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Backup Documents 02/09/2021 Item #16A19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 19 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office0116- al it)al 4. BCC Office Board of County -W (Di Commissioners c 1 �`1� �`i 5. Minutes and Records Clerk of Courts Office Pd. a-iaei ,a,-.5apA...,. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Arencibia/GMD 239-252-8345 Contact/ Department Agenda Date Item was 02/09/2021 Agenda Item Number 16A 19 Approved by the BCC Type of Document FDEP Grant 200O2 Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) • 1. Does the document require the chairman's original signature STAMP OK JA 2. Does the document need to be sent to another agency for additional signatures? If yes, JA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JA signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/09/2021 and all changes made during JA N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the `1 1 /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the �( an option for ; Chairman's signature. this line. . I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1. 6A19 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, February 16, 2021 11:06 AM To: 'ArencibiaJessica' Subject: FDEP Grant 20002 (2-9-21 BCC Meeting Item #16A19) Attachments: FDEP Grant 20002 2-9-21 Item #16A19).pdf Hi Jessica, A signed copy of the document referenced above is attached for further processing. After obtaining the necessary signatures, please return a fully executed copy to wte, so we have a complete document in the Boards records. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II ` t.tiT<Yh;kr Clerk to the Value Adjustment Board /1/4•~K Office: 239-252-8406 g. Fax: 239-252-8408 (if applicable) ; Ann.Jennejohn@CollierClerk.cow • Office of the Clerk of the Circuit Court rf���`k`<Kti� t`` r & Comptroller of Collier County 32q Tavniami Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.com i6A19 AMENDMENT NO. 1 TO AGREEMENT NO.200O2 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY This Amendment to Agreement No. 200O2 is made by and between the Department of Environmental Protection (Department),an agency of the State of Florida,and Collier County,2685 S. Horseshoe Drive, Unit 103 Naples, FL 34104 (Local Sponsor),on the date last signed below. WHEREAS,the Department entered into the Agreement with the Local Sponsor for South Marco Island Beach Nourishment effective October 11,2019; and WHEREAS,the parties wish to amend the Agreement as set forth herein as the Local Sponsor has requested updates to the Grant Work Plan, including updating the funding eligibility to increase the state cost share, and the Department has agreed;and WHEREAS,the Department is increasing the total amount of funding of the Agreement by$403,271.00 pursuant to Chapter 161.101(19), Florida Statutes; and WHEREAS,the Department is increasing the total amount of funding of the Agreement by$294,124.00 from the Fiscal Year 2020/2021 appropriation to the Project from the Beach Management Funding Assistance Program. NOW THEREFORE,the parties agree as follows: 1) Attachment 5, Special Audit Requirements, Exhibit 1 is hereby deleted in its entirety and replaced with Exhibit 1-A, attached hereto and made a part of the Agreement.All references in the Agreement to Attachment 5, Special Audit Requirements, Exhibit 1 shall hereinafter refer to Exhibit 1-A. 2) The total amount of funding of the Agreement is increased to$746,343. 3) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A, Revised Special Terms and Conditions,as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms and Conditions. 4) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A,Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A,Revised Grant Work Plan. 5) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- Agreement No.200O2 Amendment No.: I Iof2 Rev. I018/18 �b. CAP 16A19 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Collier Co my Florida Department of Environmental Protection By: By: Title: C1nO,jr Secretary or Designee Date: ciA)ru0,12 11.41 GX 6'`'1 Date: �.l LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 2-A Revised Special Terms and Conditions(2 pages) Attachment 3-A Revised Beaches Grant Work Plan (4 pages) Attachment 5, Exhibit I-A Special Audit Requirements(3 pages) ATTEST Approved as to form and legality CRYSTAL K.KINZEL,CLERK • BY: ...di 3 Assistant Count ttornoy Attest as t1 lair} a 1's Agreemeng 77n �� 2 of 2 nit Amendment No.: 1 `� Rev. 10/8/18 i 6 IA l i STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO.200O2 ATTACHMENT 2-A These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1. Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is South Marco Island Beach Nourishment.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on January 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,for actual costs not to exceed the budget amount identified in Attachment 3. ❑ 0 b. Indirect Costs,N/A. • ❑ Contractual(Subcontractors) O ❑ Travel,in accordance with Section 112,F.S. O ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2-A 1 of Rev.8/10/2020 16A19 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers'Compensation and Employer's Liability Coverage. The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10%of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and,if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement, 14. Additional Terms. None. Attachment 2-A 2 of 2 Rev.8/10/2020 ct 6A19 ATTACHMENT 3-A REVISED GRANT WORK PLAN PROJECT TITLE:South Marco Island Beach Nourishment PROJECT LOCATION:The Project is located between Department of Environmental Protection(DEP) reference monuments R-143 and G-4 along the Gulf of Mexico in Collier County, Florida. PROJECT BACKGROUND:The project consists of nourishment of 1.1 miles of shoreline between DEP monuments R-143 and G-4 in Collier County.The South Marco Island Beach Restoration was completed in 1997,with nourishment following in 2007.Nourishment was completed again in 2013,including a storm recovery component partially funded by the Federal Emergency Management Agency (FEMA)to address damages sustained during Tropical Storm Fay. The structural repair of five existing erosion control structures was completed in coordination with the 2013 nourishment project. Nourishment was completed again in 2016, including a storm recovery component partially funded by FEMA to address damages sustained during Tropical Storm Debby. Nourishment was completed again in 2020 in response to Hurricane Irma storm damages. PROJECT DESCRIPTION: This Project consists of design,construction,and monitoring. PROJECT ELIGIBILITY: The Department has determined that 53.96 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$746,343 for this Project or up to 26.98 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: https://floridadep.gov/sites/defau It/files/PhysicalMonitoringStandards.pdf DEP Agreement No.200O2,Amendment 1, Attachment 3-A, Page 1 of 4 I 6 A 1 9 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.A.C.— Florida Administrative Code FWC—Florida Fish and Wildlife Conservation Commission F.S.—Florida Statutes FEMA—Federal Emergency Management Agency TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), F.S.,including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi-disciplinary firms for Project engineering and post-construction environmental monitoring services,or when the Project engineering consultant firm subcontracts for post- construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit-required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task,unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data,surveys and final reports for permit-required work under this task description. DEP Agreement No. 200O2,Amendment 1, Attachment 3-A, Page 2 of 4 16A19 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: 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 3: Construction Task Description:This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction-phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization,construction observation or inspection services,physical and environmental surveys,beach fill,tilling and scarp removal,erosion control structures,mitigation reefs,dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits.The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida-registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. DEP Agreement No.20002,Amendment 1, Attachment 3-A, Page 3 of 4 CAr 16A19 Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost State Federal Task# Eligible Project Tasks Cost Estimated DEP Local Total Share("A) Project Costs 1 Monitoring 26.98% $76,176.00 $206.166.48 $282,342.48 2 Design 26.98% $20,235.00 $54,765.00 S75,000.00 3 Construction 26.98% $649,932.00 $1,759,007.96 $2,408,939.96 TOTAL PROJECT COSTS $746,343.00 S2,019,939.44 $2,766,282.44 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. Task Title Budget Category Amount Date Due Date 1 Monitoring Contractual Services $76,176.00 1/1/2017 3/30/2024 2 Design Contractual Services $20,235.00 1/1/2017 3/30/2024 3 Construction Contractual Services $645,885.00 1/1/2017 3/30/2024 3 Construction Salary/Fringe $4,047.00 1/1/2017 3/30/2024 Total: $746,343.00 SALARY AND FRINGE BENEFITS BY TASK:Cost reimbursable hourly and fringe rate(s)by position may not exceed those indicated below. Task/Deliverable Position Title Hourly Rate Fringe Rate(%) Number Project Manager 539.54 17.20% Senior Field Inspector $33.23 30.00% 2 Senior Environmental Specialist $24.47 17.33% Enironmental Specialist $22.Sp 17.75% v DEP Agreement No.20002,Amendment 1, Attachment 3-A, Page 4 of 4 16A19 c C y .` p y .j: p E �G V, O_ ;d a ate, o 4 ci)0. ¢U � aU o n. a L. d d L o or U O O U E ° v c c ;o .-b- 0.1 C7 0 z 4. z Q a O ,.� c E ° W N U W Q C N•p o Q u a v ,8 wu S _ _ Q Q c a u w Q 2 o U U c V ° a .. 0 L. y E c E C U L. y J L w a. F 2 o q o _ W C U o U 8 e o a, vc z w v a, w E co 2- i cq d p ° a ? . 'E Q Q ¢ .. ., Cr Cl) Q y 0 2 EA 0 E FF- y o 8 .' °' w c Z O p o ¢ d ao _to N N 2 E 0 E Q E c c - U. o Lc. E m .c .-7,3 VI -c .. d h U 2 U to 5 ti v Ls: v - 0 - c • y a e d y .• E c E y .O, E E W co 4.5 W o Q c: u - U m 0 w o cg •a. m a m ZL_ co L. fl V. °a 0. E c o r o a 'n -4) Z e E U E U O u. u_ ' Oo ° oc o O G Q 0 0 0 N C v h • Fu co es. .V+ U tr. U CZe b Ed cu L o ° u. to W W L.T. cn W W L. 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Jennejohn Subject: FW: 20CO2_A1_SOUTH MARCO ISLAND BEACH NOURISHMENT - EXECUTED Attachments: 200O2_A1 SOUTH MARCO ISLAND BEACH NOURISHMENT - EXECUTED.pdf; Billing workbook Part 1 II III IV updated 1.25.2021.xlsx FYI—thanks Jessica Arencibia Operations Analyst Co e-r County Capital Project Planning, Impact Fees & Program Management Division 2685 South Horseshoe Drive, Suite 103, Naples Florida 34104 Phone: 239.252.8345 Jessica.Arencibia CoIlierCountyFL.gov From: Koerner,Jacob X. <Jacob.X.Koerner@dep.state.fl.us> Sent: Monday, March 8, 2021 4:45 PM To: Gary.McAlpin@colliercountyfl.gov Cc:ArencibiaJessica <Jessica.Arencibia@colliercountyfl.gov>; Lehmann,Avery<Avery.Lehmann@FloridaDEP.gov>; George, Vincent<Vincent.George@FloridaDEP.gov>; Tillotson, Hanna <Hanna.Tillotson@FloridaDEP.gov> Subject: 20CO2_A1_SOUTH MARCO ISLAND BEACH NOURISHMENT- EXECUTED EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. McAlpin, RE: Executed Project Agreement 200O2 A1-Executed: Attached is a scanned, PDF copy of the executed grant agreement for the referenced project. The original is being returned to you by FedEx. Should you have any questions regarding this Agreement, please contact Avery Lehmann, Grant Administrator, at 850.245.7534 / Avery. Lehmann@dep.state.fl.us. In order to expedite the preparation of reimbursement request also attached are the Request for Payment forms (Attachment D). These electronic excel version mimic the forms in the grant agreement. If you have any questions or concerns regarding this attachment or reimbursement request processing, please contact Janice Simmons, Fiscal Administrator, at 850.245.7620 /Janice.L.Simmons(a),dep.state.fl.us. Mailing address: Department of Environmental Protection 1 16A19 AMENDMENT NO. 1 TO AGREEMENT NO.200O2 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY This Amendment to Agreement No.200O2 is made by and between the Department of Environmental Protection (Department),an agency of the State of Florida,and Collier County,2685 S.Horseshoe Drive, Unit 103 Naples, FL 34104(Local Sponsor),on the date last signed below. WHEREAS,the Department entered into the Agreement with the Local Sponsor for South Marco Island Beach Nourishment effective October 11,2019;and WI IEREAS,the parties wish to amend the Agreement as set forth herein as the Local Sponsor has requested updates to the Grant Work Plan, including updating the funding eligibility to increase the state cost share,and the Department has agreed;and WHEREAS,the Department is increasing the total amount of funding of the Agreement by$403,271.00 pursuant to Chapter 161.101(19),Florida Statutes;and WHEREAS,the Department is increasing the total amount of funding of the Agreement by$294,124.00 from the Fiscal Year 2020/2021 appropriation to the Project from the Beach Management Funding Assistance Program. NOW THEREFORE,the parties agree as follows: 1) Attachment 5,Special Audit Requirements, Exhibit 1 is hereby deleted in its entirety and replaced with Exhibit I-A, attached hereto and made a part of the Agreement.All references in the Agreement to Attachment 5, Special Audit Requirements, Exhibit 1 shall hereinafter refer to Exhibit I-A. 2) The total amount of funding of the Agreement is increased to$746,343. 3) Attachment 2,Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A, Revised Special Terms and Conditions,as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A,Revised Special Terms and Conditions. 4) Attachment 3,Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A,Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A,Revised Grant Work Plan. 5) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- Agreement No.200O2 Amendment No.: 1 1 of2 Rev I I6A14 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Collier Co my Florida Department of Environmental Protection By: By: / . Ki *all—) Title: Ctkvei,,y' Secretary or Designee Alex Reed,Director Office of Resilience and Coastal Protection Date: c lDrUspr) y- ' 496,Q\ Date: 03/05/2021 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 2-A Revised Special Terms and Conditions(2 pages) Attachment 3-A Revised Beaches Grant Work Plan (4 pages) Attachment 5,Exhibit I-A Special Audit Requirements(3 pages) A TTES t' (�hraved as to form and Legality CRYSTAL K.KINZEL,CLERK C �},a,, BY: Ansintant Count ttorney ,Attest as hai 15 Agreemennifith* Amendment No.: I 2of?_ Rcv. 1018,18 16A19 ORCP Additional Signatures Vincent George Digitally signed by Vincent George l Date:2021.03.03 13:08:50-05'00' DEP Grant Manager Digitally signed by Avery Avery Lehmann Lehmann Date:2021.03.03 14:08:18-05'00' DEP QC Reviewer Local Sponsor may add additional signatures if needed below. ! 6A19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO.200O2 ATTACHMENT 2-A These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is South Marco Island Bench Nourishment.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on January 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 he 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 • 0 Salaries/Wages Overhead/Indirect/Gencral and Administrative Costs: a. Fringe Benefits,for actual costs not to exceed the budget amount identified in Attachment 3. ❑ 0 b. Indirect Costs,N/A. • 0 Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ 0 Equipment ❑ 0 Rental/Lease of Equipment ❑ 0 Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the pan of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2-A I of2 Rev.8/10/2020 CAZ) 16A19 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: S200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers'Compensation and Employer's Liability Coverage. The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.,None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is pemnitted under this Agreement. Retainage may he up to a maximum of I0%of the total amount of the Agreement. II. Subcontracting, The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and,if the Grantee is a non-governmental entity,indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2-A 2 of 2 Rev 8/10/2020 # r4f • ! 6A19 ATTACHMENT 3-A REVISED GRANT WORK PLAN PROJECT TITLE:South Marco island Beach Nourishment PROJECT LOCATION:The Project is located between Department of Environmental Protection(DEP) reference monuments R-143 and G-4 along the Gulfof Mexico in Collier County, Florida. PROJECT BACKGROUND:The project consists of nourishment of 1.1 miles of shoreline between DEP monuments R-143 and G-4 in Collier County.The South Marco Island Beach Restoration was completed in 1997,with nourishment following in 2007.Nourishment was completed again in 2013,including a storm recovery component partially funded by the Federal Emergency Management Agency(FEMA)to address damages sustained during Tropical Storm Fay. The structural repair of five existing erosion control structures was completed in coordination with the 2013 nourishment project. Nourishment was completed again in 2016, including a storm recovery component partially funded by FEMA to address damages sustained during Tropical Storm Debby. Nourishment was completed again in 2020 in response to Hurricane Irma storm damages. PROJECT DESCRIPTION: This Project consists of design,construction,and monitoring. PROJECT ELIGIBILITY:The Department has determined that 53.96 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$746,343 for this Project or up to 26.98 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(I)(d),F.A.C.,the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment,and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below.All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item.The monitoring standards may be found at: https://floridadep.povjsites/default/files/PhysicalMonitoringStandards.pdf DEP Agreement No.200O2,Amendment 1, Attachment 3-A, Page 1 of 1CACi 16A19 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.A.C.—Florida Administrative Code FWC—Florida Fish and Wildlife Conservation Commission F.S.—Florida Statutes FEMA—Federal Emergency Management Agency TASKS and DELIVERABLES: The Local Sponsor wi II 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 I: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17Xa)(1), F.S.,all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan,consistent with Section 287.057(17)(axl), F.S.,including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi-disciplinary firms for Project engineering and post-construction environmental monitoring services,or when the Project engineering consultant firm subcontracts for post- construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit-required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task,unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; I) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data,surveys and final reports for permit-required work under this task description. DEP Agreement No.200O2,Amendment I, Attachment 3-A, Page 2 of 4 ICAO 1 6 A 1 9 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: 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 3: 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 scam removal,erosion control structures,mitigation reefs,dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits.The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida-registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. DEP Agreement No. 20002,Amendment I,Attachment 3-A, Page 3 of 4 CAC. I 6 A 1 9 Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost State Federal Task# Eligible Project Tasks Cost Estimated DEP Local Total Share(%) Project Costs 1 ,Monitoring 26.98% $76,176.00 $206,166.48 S282,342.48 2 Design 26.98% S20,235.00 $54,765.00 S75,000.00 3 Construction 26.98% $649,932.00 $1,759.007.96 S2,408,939.96 - TOTAL PROJECT COSTS S746,343.00 S2,019,939.44 S2,766,282.44 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by,the corresponding task end date. Task Task Title Budget Category Budget Task Start Deliverable No. Amount Date Due Date 1 Monitoring Contractual Services S76,176.00 l/1/2017 3/30/2024 2 Design Contractual Services S20,235.00 1/1/2017 3/30/2024 3 Construction Contractual Services 5645,885.00 1/1/2017 3/30/2024 3 Construction Salary/Fringe $4,047.00 1/1/2017 3/30/2024 Total: $746,343,00 SALARY AND FRINGE BENEFITS BY TASK:Cost reimbursable hourly and fringe rate(s)by position may not exceed those indicated below. Task/Deliverable Number Position Title Hourly Rate Fringe Rate(%) Project N./tanager539.54 17.20% Senior Field Inspector 2 S33,23 30.00% Senior Environmental Specialist $24.47 17.33% Environmental Specialist $22.50 17.75% — DEP Agreement No.20002,Amendment 1,Attachment 3-A, Page 4 of 4 i 16 * 19 $ \ i \ a ® c'E § Z. c- � /L \ , < Q. ƒ o E E { / < e \ - \ / \ Z L• \ / - - - \ C \ 2 \ o ƒ / 0 \ § . , / SC \ \ / , \ \ \ / ) j } \ ¥ _ \ @ § / \ 2 u « / 3 } \ \ 2 ° { E _ ! e 2 / ) : - w - / / - ) ) j j / E / § § } t / \ & / 3 ) z / / '{ C g / / . - 7 ' = / ° \ j \ / } / \ \ \ \ - / \ 5 ° z _ 2 \ . 2 § E 2 2 6 E \ &5 ƒ - ( C ( - 6nnC / /jk / /a} 2 - v / / z ® » 2 \ k % % ` : ° § _ _ _ § 5 \ k \ / - C 2 U } - - E - o \ .:. ) \ E ( § 3 ( G ate « / } u = « ® ( \ q / - . \ ) \ \ jj / } jj f @ .. & @ { 2g7 § = K 4 ) 2 \ r. q tee ) \ S / §_ \ = t §< _ f \ awe ° - § ƒ E § _ }.- g % > z4a A . � � � § 2 « � _ \ \ (\ 1 6 A 1 9 � • o � o g o u `3 a u 00 o 0 0 41 a „ d `� aU sC.0 VI v 'r er cream fiC) ,`1 y Q G U y y •`` E d Q Q ` v o ;? 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'i- g V V 0. 0 r a 4, 6 "R Q `h 5 e• O G] cn m q e a L h = I � G m ° ` �4 m ¢ ° �' R fi y �+ 2 E E v a c v �, 4cY COd .4 "c4 = d w twQ ,40 c c �v um .s E ra, y y ;? 6 C 6i �00 �L C E pL, p a v P ja In rJ O Vl < < o ^¢R, s I6AI9 ck \ = e \- � , /A / � } c /< 3g " y , e \ 34 • _ .. . § % ° _ // ] / \ ) ] \ \ k2 • ; _ < .» .0 \ ° ( }k / } a = ® _ ( ƒ "la /\} ƒ } E E o E/Lft { � k � u ƒ ) - / \ / \ ] § > u L; ti 7 .§ § 'E% s t / E04 1E "C • G 2 co c. $ % qs s £ 7U 7 & ) Q f\ 7 \ \\± aee2 - 6� 8 5 k} ® 2 8! 1 6 A 19 °EPAR. FLORIDA DEPARTMENT OF R°"DoSardlo M oe`° Fti, Governor Environmental Protection JeanetteNaifez z o Lt.Governor 404, o4,4, Marjory Stoneman Douglas Building MfNTAI va 3900 Commonwealth Boulevard Secretary Noah Val°nstel n Tallahassee,FL 32399 MEMORANDUM FROM: Noah Valenstein, Secretary SUBJECT: Delegations of Authority DATE: 2/1/2021 In accordance with DEP Directive 100, the following referenced delegation(s) are hereby delegated to the delegate(s) listed. Delegation Reference Delegate(s) DEL-1D, $1,000,000 Signature Authority • Alex Reed, Director of Resilience and Coastal Protection DEL-1E, Over$1,000,000 Signature • Alex Reed, Director of Resilience Authority and Coastal Protection • Adam Blalock, Deputy Secretary of Ecosystems Restoration Limitations to the delegation(s): Signature Authority is granted only for Grant Agreements, for all projects under the Beaches Management Funding Assistance Program. The exercise of these delegations shall be consistent with all applicable rules, statutes, administrative directives, policies and procedures. These delegations should be exercised with a high degree of judgment and caution. If there is any doubt whether exercising this delegated authority is inconsistent with any of the above limitations,the person whom the authority is delegated shall not exercise the authority without first consulting Noah Valenstein, Secretary. This delegation of authority revokes, replaces, and supersedes all previous delegations within the Office of the Secretary and Office of Resilience and Coastal Protection.