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Backup Documents 02/09/2016 Item #16A7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T$ 64 ? THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGMA 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 Office 4. BCC Office Board of County �SC' Commissioners \( /S 7.-VN\`b 5. Minutes and Records Clerk of Court's Office �{�, /l�J2: PRIMARY CONTACT INFORMATION v` l 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 Gail Hambright Phone Number 252-2966 Contact/ Department Agenda Date Item was 2/9/16 / Agenda Item Number 16A& Approved by the BCC Type of Document Amendment Number of Original 1 Attached Documents Attached PO number or account 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) Applic ble) 1. Does the document require the chairman's original signature? �) /Pc- 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet. 0 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 n ) Office and all other parties except the BCC Chairman and the Clerk to the Board I V 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 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 o (enter date)and all changes made during the meeting have been incorpora d in the attached document. The County Attorney's Office has reviewed the ch ges,if applicable. 9. Initials of attorney verifying that the a ached document is the version approved by the BCC, all changes directed by the BC have been made, and the document is ready for the Chairman's signature. ` g`lto 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 Col y of Collier 16 A 7 CLERK OF THE CJRCIIT COURT COLLIER COUNTYNOURTHOUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock- irk of circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustoian of County Funds February 10, 2016 Dena VanLandingham, Grant Administrator Florida Department of Environmental Protection Beach Management Funding Assistance Program 3900 Commonwealth Boulevard, MS 3601 Tallahassee, Florida 32399 Ms. VanLandingham, Attached for further processing is Project Agreement No. 15C01, South Marco Island Beach Nourishment between Collier County and the Florida Department of Environmental Protection for participation in the Beach Management Funding Assistance Program to address damages associated with Tropical Storm Fay, approved by the Collier County Board of County Commissioners on Tuesday, February 9, 2016. For all matters associated with this project please contact Collier County's Coastal Zone Management Program Project Manager Gary McAlpin, at 239-252-5342. Respectfully Submitted, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachment Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 16A7 _ , , ...,.. eI4 rvF,r. Ali O m r ac 43 8 E I J m is I> n▪ag aam�, p ❑ A tij. m - ad If= mfr d °z S H $ c❑ d �a gt tit gli-..t 211,nif LL 11 i❑ ❑ . gv — 3 9 "g it Ems • �r _ , .1 a . y > d ! X11 iz a al& a S , w . a gr k tL y E Yf F sg j51 li € 1 ; I 1,1 — � d 1 s' a �o O .t Z Z M to $1 1 d e m S , .a �s eu 12 eu 0 g �,: �.g�o Epp m e Z'r,`°, gsa y`w�-m 1S R Ux gin % g ! • .. c �9 0 o S $1g17 zi 8s d� O �4 1 41= C m S �Tac° � �, 8 Q .. f g m 4 1 11 o, c m g' 's ., g m ❑ ❑❑of tO L i o s ❑ El ' ❑f! ,i .01 i z rn Z E g IR l 3 8 -cu co rU N 9 9�� as ii Q a 0 �-u H - _ o = Y CL sn cs 0 u)• fr1 Z a a C CO fil 8 ID i=m z u co -g-.-E. ''..=''..=W v r g 41 a -6 E1 Ei 12 1 U r10 O C O W o C m A a 0 E H W U m 4^- ` a I _ a u Cil CD e Q i a .,, (/1 a E H o=e a m; B . x a O ° 0 CO Val ' a, n E„ a N m °f c ° m- LL � NZ UI 4 tJ T l22Z U ' 3 � tJ Qa0• 1¢ N M 6EEE E917 0081 x3POAO9 0081 Woo xepai. — — — — — 16A7 Ann P. Jennejohn From: Patricia L. Morgan Sent: Friday, February 19, 2016 9:19 AM To: Ann P.Jennejohn Subject: FW:fully executed Attachments: Executed FDEP agreement.pdf From: Hambright, Gail Sent: Friday, February 19, 2016 8:32 AM To: Minutes and Records Subject: fully executed Please file fully executed agreement. We just got it back. Let me know if you need anything. Thanks, gait D. Mainfvught, accountant Coastal Zone Management Capital Project Planning, Impact Fees and Program Management Department, GMD Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 Phone: (239)252-2966 Fax: (239)252-2950 Stream Fax(239)252-6502 Under Florida Law,e-mail addresses are - - n public records.If you do not want your e-mail address released sed in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 16 A 7 FDEP AGREEMENT No: 15C01 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR SOUTH MARCO ISLAND BEACH NOURISHMENT THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 3900 Commonwealth Boulevard, MS 3601, Tallahassee, Florida 32399, and COLLIER COUNTY, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is 2800 North Horseshoe Drive,Naples, FL 34104, for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program; and WHEREAS,pursuant to 62B-36.005(I)(d), Florida Administrative Code,the LOCAL SPONSOR has resolved to serve as local sponsor, has demonstrated a financial commitment to the beach erosion control project as described herein,and has the ability to perform the tasks associated with the project described herein. NOW,THEREFORE, in consideration of the mutual benefits to be derived here from,the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the SOUTH MARCO ISLAND BEACH NOURISHMENT, (hereafter referred to as the PROJECT), as defined in Attachment A (Grant Work Plan), attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement,the terms"Grantee","Recipient"and"Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on March 31,2018.Pursuant to Section 161.101 (18), Florida Statutes,and 62B-36.009, Florida Administrative Code,work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after March 1,2010,may be eligible for reimbursement by the DEPARTMENT. 3. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of nourishment of approximately 1.1 miles of shoreline between DEPARTMENT Reference Monuments R143 —G4 in Collier County. The life of the PROJECT is defined as ten(10)years following completion of each construction event.The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. Cq DEP Agreement No. 15C01, Page 1 of 12 16A7 4. For tasks, as specified in Table 1 in Attachment A, the LOCAL SPONSOR shall develop a detailed Scope of Work which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall be approved by the DEPARTMENT as to content, deliverables, and schedule prior to incorporating into the approved grant work plan as an amendment or change order to this Agreement pursuant to paragraph 39. 5. The DEPARTMENT has determined that 48.66 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 $48,405.84 for this PROJECT or up to 24.33 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. 6. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the Grant Work Plan are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in Attachment A, Table 1, shall be provided through formal amendment to this Agreement. 7. All notices and written communication between the parties shall be sent 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. Any notices between the parties shall be delivered to the contact person at the addresses below: LOCAL SPONSOR Gary McAlpin Collier County 2800 North Horseshoe Drive, Naples, FL 34104 (239)252-5342 garymcalpin@colliergov.net DEPARTMENT Dena VanLandingham,Grant Administrator Department of Environmental Protection Beach Management Funding Assistance Program 3900 Commonwealth Blvd, MS 3601 Tallahassee, Florida 32399 (850)245-2970 Dena.Vanlandingham@dep.state.fl.us Any changes from the DEPARTMENT to the contact information shown above or in paragraph 8 must be reduced to writing in the form of an email notification. 8. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin, Phone: (239)252-5342. The DEPARTMENT's Project Manager for all technical matters is Vincent George,Phone:(850)245- 2972 and the DEPARTMENT's Grant Administrator for all administrative matters is Dena VanLandingham, Phone: (850)245-2970. DEP Agreement No. 15C01, Page 2 of 12 16k? 9. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative,or employee of the DEPARTMENT. 10. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 11. Any and all equipment, products or materials necessary to perform these services,or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 12. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of funds appropriated to the DEPARTMENT. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the DEPARTMENT if Legislative appropriations are reduced or eliminated. 13. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B (Funding Eligibility), attached hereto and made a part hereof, for public beach use throughout the life of the PROJECT as established under this Agreement. The life of the PROJECT is defined as ten (10) years following the completion of each construction event commencing upon execution of this Agreement. If at any time the LOCAL SPONSOR fails to maintain the public beach access sites and public parking,the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces which are no longer available to the public for a 10-year period. All public parking must be clearly signed or otherwise designated as public beach access parking. 14. Paragraph Reserved. 15. As consideration for the satisfactory completion of the eligible work identified in Attachment A and approval of the work by the DEPARTMENT,the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost-reimbursement basis.All requests for reimbursement shall be made in accordance with Attachment C(Contract Payment Requirements),attached hereto and made a part hereof,and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.cam/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment D(Request for Payment,PARTS I—IV),attached hereto and made a part hereof. These forms are to be submitted upon completion of deliverables identified in the approved Grant Work Plan. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes.A final invoice shall be due no later than thirty (30) calendar days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits,and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes,have been obtained. The final payment will not be processed until the match requirement has been met. 16. The DEPARTMENT's Project Manager shall have thirty (30) calendar days after receipt of each request for payment to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. It is understood and agreed that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and DEP Agreement No. 15C01, Page 3 of 12 16A7 will reset when such information is received as requested by the DEPARTMENT. Upon approval of the request for payment, the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR. Retainage of 10%of the disbursement may be held on account for each deliverable in the disbursement that represents a portion of the complete subtask. The cumulative amount retained for each eligible deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty(30)calendar days of such request. If applicable,the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect,general administrative costs,and fringe benefits). 17. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager on a quarterly basis,Attachment D(Project Progress Report,Part III),as updates to the project schedule, no later than thirty (30) calendar days following the completion date of the quarterly reporting period in which the PROJECT is underway. The term"quarterly"shall reflect the calendar quarters ending March 31,June 30, September 30,and December 31. Progress reports are to be submitted electronically in Word .doc or.pdf. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed,start and finish dates,task duration,and actual start and finish dates with actual task duration. In cases where no reimbursement is sought for a given quarter, all applicable portions of the progress report must still be completed and submitted. The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. 18. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion,attached hereto as Attachment E(Project Completion Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT within sixty(60)calendar days after the PROJECT is certified complete by the LOCAL SPONSOR. 19. The LOCAL SPONSOR shall,at a minimum,comply with monetary limits for competitive acquisition of both materials and services as required by Chapters 287 and 255, Florida Statutes, as applicable, and Subsection 161.101(17), Florida Statutes,which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: 1) The contractor's maintaining an office or place of business within a particular local jurisdiction; 2) The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or 3) The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A.,a state college,county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. DEP Agreement No. 15CO1, Page 4 of 12 0 16A7 20. The applicable provisions of Chapter 161,Florida Statutes,entitled"Dennis L.Jones Beach and Shore Preservation Act",and any rules promulgated therefrom,are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 21. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However,nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 22. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days' written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s)for termination. B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days' written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered pursuant to paragraph 7 as set forth in this Agreement. C. The DEPARTMENT may terminate this Agreement in the event that all tasks identified in Attachment A, Grant Work Plan have been certified complete and approved by the DEPARTMENT, and all eligible reimbursements have been provided to the LOCAL SPONSOR. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days' written notice of its intent to terminate and shall provide the LOCAL. SPONSOR an opportunity to consult with the DEPARTMENT to verify that all eligible items have been completed and reimbursed. 23. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the event that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR shall perform the services again as needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in its sole discretion,either: 1)terminate this Agreement for failure to perform, or 2) the DEPARTMENT'S Project Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL SPONSOR to the DEPARTMENT. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. A. A CAP shall be submitted within ten(10)calendar days of the date of the letter request from the DEPARTMENT. The CAP shall be sent to the DEPARTMENT's Project Manager for review and approval. Within ten(10)calendar days of receipt of a CAP,the DEPARTMENT shall notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the LOCAL SPONSOR shall have ten (10) calendar days from receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall result in the DEPARTMENT'S termination of this Agreement for cause as authorized in this Agreement. B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP,the LOCAL SPONSOR shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to correct DEP Agreement No. 15CO1, Page 5 of 12 (7) 16A7 or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the DEPARTMENT or steps taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the DEPARTMENT as requested by the DEPARTMENT's Project Manager. C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the DEPARTMENT may result in termination of this Agreement. The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by this Agreement. 24. Records made or received in conjunction with this Agreement are public records.This Agreement may be unilaterally canceled by the DEPARTMENT for unlawful refusal by the LOCAL SPONSOR to allow public access to all documents,papers, letters,or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes and Section 24(a)of Article I of the State Constitution. 25. A. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date of this Agreement.In the event any work is subcontracted,the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The LOCAL SPONSOR understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the DEPARTMENT's Inspector General in any investigation, audit, inspection, review, or hearing. The LOCAL SPONSOR will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment F summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Administrator at 850/245-2970,to request a copy of the updated information. II DEP Agreement No. 15C01, Page 6 of 12 CA 16A7 B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment F, Exhibit 1 when making its determination. For federal financial assistance,the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the"Links/Forms"section appearing at the following website: https://apps.fldfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicabilit■ of these requirements. 27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature,the judicial branch or a state agency. Further, in accordance with Section 11.062, Florida Statutes,no state funds, exclusive of salaries,travel expenses,and per diem,appropriated to,or otherwise available for use by, any executive,judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 31. To the extent required by law,the LOCAL SPONSOR will be self-insured against,or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this PROJECT. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes,the LOCAL SPONSOR shall provide,and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. DEP Agreement No. 1 5CO1, Page 7 of 12 CA 16A7 32. A. The LOCAL SPONSOR shall secure and maintain Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each occurrence and$300,000 aggregate. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the LOCAL SPONSOR or anyone directly or indirectly employed by him. Such insurance shall include the State of Florida as an Additional Insured for the entire length of the Agreement. B. The LOCAL SPONSOR shall secure and maintain Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the LOCAL SPONSOR or by anyone directly, or indirectly employed by the LOCAL SPONSOR. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non-owned Automobile Liability Coverage C. If any work proceeds over or adjacent to water, the LOCAL SPONSOR shall secure and maintain,as applicable,any other type of required insurance,including but not limited to Jones Act, Longshoreman's and Harbormaster's,or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the LOCAL SPONSOR shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/Iscontac.htm) or to the parties' insurance carriers. D. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The LOCAL SPONSOR's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days' written notice(with the exception of non-payment of premium which requires a 10-calendar- day notice)to the DEPARTMENT's Procurement Administrator. 33. 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. 34. A. 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. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section 287.134, Florida Statutes, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity,and may not transact business with any public entity. 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. DEP Agreement No. 15CO1, Page 8 of 12 CA 16A7 35. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. LOCAL SPONSORS are prohibited from commingling funds on either a program- by-program or a PROJECT-by-PROJECT basis. Funds specifically budgeted and/or received for one PROJECT may not be used to support another PROJECT. Where a LOCAL SPONSOR's, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each PROJECT it has been awarded. B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refund,either in whole or in part,of the funds provided to the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT,the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR. 36. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. Regardless of any subcontract,the LOCAL SPONSOR is ultimately responsible for all work to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) calendar days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes. 1. The LOCAL SPONSOR may award,on a competitive basis,fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the DEPARTMENT for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the LOCAL SPONSOR shall request the advance written approval from the DEPARTMENT's Project Manager of the fixed price negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a DEP Agreement No. 15COI, Page 9 of 12 OC 16A7 detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DEPARTMENT Project Manager's approval of the fixed price amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract. 3. All subcontracts are subject to the provisions of this Agreement which affect subcontracting activities. 13. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 37. When applicable,the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287,F.S. Upon the DEPARTMENT's request,the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work. 38. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 39. The DEPARTMENT may at any time, by written order designated to be a change order, make any minor modifications, as described below. All change orders are subject to the mutual agreement of both parties as evidenced in writing.Any change,which causes an increase or decrease in the LOCAL SPONSOR's cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of a modification of deliverable due dates when such change does not involve an extension of contract,and modifying the Grant Work Plan when such modifications would not involve a decrease/increase in total cost of the Agreement or an extension of the performance period of this Agreement. 40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal,state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control PROJECT,a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control PROJECT prior to entering each individual property to conduct such activities. 42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) calendar days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused,or will be caused by a force majeure,the DEPARTMENT may,at its discretion,extend the time for performance under —/ DEP Agreement No. 15CO1, Page l0 of 12 16A7 this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the DEPARTMENT accepting,or if necessary, modifying the extension. A force majeure shall be an act of God,strike, lockout,or other industrial disturbance,act of the public enemy,war, blockade, public riot, lightning, fire, flood,explosion,failure to receive timely necessary third party approvals through no fault of the LOCAL SPONSOR,and any other cause,whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s)shall not constitute a force majeure event. 43. This Agreement may be executed in two or more counterparts,each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing(or on whose behalf such signature is executed)with the same force and effect as if such facsimile or".pdf'signature page were an original thereof. 44. 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 s. 287.057(17)(a)(1), Florida Statutes, all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the DEPARTMENT/LOCAL SPONSOR/permittee/consultant.The LOCAL SPONSOR must provide an adequate mitigation plan,consistent with s.287.057(17)(a)(1),Florida Statutes,including a description of organizational, physical, and electronic barriers to be used by the LOCAL SPONSOR, that addresses conflicts of interest when contracting multi-disciplinary firms for PROJECT engineering and post-construction environmental monitoring services, or when the PROJECT engineering firm subcontracts for post-construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. DEPARTMENT approval of the mitigation plan will be required prior to execution of this Agreement. 45. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 15CO1, Page 11 of 12 16 A7 IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: COLLIER COUNTY FLORIDA DEPARTMENT OF ' ENVIRON N AL PROTECTION By_ cl4C• , 'Po _- G( Title: Don a Department of Environmental Protection Chairman Secretary or designee Date:--4 `1 LP Date: 21`///2O/4 FEID No.59-6000558 ATTEST 1 -' DWIGHT E. BROCK,C Department of Environmental Prot_ tion ''1 'o.-• - Grant inistrator By: Attest as ' •u; li' t t./ • signs tine a y. law. Department of Environmental Protecti Approved as to form and legality Project Manager 0_dkka/YI -Iff)-t2---^ 1 APPROVED as to form and legality: Assistant County Attorney I Local Sponsor's Attorney Department o Environmental Protection (if necessary) Attorney *If someone other than the Chairman signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the Agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description(include number of pages) Attachment A Grant Work Plan(3 pages) Attachment B Funding Eligibility(I page) Attachment C Contract Payment Requirements(l page) Attachment D Request for Payment,Parts I-IV(4 pages) Attachment E Project Completion Certification(1 page) ' Attachment F Special Audit Requirements(5 pages) DEP Agreement No. 15C01, Page 12 of 12 -Z.. 1 6 A 7 1 ATTACHMENT A GRANT WORK PLAN Project Title: South Marco Island Beach Nourishment. Project Location: The PROJECT consists of nourishment of approximately 1.1 miles of shoreline between DEPARTMENT Reference Monuments R143—04 in Collier County. Project Background:Restoration was completed in 1997,with nourishment following in 2007.Nourishment was again completed in 2013, including a storm recovery component partially funded by 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. The PROJ ECT 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 technical specifications contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2014) and Processing Plan and Geographic Information System Guidelines,unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item, This plan may be found at http://w ww.dep.sta te,fLusibeaches(publ cations/pdf Physic al Mon itoringStandards.pdf. One(I)electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT,unless otherwise specified. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Estimated Eligible Project Cost State Federal Task# Eligible Project Tasks Cost Estimated DEP Local Total Share Project (%) Costs 3.0 Construction 3.12013 Storm Repair Nourishment 24.33% $803,561.19 $27,929.49 $86,864.97 $918,355.65 Subtotal $803,561.19 $27,929.49 $86,864.97 $918,355.65 4.0 Monitoring 4.1 Year 1 Post-Construction Physical $13,302.43 $41,372.57 $54,675.00 Monitoring(2014) 24.33% 4.2 Year 2 Post-Construction Physical $7,173.92 $22,311.99 $29,485.91 Monitoring(2015) 24.33% Subtotal $20,476.35 $63,684.56 $84,160.91 TOTAL PROJECT COSTS S803,561.19 $48,405.84 $150,549.53 $1,002,516.56 • Changes in PROJECT costs that increase or decrease the total funding amount shall require a formal amendment • to the Agreement. • .••• • DEP Agreement No, 15C01,Attachment A.Page 1 of 3 16A7 Project Description: The deliverables listed below are to be completed by the LOCAL SPONSOR and approved by the DEPARTMENT by the due date listed. TASK 3.0 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. The task includes work associated with eligible beach restoration construction associated with the PROJECT such as those costs approved through bids and construction-phase engineering and monitoring services.Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures,dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the DEPARTMENT. The Grantee will submit a construction activity package for task work completed during the period.The construction activity package must include: (1) An itemized summary of the materials, labor, or services to identify the nature of the work performed; the amount expended for such work; the name of the person/entity providing the service or performing the work;and proof of payment of the invoices,the period activity was performance;and (2) A certification signed by the Grantee's Project Manager as to the current cost of the PROJECT; that the materials, labor, or services represented by the invoice have been satisfactorily purchased or performed and applied to the PROJECT; that all funds expended to date have been applied toward completing the PROJECT;and (3) A certification signed and sealed by the Engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, received, approved and applied to the PROJECT, as described in the Grant Work Plan,in accordance with construction contract documents;that payment is in accordance with construction contract provisions; and that construction, up to the point of the request, is in compliance with the contract documents;and identifying all additions or deletions to the PROJECT which have altered the PROJECT's performance standards, scope, or purpose since the issuance of the DEPARTMENT construction permit. Performance Standard: The DEPARTMENT's Project Manager will review the construction activity package and other deliverables to verify that 1) work is being performed in accordance with the construction contract documents and specifications in this task description and the subtask descriptions below, and 2)the deliverables meet the specifications in this task description and the subtask description below. 3.1 2013 Storm Repair Nourishment Subtask Description: Construction of a hurricane recovery nourishment to repair damages sustained during Tropical Storm Fay was completed in 2013. Tasks eligible for cost sharing include sand placement, repair of structures,and all related management services required for the implementation of the PROJECT.The PROJECT will be cost shared with assistance from FEMA. Deliverable A:Certification of completion of construction for the 2013 Tropical Storm Fay storm repair nourishment&repair of structures.(Joint Coastal Permit(JCP)0235209-003-1C). Total Cost:$918,355.65,Non-federal cost$114,794.46(DEPARTMENT Cost$27,929.49). Due Date: December 31,2017. • DEP Agreement No. 15CO1,Attachment A,Page 2 of 3 1 6 A 7 TASK 4.0 Monitoring Task Description: This task includes a monitoring program conducted in accordance with the requirements specified in any and all permits issued by the DEPARTMENT and the US Army Corps of Engineers(USACE). Performance Standard:All deliverables,reports,and monitoring results will be circulated to the DEPARTMENT for review and comment. When the LOCAL SPONSOR receives comments from the DEPARTMENT Project Manager I)verifying that each deliverable meets the specifications in the Grant Work Plan, this task description and the subtask descriptions below and 2) affirming that the deliverable is acceptable, then payment will be authorized for that deliverable. 4.1 Year 1 Post-Construction Physical Monitoring(2014) Subtask Description: Post-Construction surveys and reports for Year 1 (2014)physical monitoring of the 2013 hurricane recovery nourishment,as required by Joint Coastal Permit(JCP)#0235209-003-JC. Deliverable A: Year | (2014)Annual Physical Monitoring Report. (JCP 0235209-003-JC). Total Cost: $54,675 (DEPARTMENT Cost$13,302.43). Due Date: December 31,2017. 4.2 Year 2 Post-Construction Physical Monitoring(2015) Subtask Description: Post-Construction surveys and reports for Year 2 (2015)physical monitoring of the 2013 hurricane recovery nourishment,as required by Joint Coastal Permit(JCP)#0235209-003-JC. Deliverable A: Year 2(2015) Annual Physical Monitoring Report.(JCP 0235209-003-JC). Total Cost: $29.485.91 (DEPARTMENT Cost$7.|7}.g2). Due Date: December}l.2Ui7. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. • DEP Agreement No. 15C01,Attachment A, Page 3 of 3 16A ? ATTACHMENT B FUNDING ELIGIBILITY SOUTH MARCO ISLAND BEACH NOURISHMENT Project Boundary: Project is located from 330' south of DEPARTMENT Reference Monument R142 and 600'south of R148. Approximate Shoreline Length: 5,629 FEET Public Access Location/Name Address R- Type of Width of Public Eligible Mon Access Access! Parking shoreline Frontage Spaces/Units (ft.) Hilton Hotel R144 NA 510 NA 510 Radisson Hotel R144.2 NA 350 NA 350 Swallow Avenue R148 Secondary 20 72 1880 2740 Total eligible shoreline length: 2,740 FEET Total project shoreline length: 5,629 FEET Percent eligible for State funding:48.66 PERCENT State cost share:24.33 PERCENT DEP Agreement No. 15C01,Attachment 13,Page 1 of 1 16A7 ORD+rir�R. . 3f ATTACHMENT C Florida Department of Environmental Protection v5° DEP 55-219 Contract Payment Requirements Required Signatures: No Signature Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category(salary,travel,expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (I) Salaries A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges,fringe benefits,other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Fringe Benefits should be supported by invoices showing the amount paid on Benefits behalf of the employee(e.g.,insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (4) Other Reimbursement will be made based on paid invoices/receipts. If nonexpendable direct property is purchased using State funds,the contract should include a provision for costs the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,for subsequent transfer to the State. (5) In-house Charges which may be of an internal nature (e.g., postage, copies, etc.) may be charges reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate, costs then the calculation should be shown. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm DEP Agreement No, I 5C0 1,Attachment C,Page 1 of I 1 6 A 7 a. . .= •.'''.... • . o ,.. 40 a C4 1:4* ...1.; I 4,4 r4 g 0 0' th•17.; ..-). a Z § 0 v b"" g4 Z or jii: 44 0 1 g ..g. ,:t. . e... F 0 -a . I . v 0 C li; '"" ,..• 1 41 '2 0 :4 Ow 0 v .2 ge .i IF .:..... , 00 a v * I CLi i ..... 0 ,,, . t 2 is t > §- . .21 v 9,T v I E .‹C., I 9 •:.4.0 ,,.: 0 ct 9 E-1 v) 1 1 F. ""o" 7,.g. 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XX;.T.I' =:5 C N a ° .a oo „ .1 ›,2 a.„ . „,, . .... .2 r1.1 9 fl 5. 9. a 7,. 5.a 8 ,,,, P....v.. .L.,,•=•.'.- to, E..?.•••3 .- CI .11 31 1 int , V — '...' 8 C *-*".r.13-a II. •• 1$.1;''' 9 Z 4C-J 1. *4 CI at fa u o > I 74 Z4 - i.'. ° ••.c "tn a..., . 0.•-• .378 4t890A-d ? v_10-19tzt 0 9 0 •P5E.'5E61. o e. 42 0 = r- g 13 .,-. j,o,a 0- s- z tt, 4v .4'''' W a. — 0 6 . • .6-: E 4s,.-ri oi 0'wi‘.0 k•-•:o os—--..-—.-.-Z 16 A 7 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 Nourishment LOCAL SPONSOR:Collier County DEPARTMENT Agreement Number: 15C01 Billing Number: Report Period: Status of Eligible Project Items:(Describe progress accomplished during report period,including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered,if applicable.) Task Eligible Project No: Item: 3.0 CONSTRUCTION 3.1 2013 Storm Repair Nourishment .••• 4.0 MONITORING 4.1 Year 1 Post-Construction Physical Monitoring(2014) • • :• .••• ..•••• .••• 4.2 Year 2 Post-Construction Physical Monitoring(2015) • ..•• • DEP Agreement No. 15C01,Attachment D,Page 3 of 4 16A7 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 Nourishment LOCAL SPONSOR: Collier County DEPARTMENT Agreement Number: 15C01 Billing Number: Certification: 1 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 Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date EE• • DEP Agreement No. 15C01,Attachment D,Page 4 of 4 16 A 7 ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION NAME OF PROJECT: South Marco Island Beach Nourishment LOCAL SPONSOR:Collier County DEPARTMENT Agreement Number: 15C01 Task Completion 0(List Task) • • Project Completion 0 *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. 15C01,Attachment E,Page I of 1 1 6 A 7 jh ATTACHMENT F e Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENT) %•.,st to° Required Signatures:No Signature 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 contract/agreement)to the recipient(which may be referred to as the "Contractor", Grantee"or other name in the contract/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 and Section 215.97, F.S., as revised (see "AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-I33,as revised. 1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,as revised.An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. 3. If the recipient expends less than$500,000 in Federal awards in its fiscal year,an audit conducted in accordance with the provisions of OMB Circular A-133,as revised, is not required. In the event that the recipient expends less than$500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133. as revised, the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hein://12.46.245.173/c fdaicfda.html. DEP Agreement No. I 5C0 1,Attachment F,Page 1 of 5 16A7 ��• `pe'r,�A ATTACHMENT F Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENT) ,'spntpt 104p6 PART II:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes. I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.EXHIBIT 1 to this 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 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than $500,000 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 $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e., 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://apns.11dfs.comlfsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htcp://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.idfs.com/ and the Auditor General's Website at hun://www.state.fl.usiaudgen. PART HI:OTHER AUDIT REQUIREMENTS • (NOTE: This part would be used to spec i6/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 21 5.97, Florida Statutes. In such an event, the State awarding agency must arrange for finding the full cost of such additional audits.) PART IV:REPORT SUBMISSION I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted,when required by Section.320(d),OMB Circular A-133,as revised,by or on behalf of the recipient directly to each of the following: DEP Agreement No. 1 5001,Attachment F,Page 2 of 5 16 A 7 3. '""•°°" ATTACHMENT F � A Florida Department of Environmental Protection ,m (SPECIAL AUDIT REQUIREMENT) '4•n i111 AY a A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: EDEPSingleAudita?dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133,as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.govlfae • C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133, as revised. • 2. Pursuant to Section .320(1), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management • letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us I 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(cdep.state.fl_us DEP Agreement No. I 5C0 I,Attachment F,Page 3 of 5 16A7 •P''' � ATTACHMENT F 4 9f Yq • Florida Department of Environmental Protection r �. (SPECIAL AUDIT REQUIREMENT) 4`•n tai Gta 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 32990-1450 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 the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingler uditi,dep.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. I5COI,Attachment F,Page 4 of 5 , 16 A 7 1 1 0 0 0 cl ,* -4.1' a P .1i •C a - . -c a„A . ,... . .,, i B 0., v - ,, • . , c) a.. < $. cr: < 71 tri 0 G WT.; ■ 0 44 g .1- 0 00 Go 2 2 0 `,.....i o S u E . 0 *, ot• 0 u 1 O , V -44, = vt 40 e," 7,3' a - . .-- 4. "a 4-4 = •5 ; Z - .= u E-4 u 4., 0• 6 9,,,..o o - --.5 , = v.) 2 -- ',4,... cA g ,,,i. ..,,, •,-, 0 .-._. ..... g 2 Q 0 0 a cl• • < 0 1. 4 Ci l) a) "Z 0 a4 Q ......,_. r.: 4 4.4 O 8 , u. o g) 73 ...., ..,) 4 j 0 = VI W. = Q 1.• U. .44 (...) 1. 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