Backup Documents 05/24/2016 Item #16A15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPy 10
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURI1 6 A 1 5
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 SRT 5-24-16
4. BCC Office Board of County 6
Commissioners i 512-q1
5. Minutes and Records Clerk of Court's Office la-10 tip 3;ti p
PRIMARY CONTACT INFORMATION 1 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 Liz Gosselin Contact Information 239-252-5867
Contact/ Department
Agenda Date Item was May 24,2016‘,./7‘
Agenda Item Number 16A15\,/
Approved by the BCC
Type of Document Department of Environmental Protection(DEP) Number of Original Three
Attached Agreement No. S0859 to recognize grant Documents Attached
funding in the amount of up to$750,000 for the
construction of the Naples Park Area/Basin
Infrastructure Optimization for Stormwater,
Water and Sewer(Phase I)
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)
I. Does the document require the chairman's original signature SIRmP SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
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 SRT
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 SRT
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 SRT
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 SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
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 May 24,2016 and all changes made SRT
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the Zie 6
BCC,all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature. -1/1714/
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revisec' I ; '-vised 11/30/12
CoitWO Collier1 6 A 1 5
CLERK OF THE CRC IT COURT
COLLIER COUNTX,COUR OUSE
3315 TAMIAMI TRL E STE 102 Dwight E.Brock-dIFrk of circuit Court P.O.BOX 413044
NAPLES,FL 34112-5324NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor ust ian of County Funds
May 25, 2016
Angela Knecht, Program Administrator
State Revolving Fund Management
Division of Water Restoration Assistance
Re: DEP Agreement No. S0859
Ms. Knecht,
Enclosed please find three (3) original agreements approved by the Board of County
Commissioners of Collier County on Tuesday, May 24, 2016. Please process and return a fully
executed original back to my office at the address below. If you have any questions, please
contact me at 239-252-8411.
Thank you,
CcLv\mASc__
Teresa Cannon, Deputy Clerk
Board's Minutes & Records Department
3299 Tamiami Trail East, Suite #401
Naples, FL 34112
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
16 A15
DEP AGREEMENT NO.S0859
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1662A OF THE FY15-16 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and COLLIER COUNTY, whose address is
3299 Tamiami Trail East, Suite 303,Naples,FL 34112(hereinafter referred to as"Grantee"),a local government,to
provide financial assistance for the Collier County Naples Park Area/Basin Infrastructure project. Collectively, the
Department and the Grantee shall be referred to as"Parties"or individually as a"Party".
En consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
1. TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and
"Recipient" are used interchangeably.
2. PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2018,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after January 1,
2016 through the expiration date of this Agreement. This Agreement may be amended to provide for
additional services if additional funding is made available by the Legislature.
3. FUNDING/CONSIDERATION/INVOICING:
A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement,the Department shall pay the Grantee on a cost reimbursement basis up to
a maximum of$750,000. It is understood that any additional funds necessary for the completion
of this project are the responsibility of the Grantee. The parties hereto understand and agree that
this Agreement does not require a match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement. Changes to approved budget categories within a single deliverable that are less than
10% of the total approved deliverable budget amount will require a formal Change Order to the
Agreement. Changes that are 10%or greater of the total approved deliverable budget amount, or
changes that transfer funds from one deliverable to another deliverable,or changes that increase or
decrease the project's total funding amount will require a formal Amendment to the Agreement.
•
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B,
Payment Request Summary Form. To be eligible for reimbursement, costs must be in
compliance with laws, rules and regulations applicable to expenditures of State funds, including,
but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: ,,<<,-) o.ti avti .1_1t1,1 All invoices for
DEP Agreement No.S0859,Page 1 of 11
Osia.
1 6 A 1 5
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. A final payment request should be submitted to the Department no tater than
sixty (60)calendar days following the completion date of the Agreement,to assure the availability
of funds for payment. All work performed pursuant to Attachment A must be performed on or
before the completion date of the Agreement, and the subsequent sixty-day period merely allows
the Grantee to finalize invoices and backup documentation to support the final payment request.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set
forth in Attachment C, Contract Payment Requirements. The Payment Request Summary
Form shall be accompanied by supporting documentation and other requirements as follows for
each deliverable:
i. Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours spent on the
project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. For fixed-price
(vendor)subcontracts,the following provisions shall apply:
a. The Grantee 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 (i.e., Invitation to Bid
or Request for Proposals)resulting in the fixed-price subcontract.
b. The Grantee 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 Grantee shall request the advance
written approval from the Department's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a detailed
budget and Scope of Services to be performed by the subcontractor. Upon
receipt of the Department Grant Manager's approval of the fixed-price amount,
the Grantee may proceed in finalizing the fixed-price subcontract.
c. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, 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. This information, when requested, must be
provided within thirty (30) calendar days of such request. The Grantee 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). State guidelines for allowable costs can be
found in the Department of Financial Services' Reference Guide for State Expenditures at
http://www.myforidacfo.com/aadir/reference ouidei.
DEP Agreement No. S0859, Page 2 of 11 (12
16A15
6
F. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program-by-
program or a project-by-project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
ii. 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
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee, 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 Grantee to the date
repayment is made by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee 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 Grantee to the date repayment is made to the Department by the Grantee.
4. ANNUAL APPROPRIATION:
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. 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.
5. REPORTS:
A. The Grantee shall utilize Attachment D, Progress Report Form,to describe the work performed
during the reporting period, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. Quarterly reports shall be submitted to the
Department's Grant Manager no later than twenty (20) calendar days following the completion of
the quarterly reporting period. It is hereby understood and agreed by the parties that the term
"quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and
December 31. The Department's Grant Manager shall have thirty(30)calendar days to review the
required reports and deliverables submitted by the Grantee.
B. As stated in the letter dated July 17, 2015 from the Office of the Governor, the Grantee will
identify the return on investment for this project and provide quarterly updates to the Governor's
Office of Policy and Budget.
6. RETAINAGE
Retainage is not required under this Agreement.
DEP Agreement No. S0859, Page 3 of 11
•
16A15 6
7. INDEMNIFICATION:
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.
8. DEFAULT/TERMINATION/FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or
misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its
obligations under this Agreement. Prior to termination, the Department shall provide thirty (30)
calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity
to consult with the Department regarding the reason(s)for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar day's written notice. If the Department terminates the Agreement for
convenience, the Department shall notify the Grantee of such termination, with instructions as to
the effective date of termination or specify the stage of work at which the Agreement is to be
terminated. If the Agreement is terminated before performance is completed, the Grantee shall be
paid only for that work satisfactorily performed for which costs can be substantiated.
C. 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 Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in
conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes
(F.S.),and Section 24(a),Article I, Florida Constitution.
D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee 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 Grantee'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 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
Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise,that
is not reasonably within the control of the Grantee and/or the Department. The Grantee is
responsible for the performance of all services issued under this Agreement. Failure to perform by
the Grantee's consultant(s)or subcontractor(s)shall not constitute a force majeure event.
9. REMEDIES/FINANCIAL CONSEQUENCES:
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 Grantee shall re-perform the services 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
DEP Agreement No. S0859,Page 4 of 11
failure to perform,or 2)the Department Grant Manager may,by letter specifying the failure of performance
under this Agreement, request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee 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 Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
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 Grantee 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 Grantee of any of its obligations under the Agreement.
In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, 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
Grantee shall preclude the Department from subsequently asserting any deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
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 the Agreement.
10. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with United States generally accepted accounting principles(US
GAAP)consistently applied. The Department,the State,or their authorized representatives shall
have access to such records for audit purposes during the term of this Agreement and for five(5)
years following the completion date or termination of the Agreement. In the event any work is
subcontracted,the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
B. The Grantee 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
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing,on its subcontractors.
11. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
DEP Agreement No. S0859,Page 5 of 11
0
16A15 6 A
Exhibit 1, the Grantee shall notify the Department's Grant Manager to request a copy of the
updated information.
B. The Grantee 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 Grantee shall
consider the type of financial assistance(federal and/or state) identified in Attachment E, Exhibit
when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found
under the"Links/Forms"section appearing at the following website:
https://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
12. SUBCONTRACTS:
A. 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 paragraph 3.D.
of 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. The Grantee agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to
any subcontractor for any expenses or liabilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B. The Department of Environmental Protection 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.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
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:
The contractor's maintaining an office or place of business within a particular local
jurisdiction; or
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction;or
iii. 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
DEP Agreement No. S0859, Page 6 of I I
16A15
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
14. LOBBYING PROHIBITION:
In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by
this Agreement for the purpose of lobbying the Legislature,the judicial branch or a state agency. Further, in
accordance with Section 11.062, F.S., 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.
15. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee 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 Grantee further agrees to include this provision in all subcontracts issued as a result of
this Agreement.
16. NOTICE:
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.
17. CONTACTS:
The Department's Grant Manager(which may also be referred to as the Department's Project Manager)for
this Agreement is identified below:
Pankaj Shah
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd., MS#3505
Tallahassee,Florida 32399
Telephone No.: 850-245-2962
E-mail Address: Pankaj.Shah@dep.state.fl.us
The Grantee's Grant Manager for this Agreement is identified below:
Liz Gosselin
Collier County
2800 North Horseshoe Drive
Naples,FL 34104
Telephone No.: 239-252-5867
E-mail Address: LizGosselin@colliergov.net
18. INSURANCE:
To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and
categories specified below, during the life of this Agreement. The Grantee shall provide documentation of
any private insurance or self-insurance, as may be applicable to governmental entities, to the Department's
Grant Manager prior to performance of any work pursuant to this Agreement.
DEP Agreement No. S0859, Page 7 of 11
A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees
connected with the work of this project and, in case any work is subcontracted, the Grantee shall
require the subcontractor similarly to provide Workers' Compensation Insurance for all of its
employees unless such employees are covered by the protection afforded by the Grantee. Any
self-insurance program or insurance coverage shall comply fully with the Florida Workers'
Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and
cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the
protection of its employees not otherwise protected.
B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure
and maintain, Commercial General Liability insurance including bodily injury and property
damage. The minimum limits of liability shall be$200,000 each individual's claim and$300,000
each occurrence. 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 Grantee or any of its subcontractors. Such insurance shall include the State
of Florida,the Department,and the State of Florida Board of Trustees of the Internal Improvement
Trust Fund,as Additional Insureds for the entire length of the Agreement.
C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly 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 Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the
Department,and the State of Florida Board of Trustees of the Internal Improvement Trust Fund,as
Additional Insureds for the entire length of the Agreement. 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
D. If any work proceeds over or adjacent to water, the Grantee 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 Grantee 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.
E. All insurance policies shall be with insurers licensed or eligible to do business in the State of
Florida. The Grantee'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. In addition, the Grantee shall include these
requirements in any sub grant or subcontract issued for the performance of the work specified in
Attachment A,Grant Work Plan.
F. If the Grantee is a Florida governmental entity that is self-funded for liability insurance, this
paragraph 18.F. supersedes I 8.A. through E.,above.
Grantee warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
DEP Agreement No. S0859, Page 8 of II
16A15
6 5
Grantee's officers, employees, servants and agents while acting within the scope of their
employment with the Grantee.
Grantee warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their
employment with the Grantee.
19. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
20. EQUIPMENT:
Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Agreement.
21. CHANGE ORDERS:
The Department may at any time, by written Change Order, make any change in the Grant Manager
information, task timelines within the current authorized Agreement period, or make changes that are less
than 10%of the total approved deliverable budget(per Paragraph 3). 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 Agreement amount,expiration date of the Agreement,or deliverable costs that are equal to or greater
than 10% of the total approved deliverable budget (per Paragraph 3), shall require formal Amendment to
this Agreement.
22. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The
Grantee shall be responsible for including this provision in all subcontracts with private organizations
issued as a result of this Agreement.
23. DISCRIMINATION:
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, F.S., 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.
24. LAND ACQUISITION:
Land acquisition is not authorized under the terms of this Agreement.
DEP Agreement No. S0859,Page 9 of 11
16A15
25. PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work,or
storing or staging equipment, materials or documents;and
B. Grantee shall permit inspection of any facility,equipment,practices,or operations required in
performance of any work pursuant to this Agreement;and
C. Grantee shall allow and facilitate sampling and monitoring of any substances,soils,materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
26. EXECUTION IN COUNTERPARTS.
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.
27. SEVERABILITY CLAUSE:
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.
28. ENTIRE AGREEMENT:
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. S0859, Page 10 of 111E)
1 6 A 1 5
IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed,the day and year
last written below.
COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: V ♦_ .. I )Q 1 By:
Donna :la,C.•irman* Secretary or Designee
Date: Date:
FEID No.:59-6000558
Pankaj Shah,DEP Grant Manager
DEP QC Reviewer
*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(5 Pages)
Attachment B Payment Request Summary Form(2 Pages)
Attachment C Contract Payment Requirements(1 Page)
Attachment D Progress Report Form(I Page)
Attachment E Special Audit Requirements(5 Pages)
ATTEST ..,
Approv as and legality 0
DWIGHT E. BROCK,CLERK
Le
�� ,�• R.Teach, Deputy County Attorney
Attest•as:to Chairman's,
srgnattire oily.
DEP Agreement No. S0859,Page 11 of 11
41
5
16A15
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Collier County Naples Park Area/Basin Infrastructure Optimization for Stormwater,Water and
Sewer
PROJECT AUTHORITY: Collier County (Grantee)received funding from the Florida Legislature in the amount
of $750,000 through Specific Appropriation Line Item No. I662A, Fiscal Year (FY) 2015 — 2016, General
Appropriations Act.The Grantee received this funding for the purpose of addressing stormwater management,water
and wastewater distribution issues. Monitoring and auditing guidelines,as related to the Florida Single Audit Act,are
specified in the Florida Catalog of State Financial Assistance(CSFA),No. 37.039.
PROJECT LOCATION: The Project will be located in Naples Park, which is located within the unincorporated
area of North Naples in Collier County,Florida.See Figure 1 for a location map.
PROJECT BACKGROUND: The Project integrates stormwater,water and wastewater elements to achieve capital
improvement efficiencies, maximize community convenience and to protect impaired water bodies in a financially
disadvantaged community (Low Income Census Block Group), Naples Park Community. The Naples Park
Community, which began developing in the 1950s, encompasses twenty-one (21) streets. The goal of the overall
program is to target one(1)to two(2)streets per phase to address stormwater,water and wastewater issues.The FY
2015-2016 phase will include improvements along 110th Ave.N and 107th Ave.N within the community.
The stormwater collection system historically consisted of roadside ditches and driveways with a culvert pipe to allow
storm water to flow under and through the driveway. Most of these culverts and piping are too small,are installed at
improper elevation,have reached the end of their typical life span,and are in need of replacement.Significant sections
of the streets within this community experience chronic flooding during normal or slightly above normal rainfall
conditions due to poor conditions of the internal street side collection and conveyance system.
The potable water system was installed over 40 years ago and is made out of asbestos cement pipe that has reached
the end of its useful life. Due to the pipe's age and environment, there is an ever increasing number of water main
leaks and breaks,which directly affects the Collier County Water and Sewer District's ability to supply uninterrupted
service to its customers. There are a limited number of isolation valves in this area,limiting operational control during
maintenance of the distribution system. The system also lacks a sufficient number of fire hydrants, limiting the fire
protection in the area.
The sewer system was also installed over 40 years ago and due to its age,the vitrified clay pipe gravity sewer system
needs to be replaced. Related infrastructure is aged. Replacement is needed to minimize the likelihood of sanitary
system overflows in environmentally sensitive areas and ensure continued effectiveness of the wastewater collection
infrastructure.
PROJECT DESCRIPTION: The Grantee intends to address stormwater management, water and wastewater
distribution issues along 110'h Ave.N and 107th Ave.N. The proposed project is for basin infrastructure optimization
for stormwater, water, and sewer. Stormwater improvements will provide stormwater runoff collection and
conveyance improvement. As well as a reduction of potential flooding for private property by replacing deteriorated
culverts, installing perforated pipes, and reconstructing the roadside stormwater management system. Water quality
improvements, prior to discharge into Vanderbilt Lagoon, will be made by installing perforated pipes and
reconstructing the swale system, which promotes water infiltration into the ground, and the installation of
sedimentation traps.Water improvements will provide minimization of potable water service interruptions to residents
and businesses in Naples Park by removing old asbestos-concrete pipes and installing new PVC pipes; better
distribution system by upgrading the diameter of pipes; fire protection system by replacing old hydrants and installing
additional hydrants in the area; and protection of the water distribution system by installing back flow preventers for
each service connection. Sewer/wastewater improvements will provide assurance and effectiveness of the wastewater
collection; minimization of the likelihood of sanitary system overflows in environmentally sensitive areas;
replacement of old clay pipes with PVC pipes,replacement of old force mains;and rehabilitation and replacement of
pump stations.
DEP Agreement No. S0859, Attachment A, Page 1 of 5
0
1 6 A 1 5
TASKS and DELIVERABLES:
Task 1: Construction(Stormwater)
Task Description: The Grantee will construct stormwater improvements in accordance with the final design(s)and
required permits. These improvements will provide collection,treatment,and conveyance of stormwater by replacing
culverts and reconstructing roadside swales. This component will eliminate undersized and aged culverts, address
elevation issues and improve water quality treatment.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than
once per month. The outlined Interim Deliverable(s) must have been submitted and accepted in writing by the
Department's Grant Manager prior to payment request submittal.
Deliverables la: I) signed acceptance of the completed work by the Grantee , 2)Contractor's Application and
Certification for Payment,3)Dated color photographs of on-going work representing time period covered in payment
request.These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no
more frequently than monthly.
Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify
that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in
accordance with the Grantee's construction contract documents and specifications. Upon review and written
acceptance of each interim deliverables submittal by the Department's Grant Manager,the Grantee may proceed with
payment request submittal for costs associated with that submittal period under this task.
Contractor's Certification of Payment Request should include the following supporting documentation:
I. An itemized summary of the materials, labor, and/or services utilized during the period for which
payment is being requested.
2. The summary should 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;proof of payment of the
invoices;and evidence of all work conducted for which a request for payment is being made.
3. Evidence may include references to any drafts or partially-complete designs,surveys,environmental
documents and/or permit applications,drawings,and specifications(which must be made available
upon request);and documentation demonstrating partial completion of construction activities.
Deliverable lb: Stormwater improvements constructed as described in this task, as evidenced by these final
deliverables: I) Dated color photographs of the construction site(s) prior to, during, and immediately following
completion of the construction task; 2) written verification that the Grantee has received record drawings and any
required final inspection report(s)for the project;3)signed acceptance of the completed work by the Grantee;and 4)
signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in
accordance with the design.
Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet
the specifications in the Grant Work Plan and this task description and that work is being performed in accordance
with the Grantee's construction contract documents and specifications. Upon review and written approval by the
Department's Grant Manager of all final deliverables under this task,the Grantee may proceed with payment request
submittal.
Task 2: Construction(Water)
Task Description: The Grantee will construct water improvements in accordance with the final design(s) and
required permits. The installation of new water mains seeks to replace asbestos-concrete pipes. The mains will be
replaced with 6-inch and 8-inch PVC pipe along with additional fire hydrants meeting current Insurance Services
Office standards for urban firefighting and to assure delivery of potable water to residents.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than
once per month. The outlined Interim Deliverable(s) must have been submitted and accepted in writing by the
Department's Grant Manager prior to payment request submittal.
Deliverables 2a: 1) signed acceptance of the completed work by the Grantee , 2)Contractor's Application and
Certification for Payment,3)Dated color photographs of on-going work representing time period covered in payment
request.These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no
more frequently than monthly.
Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify
that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in
accordance with the Grantee's construction contract documents and specifications. Upon review and written
DEP Agreement No. 50859, Attachment A, Page 2 of 5
1 () A 1 5
acceptance of each interim deliverables submittal by the Department's Grant Manager,the Grantee may proceed with
payment request submittal for costs associated with that submittal period under this task.
Contractor's Certification of Payment Request should include the following supporting documentation:
1. An itemized summary of the materials, labor, and/or services utilized during the period for which
payment is being requested.
2. The summary should 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;proof of payment of the
invoices;and evidence of all work conducted for which a request for payment is being made.
3. Evidence may include references to any drafts or partially-complete designs,surveys,environmental
documents and/or permit applications,drawings,and specifications(which must be made available
upon request);and documentation demonstrating partial completion of construction activities.
Deliverable 2b: Water improvements constructed as described in this task,as evidenced by these final deliverables:
I) Dated color photographs of the construction site(s)prior to,during, and immediately following completion of the
construction task; 2) written verification that the Grantee has received record drawings and any required final
inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed
statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance
with the design.
Performance Standard:The Department's Grant Manager will review the final deliverables to verify that they meet
the specifications in the Grant Work Plan and this task description and that work is being performed in accordance
with the Grantee's construction contract documents and specifications. Upon review and written approval by the
Department's Grant Manager of all final deliverables under this task,the Grantee may proceed with payment request
submittal.
Task 3: Construction(Wastewater)
Task Description: The Grantee will construct wastewater improvements in accordance with the final design(s)and
required permits. This task will include the replacement of wastewater gravity mains,force mains and pump stations.
The installation of new wastewater mains seeks to replace all PVC and clay pipes.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than
once per month. The outlined Interim Deliverable(s) must have been submitted and accepted in writing by the
Department's Grant Manager prior to payment request submittal.
Deliverables 3a: 1) signed acceptance of the completed work by the Grantee , 2)Contractor's Application and
Certification for Payment,3)Dated color photographs of on-going work representing time period covered in payment
request.These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no
more frequently than monthly
Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify
that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in
accordance with the Grantee's construction contract documents and specifications. Upon review and written
acceptance of each interim deliverables submittal by the Department's Grant Manager,the Grantee may proceed with
payment request submittal for costs associated with that submittal period under this task.
Contractor's Certification of Payment Request should include the following supporting documentation:
1. An itemized summary of the materials, labor, and/or services utilized during the period for which
payment is being requested.
2. The summary should 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;proof of payment of the
invoices;and evidence of all work conducted for which a request for payment is being made.
3. Evidence may include references to any drafts or partially-complete designs,surveys,environmental
documents and/or permit applications,drawings,and specifications(which must be made available
upon request); and documentation demonstrating partial completion of construction activities.
Deliverable 3b: Wastewater improvements constructed as described in this task, as evidenced by these final
deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following
completion of the construction task; 2) written verification that the Grantee has received record drawings and any
required final inspection report(s)for the project;3)signed acceptance of the completed work by the Grantee; and 4)
signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in
accordance with the design.
DEP Agreement No. S0859, Attachment A, Page 3 of 5
5
16 A1
PROJECT TIM ELINE: The tasks must be completed by the end of each task timeline and all deliverables must be
received by the designated due date.
Task/ Deliverable Due Date/
Deliverable No. Task or Deliverable Title Task Start Date Task End Date Frequency
1 Construction(Stormwater) 4/1/2016 6/30/2018
As needed,no more
Ia Interim deliverables frequently than monthly
Ib Final deliverables 6/30/2018
2 Construction(Water) 4/1/2016 6/30/2018
As needed,no more
2a Interim deliverables frequently than monthly
2b Final deliverables 6/30/2018
3 Construction(Wastewater) 4/1/2016 6/30/2018
As needed,no more
3a Interim deliverables frequently than monthly
3b Final deliverables 6/30/2018
BUDGET DETAIL BY TASK:
Task No. Budget Category Budget Amount
l Contractual Services $375,000
2 Contractual Services $187,500
3 Contractual Services $187,500
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the
project as indicated below.
Category Totals Grant Funding,Not to Exceed,$750,000
Contractual Services Total $750,000
Total: $750,000
DEP Agreement No. S0859,Attachment A, Page 4 of 5
I
16A15 6 A 5
Figure 1
1,..
s. / "F '„,,,__..14.1,;
-�l„..00,,,„,
a' .1�j xm i� ,„0.,1 "'� [g"' 5 •F i �' "PTA r R 'N '
g �d n�ru1. �a, , YYY
�I i e y «�fix. 2 r ° y 1 r � - g#gE wa � l
�BluebillAVE "t :; 111th AVE N'''''‘f.-z.,,,,.., '��% - .Immokale.W
z B.nod AV t1 in ._ _ . .ar - imrtd •
'�$ e" w T � 4ti MI. '^ ^ .e� 111 .AyE.i; a.�"`.n.. l��r s., '. E�-, f : '7::-• "�, ::;,,,.,•'',
i7kk �4, 3{,. i A r., .. 'L UBS 1°3'"1,fi E i �9 i .�''r i`i` {„, ? r d .1f 4 yw j�•{',/ �,W,,�*,��
` -.1..7,7:,'-/444,
AVE'; +ii , $ er ' x f.t.14 ,� A.".*}s T i'7 1544 s � ,14"•1. 6,r 5 '
il
' `161'.
r° y SAVE i OAS' k,�i", ,E�4.2v • :. S^GA.' 4 LV.' }r� -1
iviitfibt.
i .., 'AVE'
SS` 79Tth.A,...;-:::,'..,,,,,4'
iv x '6„` �.!'�" 6{
,. .,,,,,,. .„,,,,,, ,c„..
° e r7i�` # y 4 H erg#hX' �`�: 4M"!°, .". a y E „ . t)6':r.t"
P g � -. 3'. u*�,m a, A. 7 A E +ei.. �['t*!'9. r .z�.v- a t. ' V 3'ti
� r� � 9 � o Sar O.n
C < a , . , � : FY15 16 Phase: 107th Ave-and 110th Ave v�
etc+ si`> Yir; a �A4 E y '''' '6' M i, b E .•,.i'; s °a "
p,g,.. .w: . + '"' tel,. '' �},4 t� �•, rr" i.t',.,:.,* r
t t ..',5,4',1! R 5�t ",#f -,...,,,,,,,;;=9' at 3 ', -4th A q', ,a ,goy +*4 `' D
Y N'?a rctysW E..� r ��It' tt" .+E . ki�,� ,+ ,�•
�r� taypo AV 71� !^ t'" !'1.;;„-,,,,,1
��" i '���ttlt5 ��� 'rv' �1 i
' .-, ......1� •s;' .yAt.J 'I. 1lhAV a a' a41 1� a
c ''''' - �' '. ''ft .., �,>„ Aye _ �� w., .
nn s vt k l•L.
iu.
H ;PmtsA E .A:olgwi7��i�Pt �5i* *7' is?i;;� "'i. ''s'+ �`
, ,,,. 3
� lioilii
x�',e�,�� .II,�a iih� ,,. ��H"1� }�: 3,112 � � ��� ., t * .... `4..�"r{..4 ''•.,-
V
`n
GU ,*.40,"'11,-:-;
X P•' 4` i a r 'o � � 6. Multi-year Project Area
.� , . 4 , 1 7 Bei h "" ,J�IW r i • '1 ` 4 4 ,.
4
,. , F
4.i.,,,„.,...,,,,,,,,,,, 1
a '`2!„tnca ��.
� ����� � " �' � '' 'aY�',�r �'� �
r ,t,,,:.?:`,4':\.:„44- :-,1z,-....
,I-0,,,,: ‘,, ,,,,. ,-.4.c:
,..„. . s �.„1.w a.
�@ f! -,„,,,,,7„,,,-,....,........„
1 � b 1' �, S,�'
d 'r �` `1 ` i .,��.� c� ��zc„� „�, �i1!�9p�Ch/j � � ��'t' �: . �r; � r i�`�rsq#
01,110.
A it
Q 0.2 Q. t :t,''''',-1,,,, v' Y''k,';•;',"..,,Aitr'.**sit'17-,,z-- 4'1' fts,,.' w• r. . .''.,. ' " 4 m.L • . s, ''''`.:„...'",,-,11,164• , ,r
ire{ar it County S1o1 T .%,,40,-,:440A‘,
f ",. 4\14:11115
14•,',„4L#,$� :4'
>p d i m " ' # O
11+23115 ' > 4ks°�+• ?x .Lr WkY �o;t r :lr c:. r ' x• 1/4 a.:
DEP Agreement No. S0859, Attachment A, Page 5 of 5
1 6 A 1 5
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.: Agreement Effective Dates:
Grantee: Grantee's Grant Manager:
Mailing Address:
Payment Request No. Date of Payment Request:
Performance Period (Start date—End date):
Task/Deliverable No(s). Task/Deliverable Amount Requested: $
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE
PAYMENT THIS REQUEST MATCHING
REQUESTS FUNDS
Salaries/Wages $N/A $N/A $N/A $N/A
Overhead/Indirect/G&A Costs $N/A $N/A $N/A $N/A
Fringe Benefits $N/A SN/A $N/A $N/A
Indirect Cost $N/A $N/A $N/A $N/A
Contractual(Subcontractors) $ $ $ $
Travel(if authorized) $N/A $N/A SN/A $N/A
Equipment Purchases(if authorized) $N/A $N/A $N/A $N/A
Rental/Lease of Equipment $N/A $N/A $N/A $N/A
Other Expenses $N/A $N/A $N/A SN/A
Land(if authorized) $N/A $N/A $N/A $N/A
TOTAL AMOUNT $ $ $ $
TOTAL TASK/DELIVERABLE $ $
BUDGET AMOUNT
Less Total Cumulative Payment $ $
Requests of:
TOTAL REMAINING IN TASK $ $
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the above
cited grant activities.
Attachment B,Page 1 of 3
1 6 A 1 5
Grantee's Certification of Payment Request
1,
(Print name of Grantee's Grant Manager designated in the Agreement)
on behalf of , do hereby certify that:
(Print name of Grantee/Recipient)
ll The disbursement amount requested is for allowable costs for the project described in Attachment A of
the Agreement.
El All costs included in the amount requested have been satisfactorily purchased, performed, received, and
applied toward completing the project; such costs are documented by invoices or other appropriate
documentation as required in the Agreement.
2 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts.
Check all that apply:
❑ All permits and approvals required for the construction, which is underway, have been obtained.
❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits.
❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided
services for this project during the time period covered by this Certification of Payment Request,and such
certifications are included:
Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy)
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
Attachment B, Page 2 of 3
•
1 6 A m
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name of the grantee's agency.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for(must agree with the current Grant Work Plan).
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGET AMOUNT"line for the"AMOUNT OF THIS REQUEST"column.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was expended for this task during the period
for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the
current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an
approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the
column total on the"TOTAL AMOUNT'line. Enter the amount of the task on the"TOTAL TASK BUDGET AMOUNT'
line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE
PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the
"TOTAL TASK BUDGET AMOUNT" for the amount to enter on the"TOTAL REMAINING IN TASK' line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the final request(this amount cannot exceed the approved budget amount for that budget category for the task
you are reporting on). Enter the column total on the"TOTALS"line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the
task you are reporting on. This needs to be shown under specific budget categories according to the currently approved
Grant Work Plan. Enter the total on the"TOTAL AMOUNT' line for this column. Enter the match budget amount on
the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any
previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF"line for this column. Deduct the"LESS
TOTAL CUMULATIVE PAYMENTS OF'from the"TOTAL TASK BUDGET AMOUNT'for the amount to enter on the
"TOTAL REMAINING IN TASK" line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to
date for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should
show the total of all claims, first claim through the final claim,etc. Do not enter anything in the shaded areas.
GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers
that certified work or services completed during the period included in the request for payment. Must be signed by
both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services,Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
Attachment B,Page 3 of 3
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
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:
(1) 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 Benefits: Fringe Benefits should be supported by invoices showing the amount paid on 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 or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for 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: Charges which may be of an internal nature(e.g.,postage,copies,etc.)may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http:i/www.fldfs.com/aadir/reference_guide.htm
Attachment C,Page I of I
020
1 6 A 1 5
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Grant Manager: Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
III
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
Attachment D,Page 1 of 1
16A15
6 1.
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
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-133,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 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. 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 1, 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).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
Attachment E,Page I of 5
16A15
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.
1. 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 11, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
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://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at
http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART Ill: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for finding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. 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-I33,as revised, by or on behalf of the recipient directly to each of the following:
Attachment E, Page 2 of 5
16A A, IT
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit n,dep.state.t1 us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(I) 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.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised.
2. Pursuant to Section .320(0, 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 one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit(a?dep.state.fl.us
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 one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit,c.dep.state.fl.us
Attachment E, Page 3 of 5
0
mtA 1 5
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
11 l West Madison Street
Tallahassee,Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit`dep.state.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
Attachment E,Page 4 of 5
O
o o 0 E•�
Q .- o � .' `0 a) .-. o U s
s O. N O. u) `n. N 00 .. x C
aU aU n.U c
d a a c1 elk, c`a
4 ? Q = o °:
y U
S f �-1 N c0 .VI
C Z a 'y 4� •a
F E �^ E O O E y U
4-4
¢ O0 c0 O 81
0) -., 0)
OA O
C y C C C O O V+v
N
'O 1. Cn ^ D N U .
0 ° • i 4)
u . f t
U 'b
tu
W y Lw., 10
CA . .1) c.i
3 ° aa)
SO 0o qo 5
O � c0
aA v o o b . 4. -a ° y 4p o o •C., y U H c
U C
w �g o
V G N
c z
= F
y_ 0 ' 4
. v
c E-• 0 . V] O
y -Qo2a ( U3
_ 1) w
_O z -- ° � U � w � b v
fiC _ C ,
� C c y.n s QD � .a a) wy � v 3b y
O O U 0 U .. A O
I 0 y w
3 5 a
.
F F •y o cr. 8
co
V0
o o Q y .w Ato
oG c c ¢ a' °` ° a� o
y c, u. c a s U
C7 E E (AE I) cn a)
N . L L Z .3 O
0 ., A Z,S
1... o s 'o a j
L
Z R Q
Q aw —
Q c Nn U '0
0
U
:C — C
n yO cd C
y 'O
oC 0. L A Ly N w y
0 Lc e 0
.,
a.F U a `' o
z a u o «.
ua
0. g U, z U -
U O ,u2.5 B
yQ ao •� E �;Q ¢ Os `'
=
, A ° b 2 C e° w
F E °' v w a�
a -
Is cl, s
no
ab ¢ p
u. = w w
4wt o
L4 w s 3 °' v ;o m i'
O V
....
U N H V
C4 �� �i C7 `a vi y �! vs
c.
3 0 0 L L N g j3 �S�i
0 0
0
Q Or+ `° a 0 `L" Y o v c ° N -!--1' O
(� U OAE �+ C 64 «� bDE .OAy U �� .�
O = L a) O O eJ A7 0 7 1 2 U
LI. a z « wa`. Z ° a` ZOQ oBE6
Lt. r� cn n w o .5
0
A t.,
16 .
Rick Stt
`°� Depart., Florida Department of Governor
,Z* Environmental Protection
Carlos Lopez-Cantera
Marjory Stoneman Douglas Building Lt. Governor
3900 Commonwealth Boulevard
:.O �otim` Tallahassee, Florida 32399-3000 Jonathan P SSecretary
ental p ry
FED EX DELIVERY - SIGNATURE REQUIRED
►v
O
r _
Teresa Cannon, Deputy Clerk z
Collier County
3299 Tamiami Trail East, Suite#401 c ,
Naples, Florida 34112 c :� ;
— 's w
Re: S0859–Collier County =j
Naples Park Area/Basin Infrastructure Optimization project
Dear Ms. Cannon:
We are pleased to provide financial assistance for your stormwater, water and sewer
improvement project. One fully executed grant agreement is enclosed. To draw money
under the agreement, please call Pankaj Shah at(850) 245-2962 for assistance in
completing a disbursement request.
We congratulate you and your staff on your efforts and are pleased that we can work with
you on this project.
Sincerely,
Angela Knecht, Program Administrator
State Revolving Fund Management
AK/
Enclosure
cc: Tim Nance–Collier County Board of County Commissioners
Liz Gosselin–Collier County
Lisa Taylor–Collier County
www.dep.state.fl.us
1 6 A 1
DEP AGREEMENT NO.S0859
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1662A OF THE FY15-16 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and COLLIER COUNTY, whose address is
3299 Tamiami Trail East, Suite 303,Naples,FL 34112(hereinafter referred to as"Grantee"),a local government,to
provide financial assistance for the Collier County Naples Park Area/Basin Infrastructure project. Collectively,the
Department and the Grantee shall be referred to as"Parties"or individually as a"Party".
In consideration of the mutual benefits to be derived herefrom,the Department and the Grantee do hereby
agree as follows:
1. TERMS OF AGREEMENT:
The Grantee does hereby agree to perforin in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and
"Recipient"are used interchangeably.
2. PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2018,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after January 1,
2016 through the expiration date of this Agreement. This Agreement may be amended to provide for
additional services if additional funding is made available by the Legislature.
3. FUNDING/CONSIDERATION/INVOICING:
A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement,the Department shall pay the Grantee on a cost reimbursement basis up to
a maximum of$750,000. It is understood that any additional funds necessary for the completion
of this project are the responsibility of the Grantee. The parties hereto understand and agree that
this Agreement does not require a match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement. Changes to approved budget categories within a single deliverable that are less than
10% of the total approved deliverable budget amount will require a formal Change Order to the
Agreement. Changes that are 10%or greater of the total approved deliverable budget amount, or
changes that transfer funds from one deliverable to another deliverable,or changes that increase or
decrease the project's total funding amount will require a formal Amendment to the Agreement.
•
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B,
Payment Request Summary Form. To be eligible for reimbursement, costs must be in
compliance with laws, rules and regulations applicable to expenditures of State funds, including,
but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: http://wv-vw.mOloridacfb.com/aadir/reference wide/. All invoices for
DEP Agreement No. S0859,Page 1 of 11
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. A final payment request should be submitted to the Department no later than
sixty (60)calendar days following the completion date of the Agreement,to assure the availability
of funds for payment. All work performed pursuant to Attachment A must be performed on or
before the completion date of the Agreement, and the subsequent sixty-day period merely allows
the Grantee to finalize invoices and backup documentation to support the final payment request.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set
forth in Attachment C, Contract Payment Requirements. The Payment Request Summary
Form shall be accompanied by supporting documentation and other requirements as follows for
each deliverable:
i. Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours spent on the
project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. For fixed-price
(vendor)subcontracts,the following provisions shall apply:
a. The Grantee 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 (i.e., Invitation to Bid
or Request for Proposals)resulting in the fixed-price subcontract.
b. The Grantee 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 Grantee shall request the advance
written approval from the Department's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a detailed
budget and Scope of Services to be performed by the subcontractor. Upon
receipt of the Department Grant Manager's approval of the fixed-price amount,
the Grantee may proceed in finalizing the fixed-price subcontract.
c. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, 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. This information, when requested, must be
provided within thirty (30) calendar days of such request. The Grantee 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). State guidelines for allowable costs can be
found in the Department of Financial Services' Reference Guide for State Expenditures at
http://www.myfloridacfo.com/aadir/reference guide/.
DEP Agreement No. S0859,Page 2 of 1141)
1 6 A 1 5
F. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program-by-
program or a project-by-project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
ii. 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
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee, 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 Grantee to the date
repayment is made by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee 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 Grantee to the date repayment is made to the Department by the Grantee.
4. ANNUAL APPROPRIATION:
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. 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.
5. REPORTS:
A. The Grantee shall utilize Attachment D, Progress Report Form,to describe the work performed
during the reporting period, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. Quarterly reports shall be submitted to the
Department's Grant Manager no later than twenty (20) calendar days following the completion of
the quarterly reporting period. It is hereby understood and agreed by the parties that the term
"quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and
December 31. The Department's Grant Manager shall have thirty(30) calendar days to review the
required reports and deliverables submitted by the Grantee.
B. As stated in the letter dated July 17, 2015 from the Office of the Governor, the Grantee will
identify the return on investment for this project and provide quarterly updates to the Governor's
Office of Policy and Budget.
6. RETAINAGE
Retainage is not required under this Agreement.
DEP Agreement No. S0859,Page 3 of 11
16A1 5
7. INDEMNIFICATION:
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.
8. DEFAULT/TERMINATION/FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or
misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its
obligations under this Agreement. Prior to termination, the Department shall provide thirty (30)
calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity
to consult with the Department regarding the reason(s)for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar day's written notice. If the Department terminates the Agreement for
convenience, the Department shall notify the Grantee of such termination, with instructions as to
the effective date of termination or specify the stage of work at which the Agreement is to be
terminated. If the Agreement is terminated before performance is completed,the Grantee shall be
paid only for that work satisfactorily performed for which costs can be substantiated.
C. 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 Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in
conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes
(F.S.),and Section 24(a),Article I,Florida Constitution.
D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee 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 Grantee'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 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
Grantee,and any other cause,whether of the kind specifically enumerated herein or otherwise,that
is not reasonably within the control of the Grantee and/or the Department. The Grantee is
responsible for the performance of all services issued under this Agreement.Failure to perform by
the Grantee's consultant(s)or subcontractor(s)shall not constitute a force majeure event.
9. REMEDIES/FINANCIAL CONSEQUENCES:
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 Grantee shall re-perform the services 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
DEP Agreement No. S0859,Page 4 of 11
1 6 A15
failure to perform,or 2)the Department Grant Manager may,by letter specifying the failure of performance
under this Agreement,request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee 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 Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
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 Grantee 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 Grantee of any of its obligations under the Agreement.
In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, 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
Grantee shall preclude the Department from subsequently asserting any deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
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 the Agreement.
10. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books,records and documents directly pertinent to performance under
this Agreement in accordance with United States generally accepted accounting principles(US
GAAP)consistently applied. The Department,the State,or their authorized representatives shall
have access to such records for audit purposes during the term of this Agreement and for five(5)
years following the completion date or termination of the Agreement. In the event any work is
subcontracted,the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
B. The Grantee 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
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant,if any,
impose this requirement,in writing,on its subcontractors.
11. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
DEP Agreement No. S0859,Page 5 of 11
0
16A15
Exhibit 1, the Grantee shall notify the Department's Grant Manager to request a copy of the
updated information.
B. The Grantee 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 Grantee shall
consider the type of financial assistance(federal and/or state)identified in Attachment E,Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found
under the"Links/Forms"section appearing at the following website:
haps://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
12. SUBCONTRACTS:
A. 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 paragraph 3.D.
of 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. The Grantee agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to
any subcontractor for any expenses or liabilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B. The Department of Environmental Protection 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.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
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:
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;or
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction;or
iii. 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
DEP Agreement No. S0859,Page 6 of 11 0
s
16A A 5
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
14. LOBBYING PROHIBITION:
In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by
this Agreement for the purpose of lobbying the Legislature,the judicial branch or a state agency.Further,in
accordance with Section 11.062, F.S., 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.
15. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee 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 Grantee further agrees to include this provision in all subcontracts issued as a result of
this Agreement.
16. NOTICE:
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.
17. CONTACTS:
The Department's Grant Manager(which may also be referred to as the Department's Project Manager)for
this Agreement is identified below:
Pankaj Shah
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd.,MS#3505
Tallahassee,Florida 32399
Telephone No.: 850-245-2962
E-mail Address: Pankaj.Shah@dep.state.fl.us
The Grantee's Grant Manager for this Agreement is identified below:
Liz Gosselin
Collier County
2800 North Horseshoe Drive
Naples,FL 34104
Telephone No.: 239-252-5867
E-mail Address: LizGosselin@colliergov.net
18. INSURANCE:
To the extent required by law,the Grantee will secure and maintain insurance coverages in the amounts and
categories specified below, during the life of this Agreement. The Grantee shall provide documentation of
any private insurance or self-insurance, as may be applicable to governmental entities,to the Department's
Grant Manager prior to performance of any work pursuant to this Agreement.
DEP Agreement No. S0859,Page 7 of 11
16A15 A 1 5
A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees
connected with the work of this project and, in case any work is subcontracted, the Grantee shall
require the subcontractor similarly to provide Workers' Compensation Insurance for all of its
employees unless such employees are covered by the protection afforded by the Grantee. Any
self-insurance program or insurance coverage shall comply fully with the Florida Workers'
Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes,the Grantee shall provide, and
cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the
protection of its employees not otherwise protected.
B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure
and maintain, Commercial General Liability insurance including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and$300,000
each occurrence. 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 Grantee or any of its subcontractors. Such insurance shall include the State
of Florida,the Department,and the State of Florida Board of Trustees of the Internal Improvement
Trust Fund,as Additional Insureds for the entire length of the Agreement.
C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly 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 Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the
Department,and the State of Florida Board of Trustees of the Internal Improvement Trust Fund,as
Additional Insureds for the entire length of the Agreement. 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
D. If any work proceeds over or adjacent to water, the Grantee 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 Grantee 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.
E. All insurance policies shall be with insurers licensed or eligible to do business in the State of
Florida. The Grantee'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. In addition, the Grantee shall include these
requirements in any sub grant or subcontract issued for the performance of the work specified in
Attachment A,Grant Work Plan.
F. If the Grantee is a Florida governmental entity that is self-funded for liability insurance, this
paragraph 18.F. supersedes 18.A.through E.,above.
Grantee warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
DEP Agreement No. S0859,Page 8 of 11
1 641 5
Grantee's officers, employees, servants and agents while acting within the scope of their
employment with the Grantee.
Grantee warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their
employment with the Grantee.
19. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
20. EQUIPMENT:
Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Agreement.
21. CHANGE ORDERS:
The Department may at any time, by written Change Order, make any change in the Grant Manager
information, task timelines within the current authorized Agreement period, or make changes that are less
than 10%of the total approved deliverable budget(per Paragraph 3). 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 Agreement amount,expiration date of the Agreement,or deliverable costs that are equal to or greater
than 10% of the total approved deliverable budget (per Paragraph 3), shall require formal Amendment to
this Agreement.
22. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The
Grantee shall be responsible for including this provision in all subcontracts with private organizations
issued as a result of this Agreement.
23. DISCRIMINATION:
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, F.S., 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.
24. LAND ACQUISITION:
Land acquisition is not authorized under the terms of this Agreement.
DEP Agreement No. S0859,Page 9 of 11
25. PHYSICAL ACCESS AND INSPECTION:
As applicable,Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement,including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work,or
storing or staging equipment,materials or documents;and
B. Grantee shall permit inspection of any facility,equipment,practices,or operations required in
performance of any work pursuant to this Agreement;and
C. Grantee shall allow and facilitate sampling and monitoring of any substances,soils,materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
26. EXECUTION IN COUNTERPARTS.
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.
27. SEVERABILITY CLAUSE:
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.
28. ENTIRE AGREEMENT:
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. 50859,Page 10 of 11
I. ,' - r
O R5L
IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed,the day and year
last written below.
COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Donna Fiala,Chairman* Secre ary or Designee
Date: Date: c i t/ I Cp
FEID No.:59-6000558 y
Pankaj Shah,DEP Grant Manager
, ,I. )ailitaf
DEP Q4 eviewer
*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(5 Pages)
Attachment B Payment Request Summary Form(2 Pages)
Attachment C Contract Payment Requirements(1 Page)
Attachment D Progress Report Form(1 Page)
Attachment E Special Audit Requirements(5 Pages)
• 'i ▪ c• am',
ATTEST , 0.. .'Troy . as t' foAndlegality
DWIGHT E. BRCS K, CLERK 1 4
BY..; Sc• R.Teach, Deputy County Attorney
'Attest�as'to Ghairillarl'
S
signature only.
DEP Agreement No. S0859,Page 11 of 11
1 6 r;
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Collier County Naples Park Area/Basin Infrastructure Optimization for Stormwater,Water and
Sewer
PROJECT AUTHORITY: Collier County(Grantee)received funding from the Florida Legislature in the amount
of $750,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year (FY) 2015 — 2016, General
Appropriations Act.The Grantee received this funding for the purpose of addressing stormwater management,water
and wastewater distribution issues. Monitoring and auditing guidelines,as related to the Florida Single Audit Act,are
specified in the Florida Catalog of State Financial Assistance(CSFA),No.37.039.
PROJECT LOCATION: The Project will be located in Naples Park, which is located within the unincorporated
area of North Naples in Collier County,Florida. See Figure 1 for a location map.
PROJECT BACKGROUND: The Project integrates stormwater,water and wastewater elements to achieve capital
improvement efficiencies, maximize community convenience and to protect impaired water bodies in a financially
disadvantaged community (Low Income Census Block Group), Naples Park Community. The Naples Park
Community, which began developing in the 1950s, encompasses twenty-one (21) streets. The goal of the overall
program is to target one(1)to two(2)streets per phase to address stormwater,water and wastewater issues.The FY
2015-2016 phase will include improvements along 110th Ave.N and 107th Ave.N within the community.
The stormwater collection system historically consisted of roadside ditches and driveways with a culvert pipe to allow
storm water to flow under and through the driveway.Most of these culverts and piping are too small,are installed at
improper elevation,have reached the end of their typical life span,and are in need of replacement.Significant sections
of the streets within this community experience chronic flooding during normal or slightly above normal rainfall
conditions due to poor conditions of the internal street side collection and conveyance system.
The potable water system was installed over 40 years ago and is made out of asbestos cement pipe that has reached
the end of its useful life. Due to the pipe's age and environment,there is an ever increasing number of water main
leaks and breaks,which directly affects the Collier County Water and Sewer District's ability to supply uninterrupted
service to its customers. There are a limited number of isolation valves in this area,limiting operational control during
maintenance of the distribution system. The system also lacks a sufficient number of fire hydrants,limiting the fire
protection in the area.
The sewer system was also installed over 40 years ago and due to its age,the vitrified clay pipe gravity sewer system
needs to be replaced. Related infrastructure is aged. Replacement is needed to minimize the likelihood of sanitary
system overflows in environmentally sensitive areas and ensure continued effectiveness of the wastewater collection
infrastructure.
PROJECT DESCRIPTION: The Grantee intends to address stormwater management, water and wastewater
distribution issues along 110th Ave.N and 107th Ave.N. The proposed project is for basin infrastructure optimization
for stormwater, water, and sewer. Stormwater improvements will provide stormwater runoff collection and
conveyance improvement. As well as a reduction of potential flooding for private property by replacing deteriorated
culverts, installing perforated pipes, and reconstructing the roadside stormwater management system. Water quality
improvements, prior to discharge into Vanderbilt Lagoon, will be made by installing perforated pipes and
reconstructing the swale system, which promotes water infiltration into the ground, and the installation of
sedimentation traps.Water improvements will provide minimization of potable water service interruptions to residents
and businesses in Naples Park by removing old asbestos-concrete pipes and installing new PVC pipes; better
distribution system by upgrading the diameter of pipes;fire protection system by replacing old hydrants and installing
additional hydrants in the area;and protection of the water distribution system by installing back flow preventers for
each service connection.Sewer/wastewater improvements will provide assurance and effectiveness of the wastewater
collection; minimization of the likelihood of sanitary system overflows in environmentally sensitive areas;
replacement of old clay pipes with PVC pipes,replacement of old force mains;and rehabilitation and replacement of
pump stations.
DEP Agreement No. S0859, Attachment A,Page 1 of 5
qti
TASKS and DELIVERABLES:
Task 1: Construction(Stormwater)
Task Description: The Grantee will construct stormwater improvements in accordance with the final design(s)and
required permits. These improvements will provide collection,treatment,and conveyance of stormwater by replacing
culverts and reconstructing roadside swales. This component will eliminate undersized and aged culverts, address
elevation issues and improve water quality treatment.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than
once per month. The outlined Interim Deliverable(s) must have been submitted and accepted in writing by the
Department's Grant Manager prior to payment request submittal.
Deliverables la: 1) signed acceptance of the completed work by the Grantee , 2)Contractor's Application and
Certification for Payment,3)Dated color photographs of on-going work representing time period covered in payment
request.These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no
more frequently than monthly.
Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify
that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in
accordance with the Grantee's construction contract documents and specifications. Upon review and written
acceptance of each interim deliverables submittal by the Department's Grant Manager,the Grantee may proceed with
payment request submittal for costs associated with that submittal period under this task.
Contractor's Certification of Payment Request should include the following supporting documentation:
1. An itemized summary of the materials, labor, and/or services utilized during the period for which
payment is being requested.
2. The summary should 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;proof of payment of the
invoices;and evidence of all work conducted for which a request for payment is being made.
3. Evidence may include references to any drafts or partially-complete designs,surveys,environmental
documents and/or permit applications,drawings, and specifications(which must be made available
upon request);and documentation demonstrating partial completion of construction activities.
Deliverable lb: Stormwater improvements constructed as described in this task, as evidenced by these final
deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following
completion of the construction task; 2) written verification that the Grantee has received record drawings and any
required final inspection report(s)for the project;3)signed acceptance of the completed work by the Grantee;and 4)
signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in
accordance with the design.
Performance Standard:The Department's Grant Manager will review the final deliverables to verify that they meet
the specifications in the Grant Work Plan and this task description and that work is being performed in accordance
with the Grantee's construction contract documents and specifications. Upon review and written approval by the
Department's Grant Manager of all final deliverables under this task,the Grantee may proceed with payment request
submittal.
Task 2: Construction(Water)
Task Description: The Grantee will construct water improvements in accordance with the final design(s) and
required permits. The installation of new water mains seeks to replace asbestos-concrete pipes. The mains will be
replaced with 6-inch and 8-inch PVC pipe along with additional fire hydrants meeting current Insurance Services
Office standards for urban firefighting and to assure delivery of potable water to residents.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than
once per month. The outlined Interim Deliverable(s) must have been submitted and accepted in writing by the
Department's Grant Manager prior to payment request submittal.
Deliverables 2a: 1) signed acceptance of the completed work by the Grantee , 2)Contractor's Application and
Certification for Payment,3)Dated color photographs of on-going work representing time period covered in payment
request.These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no
more frequently than monthly.
Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify
that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in
accordance with the Grantee's construction contract documents and specifications. Upon review and written
DEP Agreement No. S0859, Attachment A, Page 2 of 5
IOC .
ti
acceptance of each interim deliverables submittal by the Department's Grant Manager,the Grantee may proceed with
payment request submittal for costs associated with that submittal period under this task.
Contractor's Certification of Payment Request should include the following supporting documentation:
1. An itemized summary of the materials, labor, and/or services utilized during the period for which
payment is being requested.
2. The summary should 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;proof of payment of the
invoices;and evidence of all work conducted for which a request for payment is being made.
3. Evidence may include references to any drafts or partially-complete designs,surveys,environmental
documents and/or permit applications,drawings,and specifications(which must be made available
upon request);and documentation demonstrating partial completion of construction activities.
Deliverable 2b: Water improvements constructed as described in this task,as evidenced by these final deliverables:
1)Dated color photographs of the construction site(s)prior to,during,and immediately following completion of the
construction task; 2) written verification that the Grantee has received record drawings and any required final
inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed
statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance
with the design.
Performance Standard:The Department's Grant Manager will review the final deliverables to verify that they meet
the specifications in the Grant Work Plan and this task description and that work is being performed in accordance
with the Grantee's construction contract documents and specifications. Upon review and written approval by the
Department's Grant Manager of all final deliverables under this task,the Grantee may proceed with payment request
submittal.
Task 3: Construction(Wastewater)
Task Description: The Grantee will construct wastewater improvements in accordance with the final design(s)and
required permits. This task will include the replacement of wastewater gravity mains,force mains and pump stations.
The installation of new wastewater mains seeks to replace all PVC and clay pipes.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than
once per month. The outlined Interim Deliverable(s) must have been submitted and accepted in writing by the
Department's Grant Manager prior to payment request submittal.
Deliverables 3a: 1) signed acceptance of the completed work by the Grantee , 2)Contractor's Application and
Certification for Payment,3)Dated color photographs of on-going work representing time period covered in payment
request.These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no
more frequently than monthly
Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify
that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in
accordance with the Grantee's construction contract documents and specifications. Upon review and written
acceptance of each interim deliverables submittal by the Department's Grant Manager,the Grantee may proceed with
payment request submittal for costs associated with that submittal period under this task.
Contractor's Certification of Payment Request should include the following supporting documentation:
1. An itemized summary of the materials, labor, and/or services utilized during the period for which
payment is being requested.
2. The summary should 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;proof of payment of the
invoices;and evidence of all work conducted for which a request for payment is being made.
3. Evidence may include references to any drafts or partially-complete designs,surveys,environmental
documents and/or permit applications,drawings,and specifications(which must be made available
upon request);and documentation demonstrating partial completion of construction activities.
Deliverable 3b: Wastewater improvements constructed as described in this task, as evidenced by these final
deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following
completion of the construction task; 2) written verification that the Grantee has received record drawings and any
required final inspection report(s)for the project;3)signed acceptance of the completed work by the Grantee;and 4)
signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in
accordance with the design.
DEP Agreement No. S0859,Attachment A,Page 3 of 5
A r
16A15
PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all deliverables must be
received by the designated due date.
Task/ Deliverable Due Date/
Deliverable No. Task or Deliverable Title Task Start Date Task End Date Frequency
1 Construction(Stormwater) 4/1/2016 6/30/2018
As needed,no more
1 a Interim deliverables frequently than monthly
lb Final deliverables 6/30/2018
2 Construction(Water) 4/1/2016 6/30/2018
As needed,no more
2a Interim deliverables frequently than monthly
2b Final deliverables 6/30/2018
3 Construction(Wastewater) 4/1/2016 6/30/2018
As needed,no more
3a Interim deliverables frequently than monthly
3b Final deliverables 6/30/2018
BUDGET DETAIL BY TASK:
Task No. Budget Category ' Budget Amount
1 Contractual Services $375,000
2 Contractual Services $187,500
3 Contractual Services $187,500
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the
project as indicated below.
Category Totals Grant Funding,Not to Exceed,$750,000
Contractual Services Total $750,000
Total: $750,000
DEP Agreement No. S0859,Attachment A,Page 4 of 5
6.„
r7
1 6 n
Figure 1
a ��� '3 v04 ed 3�
•r� +IfF 4 ,'k**.''':
a' '� kfl4AVEN
uebAV � �,n a a ' rx--R«s'ge- Immo a R514
�2 FgbVE , ° Ys , -
`�` P -.:w " f , :� s-, r''';' 6:
" ' i c t ',
41,-„,,„_,,,„
egr ' 8 `' o[ 'r7.,,,"
„ � i f ve �„�” t „$ i,,,.�1. "'�x $ eco la sou -`tc�.� °nn�s,AVE; . ,. �-74A.:._ 'lae�n,�"w � � l � r
u idsr� e ,�' g
IF,'
r„ ,. , { +'s� _ dzs'x^rS i_-�. iE.r i83 '+ ro„? .rnr�
:61
r a °,i } ,'''''IV ' i FY15 16 Phase 107th Ave and 110th Ave
rf,,,
-, �a,Ur6'?' ixv ,, a4 E. �ur� . •r >r. y "" $ vOr t "Ita,��c �D �1� � *.;>44x,, t ��+ r � ��"�� � +c..w �,�r� '"x� r,t. �tt„u,`
� � e�s^'eNA�iE� �r ��,
� � as � -k � t'# t -''''','\44,1,1%
� ��
k f !;64,2;,, -, . «,� _.-,,,,Ali,;!:a`� 5..4 �` s�,"^R z' " :tZ
p
: r 1 °imlgoR k 7�
S r5 '4,1°471::
n F �' Z ' g t'
-s� S �4 � ,.� ,�+ �ti 8 .'V �+'i ���-r � �1 �` fi � £� �tai a. `� X70 c�
7s e amjl4 E s �� �._i� �� �t '171 4444� �"�'F� # T � f tib."'# �2 a, ���
������ 71 z t5 � nth J r � yd�'�r; f ✓ See SOI xr i �Y "' �r �a�!{.714'-'44:1:4:1, t1:::
� .ice 'Hitli �7thAJqa f� It: :T� rrJ "' t , Z~ 'Ca in sr E = .r a' �lilirRZ5vitht' rr - � i _ 'g..}%). i, z'Y3
p.
4 ''
us�A°w� �a s t t
>, �3ht4�E. �'111911,,,.'
�� Multi-year Project Area#t4r)
�''*
�e� Pa.., , 93ro JE.t f t� { J 1'.
3,1„
E.
t:-
.-,“:4•-,,,,..T.!.._ �� 81st:J 'e y�W''SY '.fit 3b �. , ,t;44171V , 0 3+.+'
>a s ,,4r,
� �sr+i +.. q,�����, z ����'_ e.n a ! A�`'w° ,�e�. y+�,,'' 3� ""i ,a 3'� !17/"�i ,y ,� r"�`$
� 9f�_,40 3 ,t ai ist 'M _ "b j. ��T�n, a ,, +_
LE ' a� �y ,=a.. � r A "^e�, .*'r'
Vo!kJ,,- ljiB �', 'k i o f a tF 3�`''
% y ,t" A a Ch:Rip's-„,-
$D 'a � -,/,-,,;4,,,,-,_
s.
„,,,,,q,,,,,,,,,„„4,4.
�� � ,C, .;,,,...*.--''''''1.4°•-•
tom z �. • H s �. Lp.i+ # '!s'y.
htiY �2 a :..1.-7-1/'''”'
q\'� ���� � tai �� � a'TL�},y�u � �`' � Barri .�' �� €� � r m 3�� � va � � s ,5y � �.
DEP Agreement No. S0859,Attachment A, Page 5 of 5
0
1 6 A 1 5
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.: Agreement Effective Dates:
Grantee: Grantee's Grant Manager:
Mailing Address:
Payment Request No. Date of Payment Request:
Performance Period (Start date—End date):
Task/Deliverable No(s). Task/Deliverable Amount Requested: $
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE
PAYMENT THIS REQUEST MATCHING
REQUESTS FUNDS
Salaries/Wages $N/A $N/A $N/A $N/A
Overhead/Indirect/G&A Costs $N/A $N/A $N/A $N/A
Fringe Benefits $N/A $N/A $N/A $N/A
Indirect Cost $N/A $N/A $N/A $N/A
Contractual(Subcontractors) $ $ $ $
Travel(if authorized) $N/A $N/A $N/A $N/A
Equipment Purchases(if authorized) $N/A $N/A $N/A $N/A
Rental/Lease of Equipment $N/A $N/A $N/A $N/A
Other Expenses $N/A $N/A $N/A $N/A
Land(if authorized) $N/A $N/A $N/A $N/A
TOTAL AMOUNT $ $ $ $
TOTAL TASK/DELIVERABLE $ $
BUDGET AMOUNT
Less Total Cumulative Payment $ $
Requests of:
TOTAL REMAINING IN TASK $ $
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the above
cited grant activities.
Attachment B,Page 1 of 3
6 A 1 5
Grantee's Certification of Payment Request
(Print name of Grantee's Grant Manager designated in the Agreement)
on behalf of do hereby certify that:
(Print name of Grantee/Recipient)
D The disbursement amount requested is for allowable costs for the project described in Attachment A of
the Agreement.
2 All costs included in the amount requested have been satisfactorily purchased, performed, received, and
applied toward completing the project; such costs are documented by invoices or other appropriate
documentation as required in the Agreement.
2 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts.
Check all that apply:
❑ All permits and approvals required for the construction, which is underway, have been obtained.
O Construction up to the point of this disbursement is in compliance with the construction plans and permits.
❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided
services for this project during the time period covered by this Certification of Payment Request,and such
certifications are included:
Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy)
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
Attachment B,Page 2 of 3
1 5 A 1 5
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name of the grantee's agency.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for(must agree with the current Grant Work Plan).
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGET AMOUNT"line for the"AMOUNT OF THIS REQUEST'column.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was expended for this task during the period
for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the
current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an
approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the
column total on the"TOTAL AMOUNT'line. Enter the amount of the task on the"TOTAL TASK BUDGET AMOUNT'
line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE
PAYMENT REQUESTS OF' line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the
"TOTAL TASK BUDGET AMOUNT'for the amount to enter on the"TOTAL REMAINING IN TASK'line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the final request(this amount cannot exceed the approved budget amount for that budget category for the task
you are reporting on). Enter the column total on the"TOTALS"line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the
task you are reporting on. This needs to be shown under specific budget categories according to the currently approved
Grant Work Plan. Enter the total on the"TOTAL AMOUNT'line for this column. Enter the match budget amount on
the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any
previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF'line for this column. Deduct the"LESS
TOTAL CUMULATIVE PAYMENTS OF'from the"TOTAL TASK BUDGET AMOUNT'for the amount to enter on the
"TOTAL REMAINING IN TASK'line.
"TOTAL CUMULATIVE MATCHING FUNDS"COLUMN: Enter the cumulative amount you have claimed to
date for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should
show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas.
GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers
that certified work or services completed during the period included in the request for payment. Must be signed by
both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services,Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
Attachment B,Page 3 of 3
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services,Reference Guide for State Expenditures
Cost Reimbursement Contracts
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:
(1) 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 Benefits: Fringe Benefits should be supported by invoices showing the amount paid on 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 or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds,the contract should include a provision for 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: Charges which may be of an internal nature(e.g.,postage,copies,etc.)may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
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
Attachment C,Page 1 of 1
1 6 A I 5
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Grant Manager: Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task l:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
Attachment D,Page 1 of 1
I 6 14 1
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
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-133,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 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. 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 1, 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).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
Attachment E,Page 1 of 5
1 6415
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.
1. 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://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at
http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. 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:
Attachment E,Page 2 of 5
CO)
6 A
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@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.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised.
2. Pursuant to Section .320(f), 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 one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit n,dep.state.fl.us
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 one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit(ZI dep.state.fl.us
Attachment E,Page 3 of 5
0
5
16 A1
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSinleAudit@dep.state.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
Attachment E,Page 4 of 5
0
1 6 A 1 5
r3
•r;
0 .- p 0 .i p a) .- p r-- 0 •b
U 0.U U
Q Q Q y o
E 'ti R3
0
V1 � N CS rnQ .i w
0 `,
L. = O rn 7.. ...
E .moi E C co y
E ti
< i Q N Q O C ° �"'
tz 'C to 0 bo O co A
o 0 = o E O O 0- "'
471 i+ s.
c 0 0 C n r-. .0°) p .G
0 o O 69 6 -0
w w w w 4 y U wtia.)
0) 4., 4, -d •7
U.' 0 y -01:4)❑ _ c o
a ti0 •° Q C
O vo O
ti
C.pO C L
O u H C `�
LI. U Q
el
c as Y v ami W xi
V. O N 9 .r'ti ti)w ° 0 0 a N U 3
0 c F� o c 0 v°, w -o U
w an 0
V) S ¢ `L Q w C.61 C4 y '11-3
z ..�. Q ^ Q a) ❑ a.) E ti 4•
.-+ 0 0 U U
o
' Q
a
I U � 3a
vo o ) c^ E.-. •, 0'ct o
0, o
0. zvo ,-C < ti
. C
X U cU ❑
W C
U i. O 0
WE c c Q n M a U
� • 0 czM
o
L i.
a3 b
0< Q 0
a
H o ' o U
EH �' Q o o ° . o Z 0E Q - Q �, Ny U 0y
Q o u• O LL. 3 ' til
i.1
LUz y U 0rO
.0 -0
o
o
' Ow J VI w
5 + L^ L yNo
a c � = y y
0. s..,
H c c '� o wo
Z a.) cLa41 d •
G C. aN
1:11: 1:4u v
a ' a0 v .
0 CU Q bA O N vi 4
b o E w w ,o.
d n
0 et y •o o E r, -40 .� w
F, 3 w w w Y? a03 0
Q y i 3 ami 0 b w CU
01)
Lu 0a � � O •
P.
Qo to N ,
•
Q CG LL. et _0 a> L. .o d Y E •a = E � � � ° E
0 aoE ab bAE GC tel oaE 'an � a' U .sr
1" "6 �' O o '% N a) U a) U
a)
O O d a) O a> V]
� waz ywaz : a` z0 , o
w w., c7rn w .