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Agenda 01/13/2015 Item #16A22 1/13/2015 16.A.22. n EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute FDEP Agreement 14C01 for cost share funding with the Florida Department of Environmental Protection'-Division of Water Resources Beach Management Funding Assistance Program for the FY 2013 CQollier County Beach Nourishment project and make a finding that this item promotes tourism. OBJECTIVE: To approve and authorize the Chairman to execute the FL)EP Agreement No. 14C01 for funding with Florida Department of Environmental Protection - Division of Water Resources Beach Management Funding Assistance Program for the FY2013 Collier County Monitoring Beach Nourishment project. CONSIDERATIONS: The purpose of this Agreement is to enter into a cost share reimbursement agreement with FDEP for reimbursement of the non-federal portion of the design, permitting, and certain construction cost for the Collier County renourishment of the Vanderbilt,Park Shore and Naples beaches. FDEP has determined the total cost of the non-federal portion of this project is $895,141. FDEP has determined that 85.94% of the non-federal project is eligible for state cost share. FDEP's financial obligation cost is eligible for state cost sharing. Per Florida Statut , FDEP will match 50 percent of the eligible state cost share amount; therefore, FDEP's finan cial obligation shall not exceed $305,284 for this project or up to 32.24 % of the non-federal 'Abject cost for tasks 2.1,2.2, 3.1, 3.23.3 and 40.35%of the non-federal costs for 2.3 and 2.4. FISCAL IMPACT: Budget amendments will be required to recognize grant revenue in the amount of $305,283.27 from this cost share reimbursement agreement with FDEP. All past expense to be submitted to FDEP for reimbursement are from Collier County Tourist Development Fund 195,various project numbers. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management plan related to this action. LEGAL CONSIDERATIONS: FDEP Agreement 14C01 been reviewed by the County Attorney's Office,requires majority vote, and is legally sufficient for Board action.—CMG RECOMMENDATION: To approve and authorize the Chairman to execute DEP Agreement No. 14C01 for cost share funding with Florida Department of Environmental Protection — Division of Water Resources Beach Management Funding Assistance Program for the FY 2013 Collier County Beach Nourishment project and make a finding that this item promotes tourism. Prepared By: J. Gary McAlpin,P.E.,Manager, Coastal Zone Management Attachment: FDEP Agreement 14C01 n Packet Page-579- 1/13/2015 16.A.22. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.22. Item Summary: Recommendation to approve and authorize the Chairman to execute FDEP Agreement 14C01 for cost share funding with the Florida Department of Environmental Protection - Division of Water Resources Beach Management Funding Assistance Program for the FY 2013 Collier County Beach Nourishment project and make a finding that this item promotes tourism. Meeting Date: 1/13/2015 Prepared By Name: HambrightGail Title: Accountant, Coastal Zone Management 11/24/2014 1:05:11 PM Submitted by Title: Accountant, Coastal Zone Management Name: HambrightGail 11/24/2014 1:05:12 PM Approved By Name: McAlpinGary Title: Manager-Coastal Management Programs, Coastal Zone Management Date: 11/24/2014 1:41:50 PM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 11/24/2014 1:43:46 PM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services,Purchasing&General Services Date: 11/24/2014 2:31:42 PM Name: Tara Castillo Title: Management/Budget Analyst,Road Maintenance Packet Page-580- 1/13/2015 16.A.22. Date: 11/25/2014 1:53:12 PM Name: PattersonAmy Title: Manager-Impact Fees&EDC, Business Management&Budget Office Date: 11/25/2014 1:58:34 PM Name: KearnsAllison Title: Manager Financial &Operational Support,Transportation Administration Date: 11/25/2014 4:46:58 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 12/1/2014 9:06:02 AM Name: OberrathKaren Title: Accountant, Senior,Grants Management Office Date: 12/19/2014 3:10:58 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 12/29/2014 9:18:05 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/29/2014 1:54:25 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 1/5/2015 1:43:02 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 1/7/2015 9:07:40 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/7/2015 9:39:24 AM Packet Page-581- 1/13/2015 16.A.22.. DEP AGREEMENT No: 14C01 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCE MANAGEMENT BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR COLLIER COUNTY BEACH NOURISHMENT • THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 2600 Blair Stone Road,MS 3554,Tallahassee,Florida 32399,and COLLIER COUNTY,a local government (hereinafter referred to as the "LOCAL SPONSOR"),whose address is 2800 North Horseshoe Drive,Naples, Florida 34104,for the project described herein. WHEREAS,the DEPARTMENT,pursuant to Section 161.091 -Section 161.161,Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program;and, WHEREAS,pursuant to 62B-36.005(IXd),Florida Administrative Code,the LOCAL SPONSOR has resolved to support and serve as local sponsor,has demonstrated a financial commitment to the beach erosion control project as described herein,and has the ability to perform the tasks associated with the project described herein. NOW,THEREFORE,in consideration of the mutual benefits to be derived herefrom,the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred to as the PROJECT),as defined in Attachment A(Grant Work Plan),attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement,and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on December 31, 2017. Pursuant to Section 161.101(18),Florida Statutes,and 62B-36.009,Florida Administrative Code,work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after November 1, 2010, may be eligible for reimbursement by the DEPARTMENT,provided that the PROJECT is approved by the DEPARTMENT. If work identified in the approved Grant Work Plan is completed prior to time allowed in this Agreement,this Agreement may be amended to close out the Agreement. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and all equipment,products or materials necessary to perform these services,or requirements as further stated herein,shall be supplied by the LOCAL SPONSOR. 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of funds appropriated to the DEPARTMENT. DEP Agreement No. 14C01,Page 1 of 12 Packet Page -582- 1/13/2015 16.A.22. 305,8 6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of nourishment and maintenance of approximately 7.4 miles of shoreline comprised of three segments within Collier County, Florida. The segments consist of the following components: Vanderbilt Beach, approximately 1.6 miles between DEP Monuments R22-R31; Park Shore, approximately 2.2 miles between DEP Monuments R43.7-R54.4; and Naples,approximately 3.7 miles between DEP Monuments R58-R79. The life of the PROJECT is defined as ten (10) years following completion of each construction event. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. 7. For tasks as specified in Table 1 below and in Attachment A,the LOCAL SPONSOR shall develop a detailed Scope of Work which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and schedule prior to initiating the work. The tasks must be incorporated into the Grant Work Plan in the form of an approved amendment to this Agreement. 8. A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Task Ei Eligible Project Tasks State Cost EI 1g DEP Local Total K Share(%) 2.0 Design and Permitting 2.1 Permit Modification for FY 2013-14 Collor County Nourishment Project 32.24% $114,701.54 $241,072.46 $355,774.00 2.2 Prelininary Coastal Processes Review Report 32.24% $3,733.07 $7,845.93 $11,579.00 2.3 Permit Modification for Truck Haul(2014/15) 40.35% $42,449 81 $62,754.19 5105,204.00 2.4 Beach Project 15 Year Permit 40.35% 540,587.66 $60,001.34 $100,589.00 3.0 Construction 3.1 Emergency Truck Haul (2012/13) 32.24% $8,656.44 $18,193.56 $26,850.00 3.2 Pre-Construction Services for 2013/14 Nourishment 32.24% $57,994.60 $121,889.40 5179,884.00 3.3 Construction Services for 2013/14 Nourishment 32.24;'0 $37,160.15 $78,100.85 S1 15,261.0 0 TOTAL PROJECT COSTS $305,283.27 $589,857.73 $895,141.00 B. Changes in PROJECT costs that transfer funds from one task to another or that increase or decrease the total funding amount shall require a formal amendment to the Agreement. 9. The DEPARTMENT has determined that 85.94 percent of the non-federal PROJECT cost is eligible for state cost sharing. Therefore,the DEPARTMENT's financial obligation shall not exceed the sum of$305,284 for this PROJECT or up to 32.24%of the non-federal project cost,for Task 2.1,2.2, 3.1, 3.2, 3.3 and for Task 2.3 and 2.4 up to 40.35% of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. DEP Agreement No. 14C01,Page 2 of 12 Packet Page -583- 1/13/2015 16.A.22. 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in Table 1 above,shall be provided through formal amendment to this Agreement. 11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative,or employee of the DEPARTMENT. 12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B(Funding Eligibility),attached hereto and made a part hereof,for beach use throughout the life of the PROJECT as established under this Agreement. The life of the PROJECT is defined as ten (10) years following the completion of each construction event commencing upon execution of this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking,the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces which are no longer available to the public for a 10-year period. All parking must be clearly signed or otherwise designated as public beach access parking. 13. A. In accordance with Section 216.181(16)(b), Florida Statutes, the DEPARTMENT, upon written request from the LOCAL SPONSOR, including justification for said request, and written approval from the State Chief Financial Officer,may provide an advance payment to the LOCAL SPONSOR. In addition to the written request for advance payment,the LOCAL SPONSOR shall also complete and submit the applicable portions of Attachment C (Advance Payment Justification Form), attached hereto and made a part hereof. Consideration for advance payment is at the discretion of the DEPARTMENT, and shall be limited to eligible studies and project construction costs identified in Table 1. The LOCAL SPONSOR's expenditures shall draw proportionally upon both the LOCAL SPONSOR's funds and the DEPARTMENT'S advanced funds in accordance with the cost share ratios established pursuant to this Agreement. B. If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the advanced funds in an interest bearing account. The LOCAL SPONSOR shall be responsible to the DEPARTMENT for a quarterly accounting of such funds on the dates identified in paragraph 16. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14C01,Page 3 of 12 Packet Page-584- 1/13/2015 16.A.22. C. Attachment D(Advance Payment—Interest Earned Memorandum),attached hereto and made a part hereof,is provided as a sample of the document generated internally each calendar quarter by the DEPARTMENT's Bureau of Finance and Accounting for agreements that authorized an advance payment. The DEPARTMENT's Grant Program Administrator shall forward such memorandum to the LOCAL SPONSOR's Project Manager, who shall be responsible for completion of the applicable interest statement details and submission to the DEPARTMENT each quarter. Interest income shall be documented by the LOCAL SPONSOR's submission of a current statement of account from the financial institution or agent where such funds are invested. Interest income shall be returned to the DEPARTMENT, within thirty (30) days following each quarter as set forth under this Agreement. This responsibility shall continue as long as advanced funds remain with the LOCAL SPONSOR or until construction is completed and a final accounting on the advanced funds is completed and the unused funds and interest due the DEPARTMENT are returned to the DEPARTMENT. Unused funds, and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, shall be returned to the DEPARTMENT within sixty(60)days of the completion of the construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty(60)days after the Federal final accounting has been completed. D. The parties hereto acknowledge that the State Chief Financial Officer may identify additional requirements that must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Chief Financial Officer,the LOCAL SPONSOR shall be notified, in writing, by the DEPARTMENT's Grant Program Administrator regarding the additional requirements. Prior to releasing any funds, the LOCAL SPONSOR shall be required to provide a written acknowledgement to the DEPARTMENT's Grant Program Administrator of the LOCAL SPONSOR's acceptance of the terms imposed by the State Chief Financial Officer for release of funds. 14. As consideration for the satisfactory completion of the eligible work identified in Attachment A and approval of the work by the DEPARTMENT,the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis.All requests for reimbursement shall be made in accordance with Attachment E(Contract Payment Requirements),attached hereto and made a part hereof,and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment F(Request for Payment,PARTS I—IV),attached hereto and made a part hereof. These forms are to be submitted upon completion of deliverables identified in the approved Scope of Work. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061,Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations,environmental permits, and variances,including those required pursuant to Chapters 161,253, 258 and 373,Florida Statutes, have been obtained. The final payment will not be processed until the match requirement has been met. 15. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each request for payment to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. It is understood and agreed DEP Agreement No. 14C0 I,Page 4 of 12 Packet Page -585- 1/13/2015 16.A.22. that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and will reset when such information is received as requested by the DEPARTMENT. Upon approval of the request for payment the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten(10)percent which shall be retained on account. The cumulative amount retained for each eligible deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines),as appropriate.When requested,this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs,and fringe benefits). 16. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager on a quarterly basis,Attachment F(Project Progress Report,Part III),as updates to the project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period in which the project is underway. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. Progress reports are to be submitted electronically in Word .doc or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report:tasks to be completed, start and finish dates,task duration, and actual start and finish dates with actual task duration. In cases where no reimbursement is sought for a given quarter, all applicable portions of the progress report must still be completed and submitted. The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. 17. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion,attached hereto as Attachment G(Project Completion Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT within sixty(60)days after the PROJECT is certified complete by the LOCAL SPONSOR. 18. The LOCAL SPONSOR shall,at a minimum,comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287,and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 19. The applicable provisions of Chapter 161,Florida Statutes, entitled"Beach and Shore Preservation", and any rules promulgated there from, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 20. 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. 21. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s)for termination. DEP Agreement No. 14C01,Page 5 of 12 CS) Packet Page-586- 1/13/2015 16.A.22. B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty(30)days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or overnight courier to the address set forth in this Agreement. 22. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the event that a deliverable is deemed unsatisfactory by the DEPARTMENT,the LOCAL SPONSOR shall re- perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe,the DEPARTMENT may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the DEPARTMENT'S 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 LOCAL SPONSOR to the DEPARTMENT. All CAPs must be able to be implemented and performed in no more than sixty (60)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 LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If the CAP is not accepted,the LOCAL SPONSOR shall have ten(10)calendar days from receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall result in the DEPARTMENT'S termination of this Agreement for cause as authorized in this Agreement. B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP,the LOCAL SPONSOR shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the DEPARTMENT or steps taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP until all deficiencies are corrected, Reports on the progress of the CAP will be made to the DEPARTMENT as requested by the Department Grant Manager. C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency in the performance of the LOCAL SPONSOR as specified by the DEPARTMENT may result in termination of this Agreement. The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by this Agreement. 23. Any notices between the parties shall be considered delivered by email,overnight courier or delivered in person to the contact person at the addresses below. LOCAL SPONSOR Gary McAlpin 2800 North Horseshoe Drive Naples, Florida 34104 garymcalpinc colliergov.net DEP Agreement No. 14CO1,Page 6 of 12 Packet Page -587- 1/13/2015 16.A.22. DEPARTMENT Dena VanLandingham,Grant Program Administrator Department of Environmental Protection Beach Management Funding Assistance Program 2600 Blair Stone Road,MS 3554 Tallahassee,Florida 32399 Dena.Vanlandinghani dep.state.fl.us Any changes to the contact information shown above or in paragraph 24 must be reduced to writing in the form of an email notification. 24. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin,Phone: (239)252-5342. The DEPARTMENT's Project Manager for all technical matters is Vince George, Phone: (850)245- 7557 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham,Phone:(850)245-7692. 25. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents,papers,letters,or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a)of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes. 26. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years �-. following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 27. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment H (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment H summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment H. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Program Administrator at 850/245-7692,to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment H, Exhibit 1 when making its determination. For federal financial assistance,the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section_.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the"Links/Forms"section appearing at the following website: https://apps.fldfs.com/fsaa DEP Agreement No. 14C01,Page 7 of 12 Packet Page -588- • 1/13/2015 16.A.22. The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 28. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature,the judicial branch or a state agency. 29. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 31. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right,power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 32. To the extent required by law,the LOCAL SPONSOR will be self-insured against,or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project.In the case any work is subcontracted,the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law,Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 33. The LOCAL SPONSOR 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 LOCAL SPONSOR's officers,employees,servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 34. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 35. This Agreement is neither intended nor shall it be construed to grant any rights,privileges or interest in any third party without the mutual written agreement of the parties hereto. 36. A. No person, on the grounds of race, creed, color, national origin,age, sex,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. DEP Agreement No. 14C01,Page 8 of 12 Packet Page-589- 1/13/2015 16.A.22. B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the Florida Department of Management Services 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. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services,Office of Supplier Diversity at (850)487-0915. 37. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. LOCAL SPONSORS are prohibited from commingling funds on either a program- by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a LOCAL SPONSOR's, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refund,either in whole or in part,of the funds provided to the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT,the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR. 38. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. Regardless of any subcontract,the LOCAL SPONSOR is ultimately responsible for all work to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061,Florida Statutes. da DEP Agreement No. 14C01,Page 9 of 12 Packet Page -590- 1/13/2015 16.A.22. 1. The LOCAL SPONSOR may award,on a competitive basis,fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the DEPARTMENT for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the LOCAL SPONSOR shall request the advance written approval from the DEPARTMENT's Project Manager of the fixed price negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DEPARTMENT Project Manager's approval of the fixed price amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract. 3. All subcontracts are subject to the provisions of paragraph 14 and any other appropriate provisions of this Agreement which affect subcontracting activities. B. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 39. When applicable,the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287,F.S. Upon the DEPARTMENT's request,the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work. 40. The purchase of non-expendable equipment costing$1,000 or more is not authorized under the terms and conditions of this Agreement. 41. The DEPARTMENT may at any time, by written order designated to be a change order, make any change minor modifications, as described below. All change orders are subject to the mutual agreement of both parties as evidenced in writing.Any change,which causes an increase or decrease in the LOCAL SPONSOR's cost or time,shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of, a modification of deliverable due dates when such change does not involve an extension of contract,and modifying the Project Work Plan when such modifications would not involve a decrease/increase in cost or an extension of the performance period of this Agreement. 42. The LOCAL SPONSOR shall comply with all applicable federal,state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. bJ DEP Agreement No. 14CO1,Page 10 of 12 Packet Page -591- 1/13/2015 16.A.22. 43. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project,a sufficient property interest in order to construct,maintain,monitor,and repair the erosion control project prior to entering each individual property to conduct such activities. 44. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay,the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused,or will be caused by a force majeure,the DEPARTMENT may,at its discretion,extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the DEPARTMENT accepting,or if necessary,modifying the extension. A force majeure shall be an act of God,strike,lockout,or other industrial disturbance,act of the public enemy,war,blockade,public riot,lightning,fire,flood,explosion,failure to receive timely necessary third party approvals through no fault of the LOCAL SPONSOR,and any other cause,whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s)shall not constitute a force majeure event. 45. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement,unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14CO1,Page 11 of 12 Packet Page -592- 1/13/2015 16.A.22. IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: COLLIER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Title:Chairman Department of Environmental Protection Secretary or designee Date: Date: FEID No. 59-60000558 Department of Environmental Protection ATTEST: Grant Program Administrator DWIGHT E. BROCK, Clerk By: APPROVED as to form and legality: L al Sponsor's Attorney Department of Environmental Protection if necessary) Attorney *If someone other than the Chairman signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description(include number of pages) Attachment A Grant Work Plan(3 pages) Attachment B Funding Eligibility(3 page) Attachment C Advanced Payment Justification Form(3 pages) Attachment D Advanced Payment—Interest Earned Memorandum Sample(1 page) Attachment E Contract Payment Requirements(1 page) Attachment F Request For Payment,Parts I-IV(5 pages) Attachment G Project Completion Certification(l page) Attachment H Special Audit Requirements(5 pages) 1 v DEP Agreement No. 14C01,Page 12 of 12 Packet Page-593- 1/13/2015 16.A.22. ATTACHMENT A GRANT WORK PLAN Project Title:Collier County Beach Nourishment. Project Location: The project includes 7.5 miles of shoreline in three segments within Collier County, FL. The segments consist of the following components: Vanderbilt Beach, approximately 1.6 miles between DEP Monuments R22-R31; Park Shore, approximately 2.2 miles between DEP Monuments R43.7-R54.4; and Naples, approximately 3.7 miles between DEP Monuments R58-R79. The project areas have been expanded from the original restoration project that was constructed in 1996. Project Background: Restoration was completed in 1996 followed by nourishment in 2006&2013. The 2006 nourishment project included a one acre mitigation reef to compensate for damage to nearshore hardbottom resources. Subsequent storm events caused additional erosion to the project. Federal funding assistance was awarded by the Federal Emergency Management Agency(FEMA) to mitigate for storm-induced erosion caused by Tropical Storm Fay in 2008 and Tropical Storm Debby in 2012. Staff determined a 32.24%state cost sharing percentage for activities conducted prior to the 2013 program rule amendment and a 40.35% state cost sharing percentage for activities conducted after to the 2013 rule amendment. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement,all applicable DEPARTMENT permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards technical specifications contained in the DEPARTMENTS Monitoring Standards for Beach Erosion Control Projects (2014) and Processing Plan and Geographic Information System Guidelines,unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. This plan may be found at http://www.dep.state.fl.us/beaches/publications/odf/PhvsicalMonItoringstandards.pdf.One(I)electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT,unless otherwise specified. The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications for beach nourishment. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Performance Standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment.When comments are received from the Department affirming that the deliverable is acceptable,payment will be authorized. 2.1 Permit Modification for FY 2013-14 Collier County Nourishment Project Activities include design and engineering services required for acquisition of permits from FDEP & USACE,including preparation of an Environmental Assessment to meet NEPA requirements. Deliverable A: Completed Permit Application for the FY 2013-14 Collier County Beach Nourishment Project. Total Cost $355,774(DEP cost$114,701.54). Due Date:December 31,2017. r DEP Agreement No. 14C01,Attachment A,Page 1 of 3 Packet Page -594- 1/13/2015 16.A.22. 2.2 Preliminary Coastal Processes Review Report Long Term Coastal Trend Analysis including data since restoration(1996) Deliverable A:Coastal Trend Analysis Report. Total Cost: $11,579(DEP cost$3,733.07). Due Date: December 31,2017. 2.3 Permit Modification for Truck Haul(2014-15) Activities include design and engineering services required for acquisition of permit modifications from FDEP&USACE, for the 2014-2015 truck haul in Naples,with hot spot nourishment along entire project length. Deliverable A:Completed Permit Application for the FY 2014-15 Collier County Beach Nourishment Project/Naples Segment. Total Cost:$105,204(DEP cost$42,449.81). Due Date:December 31,2017 2.4 Beach Project 15 Year Permit Activities include design and engineering services required for acquisition of a 15-year permit for the entire length of the Collier Count Beach Nourishment Project. Deliverable A:Completed Permit Application for 15-year permit for the Collier County Beach Nourishment Project. Total Cost:$100,589(DEP cost$40,587.66). Due Date:December 31,2017. 3.0 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Performance Standard: Work products(Deliverables)must meet acceptance standards of the engineer, building code inspector,Joint Coastal Permit,or a combination of these, as required,to assure all project- related construction is completed to desired specifications. 3.1 Emergency Truck Haul(2012-13) Activities included two hot spot nourishments at Vanderbilt and Naples beach segments to address storm impacts as an interim measure prior to full beach nourishment. Deliverable A:Post Construction Report for 2012-2013 emergency truck haul Total Cost: $26,850(DEP cost$8,656.44). Due Date:December 31,2017. 3.2 Pre-Construction Services for 2013-14 Nourishment Activities include pre-construction diving surveys and monitoring of hardbottom resources,activities related to obtaining USFWS Biological Opinion,and assistance with contractor bidding/contract award. Deliverable A:Bid Tabs award documentation for 2013-2014 Construction phase Total Cost:$179,884(DEP cost$57,994.60). Due Date:December 31,2017. DEP Agreement No. 14C01,Attachment A,Page 2 of 3 Packet Page-595- 1/13/2015 16.A.22. 3.3 Construction Services for 2013-14 Nourishment Activities include the submittal of a monitoring report of construction, for the FY 2013-14 Collier County Beach Nourishment Project, by a professional engineer registered in the State of Florida that verifies sand placement and pay volumes and confirms removal of all equipment from beach. The certification shall confirm that beach access points are returned to a remediated condition. Deliverable A: Immediate Post Construction Monitoring Report for 2013-2014 nourishment Total Cost: $115,261 (DEP cost$37,160.15). Due Date: December 31,2017. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. DEP Agreement No. 14CO1,Attachment A,Page 3 of 3 Packet Page -596- i 1/13/2015 16.A.22. ATTACHMENT B COLLIER COUNTY BEACH NOURISHMENT Vanderbilt Beach Segment Project Boundary: 350' south of R-22 to R-31 Approximate Shoreline Length: 8,412 FEET Location/Name Address R- Type of Width of Total Public Eligible Eligible Mon Access Access/ Units or Units or Shoreline Shoreline Frontage Parking Parking (ft)from (ft) Spaces Spaces Parking Delnor Wiggins R-22 Primary 60 340 340 2640 2700 State Recreation Area La Playa R-26 Hotel 360 0 0 0 360 Vanderbilt R-29 Primary 130 167 167 4040 4170 Beach Road Total eligible shoreline length: 7,230 FEET Total project shoreline length: 8,412 FEET Percent eligible for State funding: 85.94 PERCENT Parkshore Segment Project Boundary: 500' north of R-44 to 390' south of R-54 Approximate Shoreline Length: 11,438 FEET Location/Name Address R- Type of Width of Total Public Eligible Eligible Mon Access Access/ Units or Units or Shoreline Shoreline Frontage Parking Parking (ft)from (ft)* Spaces Spaces Parking Clam Pass Park R-44 Primary 3345 172 _172 355 2285 Horizon Way R-52 Secondary 60 53 53 1661 172I Vedado Way R-53 _ Secondary 60 37 37 1954 2014 Total eligible shoreline length: 6,020 FEET Total project shoreline length: 11,438 FEET Percent eligible for State funding: 52.62 PERCENT *Overlap DEP Agreement No. 14C01,Attachment B,Page 1 of 3 Packet Page-597- 1/13/2015 16.A.22. Naples Segment Project Boundary: 1,050'north of R-58 to R-79 Approximate Shoreline Length: 19,375 FEET Location/Name Address R- Type of Width of Total Public Eligible Eligible Mon Access Access/ Units or Units or Shoreline Shoreline Frontage Parking Parking (ft)from (ft)* Spaces Spaces Parking Edgewater Hotel R-59 Hotel 265 0 0 0 265 Lowdermilk Park R-61 Primary 920 210 210 5280 6200 8th Avenue North R- Secondary 60 21 21 1109 1169 63.5 _ 7th Avenue North R-64 Secondary 60 I2 12 634 694 North Lake R- Secondary 60 38 38 2006 2066 Avenue 64.5 6th Avenue North R-65 Secondary 60 10 10 528 588 5th Avenue North R- Secondary 60 0 0 0 60 65.5 4th Avenue North R-66 Secondary 60 15 15 792 852 3rd Avenue North R- Secondary 60 14 14 739 799 66.5 2nd Avenue North R-67 Secondary 60 16 16 845 905 1st Avenue North R- Secondary 60 17 17 898 958 67.5 Central Drive R-68 Secondary 60 12 12 634 694 1st Avenue South R- Secondary 60 16 16 845 905 68.5 2nd Avenue South R-69 Secondary 60 11 11 581 641 3rd Avenue South R- Secondary 60 14 14 739 799 69.5 4th Avenue South R-70 Secondary _60 15 15 792 852 5th Avenue South R- Secondary 60 56 56 2640 2700 70.5 6th Avenue South R-71 Secondary 60 12 12 634 694 7th Avenue South R- Secondary 60 16 16 845 905 71.5 8th Avenue South R-72 Secondary 60 11 11 581 641 9th Avenue South R- Secondary 60 15 15 792 852 72.5 _ 10th Avenue South R-73 Secondary 60 21 21 1109 1169 11th Avenue South R- Secondary 60 13 13 686 746 73.5 Broad Avenue R-74 Secondary 60 48 48 2534 2594 12th Avenue South R74.5 Primary 60 107 107 5280 5340 13th Avenue South R-75 Secondary 60 31 31 1637 1697 14th Avenue South R- Secondary 60 30 30 1584 1644 75.5 /"'"" DEP Agreement No. 14CO1,Attachment B,Page 2 of 3 Packet Page -598- 1/13/2015 16.A.22. Location/Name Address R- Type of Width of Total Public Eligible Eligible Mon Access Access/ Units or Units or Shoreline Shoreline Frontage Parking Parking (ft)from (ft)* Spaces Spaces Parking 15th Avenue South R-76 Secondary 60 18 18 950 1010 16th Avenue South R- Secondary 60 30 30 1584 1644 76.5 17th Avenue South R-77 Secondary 60 10 10 528 588 18th Avenue South R- Secondary 60 39 39 2059 2119 77.5 19th Avenue South R-78 Secondary 60 0 0 0 60 21st Avenue South R- Secondary 60 0 0 0 60 78.5 Total eligible shoreline length: 18,410 FEET Total project shoreline length: 19,375 FEET Percent eligible for State funding: 95.02 PERCENT *Overlap DEP Agreement No. 14C01,Attachment B,Page 3 of 3 Packet Page -599- 1/13/2015 16.A.22. ATTACHMENT C ADVANCE PAYMENT JUSTIFICATON FORM Required Signatures: ff: ti;:i9t7 Use of this form is not required unless the advance requested requires the prior approval of the Florida Department of Financial Services (DFS). For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017,Florida Statutes,and meet one of the advance payment requirements identified in Section 215.422(14),Florida Statutes,use of this form is waived. However,the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14),Florida Statutes that allows the advance to be made without prior DFS approval. A letter requesting advance payment from the recipient, on its letterhead, must be attached. The DEP Program Area should forward this information to the Contract Disbursements Section at MS 78. The Contract Disbursements Section will forward requests for advance payment to DFS for review and legislature consultation, as appropriate. Name/Address of the Vendor/Recipient: Contact Person/Phone No.: Agreement No./Purchase Order No. (if known): Commodities/Services/Project Description: Organizational Structure (i.e. local gov't, non-profit corporation,etc.) Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: 0 90 days startup ❑ Full Contract Period R Quarterly `❑ Other(specify): Indicate Statutory Authority: 215.422, F.S ❑ 216.181,F.S. GAA Year and Line Item Info: SFY: Line Item: 1. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422,Florida Statutes(and the DFS's Reference Guide for State Expenditures)which exceed the purchasing threshold of category two as defined in 287.017,Florida Statutes. A. Document, if applicable,the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent (%)savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the DFS, Division of Treasury at 850/413-3165 regarding the current Treasury earnings rate. DEP Agreement No. 14C01,Attachment C, Page 1 of 3 Packet Page-600- 1/13/2015 16.A.22. B. Document, if applicable,how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: C. Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non-Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Appropriation Categories 05XXXX or 14XXXX) A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement(or Contract)No.,and 3)be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O.Box 3070 Tallahassee,Florida 32315-3070 DEP Agreement No. 14CO1,Attachment C, Page 2 of 3 Packet Page -601- 1/13/2015 16.A.22. 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits,overhead, contracts(specify services to be contracted out), equipment, if authorized (specify items to be purchased),supplies,travel,and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Second Third Fourth Quarter Quarter Quarter Quarter Salaries (identify personnel/titles) Fringe Benefits Contractual Services (list services and estimated costs) Equipment (identify each item and cost) Supplies Travel _Other(specify) Overhead/Indirect Total: Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or designee DEP Program Area Review/Approval Recommendation: ❑Approve Request Deny Request By: Date: Type Name of Signatory: Title: Bureau: Division: DEP Agreement No. 14C01,Attachment C,Page 3 of 3 Packet Page -602- 1/13/2015 16.A.22. ATTACHMENT D ADVANCE PAYMENT—INTEREST EARNED MEMORANDUM "SAMPLE DOCUMENT" TO: Dena VanLandingham,Beach Management Funding Assistance Program,MS#3554 FROM: Lydia Louis,Finance and Accounting Director,Bureau of Finance and Accounting,MS#78 DATE: SUBJECT: Advance Payment—DEP Agreement No.: XXXX BECP Project No.: XXXX Interest Due to DEP:(Quarterly) Pursuant to Section 216.181(16)(b),Florida Statutes,and paragraph 11 of the AGREEMENT,advance payments must be deposited into an interest bearing account until all funds have been depleted. In order to comply with this statute,advance approval of the State Chief Financial Officer,and the terms of the above referenced contract,the following information is needed for our records no later twenty (20)days following each calendar quarter(i.e.January 20,April 20,July 20,and October 20.) Advance funding disbursed(date of disbursement) S 1. Advanced funds expended by contractor covering period of (agreement execution)to(end of most recent calendar qtr), $ 2. Balance advance funding principal available $ 3. Interest earned on advanced funds covering period of (agreement executionl to (end of most recent calendar qtr) S 4. Amount of interest paid to DEP as of(end of most recent calendar qtr) $ 5. Balance Due to DEP as of(end of most recent calendar qtr) $ (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest that is based upon a grant/contract advance payment(s)will not be paid to DEP until after termination of the grant/contract,the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1,2,3,4,and 5. Items 3,4,and 5 will be the life to date interest. If the contract states that no interest is due,quarterly reports of unexpended advances are required,lines 1 and 2. The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables, payables,or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP,the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions,please contact Lydia Louis(850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. 14C01,Attachment D, Page 1 of 1 Packet Page -603- 1/13/2015 16.A.22. ATTACHMENT E Florida Department of Environmental Protection DEP 55-219 Contract Payment Requirements Required Signatures: Na Sitpre 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 Fringe Benefits should be supported by invoices showing the amount paid on Benefits behalf of the employee(e.g.,insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (4) Other Reimbursement will be made based on paid invoices/receipts. If nonexpendable direct property is purchased using State funds,the contract should include a provision for costs the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,for subsequent transfer to the State. (5) In-house Charges which may be of an internal nature (e.g., postage, copies, etc.) may be charges reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate, costs then the calculation should be shown. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm . DEP Agreement No. 14C01,Attachment E,Page 1 of I Packet Page-604- 1/13/2015 16.A.22. ATTACHMENT F FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT—PART I PAYMENT SUMMARY NAME OF PROJECT:Collier County Beach Nourishment LOCAL SPONSOR:ln11inr('n„nty DEP Agreement Number: 14C01 Billing Number: Billing Type: ❑ Interim Billing ❑Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $ $ $ $ *if applicable Cost Summary: State Funds Obligated$ Less Advance Pay$ Less Previous Payment$ Less Previous Retained$ Less This Payment$ Less This Retainage(10%)$ State Funds Remaining$ Local Funds Obligated$ Less Advance Pay$ Less Previous Credits$ Less This Credit$ Local Funds Remaining$ r-� DEP Agreement No. 14C01,Attachment F,Page 1 of 5 Packet Page -605- 1/13/2015 16.A.22. I 11 LLV w C` ca wa — .o V OC 1.7 ea a O f E E a; � _ a 1 744 c Q'7=.. L V 0 L V � .0 s E ° Z V F.V pw a r W f^ a ,4, c.) C..7 E v,WOE w a � v�2e _ € N a ot,.a m g. 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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT—PART III PROJECT PROGRESS REPORT NAME OF PROJECT:Collier County Beach Nourishment LOCAL SPONSOR:C'nllier C aunty DEP Agreement Number: 14C01 Billing Number: Report Period: Status of Eligible Project Items:(Describe progress accomplished during report period,including statement(s)regarding percent of task completed to date.Describe any implementation problems encountered,if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 2.1 Permit Modification for FY 2013/14 Collier County Nourishment Project 2.2 Preliminary Coastal Processes Review Report 2.3 Permit Modification for Truck Haul(2014/15) 2.2 Beach Project 15 Year Permit DEP Agreement No. 14C01,Attachment F,Page 3 of 5 Packet Page-607- 1/13/2015 16.A.22. �—. 3.0 CONSTRUCTION 3.1 Emergency Truck Haul(2012/13) 3.2 Pre-Construction Services for 2013/14 Nourishment 3.2 Construction Services for 2013/14 Nourishment DEP Agreement No. 14CO1,Attachment F,Page 4 of 5 Packet Page -608- 1/13/2015 16.A.22. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT—PART W NAME OF PROJECT:Collier County Beach Nourishment LOCAL SPONSOR:Cnllier Cnnnty DEP Agreement Number: 14C01 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the grant work plan. I certify that the purchases noted were used in accomplishing the project;and that invoices,check vouchers,copies of checks,and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 14C01, Attachment F,Page 5 of 5 Packet Page -609- 1/13/2015 16.A.22. ATTACHMENT G FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION NAME OF PROJECT:Collier County Beach Nourishment LOCAL SPONSOR:rotlier County DEP Agreement Number: 14C01 Task Completion ❑ Project Completion ❑ *1 hereby certify that the above mentioned project task has been completed in accordance with the Project Agreement, including any amendments thereto,between the DEPARTMENT and LOCAL SPONSOR,and all funds expended for the project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT,have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty(60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty(60)days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No.14C01,Attachment G,Page 1 of 1 Packet Page -610- 1/13/2015 16.A.22. Florida Department of Environmental Protection f10 p (SPECIAL AUDIT REQUIREMENTS) VEMEINSIENNI Required Signatures: $ $gnat 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 intemet at httn://12.46.245.173/cfda/cfda.html. DEP Agreement No. 14C01,Attachment H, Page 1 of 5 Packet Page -611- 1/13/2015 16.A.22. Florida Department of Environmental Protection F10.'_!A (SPECIAL AUDIT REQUIREMENTS) vesvosagestaw 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 httas://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 httta://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 speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that Slate 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 21 5.97(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: DEP Agreement No. 14C01,Attachment H, Page 2 of 5 Packet Page -612- 1/13/2015 16.A.22. Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENTS) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 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 the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 3. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32990-1450 DEP Agreement No. 14CO1,Attachment H,Page 3 of 5 Packet Page -613- 1/13/2015 16.A.22. Florida Department of Environmental Protection `FLORBA ° (SPECIAL AUDIT REQUIREMENTS) visigatagesafew 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee,Chief Financial Officer,or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14C01,Attachment H,Page 4 of 5 Packet Page -614- 1/13/2015 16.A.22. 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