Agenda 09/13/2011 Item #16D29/13/2011 Item 16.D.2.
EXECUTIVE SUMMARY
Recommendation to, approve Amendment No. 6 to the FDEP Cost Share Contract
No. 05COI yearly monitoring cost reimbursement of the Collier County Beach
Renourishment and authorize the Chairman to sign Amendment No. 6. This Contract
Amendment will result in a $300,075 reduction in Contract value from State close out of
completed contract work.
OBJECTIVE: To obtain approval of Amendment No. 6 to the FDEP Cost Share Contract that
sets out state and local funding limits for the Collier County Beach Renourishment Project.
CONSIDERATIONS: The FDEP Cost Share Contract sets out state and local funding limits
for the 2005 Beach Renourishment Contract along with all required yearly monitoring.
This Contract is being amended as the 2011 Legislature has reverted funds in Grant Agreement
05COI in the amount of $300,075, and this Amendment reflects removal of these funds. This
Amendment changes the amount of funding from the FDEP under this Agreement from
$5,776,164 to $5,476,088 as indicated on Exhibit 1B. This is a result of State close out of
completed contract work and is not a scope reduction of authorized work.
FISCAL IMPACT: Approval of this item will decrease the contract value of FDEP Cost Share
Contract by $300,075 to account for State close out of completed contract work. This
Agreement will set a new Contract value of $5,476,088. This is not a scope reduction of
authorized work and will not require additional funding from Collier County.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office, requires majority vote, and is legally sufficient for Board action. — CMG
RECOMME NDATION: To approve Amendment No. 6 to the FDEP Cost Share Contract
No. 05COI yearly monitoring cost reimbursement of Collier County Beach Renourishment and
authorize Chairman to sign Amendment No. 6. This Contract Amendment will result in a
$300,075 reduction in Contract value resulting from State close out of completed contract work.
PREPARED BY: Gary McAlpiu, Coastal Zone Management Director
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9/13/2011 item 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2.
Item Summary: Recommendation to approve Amendment No. 6 to the FDEP Cost Share
Contract No. 05C01 yearly, monitoring cost reimbursement of the Collier County Beach
Renourishment and authorize the Chairman to sign Amendment No. 6. This Contract
Amendment will result in a $300,075 reduction in Contract value from State close out of
completed contract work.
Meeting Date: 9/13/2011
Prepared By
Name: HambrightGail
Title: Accountant,Coastai Zone Management
7/14/20118:34:16 AM
Submitted by
Title: Accountant,Coastal Zone Management
Name: HambrightGail
7/14/2011 8:34:18 AM'
Approved By
Name: AlonsoHailey.
Title: Administrative Assistant,Domestic Animal Services
Date: 7/14/2011 10:29:55 AM
Name: McAlpinGary
Title: Director- Coastal Management Prvgrams,Coastal Zon
Date: 8/3/20114:12:43 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 8/16/2011 11:19:03 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
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Date: 8/17/20114:51:54 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/19/20114:28:18 PM
Name: FinnEd
Date: 8/29/20112:38:10 PM
Name: QchsLeo
Title: County Manager
Date: 8/30/20112:50:33 PM
�1
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9/13/2011 Item 16.D.2.
9/13/2011 Item 16.D.2.
AMENDMENT No: 6
DEP AGREEMENT No: 05CO1
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
AMENDMENT TO GRANT AGREEMENT FOR
COLLIER COUNTY BEACH NOURISHMENT
THIS AGREEMENT entered into on the 29`s day of November, 2005, amended on the 12'' day of May,
2006, amended on the 27'' day of August, 2007, amended on the 20 day of December, 2008, amended on the
5th day of January, 2010, and amended on the 29th day of July, 2010, between the FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT ") whose address is
3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 and COLLIER COUNTY whose address is,
3299 Tamiami Trail East, Naples, Florida 34112, a local government, (hereinafter referred to as the "LOCAL
SPONSOR "), is hereby amended as follows:
WHEREAS, the 2011 Legislature has reverted funds in grant 05C01 in the amount of $300,075, and
this amendment reflects removal of these funds; and,
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
• Paragraph l is hereby deleted in its entirety and replaced with the following:
n
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 -5, Revised 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 "Contract" and "Agreement" are used interchangeably, and the
terms "Grantee ", "Recipient' and "Local Sponsor" are used interchangeably.
Paragraph 2 is hereby deleted in its entirety and replaced with the following:
This Agreement shall begin on the last date executed and end on August 31, 2012. Pursuant to Section
161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its
subcontractor and approved by the Department beginning on or after November 29, 2005, 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 terminated by formal amendment.
Paragraphs 7 is hereby deleted in its entirety and replaced with the following:
The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as
specified in Table 1 below. It is understood and agreed that the detailed Scope of Work 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. Approval of the Scope of Work for each
task will be in the form of an approved amendment to this Agreement. The DEPARTMENT may
require at least ten percent (10 %) of the total cost share for a specified task be forfeited for failure to
obtain prior approval, through an executed amendment, from the DEPARTMENT for a specified task.
DEP Agreement Nc -- A -t No. 6, Pagel of 5
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9/13/2011 Item 16.D.2.
Paragraph 8 and Table 1 are hereby deleted in their entirety and replaced with the following:
The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are
identified in Table 1 below:
TABLE 1
Task #
Eli ible Project Tasks
Estimated Project Costs
Federal
DEP
Local
Total
2.0
Design
2.1
Artificial Reef Design
$5,725
$12,032
$17,757
2.2
Offshore Sand Search
$39,534
$83,089
$122,623
3.0
Construction
3.1
2006 Nourishment
$4,570,802
$8,635,791
$13,206,593
3.2
Construction Management
$43,471
$82,132
$125,603
3.3
Mitigation
$184,140
$622,079
$806,219
3.4
Additional Turtle Trawls
$47,243
$89,258
$136,501
4.0
Post Construction
Monitoring
4.1
Physical and Nearshore
Biological Monitoring
$232,020
$487,646
$719,666
4.2
Shorebird Monitoring
$7,305
$15,354
$22,659
4.3
Tilling
$11,241
$23,625
$34,866
4.4
Post Contrruction Physical
Monitoring
$25,117
$52,789
$77,906
4.5
Year 1 Physical Mointoring
(2007)
$47,261
$99,330
$146,591
4.6
Year 1 Biological Monitoring
(207)
$80,727
$169,667
$250,394
4.7
Years 2, 3, and 5 Monitoring
$181,502
$381,472
$562,974
TOTAL PROJECT COSTS
$5,476,088
$10,754,264
$16,230,352
Prior written approval from the DEPARTMENT'S Project Manager shall be required for changes within
approved deliverable budget categories up to 10% of the total deliverable budget amount. The
DEPARTMENT'S Grant Manager will transmit a copy of the written approval and revised budget to the
DEPARTMENT Contracts Disbursements Office for inclusion in the Agreement file. Changes greater
than 10% will require a formal change order to the Agreement.
Paragraph 9 is hereby revised to change the total amount of funding from the DEPARTMENT
under this Agreement from $5,776,164 to $5,476,088.
Paragraph 10 is hereby revised to replace the third sentence as follows:
Any modifications to the estimated TOTAL PROJECT COSTS shown in Table 1 above, shall be
provided through formal amendment to this Agreement.
• Paragraph 12 the following language is hereby added after the first sentence:
The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement
and re- initiated upon execution of subsequent amendments to this Agreement for additional funding.
DEP Agreement No Packet Page -2556- `t No. 6, Page 2 of 5
9/13/2011 Item 16.D.2.
• Paragraph 14 is hereby revised to replace the fourth sentence as follows:
These forms are to be submitted upon completion of the deliverables.
• Paragraph 14 the following language is hereby added to the Agreement:
The final payment will not be processed until the match requirement has been met.
Paragraph 15 is hereby revised to replace the first sentence as follows:
The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt
of each request for reimbursement 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.
Paragraph 16 the following language is hereby added after the first sentence:
The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and
December 31.
• Paragraph 16 is hereby revised to add the following after the last sentence:
The timely submittal of these quarterly reports will result in points for the ranking of future projects
under the Beach Management Funding Assistance Program.
Paragraph 20 the following language is hereby added after the second sentence:
The LOCAL SPONSOR will be notified in writing of any changes to the DEPARTMENT'S Project
Manager information.
Paragraph 35 the following language is hereby added after the first sentence:
The payment terms of subcontracts (other than construction and the purchase of commodities) shall
comply with the terms of this Agreement (for example, if payment under this Agreement is being made
on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The LOCAL
SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) days
after execution.
Paragraph 39 is hereby deleted in its entirety and replaced with the following:
The DEPARTMENT may at any time, by written order designated to be a change order, make any
change in the Project Manager information or task timelines within the current authorized Agreement
period. 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 change in Project Manager, modification of deliverable due dates
when such change does not involve an extension, 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.
DEP Agreement Ni it No. 6, Page 3 of 5
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9/13/2011 Item 16.D.2.
• Paragraph 44 the following language is hereby added:
A. The Grantee agrees that it will enroll and participate in the federal E -Verify Program for
Employment Verification under the terms provided in the "Memorandum of Understanding"
governing the program. The Grantee further agrees to provide to the Department, within thirty
(30) days of the effective date of this Amendment, documentation of such enrollment in the
form of a copy of the E- Verify "Edit Company Profile" screen ", which contains proof of
enrollment in the E- Verify Program (this page can be accessed from the "Edit Company
Profile" link on the left navigation menu of the E- Verify employer's homepage).
B. The Grantee further agrees that it will require each subcontractor that performs work under this
Agreement to enroll and participate in the E -Verify Program within ninety days of the effective
date of this Amendment or within ninety (90) days of the effective date of the contract between
the Grantee and the subcontractor, whichever is later. The Grantee shall obtain from the
subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E-
Verify Program and make such record(s) available to the Department upon request.
C. The Grantee further agrees to maintain records of its participation and compliance with the
provisions of the E- Verify program, including participation by its subcontractors as provided
above, and to make such records available to the Department or other authorized state entity
consistent with the terms of the Memorandum of Understanding.
D. Compliance with the terms of this Employment Eli ig bility Verification provision is made an
express condition of this Agreement and the Department may treat a failure to comply as a
material breach of the Agreement.
Attachment A4, Grant Work Plan is hereby deleted in its entirety and replaced with Attachment A -5,
Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the
Agreement to Attachment A -4 shall hereinafter refer to Attachment A -5, Revised Grant Work Plan.
Exhibit-113 to Attachment H -3 is hereby deleted in its entirety and replaced with Exhibit 1C, attached
hereto and made a part hereof.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto,
shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement N " it No. 6, Page 4 of 5
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9/13/2011 Item 16.D.2.
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year
last written below.
COLLIER COUNTY
By:
Title: Chairman
Date:
FEID No.59- 6000558
ATTEST:
DWIGHT E. BROCK, Clerk
Bj/:
G tee's Attorney
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or designee
Date:
Department of Environmen rotection
Grant Program Administrator
APPROVED as to form and legality:
Department of En en Protection
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 -5 Revised Grant Work Plan (4 pages)
Attachment H -3 Exhibit 1C (page 5 of 5)
DEP Agreement No. 05COI, Amendment No. 6, Page 5 of 5
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9/13/2011 Item 16.D.2.
ATTACHMENT A -5
REVISED GRANT WORK PLAN
Project Title: COLLIER COUNTY BEACH NOURISHMENT
Project Location: The project includes 8.6 miles, along three segments of shoreline within Collier
County, FL. The segments consist of the following components: Vanderbilt Beach, approximately
2.8 miles between DEP Monuments R22 -R37; Park Shore, approximately 2.1 miles between DEP
Monuments R43.7- R54.4; and Naples, approximately 3.7 miles between DEP Monuments R58-
R79.
Project Background: The project areas have been expanded from the original restoration that was
constructed in 1996. A nourishment project was completed in 2006 and included a one acre
mitigation reef to compensate for damage to nearshore hardbottom resources. Subsequent storm
events caused additional erosion to the project. Funding assistance was requested from the Federal
Emergency Management Agency and in 2008, federal funding was approved to mitigate for storm -
induced erosion.
The PROJECT shall be conducted in accordance with the terms and conditions set forth under this
Agreement, for 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 standard technical specifications contained in the DEPARTMENT'S Regional
Coastal Monitoring Data Plan and Geographic Information Systems Data Plan, unless otherwise
specified in the approved Scope of Work (herein after referred to as SOW) for an eligible
PROJECT item. These plans may be found at http : / /www.dep.state.fl.us/beaches /. Three (3)
originals and one (1) electronic copy of all written reports developed under this Agreement shall be
forwarded to the DEPARTMENT, unless otherwise specified.
Project Description:
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. This item
specifically excludes permit application fees or any other fees paid to the State of Florida.
Performance standard: All deliverables, reports, and design 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 Artificial Reef Design
Deliverable A: Final report containing project design template and analyses. Task 100%
complete. No funds remaining.
Total cost $17,757 (DEP cost $5,725)
Due date July 2006.
DEP Agreement No. 05COI A—.-,]---+ ATn 4 Attachment A -6, Page 1 of 4
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9/13/2011 Item 16.D.2.
2.2 Offshore Sand Search
Deliverable A: Final report of reconnaissance -level geotechnical investigations for Collier
County emergency offshore sand source evaluation - survey. Task 100% complete. No
funds remaining.
Total cost $122,624 (DEP cost $39,534)
Due date December 2007.
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 and North and South
causeways. Eligible costs include mobilization, demobilization, construction observation
or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune
stabilization measures, mitigation, 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 2006 Nourishment
Deliverable A: Certificate of Completion for 2006 sand placement construction for all three
segments of the Collier County Beach Restoration project. Task 100% complete. No funds
remaining.
Total cost $13,206,593 (DEP cost $4,570,802)
Due date July 2006.
3.2 Construction Management
Deliverable A: Report containing daily logs of construction phase oversight and
management services. Task 100% complete. No funds remaining.
Total cost $125,603 (DEP cost $43,471)
Due date July 2006.
3.3 Mitigation
Deliverable A: Certificate of completion for one -acre mitigation reef construction designed
to compensate for damage to nearshore hardbottom resources resulting from sand
placement. Task 100% complete. No funds remaining.
Total cost $806,219 (DEP cost $184,140)
Due date July 2007.
3.4 Additional Turtle Trawls
Deliverable A: Trawling log report for endangered species protection during construction.
Task 100% complete. No funds remaining.
Total cost $136,501 (DEP cost $47,243)
Due date July 2007.
DEP Agreement No. 05COl Amvnrimpnt Nn A. Attachment A -6, Page 2 of
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9/13/2011 Item 16.D.2.
4.0 Monitoring
A monitoring program conducted in accordance with the requirements specified in any and
all permits issued by the Department and the US Army Corps of Engineers. A monitoring
plan must be submitted and approved in writing by the Department prior to the initiation of
monitoring activities. The plan shall be developed in a manner that will coordinate the
monitoring activities associated with current shoreline stabilization projects located within
or adjacent to the project area and with the Department's Regional Coastal Monitoring
Program.
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.
4.1 Physical & Nearshore Biological Monitoring
Deliverable A: Monitoring report containing pre construction aerials, hydrographic surveys,
analysis required by permit in physical monitoring plan, pre -, post- and pipeline
construction monitoring required by biological monitoring plan. Task 100% complete. No
funds remaining.
Total cost $719,666 (DEP cost $232,020)
Due date October 2005.
4.2 Shorebird Monitoring
Deliverable A: Shorebird monitoring report for monitoring surveys conducted during 2006
construction event. Task 100% complete. No funds remaining.
Total cost $22,659 (DEP cost $7,305)
Due date December 2006.
4.3 Tilling
Deliverable A: Beach tilling report for immediate post construction escarpment
remediation. Task 100% complete. No funds remaining.
Total cost $34,866 (DEP cost $11,241)
Due date July 2006.
4.4 Post Construction Physical Monitoring
Deliverable A: Report summarizing immediate post construction management and permit
requirements for all three segments of the project. Task 100% complete. No funds
remaining.
Total cost $77,905 (DEP cost $25,117)
Due date March 2007.
4.5 Year 1 Physical Monitoring
Deliverable A: First annual post construction physical monitoring report. Task 100%
complete. No funds remaining.
Total cost $146,592 (DEP cost $47,261)
Due date December 2007.
DEP Agreement No. 05COI Am—Amr nt Nn A Attachment A -6, Page 3 of 4
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9/13/2011 Item 16.D.2.
4.6 Year 1 Biological Monitoring
Deliverable A: First annual post construction biological monitoring report. Task 100%
complete. No funds remaining.
Total cost $250,393 (DEP cost $80,727)
Due date December 2007.
4.7 Years 2,3 & 5 Monitoring
Deliverable A: Second year post construction physical and biological monitoring report.
Total cost $187,658 (DEP cost $60,500)
Due date December 2011.
Deliverable B: Third year post construction physical and biological monitoring reports.
Total cost $187,658 (DEP cost $60,500)
Due date December 2011.
Deliverable C: Fifth year post construction physical and biological monitoring reports.
Scopes of work added under this task must be approved by Bureau staff. No portion of
these funds may be expended until an amendment is executed per contract terns.
Total cost $187,659 (DEP cost $60,502)
Due date June 2012.
All Tasks are Contractual Services
DEP Agreement No. 05CO I A —A—+ X1^ A, Attachment A -6, Page 4 of 4
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9/13/2011 Item 16.D.2.
From: VanLandinaham, Dena
To: HambriahtGail
Date: Friday, August 05, 20112:37:38 PM
Hello Gail,
Before this amend. your contract total amount was 51776,164,
Beaches submitted to the Legislature to revert 300,075.49, they
rounded the number to an even number and before this amend was
processed the funds reverted on June 15 and the funds were actually
taken at that time. When the Leg. actually gave us the numbers back
we had already given them the .49 which left an uneven about in the
contract of 476, 088.51.
As Vince was trying to put the work plan together he chose to only
have whole $'s as payables, so he put his work plan together to drop
the .51 so now your contract value is 5,476,088, The Leg. reverted
300075 and Vince dropped the value by $1.
Does that make sense or help. Your work plan value is correct with
the table. Call if you need more.
Thanks, dv
Dena VanLandingham, OMCM
Grant Program Administrator,
Bureau of Beaches and Coastal System,
Beach Erosion Control Program
Phone: 850/922 -7711
Fax: 850/488 -5257
The Department of Environmental Protection values your feedback as a customer. DEP Secretary
Herschel T. Vinyard Jr. is committed to continuously assessing and improving the level and quality of
services provided to you. Please take a few minutes to comment on the quality of service you received.
Simply click on this link to the DEP Customer Survex. Thank you in advance for completing the survey.
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