Okaloosa County BOCC — February 26, 2015 — I.d. FWC Turtle Lighting Grant — reading text

Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. DEP Agreement No. _____, Page 8 of 16  DEP Agreement No. _____ FWC Agreement No. _____ 27. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 28. Land acquisition is not authorized under the terms of this Agreement. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. _____, Page 9 of 16  DEP Agreement No. _____ FWC Agreement No. _____ IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. Okaloosa COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:________________________________________ By:_________________________________________ Title: designee Date:_______________________________________ Date:________________________________________ ____________________________________________ Pearce Barrett, DEP Contract Manager __________________________________________ DEP Contracts Administrator FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By:__________________________________________ Director, ______________________________________ Approved as to form and legality: _____________________________________________ ____________________________________________ Approved as to form and legality Approved as to form and legality FWC Attorney DEP Attorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (2Pages) Attachment B Contract Payment Requirements (1 page) Attachment C Special Audit Requirements (5 pages) Attachment D Certification of Applicability to Single Audit Act Reporting (3 pages) Attachment E Spreadsheet listing all retrofits REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. _____, Page 10 of 16  DEP Agreement No. _____ FWC Agreement No. _____ ATTACHMENT A Grant Work Plan Project Name: Lighting Retrofits on Conservation Lands and Adjacent Properties As a result of the Deepwater Horizon oil spill and associated clean-up activities, the coastal habitats and natural resources of the coastal Florida Panhandle were repeatedly disturbed and severely damaged including beach nesting habitats for loggerhead sea turtles. Site assessments of existing exterior lights were conducted by International Dark-Sky Association, Inc. (IDA) to identify exterior lights impacting nesting habitat quality within and adjacent to state, local, and federal conservation lands (i.e., within 1000 feet of nesting beach on the conservation lands). Nighttime surveys identified lights that were visible from the nesting beach within and adjacent to the conservation lands. Site-specific plans and recommendations were developed to reduce these lighting impacts through replacement of existing exterior lights with fully shielded, long wavelength fixtures. The next phase of this project, which this grant addresses, involves contacting property owners with lights identified during surveys and working with them on selecting and installing appropriate retrofit options. This will include contacting property owners to discuss retrofit options so that the specific lights are no longer visible from the beach, and executing agreements with property owners and land managers to implement appropriate modifications to identified lights. An average matching contribution from property owners and land managers of 25% will be requested. All retrofits must also comply with local lighting ordinances, and the County or its sub-contracting agent is expected to work with local government staff during implementation. The actions associated with this project will lead to increased protection of sea turtle nesting areas from disturbance by exterior lighting as part of a coordinated wildlife recovery and management program. The key locations are the following conservation lands and site specific retrofits located within 1,000 feet of the nesting beach on the conservation land. Conservation Lands : Top Sail Hill Preserve State Park Inlet Beach Grayton Beach State Park Deer Lake State Park DEP Agreement No. _____, Page 11 of 16  DEP Agreement No. _____ FWC Agreement No. _____ The Work Plan presented below outlines specific tasks that shall be performed by the Grantee and a timeline for completion of the tasks under this grant agreement. The Grantee shall provide copies of all communications regarding these tasks to the FWC Contract Manager during and throughout the grant period. Tasks: Objective and Task List: Utilizing pre-retrofit survey information, the local government or its sub-contractor shall work with private property owners to retrofit and to maintain replacement lamps (bulbs) and light fixtures, to install tinting or to take other actions as outlined in Attachment E to reduce lights visible from the nesting beach in each conservation land identified in Attachment E. The funds will be available for the retrofit execution and completion on all County-owned conservation lands) and the adjacent properties located 1,000 feet surrounding the nesting beach on the conservation land. Some of these funds will also be used to maintain the lighting retrofits once replaced over the next three years. Each retrofit project will request a matching donation ( 25%) of the total retrofit costs from each private property owner. Match may include time and labor to complete the retrofit or a paid invoice documenting electrical or mechanical work to complete the retrofit. For tasks 1-3 below see the attached excel spreadsheet with a list of properties and the lighting recommendations. Task 1: Grantee or its agent shall contact property owners for each property identified in the pre- retrofit survey completed by IDA. (See Attachment E for list) Deliverable: A report in table format by property of all successful and unsuccessful attempts to initiate contact with each property owner or local government. This table shall include date of attempted contact, method, outcome, and a timeline for subsequent interactions if entity has agreed to proceed with retrofit. Metric: Initial contacts with all property owners completed (within first two months of contract.) Timeline: Initiate contacts immediately upon execution of tri-party grant agreement; submit reports by 30th of each quarter. (End of quarters: March, June, September and December) Task 2: Work with Conservation Land Management and with Property Owners to implement and oversee retrofit projects. • Following initial contact, the Grantee or its agent shall use the recommendations from the initial pre-retrofit survey work to negotiate the specific retrofit, including matching contributions of total project cost from individual property owners. Match may be cash paid to implement the retrofit as documented by paid invoices to electricians or DEP Agreement No. _____, Page 12 of 16  DEP Agreement No. _____ FWC Agreement No. _____ construction companies or in-kind match for project implementation. Different bulbs or fixtures may be substituted for the identified light provided FWC has reviewed and approved all such substitutions prior to purchase and installation. A list of property owners who do not participate in the retrofit lights or negotiate any in-kind match will be provided. • County or their agent will develop a good faith agreement with property owners which will include at a minimum, a summary of lighting work to be completed, and a project report which can include any projected expenses and matching dollars or in-kind contributions. • The County or their agent and property owner shall install the retrofit identified for that property, including cost estimates, the financial or in-kind match, and a project timeline. The plan should specify the fixture and bulb type, and any electrical installation work. County shall document in writing with pre and post-retrofit photographs. • County or their agent will work with the electrician/electrical contractor to ensure fixtures are installed properly. • All reports and copies of good faith agreements between property owners/associations will to be submitted quarterly. Deliverable: Grantee or its agent shall produce report detailing the status and phase of retrofit property, actions taken to date, and costs incurred. Agreement between the parties will be provided as properties are retrofitted. Digital photographs documenting retrofits will also be provided for each retrofit as