CAC Agenda 07/11/2019 OK
July 11, 2019
Meeting Agenda and Notice
COASTAL ADVISORY COMMITTEE (CAC)
THURSDAY, JULY 11, 2019 - 1:00 P.M.
BOARD OF COUNTY COMMISSIONERS CHAMBERS
THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER
3299 TAMIAMI TRAIL EAST, NAPLES
• Sunshine Law on Agenda Questions
• 2019 CAC MEETING DATES
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Changes and Approval of Agenda
V. Public Comments
VI.Approval of CAC Minutes
1. May 9. 2019
VII. Staff Reports
1. Expanded Revenue Report
* Presentation
VIII. New Business
1.Amendments 19CO2 and 19CO3
* 19CO2
* 19CO3
2. Interim USACE Report
3. Sub-Committee Water Quality Discussion
* Final Ordinance
4. Marco Island Central Beach regrade Stormwater Flooding at Condos - Discussion
5. Red Draft Algae- Marco Island- Discussion
IX. Old Business
X.Announcements
XI. Committee Member Discussion
XII. Next Meeting Date/Location
September 12, 2019 Government Center, 3rd Floor
XIII.Adjournment
All interested parties are invited to attend, and to register to speak and to submit their objections, if
any, in writing,to the board prior to the meeting if applicable.
For more information, please contact Gail D. Hambright at (239) 252-2966.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the
Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL
34112, (239) 252-8380.
Public comments will be limited to 3 minutes unless the Chairman grants permission for additional
time.
Collier County Ordinance No. 99-22 requires that all lobbyists shall,before engaging in any lobbying
activities (including,but not limited to, addressing the Board of County Commissioners)before the
Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the
Board Minutes and Records Department.
1
MINUTES OF THE COLLIER COUNTY
COASTAL ADVISORY COMMITTEE MEETING
Naples, Florida, May 9, 2019
LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for
the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in
REGULAR SESSION at Administrative Building “F”, 3rd Floor, Collier County
Government Complex Naples, Florida with the following members present:
CHAIRMAN: Dave Trecker
VICE-CHAIRMAN: Joseph Burke
Steve Koziar
Thomas McCann
Jim Burke
Robert Raymond
Debbie Roddy
Sam Young
ALSO PRESENT: Gary McAlpin, Manager, Coastal Zone Management
Colleen Greene, Assistant County Attorney
Gail Hambright, Accountant
Stephanie Molloy, City of Naples
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Any persons in need of the verbatim record of the meeting may request a copy of the video recording
from the Collier County Communications and Customer Relations Department or view online.
I. Call to Order
Chairman Penniman called the meeting to order at 1:00 P.M.
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
III. Roll Call
Roll call was taken and a quorum was established.
IV. Changes and Approval of Agenda
Ms. Roddy moved to approve the Agenda. Second by Mr. McCann . Carried unanimously 8 – 0.
V. Public Comments
None
VI. Approval of CAC Minutes
1. April 11, 2019
Mr. McCann moved to approve the minutes of the April 11, 2019 as submitted. Second by Mr.
Trecker. Carried unanimously 8 - 0.
VII. Staff Reports
1. Expanded Revenue Report
The Committee reviewed the “Collier County Tourist Tax Revenue FY 19 TDC Revenue Report”
dated through April 30, 2019.
VIII. New Business
1. Appointment of Chairman and Vice Chairman
Mr. McAlpin presented the Executive Summary “Election of Chairman and Vice-Chairman”
dated May 9, 2019 for consideration.
Ms. Roddy nominated Joseph Burke for Chairman of the Coastal Advisory Committee. Second
by Mr. Young.
Mr. Jim Burke nominated David Trecker for Chairman of the Coastal Advisory Committee.
Second by Mr. Raymond.
The Committee was polled and Mr. Trecker received 6 votes and Mr. Burke received 2 votes and
Mr. Trecker was declared Chairman of the Committee.
Mr. Trecker assumed the Chair
Mr. McCann nominated Joseph Burke for Vice-Chairman of the Coastal Advisory Committee.
Second by Mr. Jim Burke.
Being no further nominations, Joseph Burke was declared Vice-Chairman of the Committee.
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2. CAC Applications
* Applications
Mr. McAlpin presented the Executive Summary “Review of CAC Applicants” dated May 9, 2019
for consideration. He noted Jim Burke, David Trecker and Kelsey Brown have filed applications to
fill the open positions on the Committee.
Mr. McCann moved to recommend the Board of County Commissioners re-appoint Jim Burke
and David Trecker to the Coastal Advisory Committee. Second by Mr. Raymond. Carried
unanimously 8 – 0.
3. 2019-2020 Grant Applications
* Grant Applications
Mr. McAlpin presented the Executive Summary “Recommendation to approve the staff
recommended Tourist Development Council Grant application requests from the City of Naples, the
City of Marco Island and Collier County for FY2019-2020 in the amount of $9,710,300; budget
these expenditures; approve agreement; and make a finding that these expenditures will promote
tourism” dated May 9, 2019 for consideration. He outlined the following requests:
Beach Renourishment Projects
Park Shore Beach Engineering, NTP & Renourishment - 90067 $2,500,000
Clam Pass Beach Engineering, NTP & Renourishment - 90069 $3,000,000
Marco Island South, NTP & Renourishment - 90071 $1,450,000
USACE Feasibility Study Technical Support - 80366 $150,000
Total $7,100,000
Mr. McCann moved to recommend the Board of County Commissioners to approve the staff
recommended Tourist Development Council Grant application requests from the City of Naples,
the City of Marco Island and Collier County for FY2019-2020 in the amount of $7,100,000;
budget these expenditures; approve agreement; and finds the item promotes tourism. Second by
Mr. Raymond. Carried unanimously 8 – 0.
Inlet Projects
Wiggins Pass Monitoring/Dredging – $150,000
Doctors Pass Monitoring/Dredging – 90549 - $25,000
Clam Pass Dredging (Pelican Bay) – 88032 - $289,000
Total $464,000
Mr. McCann moved to recommend the Board of County Commissioners approve a Tourist
Development Grant application for Inlet Projects in the amount of $464,000 and finds the
expenditures promote tourism. Second by Mr. Raymond. Carried unanimously 8 – 0.
Regulatory
Beach Tilling – Collier County - $30,000
Biological Monitoring Nearshore Hardbottom – 90033 - $185,000
Shorebird Monitoring - 90297 – $25,000
Physical Beach and Pass Monitoring – (Vanderbilt, Clam Pass Beach, Park Shore, Naples and
Marco South Beaches along with Wiggins, Doctors, Collier Creek and Caxambas Pass) - $170,000
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Sea Turtle Protection Program – 9999 - $170,000
Total $410,000
Mr. Koziar moved to recommend the Board of County Commissioners approve a Tourist
Development Grant application for Regulatory in the amount of $410,000.00 and finds the
expenditure promotes tourism. Second by Mr. McCann. Carried unanimously 8 – 0.
Beach Maintenance
Beach Maintenance – City of Naples – 90527 - $191,000
Beach Maintenance – Collier County/Marco Island – 90533 - $200,000
Vegetation Repairs/Exotic Removal – County Wide – 90044 - $25,000
Total $416,000
Mr. Raymond moved to recommend the Board of County Commissioners approve a Tourist
Development Grant application for Beach Maintenance in the amount of $416,000.00 and finds
the expenditure promotes tourism. Second by Mr. McCann. Carried unanimously 8 – 0.
Structures
Naples Pier Rebuild - $135,000
Mr. Raymond moved to recommend the Board of County Commissioners approve a Tourist
Development Grant application for Structures in the amount of $135,000 and finds the
expenditures promote tourism. Second by Mr. McCann. Carried unanimously 8 – 0.
Administration
195 Administration Costs – 90020 - $75,000
185 Project Management and Administration – 99195 - $882,400
Tax Collector Fee’s (2.5%) – 99195 - $227,500
Total $1,184,900
Mr. Raymond moved to recommend the Board of County Commissioners approve a Tourist
Development Grant application for Administration in the amount of $1,184,900.00 and finds the
expenditure promotes tourism. Second by Mr. Koziar. Carried unanimously 8 – 0.
City of Naples Grant Application
Mr. McCann moved to recommend the Board of County Commissioners approve the City of
Naples Grant application(s). Second by Mr. Raymond. Carried unanimously 8 – 0.
4. 10-Year Plan
* Backup Documents
Mr. McAlpin presented the Executive Summary “Recommendation to approve the 10-Year Capital
Planning document for Fund 195-Beach Renourishment and Pass Maintenance and Fund 185
Program Management and Administration and make a finding that these expenditures promote
tourism” dated May 9, 2019 for consideration. He provided an overview of the document which is
utilized for planning purposes.
Mr. McCann moved to recommend the Board of County Commissioners approve the 10-Year
Capital Planning document for Fund 195-Beach Renourishment and Pass Maintenance and
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Fund 185 Program Management and Administration” and finds the item promotes tourism.
Second by Mr. Young. Carried unanimously 8 – 0.
5. Water Turkey Bay Proposal
* Proposal
Mr. McAlpin presented the Executive Summary “Situational awareness of a proposal from
Humiston & Moore Engineers for Water Turkey Bay Channel Dredging under Contract No. 15-
6382” dated May 9, 2019 for information purposes. He noted:
• The dredging is intended to improve navigation in the area for access into Vanderbilt Lagoon
from Wiggins Pass.
• The project will be completed before November 1, 2019 followed by the work at Wiggins
and Caxambas Pass.
• The projects timing are coordinated to reduce the costs of mobilization and other standard
items associated with the work.
• The costs of the dredging ($115,000 +/-) will be paid out of the General Fund as a loan to the
MSTU with payback terms over 5-years.
6. South Marco Beach Proposal
* Proposal
Mr. McAlpin presented the Executive Summary “Recommendation to approve a proposal from
Humiston & Moore Engineers for South Marco Beach Re-Nourishment Project under Contract No.
13-6164 authorize the Chairman to execute the work order for a not to exceed amount of $118,642
and make a finding that this expenditure promotes tourism” dated May 9, 2019 for consideration.
He noted the work is for engineering, permitting and construction services including inspections and
certifications.
Ms. Roddy moved to recommend the Board of County Commissioners approve a proposal from
Humiston & Moore Engineers for South Marco Beach Re-Nourishment Project under Contract
No. 13-6164 authorize the Chairman to execute the work order for a not to exceed amount of
$118,642 and make a finding that this expenditure promotes tourism and finds the item promotes
tourism. Second by Mr. McCann. Carried unanimously 8 – 0.
7. Wiggins Pass Touch-up Dredge
* Proposal
Mr. McAlpin presented the Executive Summary “Recommendation to approve a proposal from
Humiston & Moore Engineers to provide Professional Engineering Services for Wiggins Pass
Interim Dredging under Contract No. 15-6382, approve necessary Budget Amendment, authorize the
Chairman to execute the work order for a not to exceed amount of $46,978, and make a finding that
this expenditure promotes tourism” dated May 9, 2019 for consideration. He noted the work is for
engineering, permitting and construction services including inspections and certifications.
Mr. Raymond moved to recommend the Board of County Commissioners approve a proposal from
Humiston & Moore Engineers to provide Professional Engineering Services for Wiggins Pass
Interim Dredging under Contract No. 15-6382, approve necessary Budget Amendment, authorize
the Chairman to execute the work order for a not to exceed amount of $46,978 and finds the item
promotes tourism. Second by Mr. Koziar. Carried unanimously 8 – 0.
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8. Clam Park/North Park Shore & Park Shore Beach
* Proposal
Mr. McAlpin presented the Executive Summary “Recommendation to approve a work order with
APTIM Environmental & Infrastructure, Inc. to provide professional engineering services for Clam
Pass, North Park Shore and Park Shore Beach Renourishment under Contract No.15-6382 for time
and material not to exceed $98,717.10, authorize the Chairman to execute the work order, and make
a finding that this item promotes tourism” dated May 9, 2019 for consideration. He noted:
• The work is for engineering, permitting and construction services including inspections and
certifications.
• The truck haul project is anticipated to be initiated in November of 2019.
• The permit is in place but new plans and specifications are required for the renourishment
which will not affect the timing of other beach projects slated for FY2019.
Mr. McCann moved to recommend the Board of County Commissioners approve a work order
with APTIM Environmental & Infrastructure, Inc. to provide professional engineering services
for Clam Pass, North Park Shore and Park Shore Beach Renourishment under Contract No.15-
6382 for time and material not to exceed $98,717.10, authorize the Chairman to execute the work
order, and finds the item promotes tourism. Second by Mr. Raymond. Carried unanimously 8
– 0.
9. Local Government Funding Request
* Proposal
Mr. McAlpin presented the Executive Summary “Recommendation to approve a work order with
APTIM Environmental & Infrastructure, Inc. to provide professional engineering services for 2020-
2021 Local Government Funding Request under Contract No.15-6382 for time and material not to
exceed $19,896, authorize the Chairman to execute the work order, and make a finding that this item
promotes tourism” dated May 9, 2019 for consideration. The contract is to aid the County in
preparing the documentation necessary to apply for potential reimbursement of funds under the
FDEP’s program with approximately $95M available statewide.
Mr. McCann moved to recommend the Board of County Commissioners approve a work order
with APTIM Environmental & Infrastructure, Inc. to provide professional engineering services
for 2020-2021 Local Government Funding Request under Contract No.15-6382 for time and
material not to exceed $19,896, authorize the Chairman to execute the work order, and finds the
item promotes tourism. Second by Mr. Raymond. Carried unanimously 8 – 0.
10. Collier Creek Design Proposal
* Proposal
Mr. McAlpin presented the Executive Summary “Recommendation to approve and authorize the
Chairman to execute Change Order No. 1 to Contract No. 17-7097 with APTIM Environmental &
Infrastructure, LLC for additional time and professional services as required for the Collier Creek
Modeling Study, and make a finding that this item promotes tourism” dated May 9, 2019 for
consideration. He noted the FDEP is requiring additional modeling be completed to determine if a
permeable groin structure may be utilized for the project. Although modeling was completed and a
potential solution developed involving relocating the channel and installation of a groin, the agency
wants to ensure there is no net sediment loss on the State lands on the west side of the Creek. The
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proposal is to extend the time allotted under the contract by 1-year to ensure it covers the
construction time anticipated for the project.
Ms. Roddy moved to recommend the Board of County Commissioners approve and authorize the
Chairman to execute Change Order No. 1 to Contract No. 17-7097 with APTIM Environmental &
Infrastructure, LLC for additional time and professional services as required for the Collier Creek
Modeling Study and finds the item promotes tourism. Second by Mr. Raymond. Carried
unanimously 8 – 0.
11. Biological Monitoring FY 2019
* Proposal
Mr. McAlpin presented the Executive Summary “Recommendation to authorize the Chairman to
approve the proposal by CSA Ocean Sciences, Inc. to continue the required post-construction
hardbottom monitoring for the Collier County Beach Nourishment Project in summer 2019 and
authorize the Chairman to execute a Work Order with CSA Ocean Sciences, Inc. for Time and
Material not to exceed $94,578.90 under the already approved and executed Contract No. 17-7188
and make a finding that this item promotes tourism” dated May 9, 2019 for consideration. He noted
the work involves surveying the nearshore hardbottom to ensure there are no negative impacts from
the County’s beach renourishment projects and is required under the permits issued by the State.
Mr. Jim Burke moved to recommend the Board of County Commissioners authorize the
Chairman to approve the proposal by CSA Ocean Sciences, Inc. to continue the required post-
construction hardbottom monitoring for the Collier County Beach Nourishment Project in
summer 2019 and authorize the Chairman to execute a Work Order with CSA Ocean Sciences,
Inc. for Time and Material not to exceed $94,578.90 under the already approved and executed
Contract No. 17-7188 and finds the item promotes tourism. Second by Mr. McCann. Carried
unanimously 8 – 0.
12. Expedited Handling- 2019 Beach Renourishment
* Backup Material
Mr. McAlpin presented the Executive Summary “Recommendation to approve funding for a truck
haul beach renourishment project for the Clam Pass, North Park Shore and Park Shore Beach
segments anticipated to begin in the Fall 2019 (approximately November 1, 2019) for a not to
exceed project expenditure of $5,500,000 (excluding Professional Engineering services) and make a
finding that this item promotes tourism” dated May 9, 2019 for consideration. He noted:
• The work involves the major beach renourishment project scheduled for Fiscal Year 2019.
• The project will be initiated immediately after turtle nesting season (November of 2019) with
120,000 – 130,000 cubic yards of sand anticipated to be placed in the area.
• The project will be completed via a truck haul and the proposed funding includes all aspects of
the project.
• The renourishment is anticipated to stabilize the area until 2024 when the US Army Corps of
Engineers Plan is implemented for the County.
• The work falls within the proposals outlined in the 10-year capital plan approved under item
VIII.4 today.
Mr. McCann moved to recommend the Board of County Commissioners approve funding for a truck
haul beach renourishment project for the Clam Pass, North Park Shore and Park Shore Beach
segments anticipated to begin in the Fall 2019 (approximately November 1, 2019) for a not to exceed
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COLLIER COUNTY TOURIST DEVELOPMENT TAX REVENUE
Description Fund Adopted Budget
Current Annual
Forecast YTD Forecast YTD Actual
Var to YTD
Forecast
Beach Facilities 183 1,000,000 1,060,000 907,386 937,373 29,987
TDC Promotion 184 9,520,000 10,211,201 8,024,205 8,798,629 774,424
Non-County Museums 193 532,200 564,132 482,911 498,845 15,934
TDC Admin 194 - - - - -
Beach Renourishment 195 10,884,900 11,537,994 9,876,809 10,203,198 326,389
Disaster Recovery 196 - - - - -
County Museums 198 2,000,000 2,000,000 1,837,200 2,000,000 162,800
TDC Capital 758 3,989,500 4,228,870 3,620,017 3,739,697 119,680
Gross Budget 27,926,600 29,602,197 24,748,529 26,177,742 1,429,213
Less 5% Rev Res (1,396,300)0.2%5.77%
Net Budget 26,530,300 -0.5%
Collections
Month Reported Actual Cum YTD
% Budget
Collected to
Date
% over FY 18
Collections
% over FY 17
Collections
% over FY 16
Collections
Oct 978,311 978,311 3.50% 15.25% 20.20% 23.11%
Nov 1,196,379 2,174,691 7.79% -3.32% 12.89% 19.19%
Dec 1,863,478 4,038,168 14.46% 13.68% 44.53% 41.11%
Jan 2,965,748 7,003,917 25.08% 12.82% 49.04% 45.35%
Feb 4,003,539 11,007,456 39.42% 6.29% 39.49% 25.72%
Mar 4,441,519 15,448,975 55.32% 13.03% 34.74% 33.66%
Apr 6,035,820 21,484,795 76.93% 5.94% 46.16% 40.52%
May 2,862,272 24,347,067 87.18% 3.84% 29.99% 53.12%
June 1,830,675 26,177,742 93.74% 8.69% 42.56% 57.22%
July 26,177,742 93.74% n/a n/a n/a
Aug 26,177,742 93.74% n/a n/a n/a
Sept 26,177,742 93.74% n/a n/a n/a
Total 26,177,742 26,177,742 YTD 8.22%38.25%37.81%
Forecast 27,926,600 97.0%27,926,600 High Forecast
Budget Comparison
Month Reported 5 Yr History-Cum
5 Yr History-
Monthly
Budgeted
Collections
Actual
Collections
Budget to
Actual Variance Forecast
Oct 3.49% 3.49% 973,499 978,311 4,812 1,031,909
Nov 8.08% 4.59% 1,283,219 1,196,379 (86,839)1,360,212
Dec 13.96% 5.88% 1,641,478 1,863,478 221,999 1,739,967
Jan 22.25% 8.29% 2,316,248 2,965,748 649,500 2,455,223
Feb 35.38% 13.13% 3,665,409 4,003,539 338,130 3,885,333
Mar 50.47% 15.09% 4,215,103 4,441,519 226,416 4,468,009
Apr 69.87% 19.40% 5,418,380 6,035,820 617,440 5,743,483
May 79.50% 9.63% 2,689,044 2,862,272 173,228 2,850,386
June 85.60% 6.10% 1,703,481 1,830,675 127,194 1,805,690
July 90.44% 4.84% 1,351,739 0 1,432,844
Aug 95.59% 5.15% 1,438,279 0 1,524,575
Sept 100.00% 4.41% 1,230,721 0 1,304,566
Total 100.00% 100.0%27,926,600 26,177,742 2,271,881 29,602,197
99.30%
71363880014.36%
FY 19 TDC Revenue Report
30-Jun-2019
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
OctNovDecJanFebMarAprMayJuneJulyAugSeptMillionsTourist Development Tax Collection Curve
Budgeted Collections
Actual Collections
7/9/20191:58 PM H:\Revenue Report\TDC 2 Receipts FY19 and Forward
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $86,479 $255,807 $446,229 $534,560 $867,498 $1,119,215 $1,277,646 $777,494 $465,272 $357,870 $335,272 $262,452 $6,785,794
2006/2007 $245,217 $358,486 $492,296 $564,991 $952,204 $1,215,359 $1,354,022 $765,087 $465,420 $368,234 $336,767 $289,157 $7,407,240
2007/2008 $233,050 $342,484 $467,648 $602,044 $937,713 $1,172,727 $1,363,500 $726,065 $479,408 $332,957 $334,056 $280,120 $7,271,772
2008/2009 $190,563 $291,340 $395,097 $538,743 $749,012 $973,781 $1,060,618 $566,718 $358,045 $258,429 $289,170 $234,304 $5,905,820
2009/2010 $213,228 $235,663 $367,743 $514,622 $827,789 $1,013,235 $1,256,966 $636,092 $393,674 $282,867 $289,743 $235,133 $6,266,755
2010/2011 $217,861 $304,930 $359,617 $506,087 $813,768 $1,058,980 $1,357,406 $639,303 $422,707 $332,170 $323,179 $259,566 $6,595,574
2011/2012 $253,531 $342,743 $457,827 $643,501 $1,038,706 $1,239,892 $1,493,363 $694,955 $460,970 $337,636 $359,119 $278,418 $7,600,661
2012/2013 $272,701 $364,816 $492,571 $676,727 $1,172,851 $1,235,834 $1,738,679 $700,538 $498,074 $380,635 $346,039 $246,552 $8,126,017
2013/2014 $233,615 $413,939 $531,597 $748,942 $1,453,692 $1,542,772 $1,924,318 $881,271 $573,867 $451,258 $453,660 $407,724 $9,616,655
2014/2015 $305,368 $454,320 $592,116 $980,270 $1,638,465 $1,639,476 $2,196,507 $945,734 $606,906 $500,147 $500,735 $402,427 $10,762,471
2015/2016 $399,405 $483,228 $694,778 $1,053,597 $1,752,460 $1,731,161 $2,179,226 $912,053 $553,879 $451,873 $516,482 $366,398 $11,094,540
2016/2017 $410,746 $530,273 $644,528 $1,026,477 $1,624,157 $1,711,826 $2,082,685 $1,011,281 $600,619 $500,350 $520,749 $345,920 $11,009,611
2017/2018 $353,810 $553,253 $776,408 $1,320,258 $2,142,580 $2,158,277 $2,915,255 $1,361,395 $798,774 $613,766.40 $467,073.87 $349,946.06 $13,810,796.33
2018/2019 $384,972.24 $479,054.02 $831,925.24 $1,509,831.59 $2,018,027.96 $2,173,372.24 $2,955,201.70 $1,279,586.84 $440,295.90 $12,072,267.73
TOTAL:$3,800,546 $5,410,336 $7,550,380 $11,220,651 $17,988,923 $19,985,907 $25,155,393 $11,897,573 $7,117,911 $5,168,192 $5,072,044.87 $3,958,117.06 $124,325,974.06
COLLIER COUNTY TOURIST TAX
COLLIER COUNTY
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $2,246 $3,922 $4,783 $6,921 $9,386 $15,217 $14,334 $13,423 $7,670 $3,754 $4,162 $3,331 $89,149
2006/2007 $4,678 $5,602 $5,705 $9,961 $12,884 $14,766 $16,860 $14,152 $8,653 $3,929 $4,101 $3,677 $104,968
2007/2008 $4,018 $5,424 $6,879 $9,724 $11,917 $16,032 $15,800 $11,327 $11,881 $4,136 $4,136 $3,481 $104,755
2008/2009 $3,443 $4,975 $7,186 $8,987 $11,486 $15,137 $15,206 $10,315 $5,932 $3,302 $3,729 $3,447 $93,145
2009/2010 $3,783 $4,473 $5,706 $8,704 $12,423 $15,656 $18,852 $10,467 $6,149 $3,705 $4,019 $3,055 $96,992
2010/2011 $3,270 $5,011 $6,326 $7,626 $10,020 $13,210 $17,210 $10,847 $6,870 $4,054 $5,237 $5,113 $94,794
2011/2012 $4,057 $5,607 $7,144 $9,161 $12,338 $17,648 $18,666 $9,921 $6,879 $4,220 $4,310 $2,760 $102,711
2012/2013 $6,921 $5,847 $8,340 $9,878 $14,311 $15,331 $19,962 $12,663 $7,850 $4,351 $5,896 $4,942 $116,292
2013/2014 $4,747 $5,151 $6,995 $12,217 $14,712 $21,076 $21,820 $15,074 $6,163 $7,558 $5,348 $5,580 $126,441
2014/2015 $5,491 $7,028 $9,630 $11,248 $13,741 $18,367 $34,109 $9,684 $11,501 $6,010 $6,910 $5,338 $139,057
2015/2016 $5,320 $7,818 $9,653 $12,146 $23,046 $19,371 $21,441 $10,272 $10,614 $5,503 $7,020 $4,774 $136,978
2016/2017 $5,792 $6,847 $7,355 $10,099 $16,229 $13,627 $19,695 $10,532 $6,629 $3,908 $4,981 $4,075 $109,769
2017/2018 $1,948 $2,457 $2,554 $8,301 $11,749 $16,583 $20,386 $21,269 $7,670 $6,437.50 $6,944.69 $5,473.24 $111,772.43
2018/2019 $4,905.47 $8,633.03 $8,592.36 $10,752.94 $15,000.06 $18,176.11 $40,226.80 $15,872.75 $8,862.93 $131,022.45
TOTAL:$60,619 $78,795 $96,848 $135,726 $189,242 $230,197 $294,568 $175,819 $113,324 $60,868 $66,793.69 $55,046.24 $1,557,845.88
COLLIER COUNTY TOURIST TAX
EVERGLADES CITY
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $842 $1,151 $1,306 $1,450 $1,683 $1,837 $2,050 $1,786 $1,900 $1,774 $1,602 $1,372 $18,753
2006/2007 $1,306 $1,258 $1,837 $1,447 $2,307 $1,932 $1,982 $1,691 $1,466 $504 $786 $1,159 $17,675
2007/2008 $731 $746 $776 $966 $749 $828 $2,806 $1,501 $887 $650 $488 $530 $11,658
2008/2009 $410 $553 $686 $687 $808 $1,137 $952 $944 $618 $723 $671 $468 $8,657
2009/2010 $676 $624 $558 $754 $633 $912 $580 $596 $541 $965 $670 $663 $8,172
2010/2011 $625 $470 $639 $649 $649 $768 $928 $937 $440 $990 $517 $667 $8,279
2011/2012 $528 $489 $863 $1,067 $681 $740 $983 $879 $807 $709 $635 $614 $8,995
2012/2013 $457 $749 $804 $654 $882 $843 $1,056 $1,206 $1,017 $664 $496 $719 $9,547
2013/2014 $603 $722 $960 $903 $1,060 $1,039 $2,284 $1,501 $1,121 $718 $982 $794 $12,687
2014/2015 $564 $706 $1,117 $1,441 $1,245 $703 $2,809 $1,687 $1,180 $915 $963 $754 $14,084
2015/2016 $438 $944 $1,187 $688 $739 $2,657 $2,811 $1,957 $772 $2,875 $2,198 $2,599 $19,865
2016/2017 $2,278 $2,663 $3,405 $3,108 $2,639 $2,741 $5,517 $3,208 $2,988 $1,998 $1,419 $2,315 $34,279
2017/2018 $3,859 $5,316 $4,854 $4,489 $4,394 $6,396 $6,540 $5,361 $3,731 $3,665.35 $2,989.98 $2,369.76 $53,965.09
2018/2019 $3,416.03 $3,977.65 $3,463.32 $3,207.44 $3,237.87 $4,981.97 $5,623.67 $5,118.83 $3,934.85 $36,961.63
TOTAL:$16,733 $703 $22,455 $21,510 $21,707 $27,515 $36,922 $28,373 $21,403 $17,150 $14,416.98 $15,023.76 $263,577.72
COLLIER COUNTY TOURIST TAX
IMMOKALEE
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $71,763 $112,414 $147,512 $199,030 $344,074 $525,468 $576,530 $374,000 $261,791 $218,203 $208,955 $150,041 $3,189,781
2006/2007 $73,397 $88,576 $141,951 $189,026 $335,898 $517,149 $595,449 $379,673 $225,816 $216,858 $194,291 $183,007 $3,141,091
2007/2008 $165,745 $166,397 $93,819 $321,400 $408,079 $503,575 $666,564 $507,602 $140,088 $322,017 $245,721 $151,743 $3,692,750
2008/2009 $99,516 $168,129 $185,986 $280,663 $372,230 $457,015 $473,292 $324,558 $204,748 $183,654 $186,855 $210,702 $3,147,348
2009/2010 $124,837 $158,522 $168,816 $229,316 $364,347 $466,758 $550,969 $361,520 $197,005 $167,786 $223,954 $215,814 $3,229,644
2010/2011 $149,854 $169,786 $175,540 $198,803 $307,625 $416,029 $571,019 $363,648 $210,320 $192,412 $210,599 $230,248 $3,195,883
20/11/2012 $142,329 $171,194 $201,691 $244,744 $391,683 $485,677 $628,522 $372,070 $226,574 $231,338 $221,306 $186,893 $3,504,021
2012/2013 $192,829 $165,543 $196,934 $244,332 $440,902 $525,686 $766,954 $388,107 $279,529 $256,653 $264,888 $209,436 $3,931,793
2013/2014 $159,125 $229,028 $247,875 $361,032 $490,359 $597,726 $909,200 $554,875 $338,299 $299,001 $317,687 $306,767 $4,810,974
2014/2015 $185,854 $237,856 $303,549 $482,595 $642,029 $705,000 $1,044,150 $610,274 $183,261 $200,044 $187,198 $217,355 $4,999,165
2015/2016 $157,467 $202,726 $248,085 $492,348 $620,091 $739,787 $1,116,549 $477,415 $277,849 $232,651 $273,434 $192,753 $5,031,155
2016/2017 $175,389 $201,952 $253,642 $456,211 $532,011 $730,625 $1,048,066 $653,777 $353,054 $318,033 $341,272 $237,620 $5,301,652
2017/2018 $202,863 $248,234 $333,501 $553,573 $650,992 $807,319 $1,366,232 $684,671 $462,681.00 $478,663.21 $486,778.24 $364,429.67 $6,639,937.12
2018/2019 $343,209.42 $419,532.02 $527,699.77 $772,525.62 $902,859.09 $1,098,126.82 $1,635,986.08 $907,210.46 $604,749.18 $7,211,898.46
TOTAL:$2,244,177 $2,739,889 $3,226,601 $5,025,599 $6,803,179 $8,575,941 $11,949,482 $6,959,400 $3,965,764 $3,317,313.21 $3,362,938.24 $2,856,808.67 $61,027,092.58
COLLIER COUNTY TOURIST TAX
MARCO ISLAND
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $76,843 $149,990 $236,963 $316,250 $512,938 $580,227 $570,569 $334,191 $217,611 $152,642 $175,256 $127,802 $3,451,282
2006/2007 $111,854 $151,746 $217,262 $291,277 $532,706 $589,595 $640,395 $340,926 $205,947 $156,476 $174,238 $145,286 $3,557,708
2007/2008 $122,094 $174,235 $231,470 $306,731 $564,747 $617,010 $664,907 $330,698 $233,938 $145,532 $172,641 $150,743 $3,714,746
2008/2009 $105,937 $154,246 $209,703 $298,657 $500,986 $528,321 $471,924 $327,310 $179,344 $133,913 $159,039 $120,786 $3,190,166
2009/2010 $102,425 $147,706 $202,271 $304,284 $473,406 $536,310 $578,659 $314,492 $192,256 $129,009 $150,982 $123,268 $3,255,068
2010/2011 $107,247 $144,923 $207,947 $296,553 $469,260 $537,127 $620,402 $342,016 $210,346 $150,143 $191,212 $144,535 $3,421,711
2011/2012 $124,889 $171,672 $257,204 $310,088 $463,661 $581,690 $646,118 $359,807 $239,314 $156,429 $192,882 $178,108 $3,681,862
2012/2013 $154,953 $197,464 $260,572 $344,886 $428,547 $618,948 $776,408 $361,084 $254,717 $189,506 $220,981 $191,856 $3,999,922
2013/2014 $176,811 $227,247 $269,078 $397,145 $591,687 $620,019 $863,967 $443,087 $296,589 $180,835 $212,986 $290,959 $4,570,410
2014/2015 $187,534 $265,869 $327,796 $474,209 $696,710 $742,256 $1,001,853 $482,405 $312,637 $252,342 $279,809 $250,168 $5,273,588
2015/2016 $232,052 $309,006 $366,933 $481,596 $788,052 $830,360 $975,436 $467,674 $321,374 $236,928 $297,223 $249,625 $5,556,259
2016/2017 $219,686 $318,030 $380,414 $493,973 $695,089 $837,554 $973,780 $523,046 $320,879 $243,442 $305,112 $195,261 $5,506,266
2017/2018 $286,412 $428,215 $522,487 $741,729 $957,038 $937,909.00 $1,388,898.00 $683,801.00 $411,391.00 $321,124.11 $379,554.83 $278,769.93 $7,337,328.87
2018/2019 $241,808.24 $285,182.76 $27,699.77 $669,430.77 $1,064,413.82 $1,146,862.31 $1,398,781.67 $654,507.94 $440,295.90 $241,808.24
TOTAL:$2,250,545 $3,125,532 $3,717,800 $5,726,809 $8,739,241 $9,704,188 $11,572,098 $5,965,045 $3,836,639 $2,448,321.11 $2,911,915.83 $2,447,166.93 $56,758,125.11
COLLIER COUNTY TOURIST TAX
NAPLES
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $238,173 $523,284 $836,793 $1,058,211 $1,735,579 $2,241,964 $2,441,129 $1,500,894 $954,244 $734,243 $725,247 $544,998 $13,534,759
2006/2007 $436,452 $605,668 $859,051 $1,056,702 $1,835,999 $2,338,801 $2,608,708 $1,501,529 $907,302 $746,001 $710,183 $622,286 $14,228,682
2007/2008 $525,638 $689,286 $800,592 $1,240,865 $1,923,205 $2,310,172 $2,713,577 $1,577,193 $866,202 $805,292 $757,042 $586,617 $14,795,681
2008/2009 $399,869 $619,243 $798,658 $1,127,737 $1,634,522 $1,975,391 $2,021,992 $1,229,845 $748,687 $580,021 $639,464 $569,707 $12,345,136
2009/2010 $444,949 $546,988 $745,094 $1,057,680 $1,678,598 $2,032,871 $2,406,026 $1,323,167 $789,625 $584,332 $669,368 $577,933 $12,856,631
2010/2011 $478,857 $625,120 $750,069 $1,009,718 $1,601,322 $2,026,114 $2,566,965 $1,356,751 $850,683 $679,769 $730,744 $640,129 $13,316,241
2011/2012 $525,334 $691,705 $924,729 $1,208,561 $1,907,069 $2,325,647 $2,787,652 $1,437,632 $934,544 $730,332 $778,252 $646,793 $14,898,250
2012/2013 $627,861 $734,419 $959,221 $1,276,477 $2,057,493 $2,396,642 $3,303,059 $1,463,598 $1,041,187 $831,809 $838,300 $653,505 $16,183,571.00
2013/2014 $574,901 $876,087 $1,056,505 $1,520,239 $2,551,510 $2,782,632 $3,721,589 $1,895,808 $1,216,039 $939,370 $990,663 $1,011,824 $19,137,167.00
2014/2015 $684,811 $965,779 $1,234,208 $1,949,763 $2,992,190 $3,105,802 $4,279,428 $2,049,784 $1,115,485 $959,458 $975,615 $876,042 $21,188,365.00
2015/2016 $794,682 $1,003,722 $1,320,636 $2,040,375 $3,184,388 $3,323,336 $4,295,463 $1,869,371 $1,164,488 $929,830 $1,096,357 $816,149 $21,838,797.00
2016/2017 $813,891 $1,059,765 $1,289,344 $1,989,868 $2,870,125 $3,296,373 $4,129,743 $2,201,844 $1,284,169 $1,067,731 $1,173,533 $785,191 $21,961,577.00
2017/2018 $848,892 $1,237,475 $1,639,804 $2,628,350 $3,766,753 $3,926,484 $5,697,311 $2,756,497 $1,684,247 $1,423,545.57 $1,343,341.11 $1,000,988.84 $27,953,688.52
2018/2019 $978,311.40 $1,196,379.48 $1,863,477.54 $2,965,748.36 $4,003,538.80 $6,035,819.92 $2,882,296.82 $1,830,675.13 $21,756,247.45
TOTAL:$8,372,621 $11,374,920 $15,078,182 $22,130,294 $33,742,292 $40,118,049 $45,854,939 $23,994,588 $13,556,902 $11,011,734 $11,428,109.11 $9,332,162.84 $245,994,792.97
COLLIER COUNTY TOURIST TAX
TOTALS
NAPLES, MARCO ISLAND, IMMOKALEE, EVERGLADES CITY, COLLIER COUNTY
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $18,115 $9,286 $24,892 $46,267 $62,578 $172,726 $290,466 $55,985 $24,142 $17,905 $14,052 $10,670 $747,084
2006/2007 $17,081 $12,475 $21,751 $61,089 $79,540 $188,992 $323,240 $57,775 $23,138 $20,648 $14,595 $19,893 $840,217
2007/2008 $26,279 $14,948 $26,623 $60,871 $114,344 $203,054 $362,939 $60,403 $34,262 $19,440 $17,944 $15,076 $956,183
2008/2009 $18,344 $13,399 $23,789 $52,809 $91,805 $192,617 $347,817 $58,346 $23,642 $19,728 $12,954 $10,983 $866,233
2009/2010 $19,477 $14,463 $32,182 $63,689 $67,669 $240,487 $412,028 $65,444 $26,234 $23,042 $50,203 $55,623 $1,070,541
2010/2011 $84,551 $18,112 $30,208 $63,785 $91,669 $231,388 $462,079 $56,684 $32,886 $37,981 $18,278 $15,431 $1,143,052
2011/2012 $39,952 $21,515 $35,761 $82,154 $118,188 $264,235 $531,116 $59,412 $47,525 $37,085 $14,978 $13,141 $1,265,062
2012/2013 $37,104 $19,268 $34,216 $94,314 $124,921 $219,346 $582,861 $90,012 $45,445 $40,211 $15,982 $16,249 $1,319,929
2013/2014 $38,983 $23,686 $46,013 $113,055 $152,407 $278,202 $669,832 $111,727 $47,175 $55,723 $31,761 $29,195 $1,597,759
2014/2015 $51,794 $33,782 $60,359 $151,936 $146,758 $354,350 $790,643 $116,876 $70,976 $76,779 $33,550 $26,069 $1,913,872
2015/2016 $60,967 $36,867 $68,114 $157,270 $162,164 $444,282 $887,877 $124,587 $75,496 $73,065 $40,103 $35,487 $2,166,279
2016/2017 $57,428 $29,696 $53,673 $170,875 $181,452 $480,269 $798,816 $116,418 $64,600 $73,171 $32,066 $17,110 $2,075,574
2017/2018 $61,496 $39,684 $62,488 $229,125 $166,958 $364,363 $1,047,501 $280,430 $105,406 $113,790 $41,884 $36,953 $2,550,078
2018/2019 $83,515.92 $1,774.30 $103,548.02 $352,731.76 $229,218.90 $490,764.02 $1,129,514.83 $151,663.40 $84,090.90 $2,626,822
TOTAL:$615,087 $288,955 $623,617 $1,699,971 $1,789,672 $4,125,075 $8,636,730 $1,405,762 $705,018 $608,568 $338,350 $301,880 $21,138,685
COLLIER COUNTY TOURIST TAX
CONDOMINIUM
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $284,057 $467,480 $720,774 $761,245 $1,112,751 $1,512,646 $1,716,480 $1,253,822 $855,707 $647,441 $626,697 $488,099 $10,447,199
2006/2007 $371,144 $531,060 $735,510 $744,056 $1,163,479 $1,582,476 $1,772,635 $1,282,854 $829,704 $641,921 $614,936 $533,317 $10,803,092
2007/2008 $450,926 $600,629 $663,134 $899,608 $1,210,928 $1,557,503 $1,811,406 $1,370,272 $738,197 $715,412 $647,247 $503,218 $11,168,480
2008/2009 $326,143 $547,238 $683,525 $804,914 $926,626 $1,244,914 $1,240,850 $1,012,168 $653,733 $484,556 $539,652 $482,466 $8,946,785
2009/2010 $367,978 $469,435 $611,459 $712,102 $1,010,110 $1,243,041 $1,434,996 $1,081,251 $698,121 $477,576 $532,222 $454,761 $9,093,052
2010/2011 $333,456 $555,623 $619,659 $684,174 $953,504 $1,315,029 $1,587,010 $1,132,637 $737,285 $567,319 $611,275 $569,446 $9,666,417
2011/2012 $410,547 $599,695 $765,114 $796,797 $1,113,647 $1,478,881 $1,662,425 $1,202,831 $787,911 $585,887 $662,575 $552,740 $10,619,050
2012/2013 $495,304 $623,240 $817,839 $841,115 $1,297,086 $1,528,434 $2,029,146 $1,189,336 $899,504 $657,869 $713,107 $550,807 $11,642,787
2013/2014 $421,418 $763,375 $861,981 $987,059 $1,521,759 $1,892,765 $2,217,126 $1,509,105 $1,053,566 $739,111 $836,888 $829,790 $13,633,943
2014/2015 $489,410 $800,822 $978,573 $1,246,839 $1,628,493 $2,041,235 $2,567,419 $1,640,157 $904,647 $714,526 $791,187 $719,164 $14,522,472
2015/2016 $587,337 $828,572 $1,055,353 $1,284,152 $1,686,637 $2,079,266 $2,455,547 $1,467,836 $974,845 $692,049 $885,940 $672,676 $14,670,210
2016/2017 $626,746 $877,729 $1,017,788 $1,287,233 $1,563,872 $2,039,072 $2,372,645 $1,759,078 $1,094,422 $813,074 $977,476 $673,803 $15,102,938
2017/2018 $613,533 $1,022,812 $1,308,642 $1,685,174 $2,115,325 $2,571,812 $3,327,182 $2,065,121 $1,369,241 $1,028,140 $1,055,983 $799,929 $18,962,894
2018/2019 $724,286.94 $962,307.83 $1,460,291.29 $1,852,775.41 $2,236,571.69 $2,909,402.55 $3,417,528.21 $2,317,457.12 $1,568,725.41 $17,449,346
TOTAL:$6,502,286 $9,650,018 $12,299,642 $14,587,243 $19,540,789 $24,996,477 $29,612,395 $20,283,925 $13,165,608 $8,764,881 $9,495,185 $7,830,216 $176,728,665
COLLIER COUNTY TOURIST TAX
HOTEL-MOTEL
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $865 $2,254 $3,617 $4,037 $7,099 $8,669 $15,490 $9,765 $8,182 $4,710 $7,116 $5,100 $76,904
2006/2007 $2,028 $3,691 $9,886 $10,092 $19,130 $24,221 $26,340 $17,397 $9,043 $6,290 $12,221 $6,099 $146,438
2007/2008 $6,597 $7,295 $10,353 $10,716 $20,438 $19,074 $20,960 $13,613 $7,614 $7,215 $7,767 $6,333 $137,975
2008/2009 $4,897 $5,623 $7,807 $10,438 $14,909 $13,650 $20,868 $21,687 $10,080 $11,449 $13,356 $13,307 $148,071
2009/2010 $10,156 $9,509 $13,274 $20,198 $17,462 $28,801 $34,980 $31,383 $12,115 $19,999 $15,197 $9,839 $222,913
2010/2011 $7,444 $5,816 $13,426 $18,029 $17,347 $22,275 $27,152 $28,303 $16,540 $6,406 $14,542 $9,450 $186,730
2011/2012 $4,990 $7,843 $11,914 $14,375 $18,080 $18,075 $22,054 $23,386 $10,833 $11,349 $16,720 $6,776 $166,395
2012/2013 $7,420 $9,011 $8,739 $10,799 $18,677 $30,204 $25,897 $17,922 $11,497 $15,806 $14,176 $13,514 $183,662
2013/2014 $7,725 $9,110 $10,946 $16,611 $16,706 $24,095 $25,334 $25,782 $11,816 $10,651 $18,300 $9,171 $186,247
2014/2015 $7,907 $9,119 $9,317 $12,089 $20,035 $18,110 $29,146 $23,859 $12,435 $11,037 $9,440 $8,348 $170,842
2015/2016 $6,528 $8,747 $8,746 $11,803 $17,912 $18,711 $23,039 $16,287 $9,077 $8,436 $12,384 $9,435 $151,105
2016/2017 $6,671 $6,505 $7,993 $11,488 $14,095 $13,429 $26,460 $15,473 $15,673 $14,178 $17,732 $12,203 $161,900
2017/2018 $5,645 $7,545 $10,429 $15,348 $15,016 $20,863 $3,332 $826 $327 $48,473 $56,909 $39,705 $224,418
2018/2019 $30,989.69 $41,637.87 $45,997.80 $49,741.09 $47,019.02 $56,968.44 $76,020.18 $59,146.32 $35,481.77 $443,002.18
TOTAL:$109,863 $133,706 $172,445 $215,764 $263,925 $317,145 $377,072 $304,829 $170,714 $175,999 $215,860 $149,280 $2,606,602
COLLIER COUNTY TOURIST TAX
INTERVAL
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $26 $312 $554 $517 $129 $779 $2,399 $45 $51 $89 $14 $2 $4,917
2006/2007 $3,093 $482 $203 $620 $1,110 $2,831 $2,017 $700 $828 $133 $160 $170 $12,347
2007/2008 $172 $288 $768 $1,444 $3,492 $1,941 $4,349 $557 $218 $461 $348 $450 $14,488
2008/2009 $43 $162 $1,057 $1,229 $1,982 $3,139 $4,012 $1,175 $702 $228 $249 $194 $14,172
2009/2010 $438 $746 $974 $1,688 $2,479 $1,940 $5,061 $2,170 $911 $516 $292 $464 $17,679
2010/2011 $352 $705 $1,477 $2,940 $3,895 $4,309 $5,743 $1,692 $879 $312 $266 $257 $22,827
2011/2012 $228 $517 $543 $1,455 $1,392 $3,710 $4,826 $1,441 $466 $126 $156 $157 $15,017
2012/2013 $126 $281 $1,558 $1,306 $1,815 $3,131 $6,289 $814 $1,025 ($564)$327 $146 $16,254
2013/2014 $64 $80 $112 $842 $1,238 $1,737 $4,279 $505 $128 $19 $106 $6 $9,116
2014/2015 $19 $23 $116 $1,531 $522 $1,121 $5,015 $799 $552 $17 $16 $17 $9,748
2015/2016 $0 $37 $159 $585 $657 $2,431 $3,617 $534 $160 $187 $27 $19 $8,413
2016/2017 $18 $20 $323 $409 $610 $1,890 $2,965 $536 $46 $87 $38 $31 $6,973
2017/2018 $74 $69 $113 $417 $1,123 $952 $3,332 $826 $327 $114 $60 $66 $7,473
2018/2019 $45.34 $135.85 $255.84 $1,285.66 $1,417.22 $1,330.90 $2,984.09 $835.65 $52.12 $8,342.67
TOTAL:$4,698 $3,858 $8,213 $16,269 $21,861 $31,242 $56,888 $12,630 $6,345 $1,725 $2,059 $1,979 $167,767
COLLIER COUNTY TOURIST TAX
MOBILE HOME PARK
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $21,925 $37,853 $75,051 $208,942 $510,259 $486,827 $320,765 $152,766 $50,440 $48,929 $67,147 $34,644 $2,015,548
2006/2007 $23,565 $48,345 $72,589 $205,848 $533,649 $484,299 $370,561 $117,786 $32,077 $56,839 $56,844 $51,153 $2,053,555
2007/2008 $20,882 $53,052 $80,700 $223,546 $529,475 $474,235 $393,053 $97,329 $70,463 $39,158 $72,047 $47,923 $2,101,863
2008/2009 $29,856 $38,351 $66,371 $209,977 $540,182 $457,009 $262,916 $107,095 $44,859 $37,426 $59,058 $51,270 $1,904,370
2009/2010 $19,813 $41,738 $68,084 $210,249 $539,102 $441,771 $357,570 $112,468 $37,806 $36,973 $55,189 $37,468 $1,958,231
2010/2011 $18,057 $31,513 $66,367 $185,189 $490,560 $382,195 $312,031 $99,230 $43,978 $36,515 $62,275 $33,265 $1,761,175
2011/2012 $21,829 $46,255 $83,167 $251,500 $593,055 $476,112 $382,637 $112,328 $44,490 $54,563 $66,272 $38,104 $2,170,312
2012/2013 $45,837 $53,488 $69,744 $242,970 $548,304 $525,072 $443,408 $112,590 $53,536 $66,625 $72,661 $56,214 $2,290,449
2013/2014 $51,012 $59,677 $107,059 $311,312 $771,345 $481,773 $521,311 $174,440 $68,490 $71,114 $76,292 $115,045 $2,808,870
2014/2015 $60,779 $86,730 $145,207 $408,875 $1,097,400 $565,988 $534,043 $203,715 $73,145 $83,786 $116,492 $93,676 $3,469,836
2015/2016 $69,988 $96,322 $147,370 $451,832 $1,218,684 $613,623 $532,594 $195,205 $64,140 $79,911 $127,179 $76,456 $3,673,304
2016/2017 $31,571 $116,434 $167,433 $384,193 $1,002,041 $587,136 $521,839 $214,141 $69,897 $75,495 $117,815 $59,962 $3,347,957
2017/2018 $80,503 $127,192 $203,456 $522,909 $1,356,549 $788,417 $754,425 $221,403 $114,124 $119,545 $132,715 $77,753 $4,498,991
2018/2019 $43,404.47 $95,373.52 $180,109.33 $451,257.11 $1,325,950.28 $727,445.30 $703,023.15 $215,959.23 $80,215.99 $3,822,738.38
TOTAL:$539,021 $932,324 $1,532,707 $4,268,599 $11,056,555 $7,491,902 $6,410,176 $2,136,455 $847,661 $806,879 $1,081,986 $772,933 $37,877,199
COLLIER COUNTY TOURIST TAX
PROPERTY MANAGEMENT COMPANY
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $2,009 $2,462 $6,622 $17,116 $21,543 $30,174 $33,024 $11,607 $5,331 $3,474 $3,313 $3,135 $139,810
2006/2007 $3,579 $4,746 $11,676 $11,640 $20,946 $27,551 $38,732 $9,843 $5,634 $2,542 $2,679 $2,917 $142,485
2007/2008 $2,813 $3,141 $5,568 $14,015 $22,010 $27,176 $32,516 $13,625 $3,740 $3,059 $2,716 $2,530 $132,909
2008/2009 $2,648 $3,212 $4,849 $13,465 $39,031 $26,499 $40,324 $8,261 $3,491 $2,910 $1,959 $1,859 $148,508
2009/2010 $2,494 $2,999 $5,825 $13,772 $21,117 $30,227 $41,973 $7,260 $3,551 $1,501 $3,616 $1,954 $136,289
2010/2011 $1,903 $3,102 $5,296 $14,095 $18,919 $25,457 $42,028 $7,013 $3,961 $1,735 $3,441 $2,802 $129,752
2011/2012 $1,892 $3,546 $5,271 $11,540 $28,012 $27,270 $22,208 $7,704 $19,524 $2,046 $3,239 $2,103 $134,355
2012/2013 $2,387 $2,995 $6,424 $14,205 $23,600 $25,327 $37,713 $10,830 $3,897 $2,184 $4,143 $2,221 $135,926
2013/2014 $1,993 $3,212 $5,155 $14,761 $36,764 $35,967 $28,369 $11,973 $5,362 $3,463 $3,354 $3,157 $153,530
2014/2015 $3,597 $6,207 $9,069 $22,943 $38,241 $27,390 $46,976 $9,553 $4,949 $3,096 $3,347 $2,309 $177,677
2015/2016 $2,724 $4,412 $8,772 $20,618 $37,682 $31,554 $30,013 $8,095 $6,071 $2,937 $4,443 $1,717 $159,038
2016/2017 $7,602 $7,952 $8,080 $21,613 $34,788 $34,222 $32,073 $12,719 $4,890 $2,697 $3,482 $1,890 $172,008
2017/2018 $1,279 $5,875 $10,173 $23,802 $44,929 $40,963 $38,852 $22,224 $4,825 $4,353 $4,930 $2,992 $205,197
2018/2019 $3,042.79 $5,658.18 $11,653.59 $27,459.49 $40,703.67 $42,693.27 $57,279.72 $13,660.54 $5,531.32 $207,682.57
TOTAL:$39,963 $59,519 $104,434 $241,044 $428,286 $432,470 $522,081 $154,368 $80,757 $35,997 $44,662 $31,586 $2,175,167
COLLIER COUNTY TOURIST TAX
CAMPGROUND-RV-PARK
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $9,710 $3,439 $4,409 $18,100 $17,773 $24,067 $52,042 $15,400 $5,945 $9,955 $6,729 $3,319 $170,888
2006/2007 $13,559 $4,549 $6,049 $20,838 $14,666 $23,955 $67,207 $13,573 $6,254 $16,936 $7,301 $8,453 $203,340
2007/2008 $17,673 $7,136 $12,482 $27,895 $15,617 $22,793 $82,815 $18,577 $11,121 $19,502 $8,797 $10,929 $255,337
2008/2009 $17,263 $11,147 $10,098 $33,205 $16,416 $33,371 $97,716 $19,903 $11,470 $23,375 $12,173 $9,587 $295,724
2009/2010 $24,226 $7,933 $12,349 $33,206 $16,749 $41,749 $113,111 $20,584 $9,537 $23,926 $12,516 $17,674 $333,560
2010/2011 $31,981 $9,989 $12,618 $39,011 $20,626 $40,342 $126,367 $27,892 $12,448 $28,622 $20,527 $9,345 $379,768
2011/2011 $45,000 $11,899 $21,462 $49,877 $28,960 $51,324 $151,981 $26,449 $21,948 $38,055 $14,146 $33,708 $494,809
2012/2013 $38,478 $20,317 $19,333 $64,759 $37,280 $58,743 $169,738 $37,878 $24,636 $47,914 $17,384 $13,850 $550,310
2013/2014 $52,554 $16,301 $22,264 $69,743 $46,047 $59,529 $246,183 $58,476 $28,202 $57,917 $23,435 $24,534 $705,185
2014/2015 $70,504 $28,196 $27,002 $102,653 $55,207 $89,876 $298,550 $52,158 $47,797 $69,675 $21,450 $26,396 $889,464
2015/2016 $67,138 $28,733 $31,540 $113,112 $59,552 $131,755 $361,396 $56,053 $34,679 $73,245 $26,281 $20,359 $1,003,843
2016/2017 $83,753 $21,429 $34,054 $113,691 $72,356 $139,427 $374,058 $83,333 $34,610 $89,029 $24,924 $20,192 $1,090,856
2017/2018 $86,058 $34,298 $44,503 $151,536 $65,860 $138,385 $492,868 $123,942 $47,377 $115,151 $50,860 $43,497 $1,394,335
2018/2019 $92,770.15 $92,911.35 $61,621.67 $230,497.84 $121,632.27 $212,698.54 $648,237.66 $103,534.56 $56,597.62 $1,620,501.66
TOTAL:$650,667 $298,277 $319,785 $1,068,124 $588,741 $1,068,015 $3,282,270 $657,753 $352,622 $613,302 $246,523 $241,843 $9,387,921
COLLIER COUNTY TOURIST TAX
SINGLE FAMILY
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $1,466 $198 $874 $1,987 $3,447 $6,076 $10,463 $1,504 $4,446 $1,740 $179 $29 $32,409
2006/2007 $2,403 $320 $1,387 $2,519 $3,479 $4,476 $7,976 $1,601 $624 $692 $1,447 $284 $27,208
2007/2008 $296 $2,797 $964 $2,770 $6,901 $4,396 $5,539 $2,817 $587 $1,045 $176 $158 $28,446
2008/2009 $675 $111 $1,162 $1,700 $3,571 $4,192 $7,489 $1,210 $710 $349 $63 $41 $21,273
2009/2010 $367 $165 $947 $2,776 $3,910 $4,729 $6,041 $2,607 $1,350 $799 $133 $150 $23,974
2010/2011 $1,113 $260 $1,018 $2,495 $4,802 $5,119 $4,555 $3,300 $2,706 $879 $140 $133 $26,520
2011/2012 $896 $435 $1,497 $863 $5,735 $6,040 $10,405 $4,081 $1,847 $1,221 $166 $64 $33,250.00
2012/2013 $1,205 $5,819 $1,368 $7,009 $5,810 $6,385 $8,007 $4,216 $1,647 $1,764 $520 $504 $44,254.00
2013/2014 $1,152 $646 $2,975 $6,856 $5,244 $8,564 $9,155 $3,800 $1,300 $1,372 $527 $926 $42,517.00
2014/2015 $801 $900 $4,565 $2,897 $5,534 $7,732 $7,636 $2,667 $984 $542 $133 $63 $34,454.00
2015/2016 $0 $32 $582 $1,003 $1,100 $1,714 $1,380 $774 $20 $0 $0 $0 $6,605.00
2016/2017 $102 $0 $0 $366 $911 $928 $887 $146 $31 $0 $0 $0 $3,371.00
2017/2018 $304 $0 $0 $39 $993 $729 $1,442 $176 $0 $93 $0 $0 $3,776.00
2018/2019 $256.10 $0.00 $0.00 $0.00 $0.00 $216.43 $1,232.08 $40.00 $0.00 $1,744.61
TOTAL:$11,036 $11,683 $17,339 $33,280 $51,437 $61,296 $82,207 $28,939 $16,252 $10,496 $3,484 $2,352 $329,801.61
COLLIER COUNTY TOURIST TAX
APARTMENT
FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS
2005/2006 $38,173 $523,284 $836,793 $1,058,211 $1,735,579 $2,241,964 $2,441,129 $1,500,894 $954,244 $734,243 $725,247 $544,998 $13,334,759
2006/2007 $436,452 $605,668 $859,051 $1,056,702 $1,835,999 $2,338,801 $2,608,708 $1,501,529 $907,302 $746,001 $710,183 $622,286 $14,228,682
2007/2008 $525,638 $689,286 $800,592 $1,240,865 $1,923,205 $2,310,172 $2,713,577 $1,577,193 $866,202 $805,292 $757,042 $586,617 $14,795,681
2008/2009 $399,869 $619,243 $798,658 $1,127,737 $1,634,522 $1,975,391 $2,021,992 $1,229,845 $748,687 $580,021 $639,464 $569,707 $12,345,136
2009/2010 $444,949 $546,988 $745,094 $1,057,680 $1,678,598 $2,032,871 $2,406,026 $1,323,167 $789,625 $584,332 $669,368 $577,933 $12,856,631
2010/2011 $478,857 $625,120 $750,069 $1,009,718 $1,601,322 $2,026,114 $2,566,965 $1,356,751 $850,683 $679,769 $730,744 $640,129 $13,316,241
2011/2012 $525,334 $691,705 $924,729 $1,208,561 $1,907,069 $2,325,647 $2,787,652 $1,437,632 $934,544 $730,332 $778,252 $646,793 $14,898,250
2012/2013 $627,861 $734,419 $959,221 $1,276,477 $2,057,493 $2,396,642 $3,303,059 $1,463,598 $1,041,187 $831,809 $838,300 $653,505 $16,183,571
2013/2014 $574,901 $876,087 $1,056,505 $1,520,239 $2,551,510 $2,782,632 $3,721,589 $1,895,808 $1,216,039 $939,370 $990,663 $1,011,824 $19,137,167
2014/2015 $684,811 $965,779 $1,234,208 $1,949,763 $2,992,190 $3,105,802 $4,279,428 $2,049,784 $1,115,485 $959,458 $975,615 $876,042 $21,188,365
2015/2016 $794,682 $1,003,722 $1,320,636 $2,040,375 $3,184,388 $3,323,336 $4,295,463 $1,869,371 $1,164,488 $929,830 $1,096,357 $816,149 $21,838,797
2016/2017 $813,891 $1,059,765 $1,289,344 $1,989,868 $2,870,125 $3,296,373 $4,129,743 $2,201,844 $1,284,169 $1,067,731 $1,173,533 $785,191 $21,961,577
2017/2018 $848,892 $1,237,475 $1,639,804 $2,628,350 $3,766,753 $3,926,484 $5,697,311 $2,756,497 $1,684,247 $1,343,341 $1,317,113 $1,000,986 $27,847,253
2018/2019 $978,311.40 $1,196,380.00 $1,863,477.54 $2,965,748.36 $4,003,538.80 $4,441,519.45 $6,035,819.92 $2,862,296.82 $1,830,675.13 $26,177,767.42
TOTAL:$8,172,621 $11,374,921 $15,078,182 $22,130,294 $33,742,292 $38,523,748 $49,008,462 $25,026,210 $15,387,577 $10,931,529 $11,401,881 $9,332,160 $250,109,877
COLLIER COUNTY TOURIST TAX
TOTALS
APARTMENTS, CONDOMINIUM, CAMPGROUD/RV/PARK, HOTEL/MOTEL, INTERVAL, MOBILE HOME PARK, SINGLE FAILY, REALTOR
May 9, 2019
8
project expenditure of $5,500,000 (excluding Professional Engineering services) and finds the item
promotes tourism. Second by Mr. Raymond. Carried unanimously 8 – 0.
IX. Old Business
1. Update - LaParc Beach Erosion/Monitoring LaParc Beach
* Beach Erosion - LeParc
* High Tide - 5-2-2019
* Bob Raymond - Photos
Mr. McAlpin noted at last month’s meeting, the Committee requested the area be monitored to
determine if any further erosion occurs and emergency action needs to be taken to address any
issues. He presented recent photos of area in question which depicted available beach for use by
patrons. A storm event created the conditions identified by area residents at the previous meeting.
The area is slated for renourishment in the late fall of 2019.
X. Announcements
None
XI. Committee Member Discussion
Mr. McAlpin noted:
• The State is changing the criteria for local government funding requests to a “bi ggest bang for
the buck” concept.
• An application has been filed with FEMA to replace the signs lost on the beaches due to the
damage from Hurricane Irma.
XII. Next Meeting Date/Location
June 13, 2019 – Government Center, Administration Bldg. F, 3rd Floor
There being no further business for the good of the County, the meeting was adjourned by order
of the chair at 3:31 P.M.
Collier County Coastal Advisory Committee
_____________________________________
David Trecker, Chairman
These minutes approved by the Board/Committee on _________________as presented________ or as amended
___________.
CAC July 11, 2019
VI-1 Approval of Minutes
8 of 8
Tourist Development Tax
Tourist Development Tax Collected by Area
FY12 –FY16
7-9-19 1
Tourist Development Tax
Tourist Development Tax Collected by Area
FY17, FY18 & FY19YTD
7-9-19
2
Tourist Development Tax
Tourist Development Tax -Collection Trend by Area
7-9-19 3
Tourist Development Tax
Tourist Development Tax -Collection Proportions by Area
7-9-19 4
Tourist Development Tax
Tourist Development Tax -Beach Renourishment Expenditures by Area
FY12 –FY16
7-9-19
5
Tourist Development Tax
Tourist Development Tax -Beach Renourishment Expenditures by Area
FY17, FY18 & FY19YTD
7-9-19 6
EXECUTIVE SUMMARY
Recommendation to approve Agreements No. 19CO2 and No. 19CO3 with the Florida Department
of Environmental Protection Bureau of Beaches and Coastal Systems for Hurricane Irma Recovery
Projects for the Collier County Beaches and make a finding that this item promotes tourism.
OBJECTIVE: To execute Agreements No. 19CO2 and No. 19CO3 with the Florida Department of
Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems for Hurricane Irma Recovery
Projects on Collier County Beaches.
CONSIDERATIONS: Hurricane Irma made landfall on September 10, 2017 causing beach and dune
erosion along Collier County Beach Nourishment in Collier County. The 2018 Florida Legislature
provided funds to assist count counties with beach and dune restoration projects. FDEP developed the
2018 Hurricane Irma Supplemental Funding Plan for Florida's beach and dune system to distribute these
funds.
FDEP has determined that 100% (percent)of the non-federal Project cost is eligible for state cost sharing.
FDEP's financial obligation shall not exceed the sum of$1,917,724 for Collier County Beach (19CO2)
and $244,943 for South Marco Island Beach (19CO3).
FISCAL IMPACT: Funds in the amount of $2,162,667 may be reimbursed by FDEP for design and
construction of the Hurricane Irma Recovery Projects at Collier County Beaches.
GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan related to
this action.
ADVISORY COMMITTEE RECOMMENDATIONS:. This item will be presented to the Coastal
Advisory Committee for recommendation for approval on July 11, 2019 and the Tourist Development
Council on July 22, 2019
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval.—CMG
RECOMMENDATION: To approve Agreements No: 19CO2 and No. 19CO3 with the Florida
Department of Environmental Protection Bureau of Beaches and Coastal Systems for the Hurricane Irma
Recovery Projects and make a finding that this item promotes tourism.
Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees
and Program Management Division
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes:
1. Project Title (Project): Agreement Number:
Collier County Beach - Hurricane Irma Recovery Project 19CO2
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 (Department)
Grantee Name: Collier County Entity Type: Local Government
Grantee Address: 2685 South Horseshoe Drive, Unit 103 FEID: 59-6000558
Naples, FL 34104
(Grantee)
3. Agreement Begin Date: Date of Expiration:
9/l/2017 12/31/2021
4. Project Number: Project Location(s):
(ff differenifrom Agreement Number) Collier County
Project Description: The Project consists of design and construction of the Collier County Beach - Hurricane Irma Recovery Project.
5. Total Amount of Funding:
$1,917,724.00
Funding Source? Award #s or Line Item Appropriations: Amount per Source(s):
® State El Federal GAA Line #1605 $1,917,724.00
❑ State ❑Federal
❑ Grantee Match
_ Total Amount of Funding + Grantee Match, if any: $1,917,724.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Vince George
or successor
Address: Beach Management Funding Assistance
2600 Blair Stone Road, MS 3601
Tallahassee, FL 32399-3000
Name: Gary McAlpin
or successor
Address: 2685 South Horseshoe Drive, Unit 103
Naples, FL 34104
Phone: (850)245-7601 Phone: (239)252-5342
Email: Vincent.George@floridadep.gov Email: Gary.McAlpin@colliercountyfl.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
inrnrnnrnta`1 by n-fPranrr
GZ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
(Z Attachment 2: Special Terms and Conditions
CEJ Attachment 3: Grant Work Plan
GZ Attachment 4: Public Records Requirements
® Attachment 5: Special Audit Requirements
❑ Attachment 6: Program -Specific Requirements
❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with §215.985, F.S.
❑ Attachment 8: Federal Regulations and Terms (Federal)
❑ Additional Attachments (if necessary):
❑ Exhibit A: Progress Report Form
❑ Exhibit B: Property Reporting Form
2 Exhibit C: Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements for Grants
❑ Exhibit E: Advance Payment Terms and Interest Earned Memo
❑ Additional Exhibits (if necessary):
DEP Agreement No. 19CO2 Rev. 6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Numbers (FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? ❑ Yes ❑N/A
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below, whichever is later.
Collier County GRANTEE
Grantee Name
LM
(Authorized Signature)
Print Name and Title of Person Signing
Date Signed
State of Florida Department of Environmental Protection DEPARTMENT
am
Secretary or Designee
Print Name and Title of Person Signing
V Additional signatures attached on separate page.
ATTEST
CRYSTAL K. KINZEL, CLERK
M
Approved as to form and legality
L�
Assistant County Attomey
Date Signed
DEP Agreement No. 19CO2
Rev. 6f20118
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be 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. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. if a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match
requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount
of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that
exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A
change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement
period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment
3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or
(3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement
may be amended to provide for additional services if additional funding is made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
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5. Performance Measures.
The Grantee warrants that; (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe
upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,
subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided
by Department, for work done at the Project Location(s), The Department reserves the right to investigate or inspect
at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements.
Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose
Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies
in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days
of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been
accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department
approval of a CAP as specified above may result in Department's termination of this Agreement for
cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, 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 Department or steps taken by Grantee shall preclude 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
Department as requested by Department's Grant Manager.
iii. 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 Department may result in termination of the
Agreement.
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8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, 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: www.myfloridacfo.com/aadir/reference guide/.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and
post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
ww,,v.mvfloridaefo.com/Division/AA/Vendors/def.'ault.htm.
j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from 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 eligible multipliers used (i.e., fringe benefits, overhead, indirect,
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and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and
Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. 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.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to 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 (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing
$1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty (30) days.
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11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the
timeframe stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shal l not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
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has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14, Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title l 1 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
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17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii, the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: 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, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
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other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If 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.
b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. 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.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. 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.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole
option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Attachment 1
8ofII
Rev. 1/4/19
Section 287.13 5, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8), F.S., if federal law 'ceases to authorize these contracting prohibitions then
they shall become inoperative.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S.
26. Record Keeping.
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 that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http•//dos myflorida com/library-archives/records-mana eg ment/general-records-schedules/).
27. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub -grantees and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
H. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. 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.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, 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, 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. f1 dfs. com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs
and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department
Attachment 1
9ofII
Rev. 1/4/19
may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request.
e. No Commingling of Funds. 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, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by 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 Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. 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.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. 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. 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.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
Attachment 1
10 of 11
Rev. 1/4/19
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
32. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third -
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
34, Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
35. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
37. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
11 of 11
Rev. 1/4/19
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. 19CO2
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment L Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the Collier County Beach - Hurricane Irma Recovery Project.. The
Project is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement begins on September 1, 2017 and ends at
the expiration of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
®
❑
Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
®
❑
a. Fringe Benefits, N/A.
❑
❑
b. Indirect Costs, N/A.
®
❑
Contractual (Subcontractors)
❑
❑
Travel
❑
❑
Equipment
❑
❑
Rental/Lease of Equipment
❑
❑
Miscellaneous/Other Expenses
❑
❑
Land Acquisition
5. Travel.
Additional compensation for travel is not authorized under this Agreement.
6. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
7. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
8. Match Requirements
See Attachment 3, Grant Work Plan.
Attachment 2
1 of 2
Rev. 5/3/2018
9. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable
$200,000/300,000 Hired and Non -owned Automobile Liability Coverage
c. Workers' Compensation and Employer's Liability Coverage.
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer's
liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement.
d. Other Insurance. None.
10, Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
11. Retainage.
Retainage is permitted under this agreement. Retainage may be up to a maximum of 10% of the total amount of the
Agreement.
12. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Grant Manager
except for certain fixed-price subcontracts pursuant to 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.
13. State-owned Land.
Special Terms for Projects on State -Owned Land. The Board of Trustees of the Internal Improvement Trust Fund
must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a
non-governmental entity, indemnified by the Grantee.
14. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
15. Additional Terms.
bt,,-ve "n?is1 be aq 1111, 4? 0!11¢ c tV ix4'nu _._
Attachment 2
2 of 2
Rev. 5/3/2018
ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Collier County Beach - Hurricane Irma Recovery Project
PROJECT LOCATION: The Project is located between Department of Environmental Protection
(Department or DEP) reference monuments R22 and R79 along the Gulf of Mexico in Naples in Collier
County, Florida, as specified in the Strategic Beach Management Plan and Section 6213-36.005, Florida
Administrative Code (F.A.C.). The Project includes 7.5 miles, among three segments of shoreline within
Collier County: Vanderbilt Beach, approximately 1.6 miles between Department Monuments R22 to R31;
Park Shore, approximately 2.2 miles between Department Monuments R43.7 to R54.4; and Naples,
approximately 3.7 miles between Department Monuments R58 to R79.
PROJECT BACKGROUND: Hurricane Irma made landfall on September 10, 2017 causing beach and
dune erosion along Collier County Beach Nourishment in Collier County. The 2018 Florida Legislature
provided funds to assist counties with beach and dune restoration projects. The Department developed the
2018 Hurricane Irma Supplemental Funding Plan for Florida's beach and dune system to distribute these
funds. Construction of a storm recovery project is anticipated in FY2019-20 to repair storm damages.
PROJECT DESCRIPTION: The Project consists of design and construction of the Collier County Beach
- Hurricane Irma Recovery Project.
PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project
cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the
sum of $1,917,724 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the
specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an
estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that
eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code
(F.A.C.).
The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel
limits established in Section 112.061, Florida Statute (F.S.).
Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible
governmental entities for beach erosion control and inlet management activities under the Florida Beach
Management Funding Assistance Program.
Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor,
has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated
with the beach erosion control project as described herein.
The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement,
all applicable Department permits and the eligible Project task items established below. All data collection
and processing, and the resulting product deliverables, shall comply with the standards and technical
specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects
(2014) and all associated state and federal permits, unless otherwise specified in the approved scope of
work for an eligible Project item. The monitoring standards may be found at:
DEP Agreement No. 19CO2, Attachment 3, Page 1 of 4
https://fIoridadep.gov/sites/default/files/PhysicalMonitoringStandards.pdf
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
Acronyms:
DEP — Florida Department of Environmental Protection
F.S. — Florida Statutes
F.A.C. — Florida Administrative Code
TASKS and DELIVERABLES:
The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized
by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be
completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work
and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager
to be included into this work plan for reimbursement.
Task 1: Design
Task Description: The Local Sponsor will acquire professional services for the engineering and design of
the Project such as coastal engineering analyses, preparation of plans and specifications, physical and
environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet
studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental
permits and other Project -related authorizations. The Local Sponsor will submit work products to the
appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be
eligible for reimbursement under this task.
Deliverable: Certification of Completion including documentation of submittal affirming that the final
design document was completed and submitted to the Department. For interim payment requests, a Task
Summary Report signed by the Local Sponsor must be submitted detailing work progress during the
payment request period. The Task Summary Report must include the dates and descriptions of all activities,
surveys and reports completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Task 2: Construction
Task Description: This task includes work performed and costs incurred associated with the placement of
fill material and/or the construction of erosion control structures within the Project area. Project costs
associated with eligible beach and inlet construction activities include work approved through construction
bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, physical and environmental
surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization
measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and
all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal
DEP Agreement No. 19CO2, Attachment 3, Page 2 of 4
regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement
under this task.
Deliverable: Certification of Completion by a Florida -registered Professional Engineer with
documentation of submittal to the Department affirming the construction task was completed in accordance
with construction contract documents. For interim payment requests, a Task Summary Report must be
submitted detailing activities completed during the payment request period. The Task Summary Report
must include the dates and descriptions of all activities, surveys and reports completed or in progress during
the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Estimated Eligible Project Cost
Task #
Eligible
Project Tasks
State
Cost
Share
(%)
Fe de ral
Estimated
Project
Costs
DEP
Local
Total
1
Design and
Permitting
50.00%
$227,344.00
$227,344.00
$454,688.00
2
Construction
50.00%
$1,690,380.00
$1,690,380.00
$3,380,760.00
TOTAL
PROJECT
COSTS
$1,917,724.00
$1,917,724.00
$3,835,448.00
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
TaskBudget Task Start 'Deliverable
No Task Title Budget Category''Amount Date DueDate
I Design Contractual Services $227,344 09/01/17 06/30/21
2 Construction Contractual Services $1,690,380 11/01/19 06/30/21
Total: $1,917,724
SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not
exceed those indicated below.
DEP Agreement No. 19CO2, Attachment 3, Page 3 of 4
DEP Agreement No. 19CO2, Attachment 3, Page 4 of 4
Senior Field Inspector
$32.65
17.95%
Senior Environmental Specialist
$29.10
17.75%
Environmental Specialist
$22.50
17.75%
Project Manager
$39.00
17.95%
Senior Field Inspector
$32.65
17.95%
2
Senior Environmental Specialist
$29.10
17.75%
Environmental Specialist
$22.50
17.75%
DEP Agreement No. 19CO2, Attachment 3, Page 4 of 4
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119. 10, F.S.
d. Ensure that 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 contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services ckfloridadep. oovv
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Agreement No. 19CO2, Attachment 4, Page 1 of 1
Rev. 4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
Attachment 5
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 agreement) to the recipient (which may be
referred to as the 'Recipient" "Grantee" or other name in the 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).
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-1.33, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part.
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-1.33, as revised,
and 2 CFR Part 200, Subpart F.
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).
DEP Agreement No. 19CO2, Attachment 5, Page 1 of 5
Rei. 4/27/2018
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at www.cfda-aov
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.
] . 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 1.0.650 (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://anns.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.lea.state.fl.us/Welcome/indox.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://lvww.fldfs.com/ and the Auditor General's Website at
htti)://www.mvflorida.com/audpen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
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. 19CO2, Attachment 5, Page 2 of 5
Re,. 4/27/2018
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:
FDEPSineleAudit dep.state.fl.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 hq://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:
FDEPSin eleAuditgdep.state. fl.us
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
DEP Agreement No. 19CO2, Attachment 5, Page 3 of 5
Re) . 4/27/2016
Electronically:
FDEPSin a]eAudit a,dep.state.fl.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
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:
FDEPSingleAuditgdep.state.fl.us
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.
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 five (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 three (3) years from the date the audit report
is issued, unless extended in writing by the Department of Environmental Protection.
DEP Agreement No. 19CO2, Attachment 5, Page 4 of 5
Rev. 4/27/2018
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EXHIBIT D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTI.ON
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project: Collier County Beach - Hurricane Irma Recovery Project
Local Sponsor: Collier County
DEP Agreement Number: 19CO2
Remittance Address:
Billing Number:
Billing Type: ❑ Interim Billing ❑ Final Billing
Costs Incurred This Payment Request:
Federal Share* State Share Local Share
Total
*if applicable
Cost Summary:
State Funds Obligated Local Funds Obligated
Less Advance Pay Less Advance Pay
Less Previous Payment Less Previous Credits
Less Previous Retained Less This Credit
Less This Payment Local Funds Remaining
Less This Retainage (5%
State Funds Remaining
DEP Agreement No. 19CO2, Exhibit C, Page 1 of 5
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART III
PROJECT PROGRESS REPORT
Name of Project: Collier County Beach - Hurricane Irma Recovery Project
Local Sponsor: Collier County
DEP Agreement Number: 19CO2
Billing Number:
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding
percent of task completed to date. Describe any implementation problems encountered, if applicable.). 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:
DEP Agreement No. 19CO2, Exhibit C, Page 3 of 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTIFICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT — PART IV
Name of Project: Collier County Beach - Hurricane Irma Recovery Project
Local Sponsor: Collier County
DEP Agreement Number: 19CO2
Billing Number:
Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local
Sponsor; that payment from the State Government has not been received; that the work and/or services are
in accordance with the Department of Environmental Protection, Beach Management Funding Assistance
Program's approved Project Agreement including any amendments thereto; and that progress of the work
and/or services are satisfactory and are consistent with the amount billed. The disbursement amount
requested on Page 1 of this form is for allowable costs for the Project described in the grant work plan.
I certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers,
copies of checks, and other purchasing documentation are maintained as required to support the cost
reported above and are available for audit upon request.
Name of Project Administrator
Name of Project Financial Officer
Signature of Project Administrator
Signature of Project Financial Officer
DEP Agreement No.19CO2, Exhibit C, Page 4 of 5
Date
Date
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CONTRACT COMPLETION CERTIFICATION
PART V
Name of Project: Collier County Beach - Hurricane Irma Recovery Project
Local Sponsor: Collier County
DEP Agreement Number: 19CO2
Task Completion ❑(List Task
Contract Completion ❑
*I hereby certify that the above-mentioned Project task has been completed in accordance with the Project
Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds
expended for the Project were expended pursuant to this Agreement. All unused funds and interest accrued
on any unused portion of advanced funds which have not been remitted to the Department, have been
returned to the Department, or will be returned to the Department within sixty (60) days of the completion of
construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers
through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed.
Name of Project Manager Signature of Project Manager Date
DEP Agreement No.19CO2, Exhibit C, Page 5 of 5
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes:
1. Project Title (Project): Agreement Number:
South Marco Island Beach - Hurricane Irma Recovery Project 1903
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard (Department)
Tallahassee, Florida 32399-3000
Grantee Name: Collier County Entity Type: Local Government
Grantee Address: 2685 South Horseshoe Drive, Unit 103 Naples, FL 34104 FEID• 59-6000558
(Grantee)
3. Agreement Begin Date: Date of Expiration:
9/l/2017 12/31/2021
4, Project Number: Project Location(s):
(If diifferentfromAgreement Number) Collier County
Project Description: The Project consists of design and construction of the South Marco Island Beach - Hurricane Irma Recovery
Project.
5. Total Amount of Funding:
$244,943.00
Funding Source? Award #s or Line Item Appropriations: Amount per Source(s):
® State ❑Federal GAA Line #1605 $244,943.00
❑ State ❑Federal
❑ Grantee Match
Total Amount of Funding + Grantee Match, if any: $244,943.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Vince George Name: Gary McAlpin
or successor or successor
Address: Beach Management Funding Assistance
2600 Blair Stone Road, MS 3601
Tallahassee, FL 32399-3000
Address: 2685 South Horseshoe Drive, Unit 103
Naples, FL 34104
Phone: (850) 245-7601 Phone: (239) 252-5342
Email: Vincent.George@floridadep.gov Email: Gary.McAlpin@colliercountyfl.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
inrnYnm%tP(i hu ra&rPn(:P.-
m Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
GZ Attachment 2: Special Terms and Conditions
21 Attachment 3: Grant Work Plan
0 Attachment 4: Public Records Requirements
Z Attachment 5: Special Audit Requirements
❑ Attachment 6: Program -Specific Requirements
❑ Attachment 7: Grant Award Terms (Federal) *Copy available at httosJ/facts.tldfs.com, in accordance with §215.985, F.S.
❑ Attachment 8: Federal Regulations and Terms (Federal)
❑ Additional Attachments (if necessary):
❑ Exhibit A: Progress Report Form
❑ Exhibit B: Property Reporting Form
0 Exhibit C: Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements for Grants
❑ Exhibit E: Advance Payment Terms and Interest Earned Memo
❑ Additional Exhibits (if necessary):
DEP Agreement No. 19CO3 Rev. 6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Numbers (FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? ❑ Yes ❑N/A
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below, whichever is later.
Collier County GRANTEE
Grantee Name
0
(Authorized Signature)
Print Name and Title of Person Signing
Date Signed
State of Florida Department of Environmental Protection DEPARTMENT
Secretary or Designee
Print Name and Title of Person Signing
V Additional signatures attached on separate page.
ATTEST
CRYSTAL K. KINZEL, CLERK
BY
Approved as to form and legality
Assistant bounty Attorney
Date Signed
DEP Agreement No. 19CO3
Rev, 6/20/18
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be 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. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match
requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount
of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that
exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A
change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement
period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment
3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or
(3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement
may be amended to provide for additional services if additional funding is made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
Attachment 1
1 of 11
Rev. 1/4/19
5. Performance Measures.
The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe
upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,
subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided
by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect
at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements.
Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose
Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies
in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days
of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been
accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department
approval of a CAP as specified above may result in Department's termination of this Agreement for
cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, 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 Department or steps taken by Grantee shall preclude 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
Department as requested by Department's Grant Manager.
iii. 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 Department may result in termination of the
Agreement.
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8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, 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: ANmw.myfloridaefo.com/aadir/reference guide/.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and
post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
Nvww.mvfloridacfo.com/Division/AA/Vendors/default.htm.
j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from 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 eligible multipliers used (i.e., fringe benefits, overhead, indirect,
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and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate, Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and
Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. 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.
L For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to 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 (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
ii, If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing
$1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
State ments/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds,
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty (30) days.
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11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the
timeframe stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
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has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination. Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (I) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
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17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a, and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: 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, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
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other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list;
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
ill. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. 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.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. 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.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole
option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
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Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S.
26. Record Keeping.
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 that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
gip•//dos myflorida.com/iibrary-archives/records-mana a€general-records-schedules/).
27. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub -grantees and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. 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.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, 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, 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. corn\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs
and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department
Attachment 1
9ofII
Rev. 1/4/19
may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request.
e. No Commingling of Funds. 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, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by 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 Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. 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.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. 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. 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.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
Attachment 1
10 of 11
Rev. 1/4/19
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
32. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third -
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
34. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
35. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
37. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
11 of 11
Rev. 1/4/19
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. 19CO3
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the South Marco Island Beach - Hurricane Irma Recovery Project.. The
Project is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement begins on September 1, 2017 and ends at
the expiration of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
®
❑
Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
®
❑
a. Fringe Benefits, N/A.
❑
❑
b. Indirect Costs, N/A.
®
❑
Contractual (Subcontractors)
❑
❑
Travel
❑
❑
Equipment
❑
❑
Rental/Lease of Equipment
❑
❑
Miscellaneous/Other Expenses
❑
❑
Land Acquisition
5. Travel.
Additional compensation for travel is not authorized under this Agreement.
6. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
7. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
8. Match Requirements
See Attachment 3, Grant Work Plan.
Attachment 2
1 of 2
Rev. 5/3/2018
9. Insurance Requirements
Required Coverne. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable
$200,000/300,000 Hired and Non -owned Automobile Liability Coverage
c. Workers' Compensation and Employer's Liability Coverage.
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer's
liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement.
d. Other Insurance. None.
10. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
11. Retainage.
Retainage is permitted under this agreement. Retainage may be up to a maximum of 10% of the total amount of the
Agreement.
12. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Grant Manager
except for certain fixed-price subcontracts pursuant to 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.
13. State-owned Land.
Special Terms for Projects on State -Owned Land. The Board of Trustees of the Internal Improvement Trust Fund
must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a
non-governmental entity, indemnified by the Grantee.
14. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
15. Additional Terms.
,i'7f?r tr`�tw.t 7Ti lr rCt ,FAY'.,.
Attachment 2
2 of 2
Rev. 5/3/2018
ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: South Marco Island Beach - Hurricane Irma Recovery Project
PROJECT LOCATION: The Project is located between Department of Environmental Protection
(Department/DEP) reference monuments R143 and G4 along the Gulf of Mexico in Collier County, Florida,
as specified in the Strategic Beach Management Plan and Section 6213-36.005, Florida Administrative Code
(F.A.C.).
PROJECT BACKGROUND: Hurricane Irma made landfall on September 10, 2017 causing beach and
dune erosion along South Marco Island Beach Nourishment in Collier County. The 2018 Florida Legislature
provided funds to assist counties with beach and dune restoration projects. The Department developed the
2018 Hurricane Irma Supplemental Funding Plan for Florida's beach and dune system to distribute these
funds. Construction of a storm recovery project is anticipated in FY2019-20 to repair storm damages.
PROJECT DESCRIPTION: The Project consists of design and construction of the South Marco Island
Beach - Hurricane Irma Recovery Project.
PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project
cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the
sum of $244,943 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the
specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an
estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that
eligibility for cost sharing purposes will be maintained pursuant to 6213-36, Florida Administrative Code
(F.A.C.).
The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel
limits established in Section 112.061, Florida Statute (F. S.).
Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible
governmental entities for beach erosion control and inlet management activities under the Florida Beach
Management Funding Assistance Program.
Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor,
has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated
with the beach erosion control project as described herein.
The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement,
all applicable Department permits and the eligible Project task items established below. All data collection
and processing, and the resulting product deliverables, shall comply with the standards and technical
specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects
(2014) and all associated state and federal permits, unless otherwise specified in the approved scope of
work for an eligible Project item. The monitoring standards may be found at:
httos://floridadeo.Rov/sites/default/files/PhvsicalMon..itoringStandards.pdf
DEP Agreement No. 19CO3, Attachment 3, Page 1 of 4
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
Acronyms:
DEP — Florida Department of Environmental Protection
F.S. - Florida Statutes
F.A.C. — Florida Administrative Code
TASKS and DELIVERABLES:
The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized
by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be
completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work
and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager
to be included into this work plan for reimbursement.
Task 1: Design
Task Description: The Local Sponsor will acquire professional services for the engineering and design of
the Project such as coastal engineering analyses, preparation of plans and specifications, physical and
environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet
studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental
permits and other Project -related authorizations. The Local Sponsor will submit work products to the
appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be
eligible for reimbursement under this task.
Deliverable: Certification of Completion including documentation of submittal affirming that the final
design document was completed and submitted to the Department. For interim payment requests, a Task
Summary Report signed by the Local Sponsor must be submitted detailing work progress during the
payment request period. The Task Summary Report must include the dates and descriptions of all activities,
surveys and reports completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Task 2: Construction
Task Description: This task includes work performed and costs incurred associated with the placement of
fill material and/or the construction of erosion control structures within the Project area. Project costs
associated with eligible beach and inlet construction activities include work approved through construction
bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, physical and environmental
surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization
measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and
all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal
regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement
under this task.
DEP Agreement No. 19CO3, Attachment 3, Page 2 of 4
Deliverable: Certification of Completion by a Florida -registered Professional Engineer with
documentation of submittal to the Department affirming the construction task was completed in accordance
with construction contract documents. For interim payment requests, a Task Summary Report must be
submitted detailing activities completed during the payment request period. The Task Summary Report
must include the dates and descriptions of all activities, surveys and reports completed or in progress during
the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Estimated Eligible Project Cost
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
Task Budget Task Start Deliverable
No. ask Title Budget Category Amount Date Due Date
1 Design Contractual Services $34,199.00 9/1/17 06/30/21
2 Construction Contractual Services $210,744.00 11/01/19 06/30/21
Total: $244,943.00
SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not
exceed those indicated below.
DEP Agreement No. 19CO3, Attachment 3, Page 3 of 4
State
Federal
Task #
Eligible
Cost
Estimated DEP
Local Total
Project Tasks
Share
Project
(%)
Costs
1
Design
50.00%
$34,199.00
$34,199.00 $68,398.00
2
Construction
50.00%
$210,744.00
$210,744.00 $421,488.00
TOTAL
$244,943.00
$244,943.00 $489,886.00
PROJECT
COSTS
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
Task Budget Task Start Deliverable
No. ask Title Budget Category Amount Date Due Date
1 Design Contractual Services $34,199.00 9/1/17 06/30/21
2 Construction Contractual Services $210,744.00 11/01/19 06/30/21
Total: $244,943.00
SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not
exceed those indicated below.
DEP Agreement No. 19CO3, Attachment 3, Page 3 of 4
DEP Agreement No. 19CO3, Attachment 3, Page 4 of 4
Senior Environmental Specialist
$29.10
17.75%
Environmental Specialist
$22.50
17.75%
Project Manager
$39.00
17.95%
Senior Field Inspector
$32.65
17.95%
2
Senior Environmental Specialist
$29.10
17.75%
Environmental Specialist
$22.50
17.75%
DEP Agreement No. 19CO3, Attachment 3, Page 4 of 4
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119. 10, F.S.
d. Ensure that 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 contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public. services(a�floridadep. og_v
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Agreement No. 19CO3, Attachment 4, Page 1 of 1
Rev. 4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
Attachment 5
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 agreement) to the recipient (which may be
referred to as the 'Recipient", "Grantee" or other name in the 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).
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.
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).
DEP Agreement No. 19CO3, Attachment 5, Page 1 of 5
Rev. 4/27/2018
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at www.cfda.gov
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.
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 I 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.
In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
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://Upss.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfml State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at
htti)://www,mvflorida.com/audaen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
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. 19CO3, Attachment 5, Page 2 of 5
Rei. 4/27/2018
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:
FDEPSin leAudit ,dep.state.fl.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 htro://harvester.census.eov/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:
FDEPS ingleAudit&dep.state. fl.us
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
DEP Agreement No. 19CO3, Attachment 5, Page 3 of 5
Rev. 4/27/2018
Electronically:
FDEPSin leeAudit a,dep.state.fl.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:
FDEPSinRleAudit@dep.state.fl.us
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 five (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 three (3) years from the date the audit report
is issued, unless extended in writing by the Department of Environmental Protection.
DEP Agreement No. 19CO3, Attachment 5, Page 4 of 5
Rec. 4/27/2018
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EXHIBIT D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project: South Marco Island Beach - Hurricane Irma Recovery Project
Local Sponsor: Collier County
DEP Agreement Number: 19CO3
Remittance Address:
Billing Number:
Billing Type: ❑ Interim Billing
Costs Incurred This Payment Request
Federal Share* State Share
$ $
*if applicable
Cost Summary:
State Funds Obligated
Less Advance Pay
Less Previous Payment
Less Previous Retained
Less This Payment
a,
Less This Retainage (5%)
State Funds Remaining
❑ Final Billing
DEP Agreement No. 19CO3, Exhibit C, Page 1 of 5
Local Share
Total
Local Funds Obligated
Less Advance Pay
Less Previous Credits
Less This Credit
Local Funds Remaining
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART III
PROJECT PROGRESS REPORT
Name of Project: South Marco Island Beach - Hurricane Irma Recovery Project
Local Sponsor: Collier County
DEP Agreement Number: 19CO3
Billing Number:
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding
percent of task completed to date. Describe any implementation problems encountered, if applicable.). 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:
DEP Agreement No. 19CO3, Exhibit C, Page 3 of 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTIFICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT — PART IV
Name of Project: South Marco Island Beach - Hurricane Irma Recovery Project
Local Sponsor: Collier County
DEP Agreement Number: 19CO3
Billing Number:
Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local
Sponsor; that payment from the State Government has not been received; that the work and/or services are
in accordance with the Department of Environmental Protection, Beach Management Funding Assistance
Program's approved Project Agreement including any amendments thereto; and that progress of the work
and/or services are satisfactory and are consistent with the amount billed. The disbursement amount
requested on Page 1 of this form is for allowable costs for the Project described in the grant work plan.
I certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers,
copies of checks, and other purchasing documentation are maintained as required to support the cost
reported above and are available for audit upon request.
Name of Project Administrator
Name of Project Financial Officer
Signature of Project Administrator
Signature of Project Financial Officer
DEP Agreement No. 19CO3, Exhibit C, Page 4 of 5
Date
Date
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CONTRACT COMPLETION CERTIFICATION
PART V
Name of Project: South Marco Island Beach - Hurricane Irma Recovery Proiect
Local Sponsor: Collier County
DEP Agreement Number: 19CO3
Task Completion ❑(List Task}
Contract Completion ❑
*I hereby certify that the above-mentioned Project task has been completed in accordance with the Project
Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds
expended for the Project were expended pursuant to this Agreement. All unused funds and interest accrued
on any unused portion of advanced funds which have not been remitted to the Department, have been
returned to the Department, or will be returned to the Department within sixty (60) days of the completion of
construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers
through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed.
Name of Project Manager Signature of Project Manager Date
DEP Agreement No. 19CO3, Exhibit C, Page 5 of 5
DEPARTMENT OF THE ARMY
US ARMY CORPS OF ENGINEERS
NORFOLK DISTRICT
FORT NORFOLK
803 FRONT STREET
NORFOLK VA 23510-1011
CENAO-WRP 8 May 2019
MEMORANDUM FOR RECORD
SUBJECT: Collier County Coastal Storm Risk Management – In-progress Review #1
1. An In-progress Review (IPR) was held for the subject study via teleconference and webinar,
on 7 May, 2019 at 10:00a.m. The list of attendees and a copy of the presentation slides are
provided as enclosures to this memorandum.
2. Opening Remarks: Susan Conner opened the meeting by welcoming participants and
giving a high level recap of work completed since the AMM. She also stated the main purpose
of the IPR, which was to review and gain vertical team concurrence on the plan formulation of
a focused array of alternatives.
3. Presentation: Ian Swisher presented the slides and described the study area as well as
problems, opportunities, objectives, and constraints; the geographic array of measures being
studied, natural and nature based features (NNBFs), and the focused array of alternatives. An
engineering update was also presented, covering sea level rise (SLR), updated 2018 water
levels, S-BEACH modeling work, and an analysis on sand sources near the study area.
Estimates of equivalent annual damages (EAD) from the GIS Tool and rough order of
magnitude costs were presented, which was followed by discussion on recreation benefits. An
environmental update was also provided, discussing Federally T&E Species and lines of effort
for environmental compliance.
4. Comments:
The following is a summary of comments and discussions which occurred throughout the IPR.
- Collier County commented they are pleased with the progress thus far and reiterated
their commitment and support to the study.
- In reference to the project constraints, it was clarified the programmatic biological
opinions (USFWS) actually allow for year-round use of beaches in southwest Florida,
indicating construction could occur at any time during the year. It is Collier County’s
preference to avoid sea turtle nesting season.
- It was recommended the PDT combine beach dune and vegetative dune planting
measures, since we would not recommend construction of a dune without plantings.
- Regarding sand sources, the question was posed, what level of risk may we accept
during the study and still conclude with a final report? NAO prefaced this question by
saying we expect a sand deficit based on the available borrow area information; the
CENAO-WRP
SUBJECT: Collier County Coastal Storm Risk Management – In-progress Review #1
2
County disagreed and is confident there is plenty of sand in a combination of offshore
borrow areas which they have either developed or investigated in the past. In lieu of
conducting additional borings or geotechnical exploration to identify new sand sources,
it was recommended by the vertical team for the County to draft a letter and document
their historical knowledge about sand sources in the region. This compilation of
historical data will serve to advise the PDT’s risk-informed decision about sand volumes
available for the duration of the period of economic analysis.
- The extended timeline for receiving recreation benefit estimates using surveys and the
Contingent Valuation Method was discussed. The group agreed using Unit Day Values
as a proxy until the survey data is available was an acceptable course of action.
Recreational survey data is currently expected o/a March 2020.
- The PDT presented the NNBF measures and proposed locations; the question was
asked if we have research which supports the use of mangroves to reduce storm
surge? We do have a repository of literature, including reports and a few models which
support this concept. Their validity and application within our study area has yet to be
determined. The PDT should discuss this concept with New Orleans District as they
recently studied surge affects behind a forested area- in this application only wave
characteristics were affected, not surge height. It was also stated that recreation
benefits attributed to NNBFs could account for up to 50% of the economic benefits
needed to justify them.
- Hank Gruber stated the intent of the IPR has been met. Expectation is for meeting
notes to be disseminated within one week.
- It was suggested to pare down the focused array of alternatives for evaluation efforts
IAW NEPA requirements, as well as to present fewer, comprehensive alternatives. The
focused array presented during the meeting is shown below.
CENAO-WRP
SUBJECT: Collier County Coastal Storm Risk Management – In-progress Review #1
3
Table 1. Focused Array of Alternatives
Alternative Components
A0 No Action N/A
A1 (beach only) Economically Justified Measures from Beach Analysis
A2 A1 + Surge Barrier in Wiggins Pass and Floodwall with Flood Gate at Bonita Beach Road
A3 A1 + Nonstructural in Wiggins Pass Estuarine Area, Cocohatchee River, and Vanderbilt Lagoon
A4 A1 + Surge Barrier in Doctors Pass and Floodwall with Flood Gate at Seagate Drive
A5 A1 + Nonstructural in Venetian Bay
A6 A1 + Flood Gates on the Gordon River at Tamiami Trail (US Route 41)
A7 A1 + Nonstructural in Upper Gordon River and Rock Creek
A8 A4 + Nonstructural in Outer Clam Bay
A9 A5 + Nonstructural in Outer Clam Bay
A10 A6 + Nonstructural in Naples Bay
A11 A7 + Nonstructural in Naples Bay
A12 (beach + nonstructural) A1 + Critical infrastructure, elevation, flood proofing, buyouts (Non-S. areas from A3, A5, A7, A9, A11, and
communities of Marco Island, Isles of Capri, and Goodland)
A13 Combination of Justified Alternatives A2-A12
It was determined alternatives A2 through A11 were essentially representing reaches of larger, comprehensive alternatives
which span the length of the study area. It is not the intent of the PDT to recommend coastal storm risk reduction measures in
only select inland bay areas, rather comprehensive alternatives to reduce risk in all coastal communities of Collier County. As
such, and in accordance with the spirit of coastal storm risk management feasibility studies, the focused array was revised as
shown in Table 2.
Table 2. Revised Focused Array of Alternatives
Alternative Components
A0 No Action N/A
A1 (beach only) Economically Justified Measures from Beach Analysis (North County and Marco Island)
A2 (beach + nonstructural) A1 + Nonstructural + Critical Infrastructure (North County and Marco Island)
A3 (beach + structural) A1 + Structural (North County)
A4 (combo) Combination of justified structural and nonstructural measures from alternatives A1-A3
CENAO-WRP
SUBJECT: Collier County Coastal Storm Risk Management – In-progress Review #1
4
5. Due-Outs:
a. Revise focused array of alternatives- complete.
b. Coordinate sand source letter with NFS- ongoing.
c. Conduct follow-up with vertical team to discuss justification of NNBFs- pending.
6. Questions or concerns regarding this memorandum may be directed to Ian Swisher at
ian.t.swisher@usace.army.mil, or 757-201-7320.
Encls. SUSAN CONNER
Chief, Planning and Policy Branch
Enclosure 1 – Meeting Attendees
NAD
Jason Allmon
Valerie Cappola
Naomi Fraenkel
Donald Cresitello
Hank Gruber
Young Kim
Suzanne Kimble
Doug Stamper
Ralph Lamoglia
Roselle Stern
HQ Jeff Strahan
Karen Umbrell
NFS
Gary McAlpin
Tom Pierro (APTIM)
Lauren Floyd (APTIM)
Stephen Keehn (APTIM)
SAJ Martin Durkin
NAO
Susan Conner
Dan Hughes
Ian Swisher
Laura Frank
Kaylyn Duda
Ashton Burgin
Kyle McElroy
Alicia Logalbo
Dave Schulte
Richard Harr
Faraz Ahmed
Rachel Haug
Nora Batten
217
217
217
200
200
200
255
255
255
0
0
0
163
163
163
131
132
122
239
65
53
110
135
120
112
92
56
62
102
130
102
56
48
130
120
111
237
237
237
80
119
27
252
174
.59
“The views, opinions and findings contained in this report are those of the
authors(s) and should not be construed as an official Department of the Army
position, policy or decision, unless so designated by other official documentation.”
Norfolk District
Date: 7 May 2019
COLLIER COUNTY COASTAL STORM RISK
MANAGEMENT FEASIBILITY STUDY
In-Progress Review #1
Ian Swisher -Plan Formulator
POC: Ian Swisher
AGENDA
10:00-10:05 Opening Remarks
10:05-10:15 Attendee Introductions
10:15-11:30 Presentation
–Overview: Authority, Problems/
Opportunities, Objectives/Constraints
–Plan Formulation Focused Array
–Engineering Update
–Economic GIS Tool Analysis
–Environmental Update
–Residual Risk
–Path to TSP
–Schedule
11:30-12:00
–Discussion
North County
Marco Island
2 POC: Ian Swisher
STUDY AREA AND AUTHORIZATIONS
North County Marco Island
Existing Authorization for Collier County CSRM
Section 4033 of
Water Resources
Development Act of
2007 (P.L. 110-114)
Whereby the Secretary shall
conduct a study to
determine the feasibility of
carrying out a project for
hurricane and storm
damage reduction and flood
damage reduction in the
vicinity of Vanderbilt, Park
Shore, and Naples beaches,
Collier County, Florida.
Water Resources
Development Act of
1986
Specifies the cost-sharing
requirements generally
applicable to feasibility
studies.
Bipartisan Budget
Act of 2018
Public Law 115-123
Title IV, Division B
Authorizes the government
to conduct the Study at full
Federal expense to the
extent that appropriations
provided under the
Investigations heading of the
BBA 2018 are available and
used for such purpose.
3 POC: Ian Swisher
PROBLEMS
•Risk of coastal storms and their damage mechanisms like beach erosion, wave action, and storm surge threaten damage to and loss of residential and commercial structures, critical infrastructure, environmental resources, and economic livelihood.
OPPORTUNITIES
•Reduce economic loss due to coastal flood damage.
•Restore natural coastline with environmental features that support coastal resiliency.
•Increase public facilities and access to recreation.
•Increase community understanding through communication about coastal resilience and protective measures.
•Improve environmental conditions by incorporating natural and nature based features into potential alternatives.
OBJECTIVES
•Reduce risk and damage, economic loss, and environmental impacts due to wave attack and inundation due to storm surge in Collier County over a 50-year period of analysis.
•Reduce risk to life, health, and safety during coastal storms.
CONSTRAINTS
•Avoid or mitigate impacts to environmental hard bottom resources.
•Avoid or minimize impacts to habitat for listed species.
•Avoid time of year restrictions for threatened and endangered (T&E) species.
•Avoid impacts to County or State environmental preserves.
4 POC: Ian Swisher
10
25
1
2
1
Management Measures 3
2
3
Beach Berm and Dune
Floodwall w/ Gate
Storm Surge Barrier
4 Mangrove Restoration
5 Non-S. (Buyouts/Elevations)
4
5
2
3
2
3 4
6 Breakwaters
7 Groins
8 Seawall
8
9 Vegetative Dune Plantings
9
1 9
76
Oyster Restoration
76
3
10
Non-S. (Flood Proofing)
54
CAXAMBAS PASS
BIG MARCO PASS
10
GEOGRAPHIC ARRAY OF MEASURES
5 POC: Ian Swisher
•Beaches are a required component of the comprehensive system and risk cannot be
reduced along the inland bays if the berm/dune are not included
•Phased analysis in that we need to know the beach profile and associated level of
risk reduction before fully knowing how large to scale the inland bay alternatives
•Inland bay areas were determined by identifying reaches where we could
hydrologically isolate inland structures from the effects of storm surge
•First we will determine the beach profile which reasonably maximizes NED benefits,
and that height will then inform the inland elevation for evaluation
FORMULATION STRATEGY
6 POC: Ian Swisher
FOCUSED ARRAY OF ALTERNATIVES
Alternative Components
A0 No Action N/A
A1 (beach only)Economically Justified Measures from Beach Analysis
A2 A1 + Surge Barrier in Wiggins Pass and Floodwall with Flood Gate at Bonita Beach Road
A3 A1 + Nonstructural in Wiggins Pass Estuarine Area, Cocohatchee River, and Vanderbilt Lagoon
A4 A1 + Surge Barrier in Doctors Pass and Floodwall with Flood Gate at Seagate Drive
A5 A1 + Nonstructural in Venetian Bay
A6 A1 + Flood Gates on the Gordon River at Tamiami Trail (US Route 41)
A7 A1 + Nonstructural in Upper Gordon River and Rock Creek
A8 A4 + Nonstructural in Outer Clam Bay
A9 A5 + Nonstructural in Outer Clam Bay
A10 A6 + Nonstructural in Naples Bay
A11 A7 + Nonstructural in Naples Bay
A12 (beach +nonstructural)A1 + Critical infrastructure, elevation, flood proofing, buyouts (Non-S. areas from A3, A5, A7, A9, A11,
and communities of Marco Island, Isles of Capri, and Goodland)
A13 Combination of Justified Alternatives A2-A12
The measures comprising the alternatives justified along coastal beaches will be considered in the future without project
conditions when modeling measures along inland bay areas
Natural and Nature Based Features will be incorporated into project alternatives where applicable
7 POC: Ian Swisher
COUNTY OVERVIEW OF POTENTIAL MEASURES
8 POC: Ian Swisher
ALTERNATIVE 1-BEACH ONLY
Naples
Marco Island
9 POC: Ian Swisher
10 POC: Ian Swisher
A2 -BEACH + WIGGINS PASS
STRUCTURAL
A3 -BEACH + WIGGINS PASS
ESTUARINE NONSTRUCTURAL
Estuarine Area
Cocohatchee
River
Vanderbilt
Lagoon
Wiggins Pass
11 POC: Ian Swisher
A4 -BEACH + DOCTORS PASS
STRUCTURAL
A5 -BEACH + VENETIAN BAY
NONSTRUCTURAL
Venetian Bay
Seagate Drive
Doctors Pass
12 POC: Ian Swisher
A6 -BEACH + GORDON RIVER
STRUCTURAL
A7 -BEACH + UPPER GORDON RIVER/
ROCK CREEK NONSTRUCTURAL
Gordon
River
Naples
13 POC: Ian Swisher
ALTERNATIVE 8-A4 + OUTER CLAM
BAY NONSTRUCTURAL
ALTERNATIVE 9-A5 + OUTER CLAM
BAY NONSTRUCTURAL
Venetian
Bay
Outer Clam Bay
Clam Pass
14 POC: Ian Swisher
ALTERNATIVE 10-A6 + NAPLES BAY
NONSTRUCTURAL
ALTERNATIVE 11-A7 + NAPLES BAY
NONSTRUCTURAL
Gordon Pass
Naples
Natural
Area
Naples Bay
ALTERNATIVE 12-BEACH + NONSTRUCTURAL
15 POC: Ian Swisher
CRITICAL INFRASTRUCTURE
(COMPONENT OF ALT 12 NONSTRUCTURAL + BEACH)
C.I. in 100YR Floodplain
•88 facilities
•Naples-57
•Marco Island-17
•Isles of Capri-2
•Everglades City-9
•Ochopee-3
16 POC: Ian Swisher
ALTERNATIVE 13-COMBINATION
Alternative Components
A0 No Action N/A
A1 (beach only)Economically Justified Measures from Beach Analysis
A2 A1 + Surge Barrier in Wiggins Pass and Floodwall with Flood Gate at Bonita Beach Road
A3 A1 + Nonstructural in Wiggins Pass Estuarine Area, Cocohatchee River, and Vanderbilt Lagoon
A4 A1 + Surge Barrier in Doctors Pass and Floodwall with Flood Gate at Seagate Drive
A5 A1 + Nonstructural in Venetian Bay
A6 A1 + Flood Gates on the Gordon River at Tamiami Trail (US Route 41)
A7 A1 + Nonstructural in Upper Gordon River and Rock Creek
A8 A4 + Nonstructural in Outer Clam Bay
A9 A5 + Nonstructural in Outer Clam Bay
A10 A6 + Nonstructural in Naples Bay
A11 A7 + Nonstructural in Naples Bay
A12 (beach +nonstructural)A1 + Critical infrastructure, structure elevations, wet/dry flood proofing, buyouts (Non-S. areas from A3, A5, A7,
A9, A11, and Marco Island)
A13
Combination of Alternatives A2-A12
A2 or A3 +A4 or A5 or A8 or A9 +A6 or A7 or A10 or A11 +C.I. & Marco IslandA1+
17 POC: Ian Swisher
ESTIMATED SEA LEVEL CHANGE PROJECTIONS
Per the USACE sea level change
curve calculator NOAA gage
#8725520, at Naples, FL, is the
nearest compliant gage for
estimating relative sea level rise
(RSLR) trends for the project area
Date associated with FEMA Water
Level is 1992
The intermediate curve is believed
to represent a reasonable estimate
of RSLR
Year USACE Low USACE Int.USACE High
2010 0.17 0.02 0.29
2020 0.26 0.33 0.55
2030 0.36 0.48 0.89
2040 0.45 0.65 0.13
2050 0.54 0.84 1.79
2060 0.64 1.03 2.29
2070 0.73 1.27 2.99
2080 0.82 1.49 3.62
2090 0.92 1.77 4.48
2100 1.01 2.05 5.33
Potential 50 YR Economic Period
of Analysis
18 POC: Ian Swisher
POC: Ian Swisher
SEA LEVEL TRACKER, NAPLES, FL.
19
STILL WATER LEVELS
Project area water levels updated using FEMA SW Florida Storm Surge Study raw
statistical data processed by ERDC (FEMA IDIQ Contract HSFEHQ-09-D-0369, FEMA
Region IV HSFE04-13-J-0097)
1% Annual Chance of
Exceedance Water Level
Elevations (FT NAVD88)
Reaches Length [FT]Year 2018 Year 2030 Year 2079
1 Barefoot Beach R1 -R9 8090 10.74 10.90 11.91
2 Barefoot Beach Preserve R9 -R16 7095 10.41 10.57 11.58
3 Wiggins Pass State Park R16 -R22 5230 10.27 10.43 11.44
4 Vanderbilt Beach R22 -R29 7100 10.09 10.25 11.26
5 Pelican Bay R29 -R41 12145 10.27 10.43 11.44
6 Clam Pass State Park R41 -R46 4800 10.24 10.40 11.41
7 Park Shore R46 -R57 11590 9.96 10.12 11.13
8 Naples Beach R58 -R79 19340 8.89 9.05 10.06
9 Gordon Pass Reach R79 -R89 9890 8.56 8.72 9.73
North County Beaches R1 -R89 85280 9.81 9.97 11.22
10 Marco Island Beach R136 -R147 12200 9.31 9.47 10.48
11 Cape Marco R147 -R148 1750 9.17 9.33 10.34
Marco Island R136 -R148 13950 9.25 9.41 10.66
20 POC: Ian Swisher
STILL WATER LEVELS –1% ACE
Year 2018 Year 2030 Year 2079
21 POC: Ian Swisher
S-BEACH/BEACH-FX PROFILES
Beach reaches analyzed and
grouped by geometry then
average profiles created
Average profiles converted to
“Idealized” Profiles for S-
BEACH and Beach-fx
Range of iterative profiles
determined from existing and
future conditions
22 POC: Ian Swisher
SAND SOURCE CONSIDERATIONS
Source: 2018, APTIM, 2017 Southwest Florida Borrow Area Update
Offshore Borrow Area Review
EXISTING BEACH HAS MEAN GRAIN
SIZE OF 0.33 MM
Collier County Sediment Volume Balance
Sediment deficit in offshore for 50 YR need
Offshore Borrow Area Source
Date
Available
Volume
[CY]
Mean Grain
Size (mm)
Verified/Used in Past
2017 153,000
2017/2018 164,200
Toms Hill I (T1)
Leased Area 2011 3,570,000 0.32
Wiggins Pass 2017/2018 40,700 0.36 - 0.52
Doctor Pass 2017/2018 38,000 0.18
Potential
Borrow Area N5 2017/2018 2,681,300 0.19
0.21-0.25
0.14
Unverified/Lack Sufficient Data
T1 (Expanded)2017/2018 46,600,000 0.25-0.35
T2 2017/2018 40,758,000 0.25-0.35
Caxambas Pass
100,000 -
120,000
0.35
Big Marco Pass/Capri
Pass
2011 2,000,000 < 0.24
2017/2018
900,000 0.24Cape Romano (primary)
Cape Romano
(secondary)
"Difficult to dredge"
NAPLES
MARCO ISLAND
BA T1 AND
POSSIBLE
EXPANSION
AREA (RED)
23 POC: Ian Swisher
POC: Ian Swisher
GIS TOOL AND STRUCTURE INVENTORY
Geospatial assessment of structural inundation damages using Python Code (developed by NAE), FEMA
2012 water levels, and NACCS depth-damage curves
Structure inventory updated and FFE assumptions refined, beach areas applied elevation certificates and
DRV per sq. ft. (avg. construction materials and avg. effective age of 30 years)
Inland damages likely overestimated due to assessed value and less reliable assumptions on FFE
Underestimated Damages–GIS Tool does not include wave or erosion damage, and outdated water
levels were used for this analysis (FEMA 2012)
Structure Inventory and GIS Tool Damage Estimates
Estimated No. of Structures
Total Estimated Equivalent Average
Annual Damages up to the 100 year
storm event
Coastal Beach 674 Total (624 North Beach, 50 Marco
Island)$2,455,000
Inland Bay Areas 8411 Total (6272 North Beach, 2139
Marco Island)$512,362,000
Total 9085 Total (6896 North Beach, 2189
Marco Island)$514,817,000
24
PARAMETRIC COSTS COMPARED TO DAMAGES
Damages are for
inundation only
Parametric costs
based on NACCS,
Norfolk CSRM,
existing Naples
design volumes
Beach assumes
renourishment
every 10 years
over project life
Inland costs do not
include OMRR&R
Alternative Costs and Potential Benefits
Alternative Components Length
(ft.)
Construction
Cost
Average
Annual Cost of
Added
Component
Total Average
Annual Cost
of Alternative
EAD up to 100
Year Storm
Event for Added
Component
Total Estimated
EAD* for
Alternative up to
the 100 year
storm event
A1 (low)Berm renourishment,current width 99,230 $165,146,000 $3,756,000 $3,756,000 TBD TBD
A1 (high)50 ft wider berm plus 100YR Dune 99,230 $301,743,000 $6,999,000 $6,999,000 2,455,000 2,455,000
A2 A1 + Surge Barrier in Wiggins Pass and Floodwall
with Flood Gate at Bonita Beach Road 7,300 $47,886,000 $1,817,000 $8,816,000 21,811,000 24,266,000
A3 A1 + Nonstructural in Wiggins Pass Estuarine Area,
Cocohatchee River, and Vanderbilt Lagoon N/A TBD TBD TBD 21,811,000 24,266,000
A4 A1 + Surge Barrier in Doctors Pass and Floodwall
with Flood Gate at Seagate Drive 300 $38,605,000 $1,465,000 $8,464,000 37,741,000 40,196,000
A5 A1 + Nonstructural in Venetian Bay N/A TBD TBD TBD 37,741,000 40,196,000
A6 A1 + Flood Gates on the Gordon River at Tamiami
Trail (US Route 41)6,750 $36,761,000 $1,395,000 $8,394,000 112,531,000 114,986,000
A7 A1 + Nonstructural in Upper Gordon River and Rock
Creek N/A TBD TBD TBD 112,531,000 114,986,000
A8 A4 + Nonstructural in Outer Clam Bay N/A TBD TBD TBD 2,367,000 42,563,000
A9 A5 + Nonstructural in Outer Clam Bay N/A TBD TBD TBD 2,367,000 42,563,000
A10 A6 + Nonstructural in Naples Bay N/A TBD TBD TBD 275,104,000 390,090,000
A11 A7 + Nonstructural in Naples Bay N/A TBD TBD TBD 275,104,000 390,090,000
A12 A1 + Critical Infrastructure + Nonstructural N/A TBD TBD TBD TBD 490,658,000
A13 Combination of justified Alternatives A2-A12 N/A TBD TBD TBD TBD 514,817,000
*EAD = Equivalent Annual Damages
25 POC: Ian Swisher
RECREATION BENEFITS
•Shared contract (5 Supplemental studies) for Economic
Recreational Benefit Analysis using the Contingent
Valuation/Travel Cost method required for annual
visitation over 750,000 (Collier County has over 1.7
million annual visitors)
•Information Collection Request package was submitted
April 24, 2019 allowing 60 days for comment
•Unit Day Value will be used through ADM milestone due
to length of process for survey approval and high season
survey timing requirements
26 POC: Ian Swisher
27 POC: Ian Swisher
NATURAL AND NATURE BASED FEATURES
Vegetative Dune Plantings
•Part of beach design
where dunes are
included
•Integrated into each
alternative
•Used for wave
attenuation and as
barrier for storm surge
Mangrove Restoration
•Considered across study
area along Inland Bays
•Integrated into Alternatives
4-12
•Used to dissipate waves
and reduce storm surge
Oyster Reef
•Being considered along
Railroad Islet
•Integrated into
Alternative 12
•Used to dissipate short
waves and reduce
erosion
Naples Airport
Marco IslandOuter Clam
Bay
Seagate Drive
Birds
Piping plover (critical habitat)
Red knot
Wood stork
Fish
Giant manta ray
Gulf sturgeon
Oceanic whitetip shark
Shortnose sturgeon
Smalltooth sawfish (critical habitat)
Mammals
Fin whale
Sei whale
Sperm whale
West Indian manatee (critical habitat)
Plants
Florida prairie-clover
Garber’s spurge
Reptiles
American crocodile
Eastern indigo snake
Green sea turtle
Hawksbill sea turtle
Kemp’s Ridley sea turtle
Leatherback sea turtle
Loggerhead sea turtle (critical habitat)
FEDERALLY THREATENED AND ENDANGERED SPECIES
Wood Stork
Eastern Indigo Snake
Green Sea Turtle28POC: Ian Swisher
POC: Ian Swisher
ENVIRONMENTAL COMPLIANCE SUMMARY
Compliance Requirement Status
Endangered Species Act, Section 7
Consultation to USFWS/NMFS
Coordination ongoing; Biological
Assessments being prepared; anticipated
formal consultations
Magnuson-Stevens Fishery Conservation and
Management Act to NMFS
Coordination ongoing;Essential Fish
Habitat Assessment being prepared
National Historic Preservation Act Coordination ongoing;Programmatic
Agreement being prepared
Coastal Zone Management Act Federal Consistency Determination being
prepared
Fish and Wildlife Coordination Act Coordination ongoing
Clean Water Act, Section 404 Section 404(b) Evaluation being prepared
Coastal Barrier Resources Act Coordination ongoing; coordination
potentially required for one NNBF site29
30 POC: Ian Swisher
•Generally the elevation across Collier County is very low
Difficult to reduce risk from a major hurricane due to these low elevations
Some geographic areas are not suitable for structural measures and are only being
considered for nonstructural risk reduction solutions (E.g. Clam Pass Inland Bay Area)
•Sections of private beach or beaches where adequate public access cannot be established
will continue to be more vulnerable than areas where the beach profile has been reconstructed
•Areas within and directly adjacent to Coastal Barrier Resource Act (CBRA) zones will not
benefit from reduced risk of coastal storm damage
•State parks and County nature preserves will also remain vulnerable unless the County can
enter into an agreement with the State of Florida to cover additional construction costs
•G2CRM model areas will be planned to the same elevation as dunes (i.e. same level of risk
reduction)
All structures will be vulnerable if storm surge is greater than the design dune height
RESIDUAL RISK
PATH TO TSP
•Receive wave data from ERDC (critical)
•Fine tune the structure inventory
•G2CRM/Beach-fx modeling of FWOP conditions
•ATR of G2CRM/ Beach-fx FWOP runs
•Identification of structures for nonstructural measures
•Refine structural and NNBF measures
•Development of cost estimates for each alternative
•Comparison of FWOP damages to costs for alternatives
•G2CRM/ Beach-fx modeling of with project alternatives
•Refine costs and economic modeling to identify NED Plan
•IPR to discuss early NED Plan, Coordinate with NFS on NED plan,
identify LPP if requested
•Cultural and environmental resource surveys
•Recreational benefits analysis study
•Real estate depreciated valuation of structure inventory
31 POC: Ian Swisher
STUDY MILESTONE SCHEDULE
Signing of Feasibility Cost Share Agreement (CW130)
Alternatives Milestone (CW261)
IPR-Focused Array of Alternatives
IPR-Preliminary Economics
Tentatively Selected Plan Milestone (CW262)
Release of Draft Study for Concurrent Reviews (CW250)
Agency Decision Milestone (CW263)
Submit Final Report Package to Vertical Team (CW160)
Final Review Complete (CW170)
Signed Chief’s Report (CW270)
9 Oct 2018 (A)
11 Jan 2019 (A)
7 May 2019 (A)
Nov 2019 (S)
Jan 2020 (S)
Mar 2020 (S)
Jun 2020 (S)
Oct 2020 (S)
Aug 2021 (S)
Sept 2021 (S)
32 POC: Ian Swisher
BACK-UP SLIDES
S-BEACH/BEACH-FX PROFILES
Beach reaches analyzed and
grouped by geometry then
average profiles created
Average profiles converted to
“Idealized” Profiles for S-
BEACH and Beach-fx
Range of iterative profiles
determined from existing and
future conditions
1 2 3 4 5 6 7a 7b 8&9
Upland Elevation (FT-NAVD)4.7 6.5 3.5 4.7 3.7 4.3 4.5 4.7 5
Dune Height (FT-NAVD)7.6 8 7.2 8 6.3 7 11.7 6.5 6.7
Dune Width (ft)10 70 78 70 60 15 12 82 63
Dune Slope 1V:5H 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2
Berm Height (FT-NAVD)3.50 3.50 3.50 3.50 3.50 3.50 4.55 3.50 3.50
Berm Width (FT)10 27 13 25 17 20 70 18 18
Foreshore Slope 0.13 0.06 0.11 0.10 0.09 0.08 0.08 0.09 0.08
Upland Elevation 4.7 6.5 3.5 4.7 3.7 4.3 4.5 4.7 5
Dune Height Minimum (FT)7 8 7 8 6 7 11 6 6
Dune Height Maximum (FT)12 12 12 12 12 12 12 11 10
Dune Slope 1V:5H 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2
Dune Width Minimum (FT)5 20 20 20 20 10 5 20 20
Dune Width Maximum (FT)30 70 80 70 60 30 30 80 65
Berm Height (FT-NAVD)3.50 3.50 3.50 3.50 3.50 3.50 4.55 3.50 3.50
Berm Width Minimum (FT)0 0 0 0 0 0 0 0 0
Berm Width Maximum (FT)150 150 150 150 150 140 140 140 150
Foreshore Slope Varies 0.13 0.06 0.11 0.10 0.09 0.08 0.08 0.09 0.08
Summary of North County Beaches Idealized Profiles
Summary of North County Beaches Iterative Profiles
S-BEACH/BEACH-FX STORMS DATABASE &
EROSION
357 synthetic storms to be grouped into
representative storm events for storm
suite
Storm season probability derived from
historical data
Season ID Start Date End Date
Number Probability Number Probability
Extratrop/Winter Dec-1 Apr-30 0 0.00 37 2.18
Tropical Early May-1 Jul-31 8 0.07 0 0.00
Tropical Peak Aug-1 Sep-30 15 0.13 7 0.41
Extratrop/Tropical Oct-1 Nov-30 13 0.11 5 0.29
Tropical ExtraTropical
Erosion rates to be used to calibrate
Beach-FX derived from erosion
volumes provided by County from 1996
–2017
Volumes exclude fill placement volumes
(CY/YR)(FT/YR)
-8,538 -9.2
-6,250 -3.5
-1,440 -1.0
-17,649 -6.5
-21,257 -5.5
-1,085 -1.1
Total R-1 to GP -50245 -3.8
Park Shore & Clam Pass
Naples
Gordon's Pass
Long Term Erosion RatesReach
Wiggins Pass
Vanderbilt
Pelican Bay
FUTURE WITHOUT PROJECT CONDITION
Quantitative Verification of the FWOP done by:
Beach-fx evaluates beach erosion, physical storm impacts, and
damages that occur from a storm passing a shore
Calibrating the existing condition in G2CRM
Projecting potential suite of storms, sea level rise scenarios, wave characteristics,
and inundation depths
Running the forecast through G2CRM to estimate anticipated damages to structures,
contents, and vehicles
Population projections in Collier County show continued growth along the
coastal areas
Storm intensity due to higher sea levels, and nuisance/sunny day flooding will
increase damages in the study area throughout the period of analysis
Sea level is expected to rise over 1 foot within the next 50 years (USACE
Intermediate Curve)
Projects that will be implemented by the non-Federal sponsor include:
Maintenance and renourishment of 7.5 miles of shoreline along North County
Inland Bay areas will remain vulnerable
FUTURE WITHOUT PROJECT CONDITION
STRUCTURAL MEASURES CONSIDERED
Structural Measure
Measure Carried
Forward (Y/N)Discussion
Enhance Dune Geometries
(height/width)Y A primary method for combating storm surge; least
environmental impacts expected.
Enhance Berm Geometries
(height/width)Y A primary method for creating standoff and wave
attenuation; least environmental impacts expected.
Seawall behind beach Y A primary method for protecting against storm surge;
assured critical mass that won’t erode.
Storm Surge Barriers Y A primary method of preventing inland bay interior flooding.
Pump Stations N
Not a stand-alone measure. May be required in seawall
design; already part of required engineering analysis of
upland flooding. May be included as part of storm surge
barrier design.
Breakwaters/Wave Attenuation
Devices (WADs)Y A primary method for wave attenuation; already used
successfully within the project area.
Groins Y A primary method for combating shoreline erosion and sand
loss; already used successfully within the project area.
Artificial Reefs N May be part of environmental mitigation plan; provides no
benefits that contribute to planning objectives.
Floodwalls Y A primary method for preventing inland bay flooding and
protecting against storm surge.
Rip Rap/ Stone Revetment N Not applicable to problems within the project area; erosion
not causing steep slopes, escarpments, or cliffs.
Rubble Reef N Designed for use offshore; intended for habitat restoration.
Ring Levee N Not appropriate for protecting segmented reaches of
shoreline; cost prohibitive.
NONSTRUCTURAL MEASURES CONSIDERED
Nonstructural Measure
Measure Carried
Forward (Y/N)Discussion
Elevate Structures Y Appropriate for single family homes where
economically justified.
Reduce Risk to Critical
Infrastructure Y Strategy to allow communities to more
quickly recover from a storm event.
Flood Proofing Y Appropriate for large high-rise
condominiums; less costly than levees.
Buyouts Y
Appropriate to remove people and
resources out of high risk areas where
economically justified.
Retreat Based on Elevation N Not cost effective or practical on any scale.
Revise Building Code (min. elev.)N Likely will be a recommendation of the
study, but outside the scope of work.
Develop Comprehensive
Evacuation Plan N Likely will be a recommendation of the
study, but outside the scope of work.
Revise Hurricane Response Plan N Likely will be a recommendation of the
study, but outside the scope of work.
Revise Emergency Preparedness
Plan N Likely will be a recommendation of the
study, but outside the scope of work.
NATURAL AND NATURE BASED FEATURES CONSIDERED
Nonstructural Measure
Measure
Carried
Forward
(Y/N)Discussion
Vegetative Dune Plantings Y Best practice for stabilizing dunes and
combating erosion.
Oyster Reefs Y
Native habitat to southwest Florida and
can dampen wave energy to increase
retention.
Mangrove Plantings Y Best practice for use with infrastructure
protection.
EXISTING CONDITIONS: SLOSH MODEL 2016
•Based on the National Hurricane Center's Sea, Lake and Overland Surge from Hurricanes (SLOSH) model
STORM SURGE RISK •Potential flooding elevations
above ground level (MOMs)
generated by storm surge
from the worst case Category
5 hurricane at high tide.
•The surge tide values
represent the highest surge
height reference to NAVD88.
•Typically the highest surge
tide values are not the surge
heights predicted at the gulf
coast. The highest storm tide
values are usually
experienced inside bays and
up rivers and inlets.
Category 5 hurricane
Coastline
EXISTING CONDITIONS: COLLIER COUNTY ELEVATION
TSP SELECTION CRITERIA
Damages prevented/reduced
Estimated cost
Life safety benefits
Environmental impact or improvement
Regional Economic Development benefits/impact
Recreation benefits
Other Social Effects
ORDINANCE NO. 2019 - 1 0
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING 2001-03, AS AMENDED,
WHICH CREATED THE COLLIER COUNTY COASTAL ADVISORY
COMMITTEE, BY AMENDING SECTION TWO, FUNCTIONS POWERS
AND DUTIES OF THE ADVISORY COMMITTEE, TO ADDRESS
RECURRING COASTAL WATER QUALITY ISSUES WITHIN COLLIER
COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,in cooperation with the City of Naples and the City of Marco Island,the Board
of County Commissioners (Board) adopted Ordinance No. 2001-03, creating the Collier County
Coastal Advisory Committee to assist with the establishment of unified beach erosion control and
inlet management programs and advise the Board and the Tourist Development Council (TDC) of
project priorities with respect to funding sources for restoration and protection of the Collier
County shoreline; and
WHEREAS, the Board desires to amend Ordinance No. 2001-03, as subsequently
amended,to address continuous and recurring coastal water quality issues that impact all of Collier
County, including the City of Naples, City of Marco Island, and City of Everglades City.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2001-03,
AS AMENDED.
Section Two of Ordinance 2001-03, as amended, is hereby amended as follows:
SECTION TWO: Functions, Powers and Duties of the Advisory Committee.
The functions, powers and duties of the Committee shall be to advise and make
recommendations to the Board of County Commissioners and the TDC on matters pertaining to
the following:
A. Development and implementation of a long-term beach erosion control program within
Collier County to include identification of beach segments with common erosion/accretion
histories, recommendations of beach management strategies for each segment, and development
of long-term strategies for areas of chronic erosion;
2005-001/1465309/1]
Words Underlined are added;Words Struck Through are deleted.
Page 1 of 3
B. Planning and prioritizing of capital improvement programs related to coastal issues,
including recommending alternative funding sources for the development and implementation
of coastal management and erosion control projects(i.e., grants from the State of Florida Beach
Erosion Control Program and Federal navigation and coastal management projects);
C. Coordinating with regional and state-wide groups as may be necessary to further the
goals, and policies of Collier County;
D. Outlining of coastal zone management policies and construction procedures for beach
nourishment, sediment borrow site identification, inlet management plans, inlet improvement
projects, dredging, dredge spoil disposal site identification, coastal erosion trend evaluation,
coastal and estuarine habitat protection and restoration, and other similar activities; and
E. Reporting on innovative proposals by the public and staff-
F. Reviewing common, continuous and recurring Coastal Water Quality issues that affect
all of Collier County including the City of Naples, the City of Marco Island and Everglades City.
Coastal Water quality issues include but are not limited to high bacterial,fecal,nutrient,and toxic
metal levels; blue-green algae; red tide; and other water quality issues that affect the bays,
estuaries, inlets and shoreline; and
G. Reporting to the Board of County Commissioners specific and relevant issues of critical
importance that if corrected will positively impact Collier County coastal water quality.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
2005-001/1465309/1]
Words Underlined are added;Words c oft are deleted.
Page 2 of 3
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ION` day of June. 2019.
ATTEST:BOARD OF C• TY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER CIS' S 'IDA
6
10,J#
By: ; 1 O•G.444 By:
Airy
As to of 'r .;t ,i Clerk W'i'iam L. McDaniel, Jr., CHAIRMAN
signature on
Approved, to • 4nd legality:
Colle- M. reene
Assistant Conty Attorney
This ordinance filed with the
cr cry of te's Office the
and acknowl,edgeme tt fjlthat
fill eceived this qday
y
Cleric L
2005-001/1465309/1]
Words Underlined are added; Words Struck Through are deleted.
d o
Page 3 of 3
xa1/A
01 Gnnµ'Vi'K4.•
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
June 20, 2019
Ms. Ann Jennejohn, Senior Deputy Clerk
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples,Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-10, which was filed in this office on June 20, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us