CAC Agenda 01/14/2021January 14, 2021
Meeting Agenda and Notice
Coastal Advisory Committee (CAC)
Thursday, January 14, 2021 - 1:00 p.m.
Collier County Board Chambers
Collier County Government Center
3299 Tamiami Trail East, Third Floor, Naples, FL
Sunshine Law on Agenda Questions
2021 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
October 8, 2020
VII. Staff Reports
Expanded Revenue Report
VIII. New Business
1.ES FDEP 21CO1 Agreement
◦FDEP 21CO1 Agreement
2.ES FDEP 20CO3 Amendment 1
◦FDEP 20CO3 Amendment 1
3.ES Collier Creek Work Order
◦APTIM Collier Creek Work Order
4.ES FDEP 20CO2 Amendment 1
◦FDEP 20CO2 Amendment 1
IX. Old Business
X. Announcements
XI. Committee Member Discussion
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Packet Pg. 169 Attachment: 01-14-2021 CAC Agenda (14849 : Coastal Advisory Committee January 14, 2021)
XII. Next Meeting Date/Location
February 11, 2021 at 1:00 p.m.
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 Andrew Miller at (239) 252-2922.
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.
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Packet Pg. 170 Attachment: 01-14-2021 CAC Agenda (14849 : Coastal Advisory Committee January 14, 2021)
October 8, 2020
1
MINUTES OF THE COLLIER COUNTY COASTAL ADVISORY
COMMITTEE MEETING
Naples, Florida, October 8, 2020
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: David Trecker
VICE CHAIRMAN: Joseph Burke
Steve Koziar
Thomas McCann (via telephone)
Jim Burke
Robert Raymond (Excused)
Erik Brechnitz
Robert Roth (via telephone)
Raymond Christman
ALSO PRESENT: Gary McAlpin, Manager, Coastal Zone Management
Andy Miller, Project Manager
Colleen Greene, Assistant County Attorney
Stephanie Molloy, City of Naples
October 8, 2020
2
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 Trecker 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.
Mr. Joseph Burke moved to allow Mr. Roth and Mr. McCann to participate by telephone due to an
extraordinary circumstance. Second by Mr. Christman. Motion carried 5 – 0.
IV. Changes and Approval of Agenda
Mr. Joseph Burke moved to approve the Agenda subject to adding Item VIII.5 – Update on USACE
Feasibility Study for Collier County. Second by Mr. Brechnitz. Carried unanimously 8 – 0.
V. Public Comments
None
VI. Approval of CAC Minutes
1. July 21, 2020
Mr. Jim Burke moved to approve the minutes of the July 21, 2020 as submitted.
Second by Mr. Koziar. Carried unanimously 8 – 0.
VII. Staff Reports
1. Expanded Revenue Report
The Committee reviewed the “FY 20 TDC Revenue Report” dated through September 30, 2020.
Mr. Miller noted collections are down due to the pandemic, but less than anticipated and any
shortfalls are not an immediate cause for concern as reserve funds are available to complete the
projects as proposed.
VIII. New Business
1. ES Resolution Supporting Applications to Florida Department of Environmental Protection
Resolution
Collier Beaches LGFR Application
South Marco Beaches LGFR Application
Wiggins Pass LGFR Application
Mr. Miller presented the Executive Summary “Recommendation to approve a Resolution
supporting the County’s applications to Florida Department of Environmental Protection for
Long Range Budget Plan Requests for Beach Renourishment Projects for Fiscal Year
2021/2022. This action maintains the County's eligibility for State Cost Share Funding for
future renourishment projects” noting Coastal Zone Management seeks funding from FDEP to
augment the tourist tax revenue utilized for beach projects. A Resolution from the County is
required when the funds are requested. The cost sharing will provide funding for the following
projects:
1. Collier County Nourishment
October 8, 2020
3
a. FY 2021/2022 physical, biological, turtle, and shorebird monitoring, and tilling for the
Collier County beach renourishment project.
b. FY 2021/2022 Renourishment of the Naples and Vanderbilt beaches, engineering and
permitting.
2. Marco Island Nourishment
a. FY 2021/2022 physical, biological, turtle, and shorebird monitoring along with tilling
for the South Marco 2020/21 project area.
3. Wiggins Pass Dredging a. FY 2020/2021 physical, biological, turtle, and shorebird
monitoring of the interim dredging conducted in FY 2019/20.
Mr. Koziar moved to recommend the Board of County Commissioners approve a Resolution
supporting the County’s applications to Florida Department of Environmental Protection
for Long Range Budget Plan Requests for Beach Renourishment Projects for Fiscal Year
2021/2022. Second by Mr. Jim Burke.
During Committee discussion the following was noted:
The State ranks the requests from all parties based on a series of criteria such as
longevity, wildlife habitat functions, environmental issues, etc.
The reimbursement is up to 35 percent of the funds expended on eligible projects.
Indications are the State has allocated approximately $35M for reimbursements for
FY21.
The Naples beaches are scheduled for renourishment this year, however portions south
of the Pier are not slated for the work given the lack of public access to the areas.
The County has the funds available for the projects referenced in the request and is not
relying on the reimbursements to complete the work.
Mr. McAlpin will provide the exact location for the southern extremity of the Naples beach
renourishment to the Committee following the meeting.
Motion carried unanimously 8 – 0.
2. ES Humiston & Moore Engineers Collier County Beaches and Inlet Monitoring
Proposal Humiston & Moore Collier County Beaches and Inlet Monitoring
Mr. Miller presented the Executive Summary “Recommendation to approve a proposal from
Humiston & Moore Engineers for State required Annual Monitoring of Collier County
Beaches and Inlets for 2021 under Contract No. 18-7432-CZ, and make a recommendation to
authorize the expenditure of tourist development tax funds for a not to exceed amount of
$167,223 and make a finding that this expenditure promotes tourism” noting the surveys will
be utilized to determine the beach work required for Fiscal Year 2021 and is required by the
FDEP.
Mr. McCann moved to recommend the Board of County Commissioners approve a proposal
from Humiston & Moore Engineers for State required Annual Monitoring of Collier County
Beaches and Inlets for 2021 under Contract No. 18-7432-CZ, and make a recommendation
to authorize the expenditure of tourist development tax funds for a not to exceed amount of
$167,223 and finds the item promotes tourism. Second by Mr. Joseph Burke. Carried
unanimously 8 – 0.
October 8, 2020
4
3. ES APTIM U.S. Army Corps of Engineers Feasibility Study
Proposal APTIM Feasibility Study
Mr. Miller presented the Executive Summary “Recommendation to approve an expenditure of
Tourist Development Tax funds for a professional services Work Order with APTIM
Environmental and Infrastructure, Inc. for a not to exceed cost of $38,878.60 under Contract
#18-7432-CZ to support Phase III of the Collier County Hurricane and Storm Damage
Reduction (HSDR) Feasibility Study performed by the United States Army Corps of Engineers,
approve all Budget Amendments and make a finding that this item promotes tourism.
(Project #80366).”
Mr. Jim Burke moved to recommend the Board of County Commissioners approve an
expenditure of Tourist Development Tax funds for a professional services Work Order with
APTIM Environmental and Infrastructure, Inc. for a not to exceed cost of $38,878.60 under
Contract #18-7432-CZ to support Phase III of the Collier County Hurricane and Storm
Damage Reduction (HSDR) Feasibility Study performed by the United States Army Corps of
Engineers, approve all Budget Amendments and finds the item promotes tourism.
(Project #80366). Second by Mr. Joseph Burke.
Mr. Brechnitz expressed concern some areas in the City of Marco Island (the Northern
section, Hideaway Beach, Tigertail Beach, etc. including the buildings in the area) were
excluded from the plan. The concern was relayed to the USACE through a letter sent by the
City. He cannot support the funding request as proposed given the City disagrees with the
draft feasibility report.
Mr. Roth echoed the concern.
Other Members noted:
The study is still in draft stages and is subject to changes.
The City of Naples (especially the areas south of Lowdermilk Park) and the Pelican
Bay community have similar concerns and they also contacted the USACE on the
study.
It would be beneficial to continue the process and provide the support given the plan
has not been finalized and the proposed projects may be added, modified, etc. over
time, even after it is approved.
Mr. McAlpin noted:
The City of Marco Island is included in the study (Study Area #6) and buildings in the
area are under consideration for flood proofing measures.
Many of the areas were not considered for structural measures given the inability to
protect inland lands from waters moving in during a storm event.
Additionally, areas like Hideaway Beach (like the Pelican Bay beaches) were not
eligible as there is no public access to the beaches.
The purpose of the funding request is continuing provision of technical assistance for
development of the plan.
The plan is an overall benefit to the County and Hideaway Beach and other areas not
eligible may be considered however the cost of any work would be the responsibility of
the County or parties other than the USACE.
A workshop with the City of Marco Island could be held if so desired.
October 8, 2020
5
During Council discussions it was noted it may be beneficial to alter the wording for the
request to allow for the provision of technical “comments” or “assistance” or similar wording
as opposed to “support.”
Mr. McAlpin noted the plan is long term, still in draft stages and many projects may be
proposed for the eligible areas as long as the cost benefit ratio for them is greater than one.
Motion carried 5 “yes” – 3 “no.” Mr. Brechnitz, Mr. Roth and Mr. Koziar voted “no.”
4. ES to Provide an Update on a Work Order needed with Taylor Engineering for Surveying
Services for Naples Beach Renourishment
Taylor Engineering Proposal for Professional Surveying Services
Mr. Miller presented the Executive Summary “To provide an update to the Coastal Advisory
Committee and Tourist Development Council that the County will require a work order with
Taylor Engineering, Inc., to provide professional surveying services for Naples Beach
Renourishment from just south of Doctors Pass to Florida Department of Environmental
Protection (FDEP) reference monument R-60 under Contract No. 18-7432-CZ for time and
material not to exceed $70,844 and make a finding that this item promotes tourism” noting the
project is slated to be undertaken in November of 2020.
Mr. Joseph Burke moved to recommend the Board of County Commissioners To provide an
update to the Coastal Advisory Committee and Tourist Development Council that the County
will require a work order with Taylor Engineering, Inc., to provide professional surveying
services for Naples Beach Renourishment from just south of Doctors Pass to Florida
Department of Environmental Protection (FDEP) reference monument R-60 under Contract
No. 18-7432-CZ for time and material not to exceed $70,844 and finds this item promotes
tourism. Second by Mr. Koziar. Carried unanimously 8 – 0.
5. Update on USACE Feasibility Study for Collier County
Mr. McAlpin provided the update noting:
The USACE has developed the draft plan with Collier County being the local sponsor.
The proposal includes protecting areas from storm surge through a variety of measures
including increasing the height and width of the beaches.
It also includes measure to flood proof buildings and protect the back bays.
The plan continues to be “fine tuned” based on input from various sources and preliminary
storm surge models have been developed to assist in the planning.
Upon approval, it will be implemented via a 50-year grant from the USACE. The
associated engineering, design and construction is anticipated over a 5 – 20-year timeline.
Funding for the projects in the study area will be a partnership between the USACE and the
County, with the County responsible for 25 percent of the costs expended on projects.
The County may propose alternate projects not included in the plan but would be
responsible for the costs of the work.
During Committee discussion, the following was noted:
The plan is anticipated to be approved by April 21st upon sign off by the USACE officials.
Certain areas in Cities of Marco Island and Naples were not incorporated into the plan
given the lack of feasible strategies to prevent storm waters from flowing inland in these
areas.
October 8, 2020
6
There are non-structural measures proposed for these areas of the Cities such as flood
proofing of buildings.
The City of Marco Island did express concerns to the USACE to ensure their interests will
be considered as the plan continues to be developed.
Mr. McAlpin noted if the City of Marco Island desires, a workshop can be scheduled with
representatives from the USACE and County to discuss the plan.
IX. Old Business
None
X. Announcements
None
XI. Committee Member Discussion
Chairman Trecker reported the Committee’s water quality recommendations will be heard by the
Board of County Commissioners at their October 27th meeting.
Mr. McAlpin reported the Collier Creek project is in the permitting phase with the Florida
Department of Environmental Protection.
XII. Next Meeting Date/Location
November 12, 2020 – 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 2:31 P.M.
Collier County Coastal Advisory Committee
_________________________________
David Trecker, Chairman
These minutes approved by the Board/Committee on _________________as presented ________ or as
amended ___________.
COLLIER COUNTY TOURIST DEVELOPMENT TAX REVENUE
Fund Reporting Fund Adopted Budget
Current Annual
Forecast Budgeted YTD YTD Actual
Variance to
Budgeted YTD
Beach Park Facilities 183 894,000 894,000 86,139 99,276 13,138
TDC Promotion 184 8,383,100 8,383,100 807,729 930,786 123,057
Non-County Museums 193 477,000 477,000 45,960 52,909 6,949
TDC Admin 194 - 0 0 - -
Beach Renourishment 195 9,734,100 9,734,100 937,901 1,080,805 142,904
Disaster Recovery 196 - 0 0 - -
County Museums 198 1,917,900 1,917,900 184,794 213,017 28,223
TDC Capital 758 3,566,000 3,566,000 343,592 396,028 52,436
Gross Budget 24,972,100 24,972,100 2,406,114 2,772,821 366,706
Less 5% Rev Res (1,248,600)% over/(under) forecast 15.2%
Net Budget 23,723,500
Collections
Month Reported Actual Cum YTD
% Budget
Collected to
Date
% Variance
FY20
Collections
% Variance FY19
Collections
% Variance FY18
Collections
Nov 1,186,011 1,186,011 4.75% -15.14% 21.23% -4.16%
Dec 1,586,810 2,772,821 11.10% -23.28% 32.63% -3.20%
Jan - 2,772,821 11.10% n/a n/a n/a
Feb - 2,772,821 11.10% n/a n/a n/a
Mar - 2,772,821 11.10% n/a n/a n/a
Apr - 2,772,821 11.10% n/a n/a n/a
May - 2,772,821 11.10% n/a n/a n/a
June - 2,772,821 11.10% n/a n/a n/a
July - 2,772,821 11.10% n/a n/a n/a
Aug - 2,772,821 11.10% n/a n/a n/a
Sept - 2,772,821 11.10% n/a n/a n/a
Oct - 2,772,821 11.10% n/a n/a n/a
Total 2,772,821 2,772,821 YTD -20.00% 27.50% -3.61%
97.0% 97.0% 97.0%24,972,100 Forecast
FY 21 TDT Collections Report
31-Dec-2020
1/8/20215:11 PM H:\Revenue Report\TDC 2 Receipts FY19 and Forward
COLLIER COUNTY TOURIST DEVELOPMENT TAX REVENUE
FY 21 TDT Collections Report
31-Dec-2020
Budget Comparison
5 Yr History-Cum
5 Yr History-
Monthly
Budgeted
Collections
Actual
Collections
Budget to Actual
Variance Forecast Update
Nov 4.2% 4.2%1,058,305 1,186,011 127,705 -
Dec 9.6% 5.4%1,347,809 1,586,810 239,001 -
Jan 18.1% 8.5%2,113,016 - - -
Feb 30.8% 12.7%3,183,796 - - -
Mar 45.1% 14.3%3,562,928 - - -
Apr 63.6% 18.5%4,609,137 - - -
May 75.6% 12.0%3,009,090 - - -
June 82.2% 6.6%1,636,491 - - -
July 87.2% 5.0%1,249,990 - - -
Aug 92.1% 5.0%1,241,200 - - -
Sept 96.3% 4.1%1,025,231 - - -
Oct 100.0% 3.7%935,107 - - -
Total 100.0% 100.0%24,972,100 2,772,821 366,706 -
% over/(under) budget 15.2%
$‐
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
NovDecJanFebMarAprMayJuneJulyAugSeptOctMonth Reported
Tourist Development Tax Collection Curve
Budgeted Collections
Actual Collections
1/8/20215:11 PM H:\Revenue Report\TDC 2 Receipts FY19 and Forward
EXECUTIVE SUMMARY
Recommendation to approve Agreement No. 21CO1 with the Florida Department of
Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management
Funding Assistance Program for funding reimbursement and support for Collier County Beach
Renourishment and Inlet Management Projects.
OBJECTIVE: To approve Agreement No. 21CO1 with the Florida Department of Environmental
Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding Assistance
Program for the reimbursement of coastal maintenance costs for periods ranging from 01/01/2019 to
12/31/2023.
CONSIDERATIONS: To approve Agreement No. 21CO1 - Collier Beach Nourishment with the Florida
Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach
Management Funding Assistance Program. This grant will provide for partial cost-share reimbursement
of 42.38% for the construction and monitoring for the Vanderbilt, Park Shore and Naples beaches with a
total FDEP participation of not to exceed more than $5,888,065.00 (From 1/1/2019 to 12/31/2023).
FISCAL IMPACT: Execution of this grant will allow for the reimbursement of approximately
$5,888,065.00 for future work performed to maintain our coastal systems.
GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan related to
this action.
ADVISORY COMMITTEE RECOMMENDATIONS: This will be reviewed by the CAC on January
14, 2021 and the TDC on January 25, 2021.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. – CMG
RECOMMENDATION: To approve Agreement No. 21CO1 with the Florida Department of
Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding
Assistance Program for the funding reimbursement and support of Collier County Coastal Management
Programs.
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 215.97.1, Florida Statutes:
1, Project Title (Project): Agreement Number:
Collier County Beach Nourishment Project 21COl
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 (Department}
Grantee Name; Collier County Board of County Commissioners Entity Type: Local Government
Grantee Address: 2685 South Horseshoe Drive, Naples, FL 34104 FEID: 59-60000558
Grantee
3. Agreement Begin Date: Date of Expiration:
1/1/2019 12/31/2023
4. Project Number; Project Location(s):
(If dierent from Rgreement 1Vumber) Collier County
Project Description:
This project consists of construction and post -construction monitoring.
5. Total Amount of Funding: Funding Source?
Award #s or Line Item Appropriations: Amount
er Sources :
FY 20-21 GAA Line Item #1676 (LATF)
$5,888,065.00
$5,888,065.00 ® State ❑Federal
❑ State ❑ Federal
❑ Grantee Match
Total Amount of Funding + Grantee Match, if an :
$5.889,065.00
6. Department's Grant Manager
Grantee's Grant Manager
Name: Vincent George
Name: Gary McAlpin
or successor
or successor
Address: Beach Management Funding Assistance Address: Collier County
2600 Blair Stone Road, MS 3601
2685 South Horseshoe Drive
Tallahassee, Florida 32399
Naples, Florida 34104
Phone: 850-245-7601
Phone: 239-252-5342
Email: Vincent. George@FloridaDEP.gov
Email; GaryMeAlpin@colliergov.net
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
inrmmnratPrl by referenre'
60 Attachment 1; Standard "Perms and Conditions Applicable to All Grants Agreements
® Attachment 2: Special Terms and Conditions
V Attachment 3: Grant Work Plan
6� Attachment 4: Public Records Requirements
Ql Attachment 5: Special Audit Requirements
❑ Attachment 6: Program -Specific Requirements
❑ Attachment 7: Grant Award Terms (Federal) *Copy available at hctps !!facts tldfs wM, in acvxdance with §215.985, F.S.
❑ Attachment 8: Federal Regulations and Terns (Federal)
❑ Additional Attachments (if necessary):
m Exhibit A: Progress Report Form
❑ Exhibit B: Property Reporting Form
50 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. 21COI Rev. 6/20/18
S. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 1 (a)(1):
Federal Award Identification Number(s)() (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 Board of County Commissioners
Grantee Name
By,
(Authorized Signature)
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection
By.
Secretary or Designee
Print Name and Title of Person Signing_
2 Additional signatures attached on separate page.
ATTEST
CRYSTAL K. KiNZU,CLERK
BY.
Approved as to form aW teSatity
Assistant County Attorney
DEP Agreement No. 21COI
GRANTEE
Date Signed
DEPARTMENT
Date Signed
Rev. 6 20/18
Ike
ORCP Additional Signatures
Name, DEP Grant Manager
Name, DEP QC Reviewer
A ~
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 shalt 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 of 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 (2011/6) 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; (3)
changing the current funding source as stated in the Standard Grant Agreement; and/or (4) 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
l of 11
Rev, 8/10/2020
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
knowingly 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. Reiection 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 requests 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 the Department's 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. 1f 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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S. Payment.
a. Payment Process. Subject to the terms and conditions establisher) 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/Sociai Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Aweement. 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 Iaws, 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:
htts://www.m floridaefo.com/Division/AA/Manuals/documents/ReferenceGuideforStateEx enditures. df.
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 Reguest, 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 ApprOl2fiation Contin enc . 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:
%vww.myfloridaefo,coni/Division/AA/Veridors/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. If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Dgpartment its
share of those funds.
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. Oyerhead/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.
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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,
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 $5,000 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.
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
$5,000 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. Rentanease 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 Ac uisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, ]eases, 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
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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.
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 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 ail 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 fratm 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.
e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
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
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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
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 shalt 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;
L 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 I I 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
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1
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.
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 S100,000.
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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
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 ]cases 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 shalt comply with at[ 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
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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
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:
htt ://dos.m florida.com/libr -archives/records-mana emend eneral-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 I 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
Attachment 1
9of11
Rev. 8/10/2020 f
! CAO
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website;
https,llapps.fldfs.comlfsaa.
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 guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department 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
Attachment 1
10ofII
Rev. 8/ 10/2020
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
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. Severabitity.
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 a]I
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. 8/10/2020
,fi
,4 AO`
NI,, -..
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.21COI
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment I. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is Collier County Beach Nourishment 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 January 1, 2019 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 Pa. 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 Cate o
®
❑
Salaries/Wages
Overhead/Tndirect/Gencral and Administrative Costs:
El
❑
a. Fringe Benefits, N/A.
❑
❑
b. Indirect Costs, NIA.
®
❑
Contractual (Subcontractors)
❑
❑
Travel, in accordance with Section 112, F.S.
❑
❑
Equipment
❑
❑
Rental/Lease of Equipment
❑
❑
Miscellaneous/Other Expenses
❑
❑
Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
S. 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
Attachment 2
1 of 2
Rev. 81I0/2020
6�1
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 Liabili1y 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
liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover al] employees engaged in any work under the Grant.
d. Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10, Retainage.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the
Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed -price subcontracts pursuant to 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.
12. State-owned Land.
The Board of Trustees of the Internal ]mprovement 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.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Additional Terms.
None.
Attachment 2
2 of 2
Rev. 811012020
ICAO.
ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Collier County Beach Nourishment
PROJECT LOCATION: The Project is located between Department of Environmental Protection (DEP)
reference monuments R22 and R79 along the Gulf of Mexico in Naples in Collier County, Florida. The
Project includes 7.7 miles, among three segments of shoreline within Collier County: Vanderbilt Beach,
approximately 1.5 miles between DEP monuments R22 to R31; Park Shore, approximately 2.5 miles
between DEP monuments R42 to R54.4; and Naples, approximately 3.7 miles between DEP monuments
R58 to R79.
PROJECT BACKGROUND: The Collier County Beach Restoration was completed in 1996 followed by
nourishment in 2006, including a one acre mitigation reef to compensate for damages to nearshore
resources. Nourishment was completed in early 2014 to address storm losses from Tropical Storm Fay
(2008) with additional material placed in late 2014 in the Naples segment to replace storm losses from
Tropical Storm Debby (2012). Both events received storm damage repair funding from FEMA. In late 2016,
nourishment was completed to repair hotspots in Park Shore and Vanderbilt Beach. The Park Shore
nourishment project in response to Hurricane Irma storm damages was completed in 2020. The FY 2020-
21 nourishment project will replace beach material losses to the Vanderbilt and Naples segments.
PROJECT DESCRIPTION: This project consists of construction and monitoring in Collier County,
PROJECT ELIGIBILITY; The Department has determined that 84.76 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 $5,888,065 for this Project or up to 42.38 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 623-36.005(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:
htt s: flo ri dad ep, gov/sites/default files Ph sicaIMonitorin Standards. Of
DEP Agreement No. 21 CO1, Attachment 3, Page 1 of 4
�T
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.A.C. — Florida Administrative Code
FWC — Florida Fish and Wildlife Conservation Commission
FEMA — Federal Emergency Management Agency
F.S. — Florida Statutes
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: 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.
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 signed by
Local Sponsor 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.
Task 2: Monitoring
State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute
and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest
and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must
be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor
DEP Agreement No. 21 COI, Attachment 3, Page 2 of 4
permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate
mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational,
physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses
conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction
environmental monitoring services, or when the Project engineering consultant firm subcontracts for post -
construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and
mangrove resources. Department approval of the consultant's mitigation plan will be required prior to
execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to
comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by
the Department associated with environmental monitoring for the Project listed.
Task Description: This task includes activities associated with permit -required monitoring conducted in
accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must
be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring
Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of
nearshore resources is available in the Department's Standard Operation Procedures For Nearshore
Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products
directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be
eligible for reimbursement under this task, unless otherwise directed.
Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report
signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in
progress during the payment request period and, 2) Documentation of submittal to state and federal
regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under
this task description.
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
{%)
Federal
Estimated
Project
Costs
DEP
focal
Total
1
Construction
42.38%
$5,704.348.00
$7,755,652,00
$13,460,000.00
2
Monitoring
42.38%
$193,717.00
$249,783.00
$433,500.00
TOTAL PROJECT COSTS
$5,888,065.00
$8,005,435.00
$13,893,500.00
DEP Agreement No. 21CO1, Attachment 3, Page 3 of 4
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
Task
No.
Task Title
Budget Category
Budget
Amount
Task Start
Date
Deliverable
Due Date
1
Construction
Contractual Services
$5,640,778,00
01 /01/2019
6/30/2023
]
Construction
Salary/Fringe
$63,570.00
2
Monitoring
Contractual Services
$183,717.00
01/01/2019
6/30/2023
Total:
$5,888,065,00
SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not
exceed those indicated below.
................................:::3:: .. E
f ::=::.......::::s€.EIE
filfXvrb�e Hourly...........g
j�Ira "Il>]tie imatte { �►) 3
Project Manager $39.54 17,20%
2
Senior Field Inspector $33.23 30.00%
Senior Environmental Specialist $24.47 17.33%
Environmental Specialist $22.50 17.75%
DEP Agreement No. 21 CO 1, Attachment 3, Page 4 of 4
CA10I
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 I] 9.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by later.
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 1 19.0701(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. servicesafloridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of 1
Rev. 4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may he referred to
as the 'Department", "DEP", "EDEP" 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 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, 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 (CFO) or Auditor General,
AUDITS
PART 1: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single orprogram-
specific audit conducted in accordance with the provisions of 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 in 2 CFR 200.502-503, An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200,508-512.
A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources
obtained from other federal entities.
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at www.cfda.2ov
Attachment 5
1 of 6
BOS-DEP 55-215 revised 7/2019
PART It- STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), 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 (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project -specific audit for such fiscal year in accordance with Section
21597, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
EXHIBIT I to this form lists the 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(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10,550 (local
govemmcntal 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 (for fiscal year ending
June 30, 2017, and thereafter), 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),
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information, Legislature's Website at
httv:l/www. I e.state.fl.us/Welcome/index.cfm, State of Florida's website at littn://www.myflorida,com/,
Department of Financial Services' Website at http://www,fldfs.com/and the Auditor General's Website at
htti)://www.mvflorida.com/audge .
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
f rnding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment S
2of6
SGS-CEP 55.21 S revised 7/2019
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
Submissions of the Singie Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
2. Copies of financial reporting packages required by PART It 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 Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSin leAudit de .state.fl.us
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
t 1 I West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (http://flauditor.Roy/) provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART It] 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 Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSinp,leAudit@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 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
Attachment 5
3 of 6
BGS.DF_.P 55-215 revised 7/2019
J
5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and 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.
Attachment S
4 of 6
BG5-DEP 55-215
revised 7/2019
EXHIBIT-1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program
.I rt—.0 t-t-1 t d ral resources award,,d
Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following:
Federal
Program
A
Federal Agency
CFDA
Number
CFDA Title
Fundin Amount
State
Appropriation
CateLoEy
$
Federal
Program
B
Federal Agency
CFDA
Number
CFDA Title
Fundin Amount
State
Appropriation
Category
Dote: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in
IL, rq„ a .w—"n r as Drown below
Federal
Program
A
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i.e,:(efigibifity requirement for recipients of the resources)
Etc.
Etc,
Federal
Program
B
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)
Etc.
F-
Etc.
Attachment 5, Exhibit 1
5 of 6
RGS-CEP 55-215
Y �
Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each
f-,I—I .,rrr „m —A c hi w tnfnl ctnfa rocnoirrvc nward&d fnr marrhinv
State Resources Awarded to the Recipient Pursuant to this reement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
A
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Cate o
Federal
Program
B
Federal Agency
CFDA
I CFDA Title
Funding Amount
State
Appropriation
Category
Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show
t tat state Pwancial assistance awarded that is sub sect to section 215.97 F.S
0
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
A
State Awarding Agency
State
Fiscal Year'
CSFA
Number
CSFA Title
or
Funding Source Description
FundinI4 Amount
State
Appropriation
Cate o
Original
FDEP
FY 20/21
3T003
Beach Management Funding
Assistance Program
$5,888,065.00
140126
State
Program
B
State Awarding Agency
State
Fiscal Year2
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Total Award $5,888 065.00 «='
Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department
for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different
requirements pertain to different amount for the non federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category.
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www,cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA)[https://apvs.fldfs.com/fsaa/searc]iCatalo2,aspx], and State Projects Compliance
Supplement (Part Four: State Projects Compliance Supplement Fhttps://qpps.fldfs.com/fsaa/state project com liance.as x . The services/purposes for which the
funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement.
1 Subject to change by Change Order.
2 Subject to change by Change Order.
Attachment 5, Exhibit 1
6 of
r..v ty BGS-�$P 55-215
g.•� Re. ised 712019
EXHIBIT A
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART III
QUARTERLY PROJECT PROGRESS REPORT
Name of Project: Collier County Beach Nourishment Project
Local Sponsor: Collier County Board of County Commissioners
DEP Agreement Number: 21COl
Report Year: Report Period (select one):
QI : Jan — Mar 31 ❑ Q2: Apr— Jun 30 ❑ Q3: Jul — Sep 30 Q4: Oct — Dec 31
For each task, include the following information: Describe the work performed during the reporting
period (including percent of task completed to date), problems encountered, problem resolutions,
scheduled updates, and proposed work for the next reporting period. (Use additional pages. if needed).
Task 1:
Task 2:
Task 3:
Task 4:
DEP Agreement No. 21CO1, Exhibit A, Page 1 of 1
EXHIBIT C
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project: Collier County Beach Nourishment Proiect
Local Sponsor: Collier County Board of County Commissioners
DEP Agreement Number: 21 COI
Remittance Address:
Billing Number:
Billing Type: ❑ interim Billing ❑ Final 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
S
Less This Retainage
State Funds Remaining
DEP Agreement No. 21 CO1, Exhibit C, Page 1 of 5
Local Share
S
Total
Local Funds Obligated
Less Advance Pay
Less Previous Credits
S
Less This Credit
Local Funds Remaining
Name of Project:
Billing Number:
DEP Agreement Number:
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART II
Billing Period (1):
Person Completing Form & Telephone Number
REIMBURSEMENT DETAIL
Item
#
Vendor
Name
Invoice
Number
Invoice
Date
Check
Number
Task
Number
(3)
SOW
Number
(3)
Invoice
Amount(4)
Eligible
Cost (5)
���
Fed
Shar
(6) e
Federal
Share of
Invoice
Amount
7
Non-
Federal
Share
(g)
ta
State
Share
(9)
State
Share
(lo)
Local
Share
(Il)
etainage
Payment
(12)
Withheld
Retainage
(13)
State
Payment
(14)
$0.00
0.00
0.00
0,00
Total Due to Local Sponsor (15)
Form Tnstructions'.
1. B""rig Period: Should reflect Invoice services performed date (beginning date - earliest date of services, end date -latest date of services performed)_
2. Person responsible for completing this form: Please identify the person responsible for completing information if clarification is needed,
3. Task #: Must identify Task..
4. SOW #: Must identify SOW(s) For each invoice. If invoice covers multiple SOW, that invoice would be listed multiple times, a line item for each SOW
4. Invoice Amount
5, Eligible Cost: invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only.
6. % Federal Share: If app] icable this should be the percentage listed in Agreement. Federal Share will be listed on Table 1 if appl icable.
7. Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage.
8. Non -Federal Share: Eligible Cost (5) minus Federal Share OC Invoiced Amount (7)
9, Percentage of Stale Share: This should be the State Share Petcentage listed m Agreement.
10. State Share: Multiply Non -Federal Share by State Share Percentage.
11. Local Share: Subtract State Share from Non -Federal Share.
12. Retainage Payment: Requires separate line for each completed Task, Sub -Task and or Deliverable that reiainage is being requested.
13. Withheld Retainage: Multiply State Share by 10%.
14, Stale Payment: Subtract Retainage from State Share.
15. Total Due to Local Sponsor: Add Retainage Payment'Fotal (12) to State Payment Total (14).
Please redact all Sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form.
Notes: For questions or coneems regarding this form please contact: Janice Simmons - (R5O)245-2979 or email at Janice.L,Simmons@dep.state.fl.us
r ,, `CEP Agreement No. 21C01, Exhibit C, Page 2 of 5
s�
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART III
INVOICE REPORT
Name of Project: Collier County Beach Nourishment Project
Local Sponsor: Collier County Board of County Commissioners
DEP Agreement Number: 21C01
Billing Number:
Invoice Report Period:
(Describe progress accomplished during the invoice report period, including statement(s) regarding percent of task
completed to date.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The followine format should be followed:
Task 1:
Progress for this invoice period:
Identify any delays or problems encountered:
DEP Agreement No. 21 COI , Exhibit C, Page 3 of S
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 Nourishment Pro�ed
Local Sponsor: Collier County Board of CountCommissioners
DEP Agreement Number: 21 CO 1
Billing Number:
Certification: 1 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 I of this form is for allowable costs for the Project described in the grant work plan.
l certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers,
copies of checks, and other purchasing documentation are maintained as required to support the cost
reported above and are available for audit upon request.
Name of Project Administrator Signature of Project Administrator
Name of Project Financial Officer Signature of Project Financial Officer
DEP Agreement No. 21 CO1, 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 Nourishment Project
Local Sponsor: Collier County Board of County Commissioners
DEP Agreement Number: 21 CO I
Task Completion
❑(List Task).
Contract Completion ❑
*1 hereby certify that the above -mentioned Project task has been completed in accordance with the Project
Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds
expended for the Project were expended pursuant to this Agreement. All unused funds and interest accrued
on any unused portion of advanced funds which have not been remitted to the Department, have been
returned to the Department, or will be returned to the Department within sixty (60) days of the completion of
construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers
through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed.
Name of Project Manager
Signature of Project Manager Date
DEP Agreement No, 21 CO 1, Exhibit C, Page 5 of 5
EXECUTIVE SUMMARY
Recommendation to approve Amendment No. 1 to Agreement 20CO3 with the Florida Department
of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management Funding
Assistance Program for Dredging of Wiggins Pass, and make a finding that this item promotes
tourism.
OBJECTIVE: To approve Amendment No. 1 to Agreement No. 20CO3 with the Florida Department of
Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding
Assistance Program for Collier County Wiggins Pass inlet management.
CONSIDERATIONS: FDEP Agreement No. 20CO3 was approved by the Board of County
Commissioners (Board) on September 24, 2019 (Item 16.A.3). The purpose of this Agreement was to
enter into a cost share reimbursement agreement with FDEP for implementing the Inlet Management Plan
for Wiggins Pass approved by FDEP. Amendment No. 1 to this Agreement increases the amount of
funding available for reimbursement for Monitoring from $76,500 to $204,530.00 and adds Task 2
(construction) in the amount of $719,040.50. This additional reimbursement is for the Interim dredging
of Wiggins Pass which was completed in the Spring of 2020 and the pass monitoring.
The execution of the FDEP Beach Funding Assistance Agreement primarily provides funding assistance
for dredging work already completed and, to a lesser extent, monitoring work that is underway, or is to be
undertaken in the near future.
FDEP has determined that 50% (percent) of the non-federal project costs are eligible for state cost
sharing. FDEP’s financial obligation shall not exceed the sum of $923,570.50. for this project. The
county’s financial obligation shall not exceed the sum of $923,570.50 or 50% for a total project cost of
$1,847,141.
ADVISORY COMMITTEE RECOMMENDATIONS: The Coastal Advisory Committee (CAC) will
review this item on January 14, 2021 and The Tourist Development Council will review this item on
January 25, 2021.
FISCAL IMPACT: Approval of this item will allow Collier County to be reimbursed for up to 50% of
the total cost to dredge and monitor Wiggins Pass through the latest monitoring event completed in April
2020. This will amount to an additional reimbursement potential of $923,570.50 for work previously
completed to date.
GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan related to
this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. – CMG
RECOMMENDATION: To approve Amendment No 1 to Agreement No. 20CO3 with the Florida
Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management
Funding Assistance Program for Collier County Beach Nourishment 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
AMENDMENT NO. I
TO AGREEMENT NO. 20003
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
COLLIER COUNTY
This Amendment to Agreement No. 20003 is made by and between the Department of Environmental Protection
(Department), an agency of the State of Florida, and Collier County, 2685 S. Horseshoe Drive, Unit 103 Naples, FL
34104 (Local Sponsor), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Local Sponsor for Wiggins Pass Inlet
Management Plan Implementation effective October 11, 2019; and
WHEREAS, the parties wish to amend the Agreement as set forth herein as the Grantee has requested updates to
the Grant Work Plan, and the Department has agreed.
WHEREAS, the Department is increasing the total amount of funding of the Agreement pursuant to Chapter
161.101(20)(a)(1), Florida Statutes.
NOW THEREFORE, the parties agree as follows:
1) Attachment 5, Special Audit Requirements, Exhibit l is hereby deleted in its entirety and replaced with Exhibit 1-A,
attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 5, Special Audit
Requirements, Exhibit l shall hereinafter refer to Exhibit 1-A.
2) The total amount of funding of the Agreement is increased to $923,570.50.
3} The Agreement is extended for a 6-month period to begin July 1, 2023, and remain in effect until December 31, 2023.
The Department and the Grantee shall continue to perform their respective duties during this extension period
pursuant to the same terms and conditions provided in the Agreement.
4) Attachment 2, Speciat Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A,
Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement.
All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 2-A, Revised Special Terms
and Conditions.
5) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant
Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the
Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan.
6) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may
appear between the Agreement and this Amendment, the provisions of this Amendment shall control.
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
Agreement No. 20003
1 of 2
Kev. 10isli s
Amendment No.: 1
The parties agree to the terms and conditions of this Amendment and have duty authorized their respective representatives
to sign it on the dates indicated below.
Collier County
By
Title: Chairman
Date:
Florida Department of
Environmental Protection
By:
Secretary or Designee
Date:
LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Type Letter/Number
Attachment 2-A
Attachment 3-A
Attachment S, Exhibit l-A
ATTEST
CRYSTAL K. KINZEL, CLERK
BY:
Approve-d as to form and Wplity
A,nistant County Attorney
Agreement No. 20003
Rev. 1019/1 S
Description
Revised Special Terms and Conditions (2 pages)
Revised Grant Work Plan (4 pages)
Special Audit Requirements (2 pages)
2 of 2
Amendment No.: I
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Special Terms and Conditions
AGREEMENT NO, 20003
ATTACHMENT 2-A
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 Wiggins Pass Inlet Management Plan Implementation. 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 January 1, 2019 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.
e. 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, for actual costs not to exceed the budget amount
❑
identified in Attachment 3_
❑
❑
b. Indirect Costs, NIA,
M
❑
Contractual (Subcontractors)
❑
❑
Travel, in accordance with Section t 12, F.S.
❑
❑
Equipment
❑
❑
Rental/Lease of Equipment
❑
❑
Miscellaneous/Other Expenses
❑
❑
Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
S. 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
Attachment 2
1 of 2
Rev. ?OOM320
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 LiabilityInsurance.
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
liability coverage 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 Gram.
d. Other Insurance. None.
4. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the
Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed -price subcontracts pursuant to 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.
12. 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.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Additionol Terms.
€io,
J hr 1h Office 'Of
Attachment 2
2 of 2
Rev. S/1012020
ATTACHMENT 3-A
REVISED GRANT WORK PLAN
PROJECT TITLE: Wiggins Pass Inlet Management Plan Implementation
PROJECT LOCATION: The Project is located between Department of Environmental Protection
(Department or DEP) reference monuments R16 and R17 along the Gulf or Mexico in Collier County,
Florida.
PROJECT BACKGROUND: The initial phase of the latest Wiggins Pass Inlet Management Study was
implemented in 2013 by dredging approximately 107,000 cy of sand for maintenance dredging and initial
realignment of the channel. In 2015, an interim maintenance dredging event excavated 13,000 cy to clear
the shoal across the main inlet entrance channel. The Department approved the Inlet Management Plan in
2018, and soon after adoption, a 2018 maintenance dredging event of approximately 100,000 cy was
completed. Dredging of Wiggins Pass is planned to be concurrent with the dredging of Doctors Pass as a
means for cost sharing. An interim dredging event is planned for FY 2020/2021.
PROJECT DESCRIPTION: This project consists of construction and monitoring in Collier County.
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 $923,570.50 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 1 12.061, 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(2)(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:
htt s: floridade ov sites default tiles Ph sicalMonitorin Standards. df
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
DEP Agreement No. 20003, Amendment 1, Attachment 3-A, Page I of 4
Acronyms:
DEP — Florida Department of Environmental Protection
F.A.C. — Florida Administrative Code
F.S. — Florida Statutes
FWC — Florida Fish and Wildlife Conservation Commission
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: Monitoring
State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute
and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest
and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must
be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor
permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate
mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational,
physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses
conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction
environmental monitoring services, or when the Project engineering consultant firm subcontracts for post -
construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and
mangrove resources. Department approval of the consultant's mitigation plan will be required prior to
execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to
comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by
the Department associated with environmental monitoring for the Project listed.
Task Description: This task includes activities associated with permit -required monitoring conducted in
accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must
be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring
Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of
nearshore resources is available in the Department's Standard Operation Procedures For Nearshore
Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products
directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be
eligible for reimbursement under this task, unless otherwise directed.
Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report
signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in
progress during the payment request period and, 2) Documentation of submittal to state and federal
regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under
this task description.
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.
DEP Agreement No. 20003, Amendment 1, Attachment 3-A, Page 2 of 4
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.
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 signed by
Local Sponsor 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 4
Eligible Project Tasks
State
Cost
Share (%)
Federal
Estimated
Project Costs
DEP
Local
Total
l
Imonitoring
50.00°/a
1 1
$204.530.00
$204,530,00
$409 000.00
2
Construction
50.00%
$719,040.50
$719,040.50
$1 438 081.00
TOTAL PROJECT COSTS
S923,570.50
5923,570.50
S1,847,141,00
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
Task
No.
Task Title
Budget Category
Budget
Amount
Task Start
Date
Deliverable
Due Date.
1
Monitoring
Contractual Services
$204,530.00
01/01/19
6130/23
2
Construction
Contractual Services
$711,540.50
01/01/19
6/30/23
2
Construction
Salary/Fringe
$7,500.00
01/01/19
6/30/23
Total:
$923,570.50
DEP Agreement No, 200O3, Amendment t, Attachment 3-A, Page 3 of 4
SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not
exceed those indicated below.
ro
N�■
t
.....
..... .
Project Manager
$3 )9.54
17.20%
Senior Field Inspector
$33 ).23
30.00%
2
Senior Environmental Specialist
$24.47
17.33%
Environmental Specialist
$22.50
17.75%
DEP Agreement No. 20003, Amendment 1, Attachment 3-A, Page 4 of 4
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
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 he
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits andlor monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200,425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedureslprocesses
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 (CFO) 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 2 CFR
§200.330
A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program -
specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT I 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 in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
For the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
A recipient that expends less than $750,00 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at www.efda.gov
Attachment 5
1 of
BGS-DEP 55-215 revised 7/2019
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), 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 (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project -specific audit for such fiscal year in accordance with Section
215,97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the 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 ail 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 II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 21597(8), 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.
f the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), 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 (Le., the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at httys://anWs.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/index.ofm, 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
hqn_//www.myflorida.com/audge,n/.
PART II1. OTHER AUDIT REQUIREMENTS
(NOTF: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215. 97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State f nancial 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 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directs to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200,36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CPR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5
2of7
BGS-DEP 55-215 revised 7/2019
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1 Oth Street
Jeffersonville, IN 47 t 32
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.lZov/facweb/
2. 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 Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSin�leAuditgdeo.state.fl.us
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
1 l 1 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website fta 11flauditor, ag_v/) provides instructions for filing an
electronic copy of a financial reporting package.
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 Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit(&dep.state,fl,us
4. 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 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
Attachment S
3 of 7
BG5-DEP 55-215 revised 7l2019
Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package,
PART V. RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and 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,
Attachment 5
4 of 7
BGS-DEP 55-215 revised 712019
EXHIBIT —1-A
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program
and chnw intnl fadornl re.snurre.s awarded
Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following:
Federal
Program
A
Federal Agency
CFDA
Number
CFDA Title
Fundin Amount
State
Appropriation
Category
Federal
Program
B
Federal ALency
CFDA
Number
CFDA Title
Fundin Amount
State
Appropriation
Cateszory
S
;Vote: Of the resources awarded to the recipient represent more than onefederal program, list applicable compliance requirementsfor eachfederal program in
tho camo manner n.s .shown helrnv-
Federal
Program
A
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i-e.:(eli ibilit re uirement for recipients of the resources
Etc.
Etc.
Federal
Program
S
First Compliance requirement: i.e.. (what services of purposes resources must be used for)
Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)
Etc.
Etc.
Attachment 5, Exhibit 1
5 of 7
RG5-DEP 55-215
Aevf sed 7/2U 19
Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each
forloral nrnaram and chnw tntal watt' re.entrrre.r awarded for matching.
State Resources Awarded to the Recipient Pursuaut to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal
Program
A
Federal Apency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
Federal
Program
B
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
Note: If the resources awarded to the recipient represent more than one stale project, provide the same information shown below for each state project and show
r.,t,l rnvnrA,od thnr is ctrhiori to .cvrtinn 71 S 07_ FN
State Resources Awarded to the Recipient Pursuant
to this A reement Consist of the Followin Resources Sub'ect to Section 215.97 F.S.:
State
CSFA Title
State
Program
State
CSFA
or
Appropriation
A
State Awarding Agency
Fiscal Year
Number
Funding Source Description
Funding Amount
Cate o
Original
FDEP, GR, GAA Line
FY 19-20
37.003
Beaches Management Funding
$76,500.00
140126
#1695
Assistance Program
Amendment
FDEP, LATF, GAA Line #
FY 20-21
37.003
Beaches Management Funding
$50.000.00
I40126
1
1676
Assistance Program
Amendment
FDEP, GR, GAA Line #
FY 10-11
37.003
Beaches Management Funding
$43.42.00
140126
1
1769A
Assistance Pro ram
Amendment
FDEP, GR, GAA Line #
FY 12-13
37-403
Beaches Management Funding
$283,387.9D
140126
1
1669
Assistance Program
Amendment
FDEP, GR, GAA Line it
FY 13-14
37.003
Beaches Management Funding
$34,400.39
140126
1
1626
Assistance Program
Amendment
FDEP, GR, GAA Line #
FY 17- 18
37.003
Beaches Management Funding
$48,421.34
140126
1
1609
Assistance Program
Amendment
FDEP, EMRTF, GAA Line
FY 09-10
37.003
Beaches Management Funding
$4$,382.13
140126
1
41695
Assistance Program
Amendment
FDEP, LATF, GAA Line #
FY 15-1.6
37.003
Beaches Management Funding
$248,243.00
140126
1
1647
Assistance Program
Amendment
FDEP, LATF, GAA Line #
FY 16-17
37.003
Beaches Management Funding
$134,192.32
140126
1
Assistance Program
Attachment 5, Exhibit
6of7
BGS-DEP 55-215
Rerised 7/2019
State
Program
B
State Awarding Agency
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Total Award $923,570-50
Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the
Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that
different requirements pertain to dii Brent amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc) listed under this category.
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.cfda-gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [hops,!/apps.ftdfs.w3idfsaalsearchCatalog.asnx}, and State Projects Compliance
Supplement (Part Four: State Projects Compliance Supplement Fhttps://Wps.fldfs.com/fsaa/state project com liance.as xJ. The services/purposes for which the
funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement.
Attachment 5, Exhibit 1
7 of
6G5-AEP 55-215
Re"Sa 712019
EXECUTIVE SUMMARY
Recommendation to approve a Work Order under Contract 18-7432-CZ to provide engineering
services for Collier Creek Final Permitting, Design, and Construction Services for time and material
not to exceed $179,837.97 to APTIM Environmental & Infrastructure, LLC. and make a finding that
this expenditure promotes tourism.
OBJECTIVE: To obtain professional engineering services and authorization to move forward with the
design of Collier Creek Dredge and Erosion Control Structures and project permitting.
CONSIDERATIONS: Collier Creek meets the Marco River on the north side of Marco Island in Collier
County, Florida, and is flanked to the east by the Ville de Marco West condominium (VDMW) and to the
west by a terminal jetty on Marco Point, the eastern end of Hideaway Beach. This creek is used by local
boaters and visitors to access Collier Bay, residences and the Esplanade Shoppes on Smokehouse Bay.
Residents of Marco Island have raised concerns to Collier County about the safety of boaters navigating
through Collier Creek’s entrance and the amount of scouring that is occurring at the VDMW seawall and
docks. As sand migrates east from Hideaway Beach, it is overtopping the terminal jetty and infilling the
already narrowing entrance to Collier Creek. Collier Creek meets the Marco River at a right angle and
strong currents from the river are creating turbulence along the eastern side of the creek entrance at VDMW.
A feasibility study to identify the current issues and potential solutions at the Collier Creek entrance was
completed by Coastal Planning and Engineering/CB&I in February of 2015. As a result of this feasibility
study, the Board of County Commissioners (Board) authorized the development of a master plan for Collier
Creek with the first step to stabilize the inlet. This interim dredging was completed in 2016 and addressed
these safety concerns for a sufficient period of time to allow the proper investigation and modeling to occur
to design a comprehensive long-term solution.
On April 24, 2017 the Board approved and authorized staff to negotiate a contract with the top ranked firm
CB&I Environmental & Infrastructure, Inc. for subsequent Board approval. CB&I Environmental &
Infrastructure, Inc. is a very experienced consultant with extensive experience throughout Collier County.
Additionally, CB&I has completed the successful modeling and straightening of Wiggins Pass in 2013.
On July 11, 2017 the Board approved Contract 17-7097 with CB&I Environmental & Infrastructure, Inc.
to perform a modeling study and permitting services in preparation for advancing towards a formal design
effort.
This effort will formalize the design and permitting and result in advancing to the construction and final
certification of the project. The scope of work for this project includes the following activities:
Final Design and Engineering
Stakeholder and Agency Coordination
Bathymetric and Topographic Design Surveys
Plans, Technical Specifications, and Bidding Assistance
Construction Administration and Observations
Post-Construction Reporting and Certification
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 on January 14, 2021 and the Tourist Development Council on January 25, 2021.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. – CMG
FISCAL IMPACT: Funding for this work is budgeted in Fund 195, Tourist Development Tax under
project# 90072, Collier Creek Modeling, Jetty Rework and Channel Training. Funding for this work will
not be requested for reimbursement from any grantor agency.
RECOMMENDATION: To approve a Work Order under Contract 18-7432-CZ to provide engineering
services for Collier Creek Final Permitting, Design, and Construction Services for time and material not to
exceed $179,837.97 with APTIM Environmental & Infrastructure, LLC, and make a finding that this
expenditure promotes tourism.
Prepared By: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and
Program Management Division
WORK ORDERIPURCHASE ORDER
Contract t8-7432-CZ "Professional Services Library Coastal Engineering Category"
Contract Expiration Date: March 9, 2025
This Work Order is for professional Engineering Services for- work known as.
Project Name: Collier Creek Final Permitting, Design, and Construction Services
Project No: 90072 , i
The work is specified in the proposal dated October 30, 2020 which is attached hereto and made a part
of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above,
Work Ordcr/Purchase Order # is assigned to: APTIM Environmental & infrastructure,
Inc.
SmRe of Work, As detailed in the attached Proposal and the following.
* 'Cask t Finat Design and Engineering
* Task 2
Final Permitting
* Task 3
Stakeholder and Agency Coordination
* Task 4
Bathymetric and Topographic Design Surveys
• Task S
Environmental Surveys
* Task 5
Plans, Technicat Specifications, and Bidding Assistance
* Task 7
Construction Administration and Observation
* Task S
Post- Construction Reporting and Certification
* Task 9
Sub -Contractor
* gehedule of Work: Complete work within 485 days from the date of the Notice to Proceed which
is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond
the expiration date of Agreement 4 19-7432-CZ will survive and remain subject to the terms and
conditions of that Agreement until the completion or termination of this Work Order.
comp. In In accordance with the Agreement referenced above, the County will compensate the
Firrn in accordance with following tnethod(s)-. []Negotiated Lunip Sum (NLS) ®Lump Sum Plus
Reimbursable Costs (LS+RC) (Time & Material (T&M) (established hourly rate — Schedule B) C]
Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the
attached proposal.
Task 1 —Final Design and Engineering
$24,480.00
T&M/LS
Task 2—Final Permitting
$41,165.00
T&M/LS
Task 3 — Stakeholder and Agency Coordination
$2,465.00
T&M/L8
Task 4 - Bathyrnetrie and Topographic Design Surveys
$43,195.72
T&M
Task 5 - Environmental Surveys
$ 970.00
T&-M
Task 6 - Plans, Technical Specifications, and Bidding Assistance
$18,584.00
T&M
Task 7 - Construction Administration and Observation
$30,939,00
T&M
Task 8 - Post- Construction Reporting and Certification
$10,890.00
T&M
Task 9 - Sub -Contractor
$7,250.25
LS
Total Project Fees. $179,837.97
PRBPARED BY:
Andrew Miller, Pri cipal Proi ct Manager
Da to
APPROVED BY:
Amy Patterson, Department Director Date
APPROVED e�^
Thaddeus Cohen, Department Head D to
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby
discloses, that, to the best of their knowledge and belief, all relevant facts concerning; past, present, or
currently planned interest or activity (financial, contractual, organizational, or otherwise) which
relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully
disclosed.
Additionally, the Firm agrees to notify the Procureinent Director, in writing within 48 hours of
learning of any actual or potential conflict of interest that arises during the Work Order andlor project
duration.
ACCEPTED BY: APTfM :EiY ft etitf t �c Infrastructure, Inc.
!e# ndrsws afc
r
IN WITNESS WHEREOF, the parties Hereto, nave each, respectively, by an authorized person
or agent, have executed this Work Order on the date and year first written below.
, Cleric of Courts
Dated: _
(SEAL)
TType/print witness nameT
Second Witness
T'Type/print witness nameT
Approved as to Form and Legality:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
f i ypciprim siynaLurc anu uuc i
APTIM
October 30, 2020
Andy Miller, P.E,
Principal Project Manager
Collier County Coastal Zone Management
2685 S, Horseshoe Drive
Naples, FL 34104
Re, Collier Creek Final Permitting, Design, and Construction Services
Contract #18-7432
Dear Andy,
APTIM
2481 NW Boca Raton Blvd,
Boca Raton, FL 33431
Tel: +1 561 3918102
Fax: +1 561 391 9116
www.aptim.com
This letter is in response to Collier County's (County) request for a proposal from Aptim Environmental &
Infrastructure, LLC (APTIM) to support the County with final permitting, design, and construction services
for Collier Creek. As the preliminary phase of work has been completed, this proposal will obtain
necessary permits in order to implement the project along with providing the County with pre-, during-,
and post -construction services. A detailed scope of work is attached in Exhibit A and an estimated project
schedule is included in Exhibit D.
Included as Exhibits are: Scope of Work (Exhibit A), Pee Proposal (Exhibit B), Rate Schedule (Exhibit C),
and Subconsultant Proposal (Exhibit D). We propose to perform these services on a time and material
and lump sum basis not to exceed $179,837.97. APTIM will perform this work under the terms and
conditions of Contract No. 18-7432-CZ dated March 10, 2020 and as amended May 2020 between the
County and APTIM. Barring any unforeseen circumstances, ail work will be completed within 485 days
of receiving the County's Notice to Proceed.
Sincerely,
Nicole S. Sharp, P.
Coastal Restoratio Modeling Program Manager
Aptim Environment I & Infrastructure, LLC
U+gbirf signed by
MillerAndrew'AW�`
Dmo, 202,.1 2D2o-11.09
09W,57 -05'00'
Client Authorized Signature
Andrew Miller
Printed Name
Principal Project Manager
Title
AW ]dx Corpo a Signature
Beau C. Suthard _.._..... _ _
Printed Name
Program Director
Title �.
10/30/2020
Date
AAPTIM
cc: Gary McAlpin, P.E., Collier County
Steve Keehn, P.E., APTIM
Beau Suthard, P.G., APTIM
Debbie Neese, APTIM
AAPTIM
E*xhi bit A
Collier Creek Final Permitting, Design, and Construction Services
Collier County, Florida
Scope of Work
INTRODUCTION
This scope of work for Aptirn Environmental & Infrastructure, LLC (APTIM) details the development of
the final engineering, design, and permitting for implementation of the Collier Creek project. This proposal
contains the tasks necessary to bring the project through construction. APTIM will assist the County in
preparing for construction through the development of plans, technical specifications, and bidding
assistance. APTIM will support the County's inspection efforts during construction and will develop post -
construction certifications as required by permits. In addition to the tasks above, the scope of work allows
for contingency field data collection tasks, such as environmental or geotechnical investigations.
Task 1 —Final Design and Engineering
A preliminary design was completed in the previous phase of work, but it needs to be refined for permit
drawings and construction plans. The final design will be based on the latest survey available. The design
will include the lines, grades, volumes, amount of material required for the new channel, groin, jetty and
disposal area. The design will include positioning a warning sign for the new groin and appropriates
navigation markers for the new channel entrance. The new structures will be built with material salvaged
from the existing groins to the extent possible, including sheet pile and stone. The dismantle of the
existing structure will sort material by stone weight or serviceability of the sheet pile. The stone size
design for the structures will be based on wave and current forces. The groin design will include
estimates based on extending the mattress foundation outside the trunk and head of the structures. A
review of the constructability for the channel excavation and removal of jetty's sheet piles will be made
be made prior to construction, These recommendations will be incorporated into the permitting and
subsequent plans and specifications. No additional modeling is expected, although accessing the
modeling database and results may be needed to respond to requests for additional information from the
resource agencies.
The refinement of the permit drawings and construction plans described above will be done on a lump -
sum basis by APTIM as detailed in Exhibit 6. The refinement of the permit drawings will include
coordination between the Senior Engineer with the GIS specialist to design site specific features for the
project within AutoCAD Civil 3D. This will be an iterative process until the optimum design is achieved.
Permit sketches will then be reviewed and signed and sealed by a Professional Engineer licensed by the
State. The remainder of work for this task will be performed on a time and materials basis.
Task 2 — Final Permitting
APTIM will act as the agent for the County throughout the permit application process for the proposed
project. Tt)is task will include professional services to support permitting of the final selected plan
developed in the previous phase of work. Draft permit drawings, supporting attachments, and required
permit forms have been completed, but final quality control, edits and refinement are required prior to
submittal,
The permit application will include detailed drawings and description of the modified channel, removal of
the existing jetty, construction of a new jetty and groin, and disposal of dredged material in an expanded
offshore disposal area. The dredging plan will include material downdrift of the groin to mitigate a no net
,>,APT l M
loss of state lands criteria. The permit application will include a sand management plan to reduce excess
loss of sand into the inlet. Information to be incorporated into the permit application shall include:
• A description of the existing conditions
• Historical background information
• Justification of the maintenance dredging project at Collier Creek
• A written description of the project's design features
• Anticipated construction methods
• Relevant environmental information
• Relevant geological data
• Permit drawings
• Proposed sand management plan
+ Physical and Environmental Monitoring Plans
+ Copies of the Collier Creek Feasibly Report, Modeling Reports, and Management Plan as
appropriate
APTIM wM submit the permit modification request on behalf of Collier County and assist with response
to two (2) Request for Additional Information (RAI) from the permitting agencies to bring the permit
request to completion.
The description of existing conditions and research and reporting of historic background information and
permits described above will be done on a lump -sum basis by APTIM as detailed in Exhibit B.
Background research will include current conditions, project history and documentation, and analysis of
erosion al/accretion a] trends since project implementation_ The remainder of work for this task will be
performed on a time and materials basis_
Task 3 — Stakeholder and Agency Coordination
APTIM will continue to assist the County in their efforts to coordinate with local stakeholders. It is
assumed that the Sand Management Plan is in final form and requires no further coordination under this
task. Coordination with Rookery Bay and the Villa de Marco West Condominium is also anticipated during
the permitting process, This task will allow for coordination and up to one teleconference or virtual
meeting in order to address issues or concerns that may arise.
The coordination and meeting with Rookery Bay detailed above will be done on a lump -sum basis by
APTIM as detailed in Exhibit B. The remainder of work for this task will be performed on a time and
materials basis.
Task 4— Bathymetric and Topographic Design Surveys
APTIM will conduct a bathymetric and topographic survey of selected cross sections and profiles from
the project area_ The survey includes up to nine (9) cross sections of the new channel alignment between
Station -2+00 to 11+06, five (5) beach profiles between H-14 to H-16, and two (2) tie lines in the channel,
In the Marco Point area, the MHW line and the continuous dark green vegetation line will be surveyed
between H-14 and H-16 (80.1 degrees). All pertinent cross sections will extend across the existing jetty
footprint and will include a tie line at the old jetty crest. One survey line across Marco River will be
conducted east of Collier Creek, A pre -construction survey will be conducted to support final design of
the new groin and jetty. A limited survey of the proposed disposal area will be conducted with two tie
lines across the deepest section's cross sections. The surveyor will develop a legal description suitable
for easements to support construction of the channel, groin, jetty, and disposal area. All survey work will
'�A
,A, APT I M
be conducted under direct supervision of the of the registered Florida professional surveyor and mapper
in compliance with Chapter 472 FS and 5J-12 FAC. Recent 2020 monitoring surveys frorn Hideaway
Beach will be incorporated into the survey detailed above to avoid duplication.
Task 5 — Environmental Surveys
A mangrove monitoring plan has been part of the Hideaway Beach Noudshment and Groins since 2012
in order to determine if there is any impact from the jetty. Due to shoreline changes, the extent of the
mangroves has changed with! time, and monitoring is required to determine the present location of the
mangroves. it is assumed that the County will perform the actual survey for this task, which includes
mapping the current location of the mangroves that has been completed as part of the FDEP approved
monitoring plan at Marco Point. During the survey, the County observer will make a visual inspection of
the mangrove shoreline and adjacent forest and make note of any signs of stress or damage to the
mangroves. In addition, the vegetation on the state parcel at Marco Point has grown significantly and is
now covered with a mixed variety vegetation with varying densities. The continuous dark green vegetation
area at Marco Point will be surveyed by the County for delineation and characterized by a scientist in
order to establish a baseline condition. An APTIM biologist will review the results of the County's survey
and assist with questions and coordination as needed.
Task 6 —Plans, Technical Specifications, and Bidding Assistance
APTIM will develop construction plans and technical specifications that will provide the necessary details
to the Contractor to construct the project and adhere to permit conditions. It is assumed that the County
will provide front-end documents, including general conditions, and provide the overall format of the
contract documents such that the technical specifications can be incorporated without duplication as
conflict in terms and conditions.
The construction plans will include plan views and cross -sections sufficient for the construction of the
project_ The plans will provide survey control information which will allow the contractor to control and
construct the channel. The spoil site will be delineated within the disposal locations allowed by FDEP and
USACE permit conditions.
Specifications developed for the project will include: Technical Specifications with Environmental
Protection Summary. We will integrate the permit conditions into the work. The Engineer will provide
plans and specifications in Acrobat and Word format. APTIM will submit copies of the construction plans
and technical specifications to FDEP and request the Notice to Proceed.
APTIM will assist the County in the selection of a dredge contractor for the project. APTIM will attend the
pre -bid meeting by phone and assist the County in answering technical questions as needed during the
bidding process. Once the bids have been opened, APTIM will assist the County in reviewing the bids
and provide a recommendation to the County bases on a review of the submitted bids.
'task 7 -- Construction Administration and Observation
APTIM will attend the pre -construction meeting for the inlet dredging project organized by the County. An
overview of the project and scope of work will be presented along with a review of the construction
methodology, technical specifications and the schedule. The permits will also be reviewed and discussed.
During this phase, the volumes will be updated by APTIM using the contractor's immediate pre -
construction survey.
,*,APTIM
An APTIM engineer will advise County observers on technical matters. The inspection team will be led
by County personnel, who will be responsible for reviewing all the contractor's daily progress and quality
control reports, including turbidity and dredge positioning reports, and compliance with the plans and
specifications to ensure proper removal and construction of the proposed project components. The
County will be responsible to place those reports in the appropriate format and forward them to the FDEP
weekly and at the end of the project in compliance with permit requirements. The APTIM observer will
perform one (1) construction observation per month and report findings to the County and attend one (1)
weekly meeting per week via teleconference. Payment requests and survey data will be reviewed and
recommendations for payment will be made by APTIM during construction.
Task S — Post•Construction Reporting and Certification
APTIM will develop and submit the post -construction engineering report to the FOEP within 90 days
following completion of the post -construction survey, as required by the permit. The report will address
compliance with the plans and specifications, and adherence to the applicable permit and approval
conditions. The report will be based on the contractor's post -construction survey, which APTIM will use
to verify dredge volume and stone removal/placement for final payment. APTIM will use the contractor's
surveys to determine that no impediments remain within the new channel or over -dredge area.
Project closeout and final certification Wl4 be completed for the project. Following notification by the
Contractor that construction activities are deemed to be complete; the County will inspect the construction
areas along with any staging areas used, If applicable, the County will develop a punch list of unfinished
items and present it to the contractor. A final certification of the project will be prepared by APTIM, with
input from the County inspectors. APTIM will provide a written statement of completion and provide the
construction completion certification to the regulatory agencies based on contractor and county supplied
information,
Task 9 — Subcontractor
Coastal Protection Engineering LLC (CPE) will provide professional services in support of Task 2_ CPI=
will assist APTIM with continued support in order to obtain State and Federal permit modifications for
the project. A Senior Marine Biologist will provide support in preparation of permit modification
requests, response to a Request for Additional Information (RAI). and resource agency coordination.
Assumptions
Na geotechnical coring is proposed for this scope of work as it is anticipated to not be required as all
material is being removed from areas previously dredged in recent times.
The County will provide all permit fees directly to the permit agencies and will be responsible for
publication of any public notices.
ICAO
,>, APTIM
Exhibit B
Fee Proposal
ExPlBiT B
ESTIMATED FEE PROPOSAL FOR
COLLIER CREEK F544RL PERMITTING, DESl", AW CONS79'Xn %u SERMES
COLUER
COUNTY BEACH
RENOURFSHMENT PROJECT. Contras[
Nv. 13-743a
page 1 of 2
I
APT]M
Teaa Coll
Senior
I Senior Sersia piarsner.'
Planrrary Marine Coasal
SurwYor and
Senior
Scientlar
Senior
T¢ hnt0
Sur>ry Craw
•2 man
G1S
Specialist
Glerieaf
7ime6
Lpmry Bpm ;
Tasa keen
Engineer
Modeler BFalogixt Engineer
Mapper
M at.6.1 sum
Hourx
suns Hoors Hours
ours'
Hours
lbursl
fFbvrs
IffomlF
st
Coo
40
20 40
a
4.00
SE_376.00
1
F1.1 Design and Engineering
524,466.pp
6 58
8
44
4C
8
6.00
$2,509.00
T
Fim€Panrrieurg
54T,16s.pp
R0
25
2
1
4.00
3R440C
3
Sta4ehnider and Agency Cootdinafion
32,4aS.op
6
4
02
16
136
72
40
5.72
4
el,myme and Tope9mppic Design Surveys
i,.4
$rum
5
G+rsvirorsm@rdil Surveys
fa70.gp
6
I
a
Pura. Ta hni"l Sp r auand.and Bidding Asaiatanu
518,56aA9
24
6 50
60
6
518.564.00
7
Lonstruclion Adninist.1ion and Observsunn
S39,93E.00
'.2L
4 fi0
19
M.939 00
B
Posi Censlf�llen Reporting and C 4ileafien
51d 89A,00
16
2 40
4
id
1U
810,B0C.00
W
I
$7s"5025
9
6ubwnlratm0' 0PE. LLCI
s7,25p.zs
292
45 2. 252
44
6E
4y,
72
165
24
516'.,456,i2
'lAUvdes SX marAwpaNawed per canttaci
3177
S150 $145 312C
5125
I
5153
Sias
5145
S115
S73
13
1.00 €6
Time a Materials Teal
Sit I,O5A_72
$51.634
S5,750 $3,710 530.240
$5,500
S10404
I Si4.MB
610.44D
518.975
ci, 152
5181,058.F2
S18,775.25
Lamy Sp Tan€
518.774.25
p�
B
TOTAL
W5,517.97
.A
1�.r4,�t.,r`�z..��t., �i �l>Z-•12) ,r+4-�� � it1 ��� k3 "tn�S�G„1 1 �f' 9 �•,�� %��'t�, ��J
eveaewp,_a,ywkaaµ,� bft. Gw Gc�xt. aw Pv�a ��sa,Arn SSM.raCwrCW ea.ee 8 rw /•,tssr:_a�v ,n1404.nv
EXHIBIT 8-1
115TIMATED LUMP BUM FEE PROPOSAL FOR
COLLtrA CREEK FINAL PERMITTING, DESIGN. AND CONSTRUCTiOl, SERVICES
COLLIER COUW''r 13EACK RENOURISHMENT PROJECT, Carmael No. 16-7432
Lr,Tp SumTask �
Senior
Senior
Senior Marine
"lean erl
Coastal
Surveyor and
Senior
Beniar
Survey trsw
GM
Clerical
Task It..
Cos[
Engineer
Planner
Biologist
Mapper
Sciemisl
Technician
2 roan
Spacialict
Modelor
Engineer
Houml
lHoursl
11`10urs)--HOuml
jlj..M
jHoursF
Hours
Hours
1Hours)
i
Final Design and Engineering
$S,376.01)
20
4
21J
Z2
5
2 Fhlat Permitting
$2,5a9,DD
4
1
2
4
2
9 Slakeholder and Agency Coordination
4
Bolhymetric and Topographic Design Surveys
Sb.11D
5
En,ironmeldal Surveys
6
Plans, Technical Specifications,and Bidding Assistance
4g.06
7 Construction Administration and Observallon
iD.01Y
8 Pos[-Cenedructlon Repoffirig and Certrficelion
9 Suk.ri"�tvr' ICPE, LLC)
SD.W
' Includes 5% mars -up a➢owed per contmct
'ofi
5
4
24
D
14
j 0
0
5
C
$177
$150
$145
$120
$125
$153
$103
$445
$115
S73
Time & Matealiim Total $3.00
$4 602
$750
$580
$2,880
$0
$2,142
I $0
j $0
$575
30
Lump Sum Total $11,529,00
TOTAL $11,529AC
rc—Ca - 1N e.m,eHa.MCmd,rJm a,.ca dw c—rt ,arrr a,,— ko 9,.dedew,i .
"HaIT B
£STIMATEDFEE PROPOSAL FOR
COLLIER CREEK FINAL PERMITTING, DESIGN, AND CONSTRUCTION SERVIeEs
COLLLR COUNTY REACH RE NOURISHMENT PROJECT, Contract Nn. 16-7432
Pege 2 .1 2
Ta.! rtem
Meals
REAMBURSEABLE EXPENSES
Lodging Mileage I Rental Car
Tolls
EWPAAENT
Surv.y Boat RTK CPS
Oa s Da s(
1
Finei Design and Engineering
2
Final Pemtiffing
3
Sw Keholder and Agency Coordination
d
Batny—irlc.ndTnpograpWDesignSwveya
12
12
k9fi
2
9
3
5
Fnomnmenial$brveys
5
PAans,Techna;al$PaG1k1LTl�nnS, and Bldd'ung Assistance
1
1
1
7—.
7
Construction Administralion and Obse Ilon
6
6
6
9
Pns1-(:onsS4UCtian Raportisug aM Ceid1♦ stS4n
'1
9 S.lxontractort (CPE, LLC5
20
S36,OC
$720.CC
12
$165.OG
si,sw.()0
496
$0.445
$220.72
B
$50.00
$640.00
10
$12.R
$120.00
3
$79000
$2,370.00
3
$495.00
$1,436.00
� l t rana+s�'•'aooubvme,ewn..r��¢,a�e�e,^.rereearo�ru raw c�..n.....��,,,4,�n�,s.�•lfiowv�.c,+'c.a r.. v�v.�yLn'-v 4oz;r.,s.
APT IM
Exhibit C
Rate Schedule
uulu,j.jp, mivr iujjC tw. I rUA{ uU,COD
SCHEDULE B-ATTACHMENT 1
RATE SCHEDULE
— qMAE -- ate -
Principal
$231
Senior Project Manama
5203 _............---- --
Senior Engineer _ _-_ �
$177
Engineer _ -
— ..___$130_ - --
- —Senior Inspector ^ _...._.
_-- $126
Ins eetor
$93
Senior Planner
5150
Planner
5140
__. _..__..._...._—
Senior Designer
Desi ner
$105
Environmental S�iafist _
SCrtipr Er1Ytr4T11lterital Sj-]eCi3li5t...... _
5cientist/Ge012gist
$120
..__....-__._.._.._._ $167 �---.
$115
_^
Senior SciendsVGeolo ist
— -._. $153
Marine Biologist/Hydrogeologist
$120——�
Sensor Marine Sio[ogistlHydrogeolast __-_---
Senior G[S Specialist
__. $145
$155
GIS Specialist -- --
$115
—�----
ClericaVAdministrative -�-��
$73
___--.-...�....�--.._
Senior Technician
$103
Technician
--°r and Map1'er —. _
CADD Technician
$83
--- _- $125
$107
Survey Crew - 2 man
$145_.._
— Survey Crew - 3 man
—__$180
__-..... Survey Crew -_4 man
_ $215
Senior Architect
._.__.. 5160
Architect
5125
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all
inclusive. Hourly rates for additlonal categories required to provide particular project services shall be
mutually agreed upon by the County and firm, in writing, on a project by project basis, as needed, and will
be set forth in the Work Order agreed upon by the parties.
® Grant Funded: The above rates are for purposes of providing estimate(s), as required by the grantor
agency.
Pale 2 of 3
First Amendment to Agreement # 1 S-7a32-C7
Aplim Environmental & Infrastructure, LLC
CAO
APTIM
Exhibit D
Draft Schedule
>, APTIM
Collier Creek
Draft Project Schedule
Task
Start
Stop
Duration (Days)
1 NTP
0
0
0
2 Finalize Permit Application
0
45
45
3 Field Surveys
30
54
24
_
4 County Reviews Permit Application
45
55
10
5 Submit Permit Application to FDEP & Corps
54
60
_
6
6 FDEP Review
60
95
35
7 RAI #1 for FDEP and Submittal
95
155
60
8 Survey Project Area Channel, Structures etc,
.�9
95
140
45
EngineeringT .".`—
140
170-_�----
30
10 Prepare Plans & Specification
14t3
200
BO
11 Bidding
200
245
45
12 Construction
245
425
180
13 Phase I: Remove Jetty Rock and Sheet Pile
245
315
70
14 Phase ll. Build Groin and New Jetty
315
385
70
16 Phase III; Dredge and Disposal
385
425
40
16 Post Construction Reporting and Certification
425
485
60
Notes The Corps permitting and RAI process is not predictable and start of construction will be
determined based receipt of Corps Permit
IE
'�APTIM
Exhibit E
Subconsultant Proposal
IE
CAA
COASTAL
EMGtXEi:.iliNi-
September 24, 2020
Revised October 20, 2020
Nicole Sharp, P.E,
Coastal Restoration & Modeling Program Manager
Aptim Environmental & Infrastructure, LLC
Submitted via email to Nicol _, I,h rm' a tini.Corri
Re: Proposal to Assist with Collier County, Collier Creek Project
Dear Nicole,
COASTAL. PROTECTION ENGINEERING
5301 N. FEDERAL HWY, SUITE 335
BOCA RATON, FL 33487
561-565-5100
This proposal is in response to Aptim Environmental & Infrastructure's (APTIM) request for Coastal
Protection Engineering LLC (CPE) to assist APTIM with continued support to obtain state and federal
permit modifications for Collier CountVs Collier Creek project. A CPE Senior Marine Biologists will
provide support in preparation of permit modification requests, response to a Request for Additional
Information (RAI), and agency coordination.
our fee proposal to provide these services its $6,905.00 as detailed in the attached and will be billed on a
lump sum basis. All work will be performed in accordance with the existing Master Service Agreement
between APTIM and CPE executed July 24, 2019. This cost is limited to a projection of hours and
estimate of effort based on information known at this time_ Should the project or client require
additional services beyond these estimated hours, we will discuss adjustments with APTIM as deemed
appropriate.
If you have any questions, please feet free to coritact me directly at 954-551-2594.
Sincerely,
t. a�tr�V, Mr,�:1
Lauren Floyd
Senior Marine Biologist
Coastal Protection Engineering LLC
Mobile; 954-551-2594
Ifioyd@coasta}protectioneng.com
8e.tni
P.lieiai. --
tnutulu .
Attachment 1
COASTAL PROTECTION ENGINEERING
Page (z
Quote No. 2020086
Submitted to:
APTIM Environmental & infrastructure LLC
2481 NW Boca Raton Blvd, Boca Raton,
Florida, 33431
Client Contact:
Nicole Sharp
nicole.sharp@aptim.com
Project Name:
Date: 10/13/2020
Colfier 18-74320Z (2020) - Senior Marine
Biologist (LF)
Provided by:
Coastal Protection Engineering LLC
5301 N. Federal Hwy, Suite #335
Boca Raton, FL, 33487
Project manager:
Lauren Floyd
Phone:+19545512594
E-mail: Ifloyd@coastal protection en9-com
50 138.10 6,905.00
Subtotal; 6,905.00
Tax: 0.00
Total (USO): 6,905.00
CAO
for Cc�r�.�ty
Adminish- ,, Services Department
Direct Select Farm
Request Date
Contract Now
Proposal Cost Estimate
Construction Cost Estimate
10f2/20
18--7432-CZ
_
$156,520.67
NIA
Requested By (Use name as it appears in Qutfook)'.
Division t Department:
Andrew Miller
Coastal Zone Management
Administrative Agent (If different from Requestor):
Library Category: Coastal Engineering
Vendor Name: Aptim
Work Assignment Title: Final Design & Permitting for Collier Creek Channel Improvements
—�
Description of Requested Services:
Final design and permitting for the channel improvements to Collier Creek based on Collier
Creek Modeling Study performed by Aptim last year.
Justification:
Q Past experience with project
(Select all that apply and explain
I] Continuation of previous work assignment
below)
❑ Unique qualifications
❑ Other
Comments t Explanation of Direct Select:
Aptim worked closely with the County, Marco Island / Hideaway Beach, and permitting agencies
performing the Collier Creek Modeling Study in 2019/2020 and is best suited to provide final
design and permitting based on the earlier effort.
FZequestor: Andrew Miller
Mileartlrew
Signature:MillerAndrew�asmzo2v4o.o7o;4;3S
Date:
p4ba
—
Division Director: Amy Patterson
g -- 0a(er�_a
5i nature:PatterSOn saienzuza1aasts4s.ae
Date:
-04'oa'
Procurement Director:
p
Bi elowCathe 8'i9'alry signed
g 69clorvCalherina
Signature, ��e.z'z°.,ochsr�s�3g
Date:
p4'OC'
EXECUTIVE SUMMARY
Recommendation to approve Amendment No. 1 to Agreement 20CO2 with the Florida Department
of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management Funding
Assistance Program for South Marco Island Beach Nourishment and make a finding that this item
promotes tourism.
OBJECTIVE: To execute Amendment No. 1 to Agreement No. 20CO2 with the Florida Department of
Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding
Assistance Program for South Marco Island Beach Nourishment.
CONSIDERATIONS: FDEP Agreement No. 20CO2 was approved by the Board of County
Commissioners (Board) on September 24, 2019 (Item 16.A.3). The purpose of this Agreement was to
enter into a cost share reimbursement agreement with FDEP for South Marco Island Beach Nourishment
approved by FDEP. Amendment No. 1 to this Agreement increases the amount of funding available for
reimbursement for Monitoring from $48,948.00 to $76,176.00 and adds Task 2 (Design) in the amount of
$20,235.00 and Task 3 (construction) in the amount of $649,932.00. This additional reimbursement is
for the South Marco Island Beach Nourishment which was completed in the Spring of 2020 and the FDEP
permit required physical monitoring.
The execution of the FDEP Beach Funding Assistance Agreement primarily provides funding assistance
for nourishment completed and, to a lesser extent, monitoring work that is underway, or is to be
undertaken in the near future.
FDEP has determined that 26.98% (percent) of the non-federal project costs are eligible for state cost
sharing. FDEP’s financial obligation shall not exceed the sum of $746,343.00 for this project.
ADVISORY COMMITTEE RECOMMENDATIONS: The Coastal Advisory Committee (CAC) will
review this item on January 14, 2021 and The Tourist Development Council will review this item on
January 25, 2021.
FISCAL IMPACT: Approval of this item will allow Collier County to be reimbursed for up to 26.98%
of the total cost to nourish and monitor South Marco Beach through the latest nourishment event
completed in April 2020. This will amount to an additional reimbursement potential of $746,343.00 for
work previously completed to date.
GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan related to
this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority of
vote for approval -CMG
RECOMMENDATION: To approve Amendment No 1 to Agreement No. 20CO2 with the Florida
Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management
Funding Assistance Program for Collier County Beach Nourishment 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
AMENDMENT NO. 1
TO AGREEMENT NO. 20002
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
COLLIER COUNTY
This Amendment to Agreement No. 20002 is made by and between the Department of Environmental Protection
(Department), an agency of the State of Florida, and Collier County, 2685 S. Horseshoe Drive, Unit 103 Naples, FL
34104 (Local Sponsor), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Local Sponsor for South Marco Island Beach
Nourishment effective October 11, 2019; and
WHEREAS, the parties wish to amend the Agreement as set forth herein as the Local Sponsor has requested
updates to the Grant Work Plan, including updating the funding eligibility to increase the state cost share, and the
Department has agreed; and
WHEREAS, the Department is increasing the total amount of funding of the Agreement by $403,271.00 pursuant
to Chapter 161.101(19), Florida Statutes; and
WHEREAS, the Department is increasing the total amount of funding of the Agreement by $294,124.00 from the
Fiscal Year 2020/2021 appropriation to the Project from the Beach Management Funding Assistance Program.
NOW THEREFORE, the parties agree as follows:
1) Attachment 5, Special Audit Requirements, Exhibit 1 is hereby deleted in its entirety and replaced with Exhibit 1-A,
attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 5, Special Audit
Requirements, Exhibit 1 shall hereinafter refer to Exhibit 1-A.
2) The total amount of funding of the Agreement is increased to $746,343.
3) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A,
Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement.
All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms
and Conditions.
4) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant
Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the
Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan.
5) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may
appear between the Agreement and this Amendment, the provisions of this Amendment shall control.
Agreement No. 20002
Rev. 10/8/18
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
1 of 2
Amendment No.: 1
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives
to sign it on the dates indicated below.
Collier County
By: _
Title:
Date:
Florida Department of
Environmental Protection
Bv:
Secretary or Designee
Date:
LIST OF ATTACHMENTSIEXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Tvve Letter/Number
Attachment 2-A
Attachment 3-A
Attachment 5, Exhibit 1-A
ATTEST
CRYSTAL K. KINZEL, CLERK
BY:
Agreement No. 20002
Description
Revised Special Terms and Conditions (2 pages)
Revised Beaches Grant Work Plan (4 pages)
Special Audit Requirements (3 pages)
2 of 2
Anhlovrd as to form and legality
C
Assistant County Attornoy
Amendment No.: 1
Rev. 10/8/18
CAS
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Special Terms and Conditions
AGREEMENT NO.20002
ATTACHMENT 2-A
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 South Marco Island Beach Nourishment. 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 January 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 Cate o
® ❑ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
® ❑ a. Fringe Benefits, for actual costs not to exceed the budget amount
identified in Attachment 3.
❑ ❑ b. Indirect Costs, N/A.
® ❑ Contractual (Subcontractors)
❑ ❑ Travel, in accordance with Section 112, F.S.
❑ ❑ Equipment
❑ ❑ Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
8. 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
Attachment 2-A
1 of 2
Rev.8/10/2020
C
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
liability coverage 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 Grant.
d. Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the
Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed -price subcontracts pursuant to 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.
12. 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.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Additional Terms.
None.
Attachment 2-A
2of2
Rev. 8/10/2020
CAC
ATTACHMENT 3-A
REVISED GRANT WORK PLAN
PROJECT TITLE: South Marco Island Beach Nourishment
PROJECT LOCATION: The Project is located between Department of Environmental Protection (DEP)
reference monuments R-143 and G-4 along the Gulf of Mexico in Collier County, Florida.
PROJECT BACKGROUND: The project consists of nourishment of 1.1 miles of shoreline between DEP
monuments R-143 and G-4 in Collier County. The South Marco Island Beach Restoration was completed
in 1997, with nourishment following in 2007. Nourishment was completed again in 2013, including a storm
recovery component partially funded by the Federal Emergency Management Agency (FEMA) to address
damages sustained during Tropical Storm Fay. The structural repair of five existing erosion control
structures was completed in coordination with the 2013 nourishment project. Nourishment was completed
again in 2016, including a storm recovery component partially funded by FEMA to address damages
sustained during Tropical Storm Debby. Nourishment was completed again in 2020 in response to
Hurricane Irma storm damages.
PROJECT DESCRIPTION: This Project consists of design, construction, and monitoring.
PROJECT ELIGIBILITY: The Department has determined that 53.96 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 $746,343 for this Project or up to 26.98 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:
https•/ floridadep gov/sites/default/files/PhysicalMonitoringStandards.pdf
DEP Agreement No. 20002, Amendment 1, Attachment 3-A, Page 1 of 4
CCA0
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.A.C. — Florida Administrative Code
FWC — Florida Fish and Wildlife Conservation Commission
F.S. — Florida Statutes
FEMA — Federal Emergency Management Agency
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: Monitoring
State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute
and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest
and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must
be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor
permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate
mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational,
physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses
conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction
environmental monitoring services, or when the Project engineering consultant firm subcontracts for post -
construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and
mangrove resources. Department approval of the consultant's mitigation plan will be required prior to
execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to
comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by
the Department associated with environmental monitoring for the Project listed.
Task Description: This task includes activities associated with permit -required monitoring conducted in
accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must
be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring
Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of
nearshore resources is available in the Department's Standard Operation Procedures For Nearshore
Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products
directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be
eligible for reimbursement under this task, unless otherwise directed.
Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report
signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in
progress during the payment request period and, 2) Documentation of submittal to state and federal
regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under
this task description.
DEP Agreement No. 20002, Amendment 1, Attachment 3-A, Page 2 of 4
®'
1�_.
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: 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 3: 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.
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 signed by
Local Sponsor 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.
DEP Agreement No. 20002, Amendment 1, Attachment 3-A, Page 3 of 4
C
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 (%)
Federal
Estimated
Project Costs
DEP
Local
Total
1
Imonitoring
26.98%
$76,176.00
$206,166.48
$282,342.48
2
IDesien
26.98%
$20,235.00
$54,765.00
$75,000.00
3
Construction
26.98%
$6491932.00
$1,759,007.96
$2,408,939.96
TOTAL PROJECT COSTS
1
$746,343.00
$2,019,939.44
$2,766,282.44
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
Task
No.
Task Title
Budget Category
Budget
Amount
Task Start
Date
Deliverable
Due Date
1
Monitoring
Contractual Services
$76,176.00
l/l/2017
3/30/2024
2
Design
Contractual Services
$20,235.00
1/1/2017
3/30/2024
3
Construction
Contractual Services
$645,885.00
l/l/2017
3/30/2024
3
Construction
Salary/Fringe
$4,047.00
l/l/2017
3/30/2024
Total:
$746,343.00
SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not
exceed those indicated below.
Task/Deliverable
Position Title
Hourly Rate
Fringe Rate (%)
Number
Project Manager
$39.54
17.20%
Senior Field Inspector
$33.23
30.00%
2
Senior Environmental Specialist
$24.47
17.33%
Environmental Specialist
$22.50
17.75%
DEP Agreement No. 20002, Amendment 1, Attachment 3-A, Page 4 of 4
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