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Agenda 12/11/2018 Item #16A1612/11/2018 EXECUTIVE SUMMARY Recommendation to approve Amendment No. 1 to the Department of Environmental Protection (DEP) Agreement No. LP11030 which provides grant funding for Storm Water, Water and Waste Water improvements along 95th Ave N. and 96th Ave N. in Naples Park by extending the period of agreement by 730 calendar days and updating language within certain sections of the agreement. OBJECTIVE: To extend the period of agreement by 730 calendar days and to update the language within certain sections of DEP Agreement No. LP11030. CONSIDERATIONS: On December 13, 2016, the Board approved DEP Agreement No. LP11030 (agenda item 16A45) recognizing grant funding in the amount of up to $750,000 for the construction of the Naples Park Area/Basin Infrastructure Optimization for Stormwater, Water and Wastewater (Phase II). Phase II of the project will include stormwater, water, and sewer improvements along 95th Ave N and 96th Ave N. This project is a collaborative effort between the Public Utilities Department (PUD) a nd the Growth Management Department (GMD) to reduce construction costs and avoid multiple disturbances in the neighborhood. Construction of stormwater, water and sewer improvements within 95th Ave N. commenced on September 2018 and it is expected to be completed by September 2019. Design for 96th Ave N. is 90% completed, and staff anticipates commencing construction by July 2019, with expected completion in October 2020. The expiration date of the DEP Agreement LP11030 is June 30th, 2019. Staff is requesting to extend the period of Agreement by 730 calendar days to allow sufficient time to complete construction of both streets, submit and review final invoices, send payment requests to DEP for reimbursement, and process grant closeout. Additionally, it is requested to update the language within several sections of the Agreement as identified in the attached Amendment. All other terms and conditions of the Agreement shall remain unchanged. FISCAL IMPACT: There is no fiscal impact associated with this action. Funds in the amount of $750,000 were previously appropriated as shown in the table below: Dept / Grant Fund Description Fund # Project Number Amount Growth Management Stormwater 711 60139 $375,000 Public Utilities Water 416 70120 $187,500 Public Utilities Wastewater (Sewer) 416 70120 $187,500 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority for Board action. - JAB RECOMMENDATION: To approve Amendment No. 1 to DEP Agreement No. LP11030 between the BCC and the State of Florida DEP to extend the period of agreement by 730 calendar days and to update the language under certain sections of DEP Agreement No. LP11030. Prepared by: Liz Gosselin, Associate Project Manager, Capital Project Planning, Impact Fees and Program Management Division 16.A.16 Packet Pg. 1150 12/11/2018 ATTACHMENT(S) 1. DEP LP11039 Agreement (fully executed) (PDF) 2. LP11030 - Amendment No.1 - CAO stamped (PDF) 16.A.16 Packet Pg. 1151 12/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.16 Doc ID: 7255 Item Summary: Recommendation to approve Amendment No. 1 to the Department of Environmental Protection (DEP) Agreement No. LP11030 which provides grant funding for Storm Water, Water and Waste Water improvements along 95th Ave N. and 96th Ave N. in Naples Park by extending the period of agreement by 730 calendar days and updating language within certain sections of the agreement. Meeting Date: 12/11/2018 Prepared by: Title: Planner – Capital Project Planning, Impact Fees, and Program Management Name: Liz Gosselin 11/06/2018 10:30 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 11/06/2018 10:30 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 11/06/2018 11:23 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 11/06/2018 12:34 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 11/06/2018 5:01 PM Capital Project Planning, Impact Fees, and Program Management Gino Santabarbara Additional Reviewer Completed 11/06/2018 8:30 PM Growth Management Department Gene Shue Additional Reviewer Completed 11/07/2018 6:35 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/08/2018 7:56 AM Public Utilities Planning and Project Management Diana Dueri Additional Reviewer Completed 11/08/2018 2:33 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 11/09/2018 2:12 PM Growth Management Department James C French Deputy Department Head Review Skipped 11/13/2018 1:18 AM Grants Natali Betancur Level 2 Grants Review Completed 11/14/2018 1:27 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/14/2018 3:36 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/15/2018 12:55 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/15/2018 2:09 PM Budget and Management Office Ed Finn Additional Reviewer Completed 11/16/2018 9:39 AM 16.A.16 Packet Pg. 1152 12/11/2018 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/16/2018 10:42 AM County Attorney's Office Emily Pepin CAO Preview Completed 11/16/2018 3:12 PM Grants Therese Stanley Additional Reviewer Completed 11/21/2018 10:38 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/26/2018 12:29 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM 16.A.16 Packet Pg. 1153 16A45 DEP AGREEMENT NO. LP11030 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE GRANT AGREEMENT PURSUANT TO LINE ITEM 1600A OF THE FY16-17 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into pursuant to Section 215.971,Florida Statutes(F.S.),between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard,Tallahassee,Florida 32399-3000(hereinafter referred to as the"Department")and COLLIER COUNTY, whose address is 3299 Tamiami Trail East,Suite 303,Naples,FL 34112(hereinafter referred to as"Grantee"),a local government, to provide financial assistance for the Naples Park Area/ Basin Infrastructure Phase II project. Collectively,the Department and the Grantee shall be referred to as"Parties"or individually as a"Party". In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. TERMS OF AGREEMENT: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and Recipient"are used interchangeably. 2. PERIOD OF AGREEMENT: This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2019, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2016, through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$750,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. i.A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories,as defined in Attachment A,are less than ten percent 10%) of the total budget as last approved by the Department. All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee's match requirements, a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between approved budget categories,as defined in Attachment A,exceeds or is expected to exceed ten percent(10%) DEP Agreement No.LPI 1030,Page 1 of 13 16.A.16.a Packet Pg. 1154 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 1 6A 45 of the total budget as last approved by the Department.All Amendments are subject to the mutual agreement of both parties as evidenced in writing. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form.To be eligible for reimbursement,costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds,including,but not limited to,the Reference Guide for State Expenditures,which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference_guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty(60)calendar days following the completion date of the Agreement,to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement,and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C,Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Reimbursement shall be limited to the following budget categories: i. Contractual (Subcontractors) —Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour,and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Subcontracts, which involve equipment purchases as part of an installation/retrofit or that include infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial Officer(CFO)Memorandum No. 5 (2011-2012), must be capitalized in accordance with Chapter 69I-72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement,in writing,on its subcontractors. For fixed-price(vendor)subcontracts,the following provisions shall apply: a.The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(i.e.,Invitation to Bid or Request for Proposals)resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance,the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and DEP Agreement No.LP11030,Page 2 of 13 CAO 16.A.16.a Packet Pg. 1155 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. c.All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C.and D.above,the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference guide/. F. i.The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement,the Grantee,or subrecipient,shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled,the Department shall have the right to demand a refund,either in whole or in part,of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s)are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs,incurred under this Agreement and reimbursed by the Department,from another source(s),the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. ANNUAL APPROPRIATION: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 5. REPORTS: A. The Grantee shall utilize Attachment D,Progress Report Form,to describe the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly reports shall be submitted to the DEP Agreement No.LP11030,Page 3 of 13 C 16.A.16.a Packet Pg. 1156 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 6 A 4 5 Department's Grant Manager no later than twenty(20)calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty(30)calendar days to review the required reports and deliverables submitted by the Grantee. B. The Grantee will identify the expected return on investment for this project and provide this information to the Governor's Office of Policy and Budget(OPB)within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB,no later than 20 days after the end of each quarter,documenting the positive return on investment to the state that results from the Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed,or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us,and a copy shall also be submitted to the Department at legislativeaffairs@dep.state.fl.us. 6. RETAINAGE: Retainage is not required under this Agreement. 7. INDEMNIFICATION: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,Florida Statutes. Further,nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 8. DEFAULT/TERMINATION/FORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect,or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days' written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s)for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty 30)calendar days'written notice.If the Department terminates the Agreement for convenience,the Department shall notify the Grantee of such termination,with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven(7)calendar days,the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure,the Department may, at its discretion,extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God,strike,lockout,or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any DEP Agreement No.LP11030,Page 4 of 13 CAO 16.A.16.a Packet Pg. 1157 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 other cause,whether of the kind specifically enumerated herein or otherwise,that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s)or subcontractor(s)shall not constitute a force majeure event. 9. REMEDIES/FINANCIAL CONSEOUENCES: No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department,the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable,at no additional cost to the Department,within ten(10)calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe,the Department may,in its sole discretion,either: 1)terminate this Agreement for failure to perform,or 2)the Department Grant Manager may,by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP)be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. A. A CAP shall be submitted within ten(10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten(10)calendar days of receipt of a CAP,the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,the Grantee shall have ten(10)calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee,the Department shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by the Agreement. 10. RECORD KEEPING/AUDIT: A. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5) years following the completion date or termination of the Agreement. In the event any work is subcontracted,the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement,in writing,on its subcontractors. DEP Agreement No.LPI 1030,Page 5 of 13 CAr 16.A.16.a Packet Pg. 1158 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 11. SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1,the Grantee shall notify the Department's Grants Development and Review Manager at 850)245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment E,Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance,the Grantee shall utilize the form entitled Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following website: https:\\apps.fldfs.com\fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to paragraph 3.D. of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation,a state college,county,municipality,school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: DEP Agreement No.LP 11030,Page 6 of 13 CAO 16.A.16.a Packet Pg. 1159 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 i.The contractor's maintaining an office or place of business within a particular local jurisdiction;or ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 14. LOBBYING PROHIBITION: In accordance with Section 216.347,F.S.,the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to,or otherwise available for use by,any executive,judicial,or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 15. COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person.Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at the addresses identified under paragraph 17. 17. CONTACTS: The Department's Grant Manager(which may also be referred to as the Department's Project Manager)at the time of execution for this Agreement is identified below: Pankaj Shah,or Successor Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd.,MS#3505 Tallahassee,Florida 32399 Telephone No.: 850-245-2962 E-mail Address: Pankaj.Shah@dep.state.fl.us DEP Agreement No.LP11030,Page 7 of 13 CAO' 16.A.16.a Packet Pg. 1160 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16 A 45 The Grantee's Grant Manager at the time of execution for this Agreement is identified below: Liz Gosselin,or Successor Planner Collier County Government 2685 South Horseshoe Drive,Unit 103 Naples,Florida 34104 Telephone No.: 239-252-5867 E-mail Address: LizGosselin@colliergov.net In the event the Department's or the Grantee's Grant Manager changes,written notice by electronic mail with acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment pursuant to paragraph 3.B should include the updated Grant Manager information. 18. INSURANCE: A. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee.This insurance must provide coverage for all claims that may arise from the performance of the work specified under this Agreement, whether such work is performed by the Grantee, any sub-grantee, or Grantee's contractors. Such insurance shall include the State of Florida,the Department,and the State of Florida Board of Trustees of the Internal Improvement Trust Fund,as Additional Insureds for the entire length of the Agreement. B. Coverage may be by private insurance or self-insurance.The Grantee shall provide documentation of all required coverage to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days'written notice(with the exception of non-payment of premium,which requires a 10- calendar-day notice) to the Department's Grant Manager. If the Grantee is self-funded for any category of insurance, then the Grantee shall provide documentation that warrants and represents that it is self-funded for said insurance,appropriate and allowable under Florida law,and that such self-insurance offers protection applicable to the Grantee's officers,employees,servants and agents while acting within the scope of their employment with the Grantee for the entire length of the Agreement. C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as specified below. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified under this Agreement,unless such sub grant or subcontractor employees are covered by the protection afforded by the Grantee. i.Workers' Compensation Insurance is required for all employees connected with the work of this project. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide proof of adequate insurance satisfactory to the Department,for the protection of its employees not otherwise protected. ii. Commercial General Liability insurance is required, including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and 300,000 each occurrence. iii. Commercial Automobile Liability insurance is required, for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or DEP Agreement No.LP11030,Page 8 of 13 16.A.16.a Packet Pg. 1161 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 operations are by the Grantee or any of its contractors. The minimum limits of liability shall be as follows: 300,000 Automobile Liability Combined Single Limit for Company- Owned Vehicles,if applicable 300,000 Hired and Non-owned Automobile Liability Coverage iv. Other Insurance may be required if any work proceeds over or adjacent to water,including but not limited to Jones Act,Longshoreman's and Harbormaster's,or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions concerning required coverage should be directed to the U.S. Department of Labor http://www.dol.gov/owcp/dlhwc/lscontac.htm)or to the parties'insurance carrier. 19. CONFLICT OF INTEREST: The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. EOUIPMENT: The purchase of non-expendable personal property or equipment costing $1,000 or more purchased for purposes of this Agreement remains the property of the Grantee. Upon satisfactory completion of this Agreement,the Grantee may retain ownership and will require its subcontractor to account for and report on all non-expendable personal property or equipment purchased under its subcontract. Non-expendable personal property or equipment purchased by a subcontractor that meets the parameters set forth in paragraph 3.D.of this Agreement shall be capitalized in accordance with Chapter 69I-72,F.A.C.,with property records maintained by the Grantee for audit purposes. The following terms shall apply: A. The Grantee and/or its subcontractor shall have use of the non-expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non-expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss,damage,or theft of,and any loss,damage or injury caused by the use of,non-expendable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. 21. UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 22. RESERVED. 23. DISCRIMINATION: A. No person,on the grounds of race,creed,color,religion,national origin,age,gender,or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. DEP Agreement No.LPI 1030,Page 9 of 13 C 16.A.16.a Packet Pg. 1162 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section 287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity,and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services,Office of Supplier Diversity,at(850)487-0915. 24. LAND ACQUISITION: Land acquisition is not authorized under the terms of this Agreement. 25. PHYSICAL ACCESS AND INSPECTION: As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents;and B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 26. PUBLIC RECORDS ACCESS: A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119,F.S.,and Section 24(a),Article I,Florida Constitution. C. If Grantee meets the definition of"Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an individual,partnership,corporation,or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency],then the following requirements apply: i. Pursuant to Section 119.0701,F.S.,a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time,the Grantee may be subject to penalties under s. 119.10,F.S. DEP Agreement No.LP11030,Page 10 of 13 C 16.A.16.a Packet Pg. 1163 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 ii. Upon request from the Department's custodian of public records,Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by law. iii. Grantee shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to Department,upon request from the Department's custodian of public records,in a format that is accessible by and compatible with the information technology systems of Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsmanc dep.state.fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd,Mail Slot 49 Tallahassee,FL 32399 27. TERMINATION FALSE CERTIFICATION,SCRUTINIZED COMPANIES,BOYCOTTING: Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135,F.S., for applicable sub- agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Agreement for cause if the Grantee,its affiliates,or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 28. EXECUTION IN COUNTERPARTS: This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- DEP Agreement No.LP 11030,Page 11 of 13 CAO 16.A.16.a Packet Pg. 1164 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 1 6 A 4 5 mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or".pdf'signature page were an original thereof. 29. SEVERABILITY CLAUSE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County,Florida. 30. ENTIRE AGREEMENT: This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing,duly signed by each of the parties hereto,and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.LP1 1030,Page 12 of 13 16.A.16.a Packet Pg. 1165 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16 A 45 IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed,the day and year last written below. COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: 4.477"Yii) By. Donna/Fiala Secretary or designee Chairman c, ts1 ' h 1f V Print Name of Authorized Person Print Name and Title o Authorized Person Date: 1741 3 10 Date: I I Pankaj Shah,DEP Grant Manager I_/l1,/ ' Angela ,S-cht,DEP QC Reviewer FEID No.:59-6000558 For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution,statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description(include number of pages) Attachment A Grant Work Plan(6 Pages) Attachment B Payment Request Summary Form(5 Pages) Attachment C Contract Payment Requirements(1 Page) Attachment D Progress Report Form(1 Page) Attachment E Special Audit Requirements(5 Pages) Attachment F Attachment Intentionally Excluded Attachment G Attachment Intentionally Excluded gat D e EAR s Approved as to form and legality DW K, Clerk S• t • As stint County Ait rn ` 2\`c1.\\CP Signature.only. DEP AgreementNo:-LP11030,Page 13 of 13 GAO 16.A.16.a Packet Pg. 1166 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: Naples Park Area/Basin Infrastructure Phase II PROJECT LOCATION: The project will be located within the Naples Park community,which is located west of Tamiami Trail North to the Gulf of Mexico and between Vanderbilt Beach Road and 111'Avenue North in Collier County,Florida. See Figure 1. PROJECT BACKGROUND: This multi-year program integrates stormwater, water, and wastewater improvements within the Naples Park Community in Collier County (Grantee). The Community, which began developing in the 1950s,encompasses twenty-one(21)streets.The goal of the overall program is to target one (1) to two (2) streets per phase to address stormwater, water and wastewater issues as funding becomes available. The stormwater collection system historically consisted of roadside ditches and driveways with a culvert pipe to allow stormwater to flow under and through the driveway.Most of these culverts and piping are too small,are installed at improper elevation,and/or have reached the end of their typical life span. Significant sections of the streets,within this community,experience chronic flooding during normal or slightly above normal rainfall conditions due to poor conditions of the internal street side collection and conveyance system. The potable water system was installed over 40 years ago and piping is constructed of asbestos cement that has reached the end of its useful life. Due to the pipe's age and environment, there is an ever increasing number of water main leaks and breaks, which directly affects the Collier County Water and Sewer District's ability to supply uninterrupted service to its customers. There are a limited number of isolation valves in this area. This restricts operational control during maintenance of the distribution system. The system also lacks a sufficient number of fire hydrants which impacts the fire protection in the area. The sewer system was also installed over 40 years ago and the vitrified clay pipe gravity sewer system needs to be replaced. Related infrastructure is aged. Replacement is needed to minimize the likelihood of sanitary system overflows in environmentally sensitive areas and to ensure continued effectiveness of the wastewater collection infrastructure. Funding for Phase I of this program, which included improvements within 107"Avenue North and 110' Avenue North within the community, was previously awarded as part of the FY2015-2016 Legislative Appropriations. Phase II of this program will include stormwater, water and wastewater improvements within 95th Avenue North and 96th Avenue North,within the Naples Park community. PROJECT DESCRIPTION: The project will address stormwater management, water and wastewater distribution issues within 95th Avenue North and 96th Avenue North. Stormwater improvements will provide stormwater runoff collection and conveyance improvements, reduction of potential flooding and water quality components by removing deteriorated culverts,installing perforated pipes and sedimentation traps, and reconstructing the roadside stormwater management system. Water improvements will provide minimization of potable water service interruptions to residents and businesses in Naples Park by removing old asbestos-concrete pipes and installing new PVC pipes; better distribution system by upgrading the diameter of pipes; fire protection system by replacing old hydrants and installing additional hydrants in the area; and protection of the water distribution system by installing back flow preventers for each service connection. Sewer/wastewater improvements will provide assurance and effectiveness of the wastewater collection;minimization of the likelihood of sanitary system overflows in environmentally sensitive areas; replacement of old clay pipes with PVC pipes, replacement of old force mains; and rehabilitation and DEP Agreement No.LP 11030,Attachment A,Page 1 of 6 16.A.16.a Packet Pg. 1167 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A455 replacement of pump stations. This project is the second phase of approximately ten(10) to twelve (12) phases to be completed within the next ten(10)to twelve(12)years as local funding becomes available. TASKS and DELIVERABLES: Task 1: Construction(Stormwater) Task Description: The Grantee will construct stormwater improvements in accordance with the final design(s) and required permits. These improvements will include removal of deteriorated culverts, installation of perforated pipes and sedimentation traps,and reconstruction of roadside swales. Deliverable la: Construction completed to date as described in this task, as evidenced by these interim deliverables: 1)Signed acceptance of the completed work by the Grantee,2)Contractor's Application and Certification for Payment, 3) dated color photographs of on-going work representing time period covered in payment request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written acceptance of each monthly interim deliverables submittal by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that month period under this task. Contractor's Application and Certification for Payment should include the following supporting documentation: 1. An itemized summary of the materials,labor,and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed;the amount expended for such work; the name of the person/entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially-complete designs, surveys, environmental documents and/or permit applications,drawings,and specifications(which must be made available upon request); and documentation demonstrating partial completion of construction activities. Deliverable lb: Stormwater improvements constructed as described in this task, as evidenced by these final deliverables: 1)Dated color photographs of the construction site(s)prior to, during,and immediately following completion of the construction task; 2)written verification that the Grantee has received record drawings and any required final inspection report(s)for the project;3)signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month outlined Interim Deliverable(s)and/or Final Deliverable(s)must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. DEP Agreement No.LPI1030,Attachment A,Page 2 of 6 0 16.A.16.a Packet Pg. 1168 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 Task 2: Construction(Water) Task Description: The Grantee will construct water improvements in accordance with the final design(s) and required permits.The installation of new water mains will replace asbestos-concrete pipes. The mains will be replaced with 6-inch and 8-inch PVC pipe along with additional fire hydrants to meet current Insurance Services Office standards for urban firefighting and to assure delivery of potable water to residents. Deliverable 2a: Construction completed to date as described in this task, as evidenced by these interim deliverables: 1)Signed acceptance of the completed work by the Grantee,2)Contractor's Application and Certification for Payment, and 3) dated color photographs of on-going work representing time period covered in payment request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written acceptance of each monthly interim deliverables submittal by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that monthly period under this task. Contractor's Application and Certification for Payment should include the following supporting documentation: 1. An itemized summary of the materials,labor,and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed;the amount expended for such work; the name of the person/entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially-complete designs, surveys, environmental documents and/or permit applications,drawings,and specifications(which must be made available upon request); and documentation demonstrating partial completion of construction activities. Deliverable 2b Water improvements constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction task; 2)written verification that the Grantee has received record drawings and any required final inspection report(s)for the project;3)signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined Interim Deliverable(s)and/or Final Deliverable(s)must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. DEP Agreement No.LP11030,Attachment A,Page 3 of 6 16.A.16.a Packet Pg. 1169 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 Task 3: Construction(Wastewater) Task Description: The Grantee will construct wastewater improvements in accordance with the final design(s) and required permits.This task will include the replacement of wastewater gravity mains, force mains and pump stations. The installation of new wastewater mains will replace all PVC and clay pipes. Deliverable 3a: Construction completed to date as described in this task, as evidenced by these interim deliverables: 1)Signed acceptance of the completed work by the Grantee,2)Contractor's Application and Certification for Payment, and 3) dated color photographs of on-going work representing time period covered in payment request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written acceptance of each monthly interim deliverables submittal by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that monthly period under this task. Contractor's Application and Certification for Payment should include the following supporting documentation: 1. An itemized summary of the materials,labor,and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed;the amount expended for such work; the name of the person/entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially-complete designs, surveys, environmental documents and/or permit applications,drawings,and specifications(which must be made available upon request); and documentation demonstrating partial completion of construction activities. Deliverable 3b: Wastewater improvements constructed as described in this task, as evidenced by these final deliverables: 1)Dated color photographs of the construction site(s)prior to,during,and immediately following completion of the construction task; 2)written verification that the Grantee has received record drawings and any required final inspection report(s)for the project; 3)signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month.The outlined Interim Deliverable(s)and/or Final Deliverable(s)must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. DEP Agreement No.LP11030,Attachment A,Page 4 of 6 16.A.16.a Packet Pg. 1170 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A 45 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by,the corresponding task end date. Task Budget Task Start Task End No Task Title Budget Category Amount Date Date 1 Construction(Stormwater) Contractual 375,000 05/01/2017 12/31/2018 Services 2 Construction(Water) Contractual 187,500 05/01/2017 12/31/2018 Services 3 Construction(Wastewater) Contractual 187,500 05/01/2017 12/31/2018 Services Total: $750,000 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.LP11030,Attachment A,Page 5 of 6 o 16.A.16.a Packet Pg. 1171 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 Figure 1 x • 4 k x !„-.. as .q/ r i'Fil'-t-,-1" y a `° nr is ?' t w xp`y", . 3 c uo 1 i h S 3 t. 41 f b RC 1‘,.'''7''' w:'-'44'7 9`'.1 bE 639. y aF f.. Yv` s;,( 4;424.::has ase ha t f.-.7:,,,,,47:. ,: } p g' ve , n' a., i o n a u: x s F T 4''''',.- t t'9 t t ir, x Of• Phase II 95th Ave and 96th Ave A,,.:ire% 2 m: 6. 4. Altei::,,f:"::,:+ ii,' '-* li Its,: s va i t 4 4.aYiiir 0ZVU € _ , „ ,,,„..,,,,,,,,,:, 4„,,,,,,,,,:: a.,•'-.,-,`:ds J a'nk',4,` ,,, m...:L m•,; 9 ' 0.-.it ..... ha .,,,,,w.:...,,,,-.L t '# °,tt „ Niu„year Project Area c r+ht ra + %C 'e w' h''''1',.:klfilft:',k?i,',1.'”- rs r te/ sr w e 'f y S rd alJ G 3 L u ZR K fte,;.,,'-'t4afh't rs<- ° F r 4ti,y 'Ill i tea:''''..i14:::;,,,-,,,,,,,'':;:; 7:'''':11,','°,-6- 4,44':, e a, t -- * c, ' w *re'' z a I::,,,,,,:::::!;-''''''',,, Y Crj DEP Agreement No.LPll 03Q Attachment A,Page 6 of 6 j 16.A.16.a Packet Pg. 1172 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A455 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Payment Request No. DEP Agreement No. Date Performance Period(Start date-End date): Deliverables completed to support payment request(attach additional pages as needed): Task/Deliverable Task Budget Number(s):Amount: $ Grantee: Name&Mailing Address) Grantee Contact: Name&Phone) GRANT EXPENDITURES SUMMARY SECTION TOTAL TOTAL CUMULATIVE MATCHING FUNDS CUMULATIVE CATEGORY OF EXPENDITURE AMOUNT OF THIS PAYMENT FOR THIS MATCHING As authorized) REQUEST REQUESTS REQUEST FUNDS Salaries/Wages Fringe Benefits Indirect Cost Contractual(Subcontractors) $ Travel Equipment(Direct Purchases) $ Rental/Lease of Equipment Miscellaneous/Other Expenses $ Land Acquisition TOTAL AMOUNT $ TOTAL BUDGET $ ALL TASKS) Less Total Cumulative Payment $ Requests of: TOTAL REMAINING $ ALL TASKS) GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. DEP Agreement No.LP11030,Attachment B,Page 1 of 5 16.A.16.a Packet Pg. 1173 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 1 6 A 4 5 Grantee's Certification of Payment Request I, on behalf of Print name of Grantee's Grant Manager designated in the Agreement) do hereby certify for Print name of Grantee) DEP Agreement No. and Payment Request No.that: RI The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. 0 All costs included in the amount requested have been satisfactorily purchased,performed,received,and applied toward completing the project;such costs are documented by invoices or other appropriate documentation as required in the Agreement. 0 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply: All permits and approvals required for the construction,which is underway,have been obtained. 0 Construction up to the point of this disbursement is in compliance with the construction plans and permits. The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request,and such certifications are included: Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy) Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number DEP Agreement No.LP1 1030,Attachment B,Page 2 of 5 16.A.16.a Packet Pg. 1174 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE: This is the date that you are submitting the payment request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the Task/Deliverable that the request is for(this must be within the timeline shown for the Task/Deliverable in the Agreement). TASK/DELIVERABLE NO.: Identify the number of the Task/Deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). Note: If payment request includes more than one Task/Deliverable,additional pages should identify each Task/Deliverable Number,its corresponding budget amount,and the amount requested. TASK BUDGET AMOUNT: List the Task budget amount as identified in the Grant Work Plan for the corresponding Task/Delverable. Note: If payment request includes more than one Task/Deliverable,additional pages should identify each Task/Deliverable Number, its corresponding budget amount, and the amount requested. GRANTEE: Enter the name of the Grantee's agency and the address to which you want the state warrant sent. GRANTEE CONTACT: List the name and telephone number for the Grantee's grant manager or other point of contact regarding the payment request submittal. GRANT EXPENDITURES SUMMARY SECTION: AMOUNT OF THIS REQUEST"COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the TOTAL AMOUNT"line. Enter the amount of all Tasks on the"TOTAL BUDGET(ALL TASKS)"line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"line. TOTAL CUMULATIVE PAYMENT REQUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests;first through the final request(this amount cannot exceed the approved budget amount for that budget category for the Task(s)you are reporting on). Enter the column total on the"TOTAL PAYMENT REQUEST"line. Do not enter anything in the shaded areas. MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT"line for this column. Enter the match budget amount on the"TOTAL BUDGET(ALL TASKS)"line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF"line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF"from the TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"line. TOTAL CUMULATIVE MATCHING FUNDS"COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled"TOTAL PAYMENT REQUEST." The final request should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION:Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment.Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP Agreement No.LP 11030,Attachment B,Page 3 of 5 CAO 16.A.16.a Packet Pg. 1175 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A4 FaTrmy -0oEcNZf6Ha,dQE3ZZ V) m N r G) 0 z cr Z 0 I I I I I I I I 1 I I I 1 I 1+ V a) o W E, a H dW a N g m Po cr ER Ef Ef3 H4 ta e4 ER ER Ef} ER 69- H4 EA ER W C a c z x o Q d 8QwW I H o u o 1- 4 W o y Z ff3 ER 69 EA 64 ER ER ER ER ER ER 6R EA y} W a" W c CI "" a+ cr E O OE Z• F 5 va o W w rz c d d f6 Ci o W d A w o A oo CD of a 1.1 u a as E u UCt c c) Ci Q) Z E 1-1 co 5W Z o LA, ` E 8 13 Z d > E CDa) CD Q NQW O W 1 H Ca 416.A.16.aPacket Pg. 1176Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 Instructions for Completing Request for Payment - Part II Include the Grantee Name, Payment Request No.,and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. 2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested(2)from Invoice 3 Amount(1). Deliverable Number: Must identify completed deliverable(s)for each invoice. If invoice covers multiple deliverables,that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under(2). Submittal Instructions Instructions for E-mailing: The program now accepts reimbursement requests electronically,please E-mail to SRI'. When scanning please be sure that the minimum scan resolution must be 300 DPI(dots per inch). When reimbursement requests are sent electronically,please do not also send a hard copy by postal mail. Remit Payment Request by E-mail to: SRF_Reporting@dep.state.fl.us Be sure the E-mail payment request includes the following: Cc: Department's Grant/Project Manager Subject: Project Number_Disbursement Number: example—LP14025_Disb_1 Attachments: 1) Attachment B Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Other supporting documentation,as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: ankaj Shah,850_245--2962 Pankaj.Shah@dep.state.fl.us DEP Agreement No. LPI1030,Attachment B,Page 5 of 5 16.A.16.a Packet Pg. 1177 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category salary,travel,expenses,etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: 1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. 2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. 3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. 4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds,the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code,regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02,Florida Statutes, for subsequent transfer to the State. 5) In-house charges: Charges which may be of an internal nature(e.g.,postage,copies,etc.)may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. 6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm DEP Agreement No.LP 11030,Attachment C,Page 1 of 1 C 16.A.16.a Packet Pg. 1178 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 1 6 A 4 5 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: LP11030 Grantee Name: Collier County Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP11030 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Agreement No.LP11030,Attachment D,Page 1 of 1 0 16.A.16.a Packet Pg. 1179 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the 'Department", "DEP" "FDEP" or "Grantor'; or other name in the contract/agreement) to the recipient which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F,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 2 CFR Part 200, Subpart F, 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(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330 for fiscal year start dates after December 26,2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) 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,and 2 CFR Part 200, Subpart F. 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, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,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,and 2 CFR Part 200,Subpart F. 3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,is not required. In the event that the recipient expends less than$500,000(or$750,000,as applicable) 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,and 2 CFR Part 200,Subpart F the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.Eov DEP Agreement No.LP11030,Attachment E,Page 1 of 5 C 16.A.16.a Packet Pg. 1180 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 1 6 A 4 5 PART II:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of 750,000 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$750,000 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 $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:/tapps.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.fi.ustWeleotne/index.cfni, State of Florida's website at http://www.myflorida.coml, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http:/Iwww.state.flus!auclgtn. PART III: OTHER AUDIT REQUIREMENTS NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost ofsuch additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No.LP11030,Attachment E,Page 2 of 5 16.A.16.a Packet Pg. 1181 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: Fl)EPSingleAudit i dep.state.tl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR 200.501(a)(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133, as revised,and 2 CFR§200.501(a)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/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133,as revised,and 2 CFR§200.512. 2. Pursuant to Section.320(f),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,the recipient shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit! 16.A.16.a Packet Pg. 1182 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A45 Electronically: 1 l:)I:>PSingleA uditia+dep.state.11.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(;dep.state.t1.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, 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, as revised and 2 CFR Part 200, Subpart F, 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.LP11030,Attachment E,Page 4 of 5 16.A.16.a Packet Pg. 1183 Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16A4500o4TEssAgoctgrno 's' Zo174avo ULi' ibovaN erN OoL0oHa. Rv, OO co O U• Q "" I. 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O a CA O a 'L t,, y r .a a w t Z a w a Z a 2 0 ¢ a W w w Cl)v: w 3 A 016.A.16.aPacket Pg. 1184Attachment: DEP LP11039 Agreement (fully executed) (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1185Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1186Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1187Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1188Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1189Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1190Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1191Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1192Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1193Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1194Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1195Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1196Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1) 16.A.16.bPacket Pg. 1197Attachment: LP11030 - Amendment No.1 - CAO stamped (7255 : DEP Agreement LP11030 Amendment #1)