1,001,853 $482,405 $312,637 $252,342 $279,809 $250,168 $5,273,588 2015/2016 $232,052 $309,006 $366,933 $481,596 $788,052 $830,360 $975,436 $467,674 $321,374 $236,928 $297,223 $249,625 $5,556,259 2016/2017 $219,686 $318,030 $380,414 $493,973 $695,089 $837,554 $973,780 $523,046 $320,879 $243,442 $305,112 $195,261 $5,506,266 2017/2018 $286,412 $428,215 $522,487 $741,729 $957,038 $937,909.00 $1,388,898.00 $683,801.00 $411,391.00 $321,124.11 $379,554.83 $278,769.93 $7,337,328.87 2018/2019 $241,808.24 $285,182.76 $27,699.77 $669,430.77 $1,064,413.82 $1,146,862.31 $1,398,781.67 $654,507.94 $440,295.90 $241,808.24 TOTAL:$2,250,545 $3,125,532 $3,717,800 $5,726,809 $8,739,241 $9,704,188 $11,572,098 $5,965,045 $3,836,639 $2,448,321.11 $2,911,915.83 $2,447,166.93 $56,758,125.11 COLLIER COUNTY TOURIST TAX NAPLES FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $238,173 $523,284 $836,793 $1,058,211 $1,735,579 $2,241,964 $2,441,129 $1,500,894 $954,244 $734,243 $725,247 $544,998 $13,534,759 2006/2007 $436,452 $605,668 $859,051 $1,056,702 $1,835,999 $2,338,801 $2,608,708 $1,501,529 $907,302 $746,001 $710,183 $622,286 $14,228,682 2007/2008 $525,638 $689,286 $800,592 $1,240,865 $1,923,205 $2,310,172 $2,713,577 $1,577,193 $866,202 $805,292 $757,042 $586,617 $14,795,681 2008/2009 $399,869 $619,243 $798,658 $1,127,737 $1,634,522 $1,975,391 $2,021,992 $1,229,845 $748,687 $580,021 $639,464 $569,707 $12,345,136 2009/2010 $444,949 $546,988 $745,094 $1,057,680 $1,678,598 $2,032,871 $2,406,026 $1,323,167 $789,625 $584,332 $669,368 $577,933 $12,856,631 2010/2011 $478,857 $625,120 $750,069 $1,009,718 $1,601,322 $2,026,114 $2,566,965 $1,356,751 $850,683 $679,769 $730,744 $640,129 $13,316,241 2011/2012 $525,334 $691,705 $924,729 $1,208,561 $1,907,069 $2,325,647 $2,787,652 $1,437,632 $934,544 $730,332 $778,252 $646,793 $14,898,250 2012/2013 $627,861 $734,419 $959,221 $1,276,477 $2,057,493 $2,396,642 $3,303,059 $1,463,598 $1,041,187 $831,809 $838,300 $653,505 $16,183,571.00 2013/2014 $574,901 $876,087 $1,056,505 $1,520,239 $2,551,510 $2,782,632 $3,721,589 $1,895,808 $1,216,039 $939,370 $990,663 $1,011,824 $19,137,167.00 2014/2015 $684,811 $965,779 $1,234,208 $1,949,763 $2,992,190 $3,105,802 $4,279,428 $2,049,784 $1,115,485 $959,458 $975,615 $876,042 $21,188,365.00 2015/2016 $794,682 $1,003,722 $1,320,636 $2,040,375 $3,184,388 $3,323,336 $4,295,463 $1,869,371 $1,164,488 $929,830 $1,096,357 $816,149 $21,838,797.00 2016/2017 $813,891 $1,059,765 $1,289,344 $1,989,868 $2,870,125 $3,296,373 $4,129,743 $2,201,844 $1,284,169 $1,067,731 $1,173,533 $785,191 $21,961,577.00 2017/2018 $848,892 $1,237,475 $1,639,804 $2,628,350 $3,766,753 $3,926,484 $5,697,311 $2,756,497 $1,684,247 $1,423,545.57 $1,343,341.11 $1,000,988.84 $27,953,688.52 2018/2019 $978,311.40 $1,196,379.48 $1,863,477.54 $2,965,748.36 $4,003,538.80 $6,035,819.92 $2,882,296.82 $1,830,675.13 $21,756,247.45 TOTAL:$8,372,621 $11,374,920 $15,078,182 $22,130,294 $33,742,292 $40,118,049 $45,854,939 $23,994,588 $13,556,902 $11,011,734 $11,428,109.11 $9,332,162.84 $245,994,792.97 COLLIER COUNTY TOURIST TAX TOTALS NAPLES, MARCO ISLAND, IMMOKALEE, EVERGLADES CITY, COLLIER COUNTY FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $18,115 $9,286 $24,892 $46,267 $62,578 $172,726 $290,466 $55,985 $24,142 $17,905 $14,052 $10,670 $747,084 2006/2007 $17,081 $12,475 $21,751 $61,089 $79,540 $188,992 $323,240 $57,775 $23,138 $20,648 $14,595 $19,893 $840,217 2007/2008 $26,279 $14,948 $26,623 $60,871 $114,344 $203,054 $362,939 $60,403 $34,262 $19,440 $17,944 $15,076 $956,183 2008/2009 $18,344 $13,399 $23,789 $52,809 $91,805 $192,617 $347,817 $58,346 $23,642 $19,728 $12,954 $10,983 $866,233 2009/2010 $19,477 $14,463 $32,182 $63,689 $67,669 $240,487 $412,028 $65,444 $26,234 $23,042 $50,203 $55,623 $1,070,541 2010/2011 $84,551 $18,112 $30,208 $63,785 $91,669 $231,388 $462,079 $56,684 $32,886 $37,981 $18,278 $15,431 $1,143,052 2011/2012 $39,952 $21,515 $35,761 $82,154 $118,188 $264,235 $531,116 $59,412 $47,525 $37,085 $14,978 $13,141 $1,265,062 2012/2013 $37,104 $19,268 $34,216 $94,314 $124,921 $219,346 $582,861 $90,012 $45,445 $40,211 $15,982 $16,249 $1,319,929 2013/2014 $38,983 $23,686 $46,013 $113,055 $152,407 $278,202 $669,832 $111,727 $47,175 $55,723 $31,761 $29,195 $1,597,759 2014/2015 $51,794 $33,782 $60,359 $151,936 $146,758 $354,350 $790,643 $116,876 $70,976 $76,779 $33,550 $26,069 $1,913,872 2015/2016 $60,967 $36,867 $68,114 $157,270 $162,164 $444,282 $887,877 $124,587 $75,496 $73,065 $40,103 $35,487 $2,166,279 2016/2017 $57,428 $29,696 $53,673 $170,875 $181,452 $480,269 $798,816 $116,418 $64,600 $73,171 $32,066 $17,110 $2,075,574 2017/2018 $61,496 $39,684 $62,488 $229,125 $166,958 $364,363 $1,047,501 $280,430 $105,406 $113,790 $41,884 $36,953 $2,550,078 2018/2019 $83,515.92 $1,774.30 $103,548.02 $352,731.76 $229,218.90 $490,764.02 $1,129,514.83 $151,663.40 $84,090.90 $2,626,822 TOTAL:$615,087 $288,955 $623,617 $1,699,971 $1,789,672 $4,125,075 $8,636,730 $1,405,762 $705,018 $608,568 $338,350 $301,880 $21,138,685 COLLIER COUNTY TOURIST TAX CONDOMINIUM FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $284,057 $467,480 $720,774 $761,245 $1,112,751 $1,512,646 $1,716,480 $1,253,822 $855,707 $647,441 $626,697 $488,099 $10,447,199 2006/2007 $371,144 $531,060 $735,510 $744,056 $1,163,479 $1,582,476 $1,772,635 $1,282,854 $829,704 $641,921 $614,936 $533,317 $10,803,092 2007/2008 $450,926 $600,629 $663,134 $899,608 $1,210,928 $1,557,503 $1,811,406 $1,370,272 $738,197 $715,412 $647,247 $503,218 $11,168,480 2008/2009 $326,143 $547,238 $683,525 $804,914 $926,626 $1,244,914 $1,240,850 $1,012,168 $653,733 $484,556 $539,652 $482,466 $8,946,785 2009/2010 $367,978 $469,435 $611,459 $712,102 $1,010,110 $1,243,041 $1,434,996 $1,081,251 $698,121 $477,576 $532,222 $454,761 $9,093,052 2010/2011 $333,456 $555,623 $619,659 $684,174 $953,504 $1,315,029 $1,587,010 $1,132,637 $737,285 $567,319 $611,275 $569,446 $9,666,417 2011/2012 $410,547 $599,695 $765,114 $796,797 $1,113,647 $1,478,881 $1,662,425 $1,202,831 $787,911 $585,887 $662,575 $552,740 $10,619,050 2012/2013 $495,304 $623,240 $817,839 $841,115 $1,297,086 $1,528,434 $2,029,146 $1,189,336 $899,504 $657,869 $713,107 $550,807 $11,642,787 2013/2014 $421,418 $763,375 $861,981 $987,059 $1,521,759 $1,892,765 $2,217,126 $1,509,105 $1,053,566 $739,111 $836,888 $829,790 $13,633,943 2014/2015 $489,410 $800,822 $978,573 $1,246,839 $1,628,493 $2,041,235 $2,567,419 $1,640,157 $904,647 $714,526 $791,187 $719,164 $14,522,472 2015/2016 $587,337 $828,572 $1,055,353 $1,284,152 $1,686,637 $2,079,266 $2,455,547 $1,467,836 $974,845 $692,049 $885,940 $672,676 $14,670,210 2016/2017 $626,746 $877,729 $1,017,788 $1,287,233 $1,563,872 $2,039,072 $2,372,645 $1,759,078 $1,094,422 $813,074 $977,476 $673,803 $15,102,938 2017/2018 $613,533 $1,022,812 $1,308,642 $1,685,174 $2,115,325 $2,571,812 $3,327,182 $2,065,121 $1,369,241 $1,028,140 $1,055,983 $799,929 $18,962,894 2018/2019 $724,286.94 $962,307.83 $1,460,291.29 $1,852,775.41 $2,236,571.69 $2,909,402.55 $3,417,528.21 $2,317,457.12 $1,568,725.41 $17,449,346 TOTAL:$6,502,286 $9,650,018 $12,299,642 $14,587,243 $19,540,789 $24,996,477 $29,612,395 $20,283,925 $13,165,608 $8,764,881 $9,495,185 $7,830,216 $176,728,665 COLLIER COUNTY TOURIST TAX HOTEL-MOTEL FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $865 $2,254 $3,617 $4,037 $7,099 $8,669 $15,490 $9,765 $8,182 $4,710 $7,116 $5,100 $76,904 2006/2007 $2,028 $3,691 $9,886 $10,092 $19,130 $24,221 $26,340 $17,397 $9,043 $6,290 $12,221 $6,099 $146,438 2007/2008 $6,597 $7,295 $10,353 $10,716 $20,438 $19,074 $20,960 $13,613 $7,614 $7,215 $7,767 $6,333 $137,975 2008/2009 $4,897 $5,623 $7,807 $10,438 $14,909 $13,650 $20,868 $21,687 $10,080 $11,449 $13,356 $13,307 $148,071 2009/2010 $10,156 $9,509 $13,274 $20,198 $17,462 $28,801 $34,980 $31,383 $12,115 $19,999 $15,197 $9,839 $222,913 2010/2011 $7,444 $5,816 $13,426 $18,029 $17,347 $22,275 $27,152 $28,303 $16,540 $6,406 $14,542 $9,450 $186,730 2011/2012 $4,990 $7,843 $11,914 $14,375 $18,080 $18,075 $22,054 $23,386 $10,833 $11,349 $16,720 $6,776 $166,395 2012/2013 $7,420 $9,011 $8,739 $10,799 $18,677 $30,204 $25,897 $17,922 $11,497 $15,806 $14,176 $13,514 $183,662 2013/2014 $7,725 $9,110 $10,946 $16,611 $16,706 $24,095 $25,334 $25,782 $11,816 $10,651 $18,300 $9,171 $186,247 2014/2015 $7,907 $9,119 $9,317 $12,089 $20,035 $18,110 $29,146 $23,859 $12,435 $11,037 $9,440 $8,348 $170,842 2015/2016 $6,528 $8,747 $8,746 $11,803 $17,912 $18,711 $23,039 $16,287 $9,077 $8,436 $12,384 $9,435 $151,105 2016/2017 $6,671 $6,505 $7,993 $11,488 $14,095 $13,429 $26,460 $15,473 $15,673 $14,178 $17,732 $12,203 $161,900 2017/2018 $5,645 $7,545 $10,429 $15,348 $15,016 $20,863 $3,332 $826 $327 $48,473 $56,909 $39,705 $224,418 2018/2019 $30,989.69 $41,637.87 $45,997.80 $49,741.09 $47,019.02 $56,968.44 $76,020.18 $59,146.32 $35,481.77 $443,002.18 TOTAL:$109,863 $133,706 $172,445 $215,764 $263,925 $317,145 $377,072 $304,829 $170,714 $175,999 $215,860 $149,280 $2,606,602 COLLIER COUNTY TOURIST TAX INTERVAL FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $26 $312 $554 $517 $129 $779 $2,399 $45 $51 $89 $14 $2 $4,917 2006/2007 $3,093 $482 $203 $620 $1,110 $2,831 $2,017 $700 $828 $133 $160 $170 $12,347 2007/2008 $172 $288 $768 $1,444 $3,492 $1,941 $4,349 $557 $218 $461 $348 $450 $14,488 2008/2009 $43 $162 $1,057 $1,229 $1,982 $3,139 $4,012 $1,175 $702 $228 $249 $194 $14,172 2009/2010 $438 $746 $974 $1,688 $2,479 $1,940 $5,061 $2,170 $911 $516 $292 $464 $17,679 2010/2011 $352 $705 $1,477 $2,940 $3,895 $4,309 $5,743 $1,692 $879 $312 $266 $257 $22,827 2011/2012 $228 $517 $543 $1,455 $1,392 $3,710 $4,826 $1,441 $466 $126 $156 $157 $15,017 2012/2013 $126 $281 $1,558 $1,306 $1,815 $3,131 $6,289 $814 $1,025 ($564)$327 $146 $16,254 2013/2014 $64 $80 $112 $842 $1,238 $1,737 $4,279 $505 $128 $19 $106 $6 $9,116 2014/2015 $19 $23 $116 $1,531 $522 $1,121 $5,015 $799 $552 $17 $16 $17 $9,748 2015/2016 $0 $37 $159 $585 $657 $2,431 $3,617 $534 $160 $187 $27 $19 $8,413 2016/2017 $18 $20 $323 $409 $610 $1,890 $2,965 $536 $46 $87 $38 $31 $6,973 2017/2018 $74 $69 $113 $417 $1,123 $952 $3,332 $826 $327 $114 $60 $66 $7,473 2018/2019 $45.34 $135.85 $255.84 $1,285.66 $1,417.22 $1,330.90 $2,984.09 $835.65 $52.12 $8,342.67 TOTAL:$4,698 $3,858 $8,213 $16,269 $21,861 $31,242 $56,888 $12,630 $6,345 $1,725 $2,059 $1,979 $167,767 COLLIER COUNTY TOURIST TAX MOBILE HOME PARK FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $21,925 $37,853 $75,051 $208,942 $510,259 $486,827 $320,765 $152,766 $50,440 $48,929 $67,147 $34,644 $2,015,548 2006/2007 $23,565 $48,345 $72,589 $205,848 $533,649 $484,299 $370,561 $117,786 $32,077 $56,839 $56,844 $51,153 $2,053,555 2007/2008 $20,882 $53,052 $80,700 $223,546 $529,475 $474,235 $393,053 $97,329 $70,463 $39,158 $72,047 $47,923 $2,101,863 2008/2009 $29,856 $38,351 $66,371 $209,977 $540,182 $457,009 $262,916 $107,095 $44,859 $37,426 $59,058 $51,270 $1,904,370 2009/2010 $19,813 $41,738 $68,084 $210,249 $539,102 $441,771 $357,570 $112,468 $37,806 $36,973 $55,189 $37,468 $1,958,231 2010/2011 $18,057 $31,513 $66,367 $185,189 $490,560 $382,195 $312,031 $99,230 $43,978 $36,515 $62,275 $33,265 $1,761,175 2011/2012 $21,829 $46,255 $83,167 $251,500 $593,055 $476,112 $382,637 $112,328 $44,490 $54,563 $66,272 $38,104 $2,170,312 2012/2013 $45,837 $53,488 $69,744 $242,970 $548,304 $525,072 $443,408 $112,590 $53,536 $66,625 $72,661 $56,214 $2,290,449 2013/2014 $51,012 $59,677 $107,059 $311,312 $771,345 $481,773 $521,311 $174,440 $68,490 $71,114 $76,292 $115,045 $2,808,870 2014/2015 $60,779 $86,730 $145,207 $408,875 $1,097,400 $565,988 $534,043 $203,715 $73,145 $83,786 $116,492 $93,676 $3,469,836 2015/2016 $69,988 $96,322 $147,370 $451,832 $1,218,684 $613,623 $532,594 $195,205 $64,140 $79,911 $127,179 $76,456 $3,673,304 2016/2017 $31,571 $116,434 $167,433 $384,193 $1,002,041 $587,136 $521,839 $214,141 $69,897 $75,495 $117,815 $59,962 $3,347,957 2017/2018 $80,503 $127,192 $203,456 $522,909 $1,356,549 $788,417 $754,425 $221,403 $114,124 $119,545 $132,715 $77,753 $4,498,991 2018/2019 $43,404.47 $95,373.52 $180,109.33 $451,257.11 $1,325,950.28 $727,445.30 $703,023.15 $215,959.23 $80,215.99 $3,822,738.38 TOTAL:$539,021 $932,324 $1,532,707 $4,268,599 $11,056,555 $7,491,902 $6,410,176 $2,136,455 $847,661 $806,879 $1,081,986 $772,933 $37,877,199 COLLIER COUNTY TOURIST TAX PROPERTY MANAGEMENT COMPANY FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $2,009 $2,462 $6,622 $17,116 $21,543 $30,174 $33,024 $11,607 $5,331 $3,474 $3,313 $3,135 $139,810 2006/2007 $3,579 $4,746 $11,676 $11,640 $20,946 $27,551 $38,732 $9,843 $5,634 $2,542 $2,679 $2,917 $142,485 2007/2008 $2,813 $3,141 $5,568 $14,015 $22,010 $27,176 $32,516 $13,625 $3,740 $3,059 $2,716 $2,530 $132,909 2008/2009 $2,648 $3,212 $4,849 $13,465 $39,031 $26,499 $40,324 $8,261 $3,491 $2,910 $1,959 $1,859 $148,508 2009/2010 $2,494 $2,999 $5,825 $13,772 $21,117 $30,227 $41,973 $7,260 $3,551 $1,501 $3,616 $1,954 $136,289 2010/2011 $1,903 $3,102 $5,296 $14,095 $18,919 $25,457 $42,028 $7,013 $3,961 $1,735 $3,441 $2,802 $129,752 2011/2012 $1,892 $3,546 $5,271 $11,540 $28,012 $27,270 $22,208 $7,704 $19,524 $2,046 $3,239 $2,103 $134,355 2012/2013 $2,387 $2,995 $6,424 $14,205 $23,600 $25,327 $37,713 $10,830 $3,897 $2,184 $4,143 $2,221 $135,926 2013/2014 $1,993 $3,212 $5,155 $14,761 $36,764 $35,967 $28,369 $11,973 $5,362 $3,463 $3,354 $3,157 $153,530 2014/2015 $3,597 $6,207 $9,069 $22,943 $38,241 $27,390 $46,976 $9,553 $4,949 $3,096 $3,347 $2,309 $177,677 2015/2016 $2,724 $4,412 $8,772 $20,618 $37,682 $31,554 $30,013 $8,095 $6,071 $2,937 $4,443 $1,717 $159,038 2016/2017 $7,602 $7,952 $8,080 $21,613 $34,788 $34,222 $32,073 $12,719 $4,890 $2,697 $3,482 $1,890 $172,008 2017/2018 $1,279 $5,875 $10,173 $23,802 $44,929 $40,963 $38,852 $22,224 $4,825 $4,353 $4,930 $2,992 $205,197 2018/2019 $3,042.79 $5,658.18 $11,653.59 $27,459.49 $40,703.67 $42,693.27 $57,279.72 $13,660.54 $5,531.32 $207,682.57 TOTAL:$39,963 $59,519 $104,434 $241,044 $428,286 $432,470 $522,081 $154,368 $80,757 $35,997 $44,662 $31,586 $2,175,167 COLLIER COUNTY TOURIST TAX CAMPGROUND-RV-PARK FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $9,710 $3,439 $4,409 $18,100 $17,773 $24,067 $52,042 $15,400 $5,945 $9,955 $6,729 $3,319 $170,888 2006/2007 $13,559 $4,549 $6,049 $20,838 $14,666 $23,955 $67,207 $13,573 $6,254 $16,936 $7,301 $8,453 $203,340 2007/2008 $17,673 $7,136 $12,482 $27,895 $15,617 $22,793 $82,815 $18,577 $11,121 $19,502 $8,797 $10,929 $255,337 2008/2009 $17,263 $11,147 $10,098 $33,205 $16,416 $33,371 $97,716 $19,903 $11,470 $23,375 $12,173 $9,587 $295,724 2009/2010 $24,226 $7,933 $12,349 $33,206 $16,749 $41,749 $113,111 $20,584 $9,537 $23,926 $12,516 $17,674 $333,560 2010/2011 $31,981 $9,989 $12,618 $39,011 $20,626 $40,342 $126,367 $27,892 $12,448 $28,622 $20,527 $9,345 $379,768 2011/2011 $45,000 $11,899 $21,462 $49,877 $28,960 $51,324 $151,981 $26,449 $21,948 $38,055 $14,146 $33,708 $494,809 2012/2013 $38,478 $20,317 $19,333 $64,759 $37,280 $58,743 $169,738 $37,878 $24,636 $47,914 $17,384 $13,850 $550,310 2013/2014 $52,554 $16,301 $22,264 $69,743 $46,047 $59,529 $246,183 $58,476 $28,202 $57,917 $23,435 $24,534 $705,185 2014/2015 $70,504 $28,196 $27,002 $102,653 $55,207 $89,876 $298,550 $52,158 $47,797 $69,675 $21,450 $26,396 $889,464 2015/2016 $67,138 $28,733 $31,540 $113,112 $59,552 $131,755 $361,396 $56,053 $34,679 $73,245 $26,281 $20,359 $1,003,843 2016/2017 $83,753 $21,429 $34,054 $113,691 $72,356 $139,427 $374,058 $83,333 $34,610 $89,029 $24,924 $20,192 $1,090,856 2017/2018 $86,058 $34,298 $44,503 $151,536 $65,860 $138,385 $492,868 $123,942 $47,377 $115,151 $50,860 $43,497 $1,394,335 2018/2019 $92,770.15 $92,911.35 $61,621.67 $230,497.84 $121,632.27 $212,698.54 $648,237.66 $103,534.56 $56,597.62 $1,620,501.66 TOTAL:$650,667 $298,277 $319,785 $1,068,124 $588,741 $1,068,015 $3,282,270 $657,753 $352,622 $613,302 $246,523 $241,843 $9,387,921 COLLIER COUNTY TOURIST TAX SINGLE FAMILY FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $1,466 $198 $874 $1,987 $3,447 $6,076 $10,463 $1,504 $4,446 $1,740 $179 $29 $32,409 2006/2007 $2,403 $320 $1,387 $2,519 $3,479 $4,476 $7,976 $1,601 $624 $692 $1,447 $284 $27,208 2007/2008 $296 $2,797 $964 $2,770 $6,901 $4,396 $5,539 $2,817 $587 $1,045 $176 $158 $28,446 2008/2009 $675 $111 $1,162 $1,700 $3,571 $4,192 $7,489 $1,210 $710 $349 $63 $41 $21,273 2009/2010 $367 $165 $947 $2,776 $3,910 $4,729 $6,041 $2,607 $1,350 $799 $133 $150 $23,974 2010/2011 $1,113 $260 $1,018 $2,495 $4,802 $5,119 $4,555 $3,300 $2,706 $879 $140 $133 $26,520 2011/2012 $896 $435 $1,497 $863 $5,735 $6,040 $10,405 $4,081 $1,847 $1,221 $166 $64 $33,250.00 2012/2013 $1,205 $5,819 $1,368 $7,009 $5,810 $6,385 $8,007 $4,216 $1,647 $1,764 $520 $504 $44,254.00 2013/2014 $1,152 $646 $2,975 $6,856 $5,244 $8,564 $9,155 $3,800 $1,300 $1,372 $527 $926 $42,517.00 2014/2015 $801 $900 $4,565 $2,897 $5,534 $7,732 $7,636 $2,667 $984 $542 $133 $63 $34,454.00 2015/2016 $0 $32 $582 $1,003 $1,100 $1,714 $1,380 $774 $20 $0 $0 $0 $6,605.00 2016/2017 $102 $0 $0 $366 $911 $928 $887 $146 $31 $0 $0 $0 $3,371.00 2017/2018 $304 $0 $0 $39 $993 $729 $1,442 $176 $0 $93 $0 $0 $3,776.00 2018/2019 $256.10 $0.00 $0.00 $0.00 $0.00 $216.43 $1,232.08 $40.00 $0.00 $1,744.61 TOTAL:$11,036 $11,683 $17,339 $33,280 $51,437 $61,296 $82,207 $28,939 $16,252 $10,496 $3,484 $2,352 $329,801.61 COLLIER COUNTY TOURIST TAX APARTMENT FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $38,173 $523,284 $836,793 $1,058,211 $1,735,579 $2,241,964 $2,441,129 $1,500,894 $954,244 $734,243 $725,247 $544,998 $13,334,759 2006/2007 $436,452 $605,668 $859,051 $1,056,702 $1,835,999 $2,338,801 $2,608,708 $1,501,529 $907,302 $746,001 $710,183 $622,286 $14,228,682 2007/2008 $525,638 $689,286 $800,592 $1,240,865 $1,923,205 $2,310,172 $2,713,577 $1,577,193 $866,202 $805,292 $757,042 $586,617 $14,795,681 2008/2009 $399,869 $619,243 $798,658 $1,127,737 $1,634,522 $1,975,391 $2,021,992 $1,229,845 $748,687 $580,021 $639,464 $569,707 $12,345,136 2009/2010 $444,949 $546,988 $745,094 $1,057,680 $1,678,598 $2,032,871 $2,406,026 $1,323,167 $789,625 $584,332 $669,368 $577,933 $12,856,631 2010/2011 $478,857 $625,120 $750,069 $1,009,718 $1,601,322 $2,026,114 $2,566,965 $1,356,751 $850,683 $679,769 $730,744 $640,129 $13,316,241 2011/2012 $525,334 $691,705 $924,729 $1,208,561 $1,907,069 $2,325,647 $2,787,652 $1,437,632 $934,544 $730,332 $778,252 $646,793 $14,898,250 2012/2013 $627,861 $734,419 $959,221 $1,276,477 $2,057,493 $2,396,642 $3,303,059 $1,463,598 $1,041,187 $831,809 $838,300 $653,505 $16,183,571 2013/2014 $574,901 $876,087 $1,056,505 $1,520,239 $2,551,510 $2,782,632 $3,721,589 $1,895,808 $1,216,039 $939,370 $990,663 $1,011,824 $19,137,167 2014/2015 $684,811 $965,779 $1,234,208 $1,949,763 $2,992,190 $3,105,802 $4,279,428 $2,049,784 $1,115,485 $959,458 $975,615 $876,042 $21,188,365 2015/2016 $794,682 $1,003,722 $1,320,636 $2,040,375 $3,184,388 $3,323,336 $4,295,463 $1,869,371 $1,164,488 $929,830 $1,096,357 $816,149 $21,838,797 2016/2017 $813,891 $1,059,765 $1,289,344 $1,989,868 $2,870,125 $3,296,373 $4,129,743 $2,201,844 $1,284,169 $1,067,731 $1,173,533 $785,191 $21,961,577 2017/2018 $848,892 $1,237,475 $1,639,804 $2,628,350 $3,766,753 $3,926,484 $5,697,311 $2,756,497 $1,684,247 $1,343,341 $1,317,113 $1,000,986 $27,847,253 2018/2019 $978,311.40 $1,196,380.00 $1,863,477.54 $2,965,748.36 $4,003,538.80 $4,441,519.45 $6,035,819.92 $2,862,296.82 $1,830,675.13 $26,177,767.42 TOTAL:$8,172,621 $11,374,921 $15,078,182 $22,130,294 $33,742,292 $38,523,748 $49,008,462 $25,026,210 $15,387,577 $10,931,529 $11,401,881 $9,332,160 $250,109,877 COLLIER COUNTY TOURIST TAX TOTALS APARTMENTS, CONDOMINIUM, CAMPGROUD/RV/PARK, HOTEL/MOTEL, INTERVAL, MOBILE HOME PARK, SINGLE FAILY, REALTOR May 9, 2019 8 project expenditure of $5,500,000 (excluding Professional Engineering services) and finds the item promotes tourism. Second by Mr. Raymond. Carried unanimously 8 – 0. IX. Old Business 1. Update - LaParc Beach Erosion/Monitoring LaParc Beach * Beach Erosion - LeParc * High Tide - 5-2-2019 * Bob Raymond - Photos Mr. McAlpin noted at last month’s meeting, the Committee requested the area be monitored to determine if any further erosion occurs and emergency action needs to be taken to address any issues. He presented recent photos of area in question which depicted available beach for use by patrons. A storm event created the conditions identified by area residents at the previous meeting. The area is slated for renourishment in the late fall of 2019. X. Announcements None XI. Committee Member Discussion Mr. McAlpin noted: • The State is changing the criteria for local government funding requests to a “bi ggest bang for the buck” concept. • An application has been filed with FEMA to replace the signs lost on the beaches due to the damage from Hurricane Irma. XII. Next Meeting Date/Location June 13, 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 3:31 P.M. Collier County Coastal Advisory Committee _____________________________________ David Trecker, Chairman These minutes approved by the Board/Committee on _________________as presented________ or as amended ___________. CAC July 11, 2019 VI-1 Approval of Minutes 8 of 8 Tourist Development Tax Tourist Development Tax Collected by Area FY12 –FY16 7-9-19 1 Tourist Development Tax Tourist Development Tax Collected by Area FY17, FY18 & FY19YTD 7-9-19 2 Tourist Development Tax Tourist Development Tax -Collection Trend by Area 7-9-19 3 Tourist Development Tax Tourist Development Tax -Collection Proportions by Area 7-9-19 4 Tourist Development Tax Tourist Development Tax -Beach Renourishment Expenditures by Area FY12 –FY16 7-9-19 5 Tourist Development Tax Tourist Development Tax -Beach Renourishment Expenditures by Area FY17, FY18 & FY19YTD 7-9-19 6 EXECUTIVE SUMMARY Recommendation to approve Agreements No. 19CO2 and No. 19CO3 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems for Hurricane Irma Recovery Projects for the Collier County Beaches and make a finding that this item promotes tourism. OBJECTIVE: To execute Agreements No. 19CO2 and No. 19CO3 with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems for Hurricane Irma Recovery Projects on Collier County Beaches. CONSIDERATIONS: Hurricane Irma made landfall on September 10, 2017 causing beach and dune erosion along Collier County Beach Nourishment in Collier County. The 2018 Florida Legislature provided funds to assist count counties with beach and dune restoration projects. FDEP developed the 2018 Hurricane Irma Supplemental Funding Plan for Florida's beach and dune system to distribute these funds. FDEP has determined that 100% (percent)of the non-federal Project cost is eligible for state cost sharing. FDEP's financial obligation shall not exceed the sum of$1,917,724 for Collier County Beach (19CO2) and $244,943 for South Marco Island Beach (19CO3). FISCAL IMPACT: Funds in the amount of $2,162,667 may be reimbursed by FDEP for design and construction of the Hurricane Irma Recovery Projects at Collier County Beaches. GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS:. This item will be presented to the Coastal Advisory Committee for recommendation for approval on July 11, 2019 and the Tourist Development Council on July 22, 2019 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: To approve Agreements No: 19CO2 and No. 19CO3 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems for the Hurricane Irma Recovery Projects 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 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: Collier County Beach - Hurricane Irma Recovery Project 19CO2 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Collier County Entity Type: Local Government Grantee Address: 2685 South Horseshoe Drive, Unit 103 FEID: 59-6000558 Naples, FL 34104 (Grantee) 3. Agreement Begin Date: Date of Expiration: 9/l/2017 12/31/2021 4. Project Number: Project Location(s): (ff differenifrom Agreement Number) Collier County Project Description: The Project consists of design and construction of the Collier County Beach - Hurricane Irma Recovery Project. 5. Total Amount of Funding: $1,917,724.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ® State El Federal GAA Line #1605 $1,917,724.00 ❑ State ❑Federal ❑ Grantee Match _ Total Amount of Funding + Grantee Match, if any: $1,917,724.00 6. Department's Grant Manager Grantee's Grant Manager Name: Vince George or successor Address: Beach Management Funding Assistance 2600 Blair Stone Road, MS 3601 Tallahassee, FL 32399-3000 Name: Gary McAlpin or successor Address: 2685 South Horseshoe Drive, Unit 103 Naples, FL 34104 Phone: (850)245-7601 Phone: (239)252-5342 Email: Vincent.George@floridadep.gov Email: Gary.McAlpin@colliercountyfl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby inrnrnnrnta`1 by n-fPranrr GZ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements (Z Attachment 2: Special Terms and Conditions CEJ Attachment 3: Grant Work Plan GZ Attachment 4: Public Records Requirements ® Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): ❑ Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 2 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. 19CO2 Rev. 6/20/18 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 Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Collier County GRANTEE Grantee Name LM (Authorized Signature) Print Name and Title of Person Signing Date Signed State of Florida Department of Environmental Protection DEPARTMENT am Secretary or Designee Print Name and Title of Person Signing V Additional signatures attached on separate page. ATTEST CRYSTAL K. KINZEL, CLERK M Approved as to form and legality L� Assistant County Attomey Date Signed DEP Agreement No. 19CO2 Rev. 6f20118 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. if a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; 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 Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 I of 11 Rev. 1/4/19 5. Performance Measures. The Grantee warrants that; (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s), The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department 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 of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to 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. Attachment 1 2ofII Rev. 1/4/19 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: 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 (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: ww,,v.mvfloridaefo.com/Division/AA/Vendors/def.'ault.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 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, Attachment 1 3ofII Rev. 1/4/19 and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $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 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $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. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. Attachment 1 4ofII Rev. 1/4/19 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not 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 Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shal l not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it Attachment 1 5of11 Rev. 1/4/19 has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14, Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title l 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; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. Attachment 1 6ofII Rev. 1/4/19 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii, the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to Attachment 1 7ofII Rev. 1/4/19 other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 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 for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. 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 (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Attachment 1 8ofII Rev. 1/4/19 Section 287.13 5, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law 'ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http•//dos myflorida com/library-archives/records-mana eg ment/general-records-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 Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; 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 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 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: https:\\apps. f1 dfs. com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department Attachment 1 9ofII Rev. 1/4/19 may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 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 all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 10 of 11 Rev. 1/4/19 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 respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 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 furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 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 performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 1/4/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 19CO2 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment L Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the Collier County Beach - Hurricane Irma Recovery Project.. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on September 1, 2017 and ends 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 this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ® ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ® ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel ❑ ❑ 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, Grant Work Plan. Attachment 2 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 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 alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer'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 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 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 Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. bt,,-ve "n?is1 be aq 1111, 4? 0!11¢ c tV ix4'nu _._ Attachment 2 2 of 2 Rev. 5/3/2018 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Collier County Beach - Hurricane Irma Recovery Project PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R22 and R79 along the Gulf of Mexico in Naples in Collier County, Florida, as specified in the Strategic Beach Management Plan and Section 6213-36.005, Florida Administrative Code (F.A.C.). The Project includes 7.5 miles, among three segments of shoreline within Collier County: Vanderbilt Beach, approximately 1.6 miles between Department Monuments R22 to R31; Park Shore, approximately 2.2 miles between Department Monuments R43.7 to R54.4; and Naples, approximately 3.7 miles between Department Monuments R58 to R79. PROJECT BACKGROUND: Hurricane Irma made landfall on September 10, 2017 causing beach and dune erosion along Collier County Beach Nourishment in Collier County. The 2018 Florida Legislature provided funds to assist counties with beach and dune restoration projects. The Department developed the 2018 Hurricane Irma Supplemental Funding Plan for Florida's beach and dune system to distribute these funds. Construction of a storm recovery project is anticipated in FY2019-20 to repair storm damages. PROJECT DESCRIPTION: The Project consists of design and construction of the Collier County Beach - Hurricane Irma Recovery Project. 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 $1,917,724 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statute (F.S.). Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: DEP Agreement No. 19CO2, Attachment 3, Page 1 of 4 https://fIoridadep.gov/sites/default/files/PhysicalMonitoringStandards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Acronyms: DEP — Florida Department of Environmental Protection F.S. — Florida Statutes F.A.C. — Florida Administrative Code TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 2: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal DEP Agreement No. 19CO2, Attachment 3, Page 2 of 4 regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report 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 Task # Eligible Project Tasks State Cost Share (%) Fe de ral Estimated Project Costs DEP Local Total 1 Design and Permitting 50.00% $227,344.00 $227,344.00 $454,688.00 2 Construction 50.00% $1,690,380.00 $1,690,380.00 $3,380,760.00 TOTAL PROJECT COSTS $1,917,724.00 $1,917,724.00 $3,835,448.00 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. TaskBudget Task Start 'Deliverable No Task Title Budget Category''Amount Date DueDate I Design Contractual Services $227,344 09/01/17 06/30/21 2 Construction Contractual Services $1,690,380 11/01/19 06/30/21 Total: $1,917,724 SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not exceed those indicated below. DEP Agreement No. 19CO2, Attachment 3, Page 3 of 4 DEP Agreement No. 19CO2, Attachment 3, Page 4 of 4 Senior Field Inspector $32.65 17.95% Senior Environmental Specialist $29.10 17.75% Environmental Specialist $22.50 17.75% Project Manager $39.00 17.95% Senior Field Inspector $32.65 17.95% 2 Senior Environmental Specialist $29.10 17.75% Environmental Specialist $22.50 17.75% DEP Agreement No. 19CO2, Attachment 3, Page 4 of 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. 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: public.services ckfloridadep. oovv 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. 19CO2, Attachment 4, Page 1 of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the 'Recipient" "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 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 determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (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, 2014). In the event that the recipient expends $500,000 ($750,000 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. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, 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-1.33, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-1.33, as revised, and 2 CFR Part 200, Subpart F. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) 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. 19CO2, Attachment 5, Page 1 of 5 Rei. 4/27/2018 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda-aov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. ] . In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(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 1.0.650 (nonprofit and for-profit organizations), Rules of the 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 of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://anns.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.lea.state.fl.us/Welcome/indox.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://lvww.fldfs.com/ and the Auditor General's Website at htti)://www.mvflorida.com/audpen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART I 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. 19CO2, Attachment 5, Page 2 of 5 Re,. 4/27/2018 A. 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: FDEPSineleAudit dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) 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 Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hq://harvester.census.gov/facweb/ 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, Subpart F, and any management letters issued by the auditor, to the Department of Environmental 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: FDEPSin eleAuditgdep.state. fl.us Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at 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. 19CO2, Attachment 5, Page 3 of 5 Re) . 4/27/2016 Electronically: FDEPSin a]eAudit a,dep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditgdep.state.fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB 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. Recipients, when submitting financial reporting packages to the Department of Environmental 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 for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Agreement No. 19CO2, Attachment 5, Page 4 of 5 Rev. 4/27/2018 r, i c O N •� O a. � o 00 c gU d 8 tr O ea L L d 69 0. C � C � ice. w C ❑ •O G' � L w° � 0 u L O o U C O U c 67 O s ❑ � L u w r. 3 =' ° � a � L tuE N U c p L w O �z co 7 a C 'U y U O d .O L 3 � w Q O � � O 0 O O M W U 7 C,3 .7 a Q u-lu a z rn w i O a� .O O a. � o 00 c aU d 8 ea L L O 0. Lr � C � ice. d ^O ❑ � U G' � L w° 7 w 0 u L O 0 a a K O s ❑ � u w r. 3 =' ° � a � d N U Q U co w .O 0 U_ C 0 .O 0 U :a O � � O O M R U 7 .7 a � rn C u 'U � ms � N _00 u ami O � d oof a� 71 71 � ^a w 3 U � d d u 40 w U to G q a w i O v 00 c d v� Lr � C � � U b C � � w 0 u u :fl � O L ❑ � u w v ° � a r d O L N U Q � co 0 .O 0 U O � � O O �z M � rn w R ms � N _00 O L C v � � U � Q a w _ � v L O CA uu yU., Lzo i EXHIBIT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTI.ON BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: Collier County Beach - Hurricane Irma Recovery Project Local Sponsor: Collier County DEP Agreement Number: 19CO2 Remittance Address: Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total *if applicable Cost Summary: State Funds Obligated Local Funds Obligated Less Advance Pay Less Advance Pay Less Previous Payment Less Previous Credits Less Previous Retained Less This Credit Less This Payment Local Funds Remaining Less This Retainage (5% State Funds Remaining DEP Agreement No. 19CO2, Exhibit C, Page 1 of 5 ►] a d a .: I o 0 ° 3 e u w O a= a o d �b y y C f/1 W 7. w ❑ oma, — o ° c a � ao a W y O � a ib F a12 O o y F 3a p .E 0E F C w o y dY U y N .0 `. o% N m G N y U-.4 4 G 4 v i G.= C o ❑ E V R a ��+ A¢ CG a' iL 3 o� �r is]aFrv��w wza � W O O � i R O r V V z �L" d va wU d� > O a z Y E Fz V � U° z w �A :a E > �z � V 0 �z at ° 3 e a= a o d �b y y C A _te�al U N •is.+ V w ❑ oma, — o ° c a � ao a T � C w ;ao a ib F a12 O o y F p .E 0E F C w o y U y N .0 `. o% N m y U-.4 4 G 4 v i G.= C o ❑ E V R a ��+ A¢ iL 3 o� �r is]aFrv��w wza FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT Name of Project: Collier County Beach - Hurricane Irma Recovery Project Local Sponsor: Collier County DEP Agreement Number: 19CO2 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 following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: DEP Agreement No. 19CO2, Exhibit C, Page 3 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV Name of Project: Collier County Beach - Hurricane Irma Recovery Project Local Sponsor: Collier County DEP Agreement Number: 19CO2 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the Project described in the grant work plan. I certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Name of Project Financial Officer Signature of Project Administrator Signature of Project Financial Officer DEP Agreement No.19CO2, Exhibit C, 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: Collier County Beach - Hurricane Irma Recovery Project Local Sponsor: Collier County DEP Agreement Number: 19CO2 Task Completion ❑(List Task Contract Completion ❑ *I 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 returned to the Department, or will be returned to the Department within sixty (60) days of the completion of construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No.19CO2, Exhibit C, Page 5 of 5 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: South Marco Island Beach - Hurricane Irma Recovery Project 1903 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard (Department) Tallahassee, Florida 32399-3000 Grantee Name: Collier County Entity Type: Local Government Grantee Address: 2685 South Horseshoe Drive, Unit 103 Naples, FL 34104 FEID• 59-6000558 (Grantee) 3. Agreement Begin Date: Date of Expiration: 9/l/2017 12/31/2021 4, Project Number: Project Location(s): (If diifferentfromAgreement Number) Collier County Project Description: The Project consists of design and construction of the South Marco Island Beach - Hurricane Irma Recovery Project. 5. Total Amount of Funding: $244,943.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ® State ❑Federal GAA Line #1605 $244,943.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $244,943.00 6. Department's Grant Manager Grantee's Grant Manager Name: Vince George Name: Gary McAlpin or successor or successor Address: Beach Management Funding Assistance 2600 Blair Stone Road, MS 3601 Tallahassee, FL 32399-3000 Address: 2685 South Horseshoe Drive, Unit 103 Naples, FL 34104 Phone: (850) 245-7601 Phone: (239) 252-5342 Email: Vincent.George@floridadep.gov Email: Gary.McAlpin@colliercountyfl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby inrnYnm%tP(i hu ra&rPn(:P.- m Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements GZ Attachment 2: Special Terms and Conditions 21 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements Z Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at httosJ/facts.tldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): ❑ Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. 19CO3 Rev. 6/20/18 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 Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Collier County GRANTEE Grantee Name 0 (Authorized Signature) Print Name and Title of Person Signing Date Signed State of Florida Department of Environmental Protection DEPARTMENT Secretary or Designee Print Name and Title of Person Signing V Additional signatures attached on separate page. ATTEST CRYSTAL K. KINZEL, CLERK BY Approved as to form and legality Assistant bounty Attorney Date Signed DEP Agreement No. 19CO3 Rev, 6/20/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; 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 Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1 of 11 Rev. 1/4/19 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department 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 of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to 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. Attachment 1 2ofII Rev. 1/4/19 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: ANmw.myfloridaefo.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 (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: Nvww.mvfloridacfo.com/Division/AA/Vendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 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, Attachment 1 3ofII Rev. 1/4/19 and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate, Nonconsumable and/or nonexpendable personal property or equipment costing $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 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. L For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii, If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $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. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing State ments/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds, 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. Attachment 1 4of11 Rev. 1/4/19 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not 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 Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it Attachment 1 5ofII Rev. 1/4/19 has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination. Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (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 (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. Attachment 1 6ofII Rev. 1/4/19 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a, and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to Attachment 1 7of11 Rev. 1/4/19 other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation 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 for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. ill. 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 (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Attachment 1 8ofII Rev. 1/4/19 Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: gip•//dos myflorida.com/iibrary-archives/records-mana a€general-records-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 Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 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: https:\\apps.fldfs. corn\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department Attachment 1 9ofII Rev. 1/4/19 may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 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 all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 10 of 11 Rev. 1/4/19 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 respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 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 furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 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 performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 1/4/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 19CO3 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the South Marco Island Beach - Hurricane Irma Recovery Project.. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on September 1, 2017 and ends 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 this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ® ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ® ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel ❑ ❑ 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, Grant Work Plan. Attachment 2 1 of 2 Rev. 5/3/2018 9. Insurance Requirements Required Coverne. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer'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 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 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 Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. ,i'7f?r tr`�tw.t 7Ti lr rCt ,FAY'.,. Attachment 2 2 of 2 Rev. 5/3/2018 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: South Marco Island Beach - Hurricane Irma Recovery Project PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department/DEP) reference monuments R143 and G4 along the Gulf of Mexico in Collier County, Florida, as specified in the Strategic Beach Management Plan and Section 6213-36.005, Florida Administrative Code (F.A.C.). PROJECT BACKGROUND: Hurricane Irma made landfall on September 10, 2017 causing beach and dune erosion along South Marco Island Beach Nourishment in Collier County. The 2018 Florida Legislature provided funds to assist counties with beach and dune restoration projects. The Department developed the 2018 Hurricane Irma Supplemental Funding Plan for Florida's beach and dune system to distribute these funds. Construction of a storm recovery project is anticipated in FY2019-20 to repair storm damages. PROJECT DESCRIPTION: The Project consists of design and construction of the South Marco Island Beach - Hurricane Irma Recovery Project. 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 $244,943 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 6213-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statute (F. S.). Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: httos://floridadeo.Rov/sites/default/files/PhvsicalMon..itoringStandards.pdf DEP Agreement No. 19CO3, Attachment 3, Page 1 of 4 One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Acronyms: DEP — Florida Department of Environmental Protection F.S. - Florida Statutes F.A.C. — Florida Administrative Code TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 2: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. DEP Agreement No. 19CO3, Attachment 3, Page 2 of 4 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 Budget Task Start Deliverable No. ask Title Budget Category Amount Date Due Date 1 Design Contractual Services $34,199.00 9/1/17 06/30/21 2 Construction Contractual Services $210,744.00 11/01/19 06/30/21 Total: $244,943.00 SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not exceed those indicated below. DEP Agreement No. 19CO3, Attachment 3, Page 3 of 4 State Federal Task # Eligible Cost Estimated DEP Local Total Project Tasks Share Project (%) Costs 1 Design 50.00% $34,199.00 $34,199.00 $68,398.00 2 Construction 50.00% $210,744.00 $210,744.00 $421,488.00 TOTAL $244,943.00 $244,943.00 $489,886.00 PROJECT COSTS PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task Budget Task Start Deliverable No. ask Title Budget Category Amount Date Due Date 1 Design Contractual Services $34,199.00 9/1/17 06/30/21 2 Construction Contractual Services $210,744.00 11/01/19 06/30/21 Total: $244,943.00 SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not exceed those indicated below. DEP Agreement No. 19CO3, Attachment 3, Page 3 of 4 DEP Agreement No. 19CO3, Attachment 3, Page 4 of 4 Senior Environmental Specialist $29.10 17.75% Environmental Specialist $22.50 17.75% Project Manager $39.00 17.95% Senior Field Inspector $32.65 17.95% 2 Senior Environmental Specialist $29.10 17.75% Environmental Specialist $22.50 17.75% DEP Agreement No. 19CO3, Attachment 3, Page 4 of 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. 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: public. services(a�floridadep. og_v 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. 19CO3, Attachment 4, Page 1 of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the 'Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 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 determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (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, 2014). In the event that the recipient expends $500,000 ($750,000 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. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, 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 part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) 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. 19CO3, Attachment 5, Page 1 of 5 Rev. 4/27/2018 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, 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 I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the 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 of the Auditor General. 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 of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://Upss.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfml State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at htti)://www,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 audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART I 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. 19CO3, Attachment 5, Page 2 of 5 Rei. 4/27/2018 A. 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: FDEPSin leAudit ,dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) 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 Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at htro://harvester.census.eov/facweb/ 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, Subpart F, and any management letters issued by the auditor, to the Department of Environmental 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: FDEPS ingleAudit&dep.state. fl.us Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at 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. 19CO3, Attachment 5, Page 3 of 5 Rev. 4/27/2018 Electronically: FDEPSin leeAudit a,dep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 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 of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSinRleAudit@dep.state.fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB 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 of Environmental 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 for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Agreement No. 19CO3, Attachment 5, Page 4 of 5 Rec. 4/27/2018 r. 0 (U • ° o o d C O vNi d � C V1 c E 7 w r •O � a N d d � s p N o U .Q 0 U c C d W N u L d s O C o � o Q � w c u �z o R aci f1. C U U bA .0 �i y i U c N � O w d 0 � aci 3 w Cq 4 L 7 0 H L � � o � �Wa2 o� M (s. c 0 v .4 0 vNi � o aU V1 d E L L � a d d � � O N w =o L w c 0 W N u L O � O C C s u a� o R aci f1. .O. U bA o � d � w U 0 � aci C w Cq 0 U d 0 v d L � � o � c Uz M w d w O W U N L Or 0 N .7 0. �U a d N w d o c O O as p tu w Q Cd7 w c c 0La Q N u a � L U u L R d 0waz cu o c c 0 p vNi d v: G N d � O � N u 6� O O � w 0 u A O � O C L a� o aci f1. bA o � c s � aci w w Cq 0 c 0 v � � o � c Uz M L d N u 0 N .7 0. O c O O as p •^ c Cd7 w c c 0La Q a � U u L R ci z0d EXHIBIT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: South Marco Island Beach - Hurricane Irma Recovery Project Local Sponsor: Collier County DEP Agreement Number: 19CO3 Remittance Address: Billing Number: Billing Type: ❑ Interim Billing Costs Incurred This Payment Request Federal Share* State Share $ $ *if applicable Cost Summary: State Funds Obligated Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment a, Less This Retainage (5%) State Funds Remaining ❑ Final Billing DEP Agreement No. 19CO3, Exhibit C, Page 1 of 5 Local Share Total Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining i F r Q a A z E z IJ „ u RE: � T R v 0. 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Q FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT Name of Project: South Marco Island Beach - Hurricane Irma Recovery Project Local Sponsor: Collier County DEP Agreement Number: 19CO3 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 following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: DEP Agreement No. 19CO3, Exhibit C, Page 3 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV Name of Project: South Marco Island Beach - Hurricane Irma Recovery Project Local Sponsor: Collier County DEP Agreement Number: 19CO3 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the Project described in the grant work plan. I certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Name of Project Financial Officer Signature of Project Administrator Signature of Project Financial Officer DEP Agreement No. 19CO3, Exhibit C, 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: South Marco Island Beach - Hurricane Irma Recovery Proiect Local Sponsor: Collier County DEP Agreement Number: 19CO3 Task Completion ❑(List Task} Contract Completion ❑ *I 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 returned to the Department, or will be returned to the Department within sixty (60) days of the completion of construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 19CO3, Exhibit C, Page 5 of 5 DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NORFOLK DISTRICT FORT NORFOLK 803 FRONT STREET NORFOLK VA 23510-1011 CENAO-WRP 8 May 2019 MEMORANDUM FOR RECORD SUBJECT: Collier County Coastal Storm Risk Management – In-progress Review #1 1. An In-progress Review (IPR) was held for the subject study via teleconference and webinar, on 7 May, 2019 at 10:00a.m. The list of attendees and a copy of the presentation slides are provided as enclosures to this memorandum. 2. Opening Remarks: Susan Conner opened the meeting by welcoming participants and giving a high level recap of work completed since the AMM. She also stated the main purpose of the IPR, which was to review and gain vertical team concurrence on the plan formulation of a focused array of alternatives. 3. Presentation: Ian Swisher presented the slides and described the study area as well as problems, opportunities, objectives, and constraints; the geographic array of measures being studied, natural and nature based features (NNBFs), and the focused array of alternatives. An engineering update was also presented, covering sea level rise (SLR), updated 2018 water levels, S-BEACH modeling work, and an analysis on sand sources near the study area. Estimates of equivalent annual damages (EAD) from the GIS Tool and rough order of magnitude costs were presented, which was followed by discussion on recreation benefits. An environmental update was also provided, discussing Federally T&E Species and lines of effort for environmental compliance. 4. Comments: The following is a summary of comments and discussions which occurred throughout the IPR. - Collier County commented they are pleased with the progress thus far and reiterated their commitment and support to the study. - In reference to the project constraints, it was clarified the programmatic biological opinions (USFWS) actually allow for year-round use of beaches in southwest Florida, indicating construction could occur at any time during the year. It is Collier County’s preference to avoid sea turtle nesting season. - It was recommended the PDT combine beach dune and vegetative dune planting measures, since we would not recommend construction of a dune without plantings. - Regarding sand sources, the question was posed, what level of risk may we accept during the study and still conclude with a final report? NAO prefaced this question by saying we expect a sand deficit based on the available borrow area information; the CENAO-WRP SUBJECT: Collier County Coastal Storm Risk Management – In-progress Review #1 2 County disagreed and is confident there is plenty of sand in a combination of offshore borrow areas which they have either developed or investigated in the past. In lieu of conducting additional borings or geotechnical exploration to identify new sand sources, it was recommended by the vertical team for the County to draft a letter and document their historical knowledge about sand sources in the region. This compilation of historical data will serve to advise the PDT’s risk-informed decision about sand volumes available for the duration of the period of economic analysis. - The extended timeline for receiving recreation benefit estimates using surveys and the Contingent Valuation Method was discussed. The group agreed using Unit Day Values as a proxy until the survey data is available was an acceptable course of action. Recreational survey data is currently expected o/a March 2020. - The PDT presented the NNBF measures and proposed locations; the question was asked if we have research which supports the use of mangroves to reduce storm surge? We do have a repository of literature, including reports and a few models which support this concept. Their validity and application within our study area has yet to be determined. The PDT should discuss this concept with New Orleans District as they recently studied surge affects behind a forested area- in this application only wave characteristics were affected, not surge height. It was also stated that recreation benefits attributed to NNBFs could account for up to 50% of the economic benefits needed to justify them. - Hank Gruber stated the intent of the IPR has been met. Expectation is for meeting notes to be disseminated within one week. - It was suggested to pare down the focused array of alternatives for evaluation efforts IAW NEPA requirements, as well as to present fewer, comprehensive alternatives. The focused array presented during the meeting is shown below. CENAO-WRP SUBJECT: Collier County Coastal Storm Risk Management – In-progress Review #1 3 Table 1. Focused Array of Alternatives Alternative Components A0 No Action N/A A1 (beach only) Economically Justified Measures from Beach Analysis A2 A1 + Surge Barrier in Wiggins Pass and Floodwall with Flood Gate at Bonita Beach Road A3 A1 + Nonstructural in Wiggins Pass Estuarine Area, Cocohatchee River, and Vanderbilt Lagoon A4 A1 + Surge Barrier in Doctors Pass and Floodwall with Flood Gate at Seagate Drive A5 A1 + Nonstructural in Venetian Bay A6 A1 + Flood Gates on the Gordon River at Tamiami Trail (US Route 41) A7 A1 + Nonstructural in Upper Gordon River and Rock Creek A8 A4 + Nonstructural in Outer Clam Bay A9 A5 + Nonstructural in Outer Clam Bay A10 A6 + Nonstructural in Naples Bay A11 A7 + Nonstructural in Naples Bay A12 (beach + nonstructural) A1 + Critical infrastructure, elevation, flood proofing, buyouts (Non-S. areas from A3, A5, A7, A9, A11, and communities of Marco Island, Isles of Capri, and Goodland) A13 Combination of Justified Alternatives A2-A12 It was determined alternatives A2 through A11 were essentially representing reaches of larger, comprehensive alternatives which span the length of the study area. It is not the intent of the PDT to recommend coastal storm risk reduction measures in only select inland bay areas, rather comprehensive alternatives to reduce risk in all coastal communities of Collier County. As such, and in accordance with the spirit of coastal storm risk management feasibility studies, the focused array was revised as shown in Table 2. Table 2. Revised Focused Array of Alternatives Alternative Components A0 No Action N/A A1 (beach only) Economically Justified Measures from Beach Analysis (North County and Marco Island) A2 (beach + nonstructural) A1 + Nonstructural + Critical Infrastructure (North County and Marco Island) A3 (beach + structural) A1 + Structural (North County) A4 (combo) Combination of justified structural and nonstructural measures from alternatives A1-A3 CENAO-WRP SUBJECT: Collier County Coastal Storm Risk Management – In-progress Review #1 4 5. Due-Outs: a. Revise focused array of alternatives- complete. b. Coordinate sand source letter with NFS- ongoing. c. Conduct follow-up with vertical team to discuss justification of NNBFs- pending. 6. Questions or concerns regarding this memorandum may be directed to Ian Swisher at ian.t.swisher@usace.army.mil, or 757-201-7320. Encls. SUSAN CONNER Chief, Planning and Policy Branch Enclosure 1 – Meeting Attendees NAD Jason Allmon Valerie Cappola Naomi Fraenkel Donald Cresitello Hank Gruber Young Kim Suzanne Kimble Doug Stamper Ralph Lamoglia Roselle Stern HQ Jeff Strahan Karen Umbrell NFS Gary McAlpin Tom Pierro (APTIM) Lauren Floyd (APTIM) Stephen Keehn (APTIM) SAJ Martin Durkin NAO Susan Conner Dan Hughes Ian Swisher Laura Frank Kaylyn Duda Ashton Burgin Kyle McElroy Alicia Logalbo Dave Schulte Richard Harr Faraz Ahmed Rachel Haug Nora Batten 217 217 217 200 200 200 255 255 255 0 0 0 163 163 163 131 132 122 239 65 53 110 135 120 112 92 56 62 102 130 102 56 48 130 120 111 237 237 237 80 119 27 252 174 .59 “The views, opinions and findings contained in this report are those of the authors(s) and should not be construed as an official Department of the Army position, policy or decision, unless so designated by other official documentation.” Norfolk District Date: 7 May 2019 COLLIER COUNTY COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDY In-Progress Review #1 Ian Swisher -Plan Formulator POC: Ian Swisher AGENDA 10:00-10:05 Opening Remarks 10:05-10:15 Attendee Introductions 10:15-11:30 Presentation –Overview: Authority, Problems/ Opportunities, Objectives/Constraints –Plan Formulation Focused Array –Engineering Update –Economic GIS Tool Analysis –Environmental Update –Residual Risk –Path to TSP –Schedule 11:30-12:00 –Discussion North County Marco Island 2 POC: Ian Swisher STUDY AREA AND AUTHORIZATIONS North County Marco Island Existing Authorization for Collier County CSRM Section 4033 of Water Resources Development Act of 2007 (P.L. 110-114) Whereby the Secretary shall conduct a study to determine the feasibility of carrying out a project for hurricane and storm damage reduction and flood damage reduction in the vicinity of Vanderbilt, Park Shore, and Naples beaches, Collier County, Florida. Water Resources Development Act of 1986 Specifies the cost-sharing requirements generally applicable to feasibility studies. Bipartisan Budget Act of 2018 Public Law 115-123 Title IV, Division B Authorizes the government to conduct the Study at full Federal expense to the extent that appropriations provided under the Investigations heading of the BBA 2018 are available and used for such purpose. 3 POC: Ian Swisher PROBLEMS •Risk of coastal storms and their damage mechanisms like beach erosion, wave action, and storm surge threaten damage to and loss of residential and commercial structures, critical infrastructure, environmental resources, and economic livelihood. OPPORTUNITIES •Reduce economic loss due to coastal flood damage. •Restore natural coastline with environmental features that support coastal resiliency. •Increase public facilities and access to recreation. •Increase community understanding through communication about coastal resilience and protective measures. •Improve environmental conditions by incorporating natural and nature based features into potential alternatives. OBJECTIVES •Reduce risk and damage, economic loss, and environmental impacts due to wave attack and inundation due to storm surge in Collier County over a 50-year period of analysis. •Reduce risk to life, health, and safety during coastal storms. CONSTRAINTS •Avoid or mitigate impacts to environmental hard bottom resources. •Avoid or minimize impacts to habitat for listed species. •Avoid time of year restrictions for threatened and endangered (T&E) species. •Avoid impacts to County or State environmental preserves. 4 POC: Ian Swisher 10 25 1 2 1 Management Measures 3 2 3 Beach Berm and Dune Floodwall w/ Gate Storm Surge Barrier 4 Mangrove Restoration 5 Non-S. (Buyouts/Elevations) 4 5 2 3 2 3 4 6 Breakwaters 7 Groins 8 Seawall 8 9 Vegetative Dune Plantings 9 1 9 76 Oyster Restoration 76 3 10 Non-S. (Flood Proofing) 54 CAXAMBAS PASS BIG MARCO PASS 10 GEOGRAPHIC ARRAY OF MEASURES 5 POC: Ian Swisher •Beaches are a required component of the comprehensive system and risk cannot be reduced along the inland bays if the berm/dune are not included •Phased analysis in that we need to know the beach profile and associated level of risk reduction before fully knowing how large to scale the inland bay alternatives •Inland bay areas were determined by identifying reaches where we could hydrologically isolate inland structures from the effects of storm surge •First we will determine the beach profile which reasonably maximizes NED benefits, and that height will then inform the inland elevation for evaluation FORMULATION STRATEGY 6 POC: Ian Swisher FOCUSED ARRAY OF ALTERNATIVES Alternative Components A0 No Action N/A A1 (beach only)Economically Justified Measures from Beach Analysis A2 A1 + Surge Barrier in Wiggins Pass and Floodwall with Flood Gate at Bonita Beach Road A3 A1 + Nonstructural in Wiggins Pass Estuarine Area, Cocohatchee River, and Vanderbilt Lagoon A4 A1 + Surge Barrier in Doctors Pass and Floodwall with Flood Gate at Seagate Drive A5 A1 + Nonstructural in Venetian Bay A6 A1 + Flood Gates on the Gordon River at Tamiami Trail (US Route 41) A7 A1 + Nonstructural in Upper Gordon River and Rock Creek A8 A4 + Nonstructural in Outer Clam Bay A9 A5 + Nonstructural in Outer Clam Bay A10 A6 + Nonstructural in Naples Bay A11 A7 + Nonstructural in Naples Bay A12 (beach +nonstructural)A1 + Critical infrastructure, elevation, flood proofing, buyouts (Non-S. areas from A3, A5, A7, A9, A11, and communities of Marco Island, Isles of Capri, and Goodland) A13 Combination of Justified Alternatives A2-A12 The measures comprising the alternatives justified along coastal beaches will be considered in the future without project conditions when modeling measures along inland bay areas Natural and Nature Based Features will be incorporated into project alternatives where applicable 7 POC: Ian Swisher COUNTY OVERVIEW OF POTENTIAL MEASURES 8 POC: Ian Swisher ALTERNATIVE 1-BEACH ONLY Naples Marco Island 9 POC: Ian Swisher 10 POC: Ian Swisher A2 -BEACH + WIGGINS PASS STRUCTURAL A3 -BEACH + WIGGINS PASS ESTUARINE NONSTRUCTURAL Estuarine Area Cocohatchee River Vanderbilt Lagoon Wiggins Pass 11 POC: Ian Swisher A4 -BEACH + DOCTORS PASS STRUCTURAL A5 -BEACH + VENETIAN BAY NONSTRUCTURAL Venetian Bay Seagate Drive Doctors Pass 12 POC: Ian Swisher A6 -BEACH + GORDON RIVER STRUCTURAL A7 -BEACH + UPPER GORDON RIVER/ ROCK CREEK NONSTRUCTURAL Gordon River Naples 13 POC: Ian Swisher ALTERNATIVE 8-A4 + OUTER CLAM BAY NONSTRUCTURAL ALTERNATIVE 9-A5 + OUTER CLAM BAY NONSTRUCTURAL Venetian Bay Outer Clam Bay Clam Pass 14 POC: Ian Swisher ALTERNATIVE 10-A6 + NAPLES BAY NONSTRUCTURAL ALTERNATIVE 11-A7 + NAPLES BAY NONSTRUCTURAL Gordon Pass Naples Natural Area Naples Bay ALTERNATIVE 12-BEACH + NONSTRUCTURAL 15 POC: Ian Swisher CRITICAL INFRASTRUCTURE (COMPONENT OF ALT 12 NONSTRUCTURAL + BEACH) C.I. in 100YR Floodplain •88 facilities •Naples-57 •Marco Island-17 •Isles of Capri-2 •Everglades City-9 •Ochopee-3 16 POC: Ian Swisher ALTERNATIVE 13-COMBINATION Alternative Components A0 No Action N/A A1 (beach only)Economically Justified Measures from Beach Analysis A2 A1 + Surge Barrier in Wiggins Pass and Floodwall with Flood Gate at Bonita Beach Road A3 A1 + Nonstructural in Wiggins Pass Estuarine Area, Cocohatchee River, and Vanderbilt Lagoon A4 A1 + Surge Barrier in Doctors Pass and Floodwall with Flood Gate at Seagate Drive A5 A1 + Nonstructural in Venetian Bay A6 A1 + Flood Gates on the Gordon River at Tamiami Trail (US Route 41) A7 A1 + Nonstructural in Upper Gordon River and Rock Creek A8 A4 + Nonstructural in Outer Clam Bay A9 A5 + Nonstructural in Outer Clam Bay A10 A6 + Nonstructural in Naples Bay A11 A7 + Nonstructural in Naples Bay A12 (beach +nonstructural)A1 + Critical infrastructure, structure elevations, wet/dry flood proofing, buyouts (Non-S. areas from A3, A5, A7, A9, A11, and Marco Island) A13 Combination of Alternatives A2-A12 A2 or A3 +A4 or A5 or A8 or A9 +A6 or A7 or A10 or A11 +C.I. & Marco IslandA1+ 17 POC: Ian Swisher ESTIMATED SEA LEVEL CHANGE PROJECTIONS Per the USACE sea level change curve calculator NOAA gage #8725520, at Naples, FL, is the nearest compliant gage for estimating relative sea level rise (RSLR) trends for the project area Date associated with FEMA Water Level is 1992 The intermediate curve is believed to represent a reasonable estimate of RSLR Year USACE Low USACE Int.USACE High 2010 0.17 0.02 0.29 2020 0.26 0.33 0.55 2030 0.36 0.48 0.89 2040 0.45 0.65 0.13 2050 0.54 0.84 1.79 2060 0.64 1.03 2.29 2070 0.73 1.27 2.99 2080 0.82 1.49 3.62 2090 0.92 1.77 4.48 2100 1.01 2.05 5.33 Potential 50 YR Economic Period of Analysis 18 POC: Ian Swisher POC: Ian Swisher SEA LEVEL TRACKER, NAPLES, FL. 19 STILL WATER LEVELS Project area water levels updated using FEMA SW Florida Storm Surge Study raw statistical data processed by ERDC (FEMA IDIQ Contract HSFEHQ-09-D-0369, FEMA Region IV HSFE04-13-J-0097) 1% Annual Chance of Exceedance Water Level Elevations (FT NAVD88) Reaches Length [FT]Year 2018 Year 2030 Year 2079 1 Barefoot Beach R1 -R9 8090 10.74 10.90 11.91 2 Barefoot Beach Preserve R9 -R16 7095 10.41 10.57 11.58 3 Wiggins Pass State Park R16 -R22 5230 10.27 10.43 11.44 4 Vanderbilt Beach R22 -R29 7100 10.09 10.25 11.26 5 Pelican Bay R29 -R41 12145 10.27 10.43 11.44 6 Clam Pass State Park R41 -R46 4800 10.24 10.40 11.41 7 Park Shore R46 -R57 11590 9.96 10.12 11.13 8 Naples Beach R58 -R79 19340 8.89 9.05 10.06 9 Gordon Pass Reach R79 -R89 9890 8.56 8.72 9.73 North County Beaches R1 -R89 85280 9.81 9.97 11.22 10 Marco Island Beach R136 -R147 12200 9.31 9.47 10.48 11 Cape Marco R147 -R148 1750 9.17 9.33 10.34 Marco Island R136 -R148 13950 9.25 9.41 10.66 20 POC: Ian Swisher STILL WATER LEVELS –1% ACE Year 2018 Year 2030 Year 2079 21 POC: Ian Swisher S-BEACH/BEACH-FX PROFILES Beach reaches analyzed and grouped by geometry then average profiles created Average profiles converted to “Idealized” Profiles for S- BEACH and Beach-fx Range of iterative profiles determined from existing and future conditions 22 POC: Ian Swisher SAND SOURCE CONSIDERATIONS Source: 2018, APTIM, 2017 Southwest Florida Borrow Area Update Offshore Borrow Area Review EXISTING BEACH HAS MEAN GRAIN SIZE OF 0.33 MM Collier County Sediment Volume Balance Sediment deficit in offshore for 50 YR need Offshore Borrow Area Source Date Available Volume [CY] Mean Grain Size (mm) Verified/Used in Past 2017 153,000 2017/2018 164,200 Toms Hill I (T1) Leased Area 2011 3,570,000 0.32 Wiggins Pass 2017/2018 40,700 0.36 - 0.52 Doctor Pass 2017/2018 38,000 0.18 Potential Borrow Area N5 2017/2018 2,681,300 0.19 0.21-0.25 0.14 Unverified/Lack Sufficient Data T1 (Expanded)2017/2018 46,600,000 0.25-0.35 T2 2017/2018 40,758,000 0.25-0.35 Caxambas Pass 100,000 - 120,000 0.35 Big Marco Pass/Capri Pass 2011 2,000,000 < 0.24 2017/2018 900,000 0.24Cape Romano (primary) Cape Romano (secondary) "Difficult to dredge" NAPLES MARCO ISLAND BA T1 AND POSSIBLE EXPANSION AREA (RED) 23 POC: Ian Swisher POC: Ian Swisher GIS TOOL AND STRUCTURE INVENTORY Geospatial assessment of structural inundation damages using Python Code (developed by NAE), FEMA 2012 water levels, and NACCS depth-damage curves Structure inventory updated and FFE assumptions refined, beach areas applied elevation certificates and DRV per sq. ft. (avg. construction materials and avg. effective age of 30 years) Inland damages likely overestimated due to assessed value and less reliable assumptions on FFE Underestimated Damages–GIS Tool does not include wave or erosion damage, and outdated water levels were used for this analysis (FEMA 2012) Structure Inventory and GIS Tool Damage Estimates Estimated No. of Structures Total Estimated Equivalent Average Annual Damages up to the 100 year storm event Coastal Beach 674 Total (624 North Beach, 50 Marco Island)$2,455,000 Inland Bay Areas 8411 Total (6272 North Beach, 2139 Marco Island)$512,362,000 Total 9085 Total (6896 North Beach, 2189 Marco Island)$514,817,000 24 PARAMETRIC COSTS COMPARED TO DAMAGES Damages are for inundation only Parametric costs based on NACCS, Norfolk CSRM, existing Naples design volumes Beach assumes renourishment every 10 years over project life Inland costs do not include OMRR&R Alternative Costs and Potential Benefits Alternative Components Length (ft.) Construction Cost Average Annual Cost of Added Component Total Average Annual Cost of Alternative EAD up to 100 Year Storm Event for Added Component Total Estimated EAD* for Alternative up to the 100 year storm event A1 (low)Berm renourishment,current width 99,230 $165,146,000 $3,756,000 $3,756,000 TBD TBD A1 (high)50 ft wider berm plus 100YR Dune 99,230 $301,743,000 $6,999,000 $6,999,000 2,455,000 2,455,000 A2 A1 + Surge Barrier in Wiggins Pass and Floodwall with Flood Gate at Bonita Beach Road 7,300 $47,886,000 $1,817,000 $8,816,000 21,811,000 24,266,000 A3 A1 + Nonstructural in Wiggins Pass Estuarine Area, Cocohatchee River, and Vanderbilt Lagoon N/A TBD TBD TBD 21,811,000 24,266,000 A4 A1 + Surge Barrier in Doctors Pass and Floodwall with Flood Gate at Seagate Drive 300 $38,605,000 $1,465,000 $8,464,000 37,741,000 40,196,000 A5 A1 + Nonstructural in Venetian Bay N/A TBD TBD TBD 37,741,000 40,196,000 A6 A1 + Flood Gates on the Gordon River at Tamiami Trail (US Route 41)6,750 $36,761,000 $1,395,000 $8,394,000 112,531,000 114,986,000 A7 A1 + Nonstructural in Upper Gordon River and Rock Creek N/A TBD TBD TBD 112,531,000 114,986,000 A8 A4 + Nonstructural in Outer Clam Bay N/A TBD TBD TBD 2,367,000 42,563,000 A9 A5 + Nonstructural in Outer Clam Bay N/A TBD TBD TBD 2,367,000 42,563,000 A10 A6 + Nonstructural in Naples Bay N/A TBD TBD TBD 275,104,000 390,090,000 A11 A7 + Nonstructural in Naples Bay N/A TBD TBD TBD 275,104,000 390,090,000 A12 A1 + Critical Infrastructure + Nonstructural N/A TBD TBD TBD TBD 490,658,000 A13 Combination of justified Alternatives A2-A12 N/A TBD TBD TBD TBD 514,817,000 *EAD = Equivalent Annual Damages 25 POC: Ian Swisher RECREATION BENEFITS •Shared contract (5 Supplemental studies) for Economic Recreational Benefit Analysis using the Contingent Valuation/Travel Cost method required for annual visitation over 750,000 (Collier County has over 1.7 million annual visitors) •Information Collection Request package was submitted April 24, 2019 allowing 60 days for comment •Unit Day Value will be used through ADM milestone due to length of process for survey approval and high season survey timing requirements 26 POC: Ian Swisher 27 POC: Ian Swisher NATURAL AND NATURE BASED FEATURES Vegetative Dune Plantings •Part of beach design where dunes are included •Integrated into each alternative •Used for wave attenuation and as barrier for storm surge Mangrove Restoration •Considered across study area along Inland Bays •Integrated into Alternatives 4-12 •Used to dissipate waves and reduce storm surge Oyster Reef •Being considered along Railroad Islet •Integrated into Alternative 12 •Used to dissipate short waves and reduce erosion Naples Airport Marco IslandOuter Clam Bay Seagate Drive Birds Piping plover (critical habitat) Red knot Wood stork Fish Giant manta ray Gulf sturgeon Oceanic whitetip shark Shortnose sturgeon Smalltooth sawfish (critical habitat) Mammals Fin whale Sei whale Sperm whale West Indian manatee (critical habitat) Plants Florida prairie-clover Garber’s spurge Reptiles American crocodile Eastern indigo snake Green sea turtle Hawksbill sea turtle Kemp’s Ridley sea turtle Leatherback sea turtle Loggerhead sea turtle (critical habitat) FEDERALLY THREATENED AND ENDANGERED SPECIES Wood Stork Eastern Indigo Snake Green Sea Turtle28POC: Ian Swisher POC: Ian Swisher ENVIRONMENTAL COMPLIANCE SUMMARY Compliance Requirement Status Endangered Species Act, Section 7 Consultation to USFWS/NMFS Coordination ongoing; Biological Assessments being prepared; anticipated formal consultations Magnuson-Stevens Fishery Conservation and Management Act to NMFS Coordination ongoing;Essential Fish Habitat Assessment being prepared National Historic Preservation Act Coordination ongoing;Programmatic Agreement being prepared Coastal Zone Management Act Federal Consistency Determination being prepared Fish and Wildlife Coordination Act Coordination ongoing Clean Water Act, Section 404 Section 404(b) Evaluation being prepared Coastal Barrier Resources Act Coordination ongoing; coordination potentially required for one NNBF site29 30 POC: Ian Swisher •Generally the elevation across Collier County is very low Difficult to reduce risk from a major hurricane due to these low elevations Some geographic areas are not suitable for structural measures and are only being considered for nonstructural risk reduction solutions (E.g. Clam Pass Inland Bay Area) •Sections of private beach or beaches where adequate public access cannot be established will continue to be more vulnerable than areas where the beach profile has been reconstructed •Areas within and directly adjacent to Coastal Barrier Resource Act (CBRA) zones will not benefit from reduced risk of coastal storm damage •State parks and County nature preserves will also remain vulnerable unless the County can enter into an agreement with the State of Florida to cover additional construction costs •G2CRM model areas will be planned to the same elevation as dunes (i.e. same level of risk reduction) All structures will be vulnerable if storm surge is greater than the design dune height RESIDUAL RISK PATH TO TSP •Receive wave data from ERDC (critical) •Fine tune the structure inventory •G2CRM/Beach-fx modeling of FWOP conditions •ATR of G2CRM/ Beach-fx FWOP runs •Identification of structures for nonstructural measures •Refine structural and NNBF measures •Development of cost estimates for each alternative •Comparison of FWOP damages to costs for alternatives •G2CRM/ Beach-fx modeling of with project alternatives •Refine costs and economic modeling to identify NED Plan •IPR to discuss early NED Plan, Coordinate with NFS on NED plan, identify LPP if requested •Cultural and environmental resource surveys •Recreational benefits analysis study •Real estate depreciated valuation of structure inventory 31 POC: Ian Swisher STUDY MILESTONE SCHEDULE Signing of Feasibility Cost Share Agreement (CW130) Alternatives Milestone (CW261) IPR-Focused Array of Alternatives IPR-Preliminary Economics Tentatively Selected Plan Milestone (CW262) Release of Draft Study for Concurrent Reviews (CW250) Agency Decision Milestone (CW263) Submit Final Report Package to Vertical Team (CW160) Final Review Complete (CW170) Signed Chief’s Report (CW270) 9 Oct 2018 (A) 11 Jan 2019 (A) 7 May 2019 (A) Nov 2019 (S) Jan 2020 (S) Mar 2020 (S) Jun 2020 (S) Oct 2020 (S) Aug 2021 (S) Sept 2021 (S) 32 POC: Ian Swisher BACK-UP SLIDES S-BEACH/BEACH-FX PROFILES Beach reaches analyzed and grouped by geometry then average profiles created Average profiles converted to “Idealized” Profiles for S- BEACH and Beach-fx Range of iterative profiles determined from existing and future conditions 1 2 3 4 5 6 7a 7b 8&9 Upland Elevation (FT-NAVD)4.7 6.5 3.5 4.7 3.7 4.3 4.5 4.7 5 Dune Height (FT-NAVD)7.6 8 7.2 8 6.3 7 11.7 6.5 6.7 Dune Width (ft)10 70 78 70 60 15 12 82 63 Dune Slope 1V:5H 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 Berm Height (FT-NAVD)3.50 3.50 3.50 3.50 3.50 3.50 4.55 3.50 3.50 Berm Width (FT)10 27 13 25 17 20 70 18 18 Foreshore Slope 0.13 0.06 0.11 0.10 0.09 0.08 0.08 0.09 0.08 Upland Elevation 4.7 6.5 3.5 4.7 3.7 4.3 4.5 4.7 5 Dune Height Minimum (FT)7 8 7 8 6 7 11 6 6 Dune Height Maximum (FT)12 12 12 12 12 12 12 11 10 Dune Slope 1V:5H 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 Dune Width Minimum (FT)5 20 20 20 20 10 5 20 20 Dune Width Maximum (FT)30 70 80 70 60 30 30 80 65 Berm Height (FT-NAVD)3.50 3.50 3.50 3.50 3.50 3.50 4.55 3.50 3.50 Berm Width Minimum (FT)0 0 0 0 0 0 0 0 0 Berm Width Maximum (FT)150 150 150 150 150 140 140 140 150 Foreshore Slope Varies 0.13 0.06 0.11 0.10 0.09 0.08 0.08 0.09 0.08 Summary of North County Beaches Idealized Profiles Summary of North County Beaches Iterative Profiles S-BEACH/BEACH-FX STORMS DATABASE & EROSION 357 synthetic storms to be grouped into representative storm events for storm suite Storm season probability derived from historical data Season ID Start Date End Date Number Probability Number Probability Extratrop/Winter Dec-1 Apr-30 0 0.00 37 2.18 Tropical Early May-1 Jul-31 8 0.07 0 0.00 Tropical Peak Aug-1 Sep-30 15 0.13 7 0.41 Extratrop/Tropical Oct-1 Nov-30 13 0.11 5 0.29 Tropical ExtraTropical Erosion rates to be used to calibrate Beach-FX derived from erosion volumes provided by County from 1996 –2017 Volumes exclude fill placement volumes (CY/YR)(FT/YR) -8,538 -9.2 -6,250 -3.5 -1,440 -1.0 -17,649 -6.5 -21,257 -5.5 -1,085 -1.1 Total R-1 to GP -50245 -3.8 Park Shore & Clam Pass Naples Gordon's Pass Long Term Erosion RatesReach Wiggins Pass Vanderbilt Pelican Bay FUTURE WITHOUT PROJECT CONDITION Quantitative Verification of the FWOP done by: Beach-fx evaluates beach erosion, physical storm impacts, and damages that occur from a storm passing a shore Calibrating the existing condition in G2CRM Projecting potential suite of storms, sea level rise scenarios, wave characteristics, and inundation depths Running the forecast through G2CRM to estimate anticipated damages to structures, contents, and vehicles Population projections in Collier County show continued growth along the coastal areas Storm intensity due to higher sea levels, and nuisance/sunny day flooding will increase damages in the study area throughout the period of analysis Sea level is expected to rise over 1 foot within the next 50 years (USACE Intermediate Curve) Projects that will be implemented by the non-Federal sponsor include: Maintenance and renourishment of 7.5 miles of shoreline along North County Inland Bay areas will remain vulnerable FUTURE WITHOUT PROJECT CONDITION STRUCTURAL MEASURES CONSIDERED Structural Measure Measure Carried Forward (Y/N)Discussion Enhance Dune Geometries (height/width)Y A primary method for combating storm surge; least environmental impacts expected. Enhance Berm Geometries (height/width)Y A primary method for creating standoff and wave attenuation; least environmental impacts expected. Seawall behind beach Y A primary method for protecting against storm surge; assured critical mass that won’t erode. Storm Surge Barriers Y A primary method of preventing inland bay interior flooding. Pump Stations N Not a stand-alone measure. May be required in seawall design; already part of required engineering analysis of upland flooding. May be included as part of storm surge barrier design. Breakwaters/Wave Attenuation Devices (WADs)Y A primary method for wave attenuation; already used successfully within the project area. Groins Y A primary method for combating shoreline erosion and sand loss; already used successfully within the project area. Artificial Reefs N May be part of environmental mitigation plan; provides no benefits that contribute to planning objectives. Floodwalls Y A primary method for preventing inland bay flooding and protecting against storm surge. Rip Rap/ Stone Revetment N Not applicable to problems within the project area; erosion not causing steep slopes, escarpments, or cliffs. Rubble Reef N Designed for use offshore; intended for habitat restoration. Ring Levee N Not appropriate for protecting segmented reaches of shoreline; cost prohibitive. NONSTRUCTURAL MEASURES CONSIDERED Nonstructural Measure Measure Carried Forward (Y/N)Discussion Elevate Structures Y Appropriate for single family homes where economically justified. Reduce Risk to Critical Infrastructure Y Strategy to allow communities to more quickly recover from a storm event. Flood Proofing Y Appropriate for large high-rise condominiums; less costly than levees. Buyouts Y Appropriate to remove people and resources out of high risk areas where economically justified. Retreat Based on Elevation N Not cost effective or practical on any scale. Revise Building Code (min. elev.)N Likely will be a recommendation of the study, but outside the scope of work. Develop Comprehensive Evacuation Plan N Likely will be a recommendation of the study, but outside the scope of work. Revise Hurricane Response Plan N Likely will be a recommendation of the study, but outside the scope of work. Revise Emergency Preparedness Plan N Likely will be a recommendation of the study, but outside the scope of work. NATURAL AND NATURE BASED FEATURES CONSIDERED Nonstructural Measure Measure Carried Forward (Y/N)Discussion Vegetative Dune Plantings Y Best practice for stabilizing dunes and combating erosion. Oyster Reefs Y Native habitat to southwest Florida and can dampen wave energy to increase retention. Mangrove Plantings Y Best practice for use with infrastructure protection. EXISTING CONDITIONS: SLOSH MODEL 2016 •Based on the National Hurricane Center's Sea, Lake and Overland Surge from Hurricanes (SLOSH) model STORM SURGE RISK •Potential flooding elevations above ground level (MOMs) generated by storm surge from the worst case Category 5 hurricane at high tide. •The surge tide values represent the highest surge height reference to NAVD88. •Typically the highest surge tide values are not the surge heights predicted at the gulf coast. The highest storm tide values are usually experienced inside bays and up rivers and inlets. Category 5 hurricane Coastline EXISTING CONDITIONS: COLLIER COUNTY ELEVATION TSP SELECTION CRITERIA Damages prevented/reduced Estimated cost Life safety benefits Environmental impact or improvement Regional Economic Development benefits/impact Recreation benefits Other Social Effects ORDINANCE NO. 2019 - 1 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING 2001-03, AS AMENDED, WHICH CREATED THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE, BY AMENDING SECTION TWO, FUNCTIONS POWERS AND DUTIES OF THE ADVISORY COMMITTEE, TO ADDRESS RECURRING COASTAL WATER QUALITY ISSUES WITHIN COLLIER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,in cooperation with the City of Naples and the City of Marco Island,the Board of County Commissioners (Board) adopted Ordinance No. 2001-03, creating the Collier County Coastal Advisory Committee to assist with the establishment of unified beach erosion control and inlet management programs and advise the Board and the Tourist Development Council (TDC) of project priorities with respect to funding sources for restoration and protection of the Collier County shoreline; and WHEREAS, the Board desires to amend Ordinance No. 2001-03, as subsequently amended,to address continuous and recurring coastal water quality issues that impact all of Collier County, including the City of Naples, City of Marco Island, and City of Everglades City. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 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 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; 2005-001/1465309/1] Words Underlined are added;Words Struck Through are deleted. Page 1 of 3 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 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; and 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; and 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. SECTION TWO: 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. 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 validity 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 renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. 2005-001/1465309/1] Words Underlined are added;Words c oft are deleted. Page 2 of 3 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 ION` day of June. 2019. ATTEST:BOARD OF C• TY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER CIS' S 'IDA 6 10,J# By: ; 1 O•G.444 By: Airy As to of 'r .;t ,i Clerk W'i'iam L. McDaniel, Jr., CHAIRMAN signature on Approved, to • 4nd legality: Colle- M. reene Assistant Conty Attorney This ordinance filed with the cr cry of te's Office the and acknowl,edgeme tt fjlthat fill eceived this qday y Cleric L 2005-001/1465309/1] Words Underlined are added; Words Struck Through are deleted. d o Page 3 of 3 xa1/A 01 Gnnµ'Vi'K4.• FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State June 20, 2019 Ms. Ann Jennejohn, Senior Deputy Clerk Office of the Clerk of the Circuit Court Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples,Florida 34112-5324 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2019-10, which was filed in this office on June 20, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us