Agenda 06/13/2023 Item #16B4 (To execute Amendment #2 to Agreement #20CO2 for South Marco Island Beach Nourishment)16. B.4
06/13/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Amendment No. 2 to Agreement
20002 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems
Beach Management Funding Assistance Program to provide additional State reimbursement funding in the
amount of $28,382.96, and extend the project to September 30, 2025, and make a finding that this item
promotes tourism.
OBJECTIVE: To execute Amendment No. 2 to Agreement No. 20002 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. 20002 was approved by the Board of County Commissioners
(Board) on September 24, 2019 (Item 16A3). 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 which was approved by the Board on February 9, 2021 (Item 16.A.19)
increased the amount of funding available for reimbursement for Monitoring from $48,948.00 to $76,176.00 and
added Task 2 (design) in the amount of $20,235.00 and Task 3 (construction) in the amount of $649,932.00. This
additional reimbursement was for the South Marco Island Beach Nourishment, which was completed in the Spring
of 2020, and the FDEP permit required physical monitoring.
Amendment No. 2 increases the reimbursement available for Monitoring (Task 1) by $28,382.96 and extends the
agreement by one year from September 30, 2024, to September 30, 2025.
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 $774,725.96 for this project.
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. The
FDEP Beach Funding Assistance Agreement 200O2 Amendment No. 2 increases the existing grant work plan for
an additional reimbursement potential of $28,382.96 for work previously completed to date. This will amount to a
potential FDEP reimbursement of $774,725.96. Local contribution will be up to 73.02%, or $2,096,756.48 of the
total cost. Funding for this renourishment was provided from TDC Beach Renourishment Fund (195), accordingly,
reimbursements to this agreement will be deposited in Fund (195). The source of funding is Tourist Development
Tax.
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 and authorize the Chairman to execute Amendment No. 2 to Agreement
20002 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach
Management Funding Assistance Program to provide additional State reimbursement funding in the amount of
$28,382.96, and extend the project to September 30, 2025, and make a finding that this item promotes tourism.
Prepared by: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees, and Program
Management Division
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06/13/2023
ATTACHMENT(S)
1.20002 A2 South Marco Island Beach Nourishment (PDF)
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16.B.4
06/13/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.4
Doe ID: 25479
Item Summary: Recommendation to approve and authorize the Chairman to execute Amendment No. 2 to
Agreement 20002 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal
Systems Beach Management Funding Assistance Program to provide additional State reimbursement funding in the
amount of $28,382.96, and extend the project to September 30, 2025, and make a finding that this item promotes
tourism.
Meeting Date: 06/13/2023
Prepared by:
Title: — Capital Project Planning, Impact Fees, and Program Management
Name: Farron Bevard
05/09/2023 12:16 PM
Submitted by:
Title: Division Director - Capital Proi Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program
Management
Name: Beth Johnssen
05/09/2023 12:16 PM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen
Growth Management and Community Development Department Jeanne Marcella
Transportation Management Operations Support
Transportation Management Operations Support
Transportation Management Services Department
Grants
County Attorney's Office
County Attorney's Office
Office of Management and Budget
Grants
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Department
Michelle DAndrea
Brandy Otero
Trinity Scott
Maria Kantaras
Level 2 Grants Review
Colleen Greene
Level 2 Attorney Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Therese Stanley
Additional Reviewer
Christopher Johnson
Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
05/09/2023 3:03 PM
Transportation Management Services
Completed 05/09/2023 3:11 PM
Additional Reviewer Completed
05/10/2023 7:55 AM
Additional Reviewer Completed
05/18/2023 10:07 AM
Transportation Completed
05/25/2023 10:56 AM
Completed 05/30/2023 8:39 AM
Completed 05/30/2023 3:18 PM
Completed 05/30/2023 4:38 PM
Completed 05/31/2023 9:49 AM
Completed 06/02/2023 2:05 PM
Completed 06/05/2023 10:06 AM
Completed 06/07/2023 8:34 AM
06/13/2023 9:00 AM
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AMENDMENT NO.2
TO AGREEMENT NO. 20002
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
COLLIER COUNTY
This Amendment to Agreement No. 20002, as previously amended, (Agreement) 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 (Grantee), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for South Marco Island Beach
Nourishment effective October 11, 2019;
WHEREAS, the parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, the parties agree as follows:
1) The total amount of funding of the Agreement is increased by $28,382.96 to $774,725.96.
2) The Agreement is extended for a 12-month period to begin September 30, 2024 and remain in effect until September
30, 2025. 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.
3) Attachment 2-A, Revised Special Terms and Conditions, is hereby deleted in its entirety and replaced with
Attachment 2-13, Second Revised Special Terms and Conditions, as attached to this Amendment and hereby
incorporated into the Agreement. All references in the Agreement to Attachment 2-A shall hereinafter refer to
Attachment 2-13, Second Revised Special Terms and Conditions.
4) Attachment 3-A, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-13,
Second Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All
references in the Agreement to Attachment 3-A shall hereinafter refer to Attachment 3-B, Second Revised Grant
Work Plan.
5) Attachment 5, Special Audit Requirements, Exhibit 1-A, is hereby deleted in its entirety and replaced with
Attachment 5, Special Audit Requirements, Exhibit 1-B, as attached to this Amendment and hereby incorporated into
the Agreement. All references in the Agreement to Attachment 5, Special Audit Requirements, Exhibit 1-A, shall
hereinafter refer to Attachment 5, Special Audit Requirements, Exhibit 1-B.
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.
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:
Approved as to form and legality
Agreement No.: 20002
Assistant County Attorney
Florida Department of
Environmental Protection
Secretary or Designee
Date: U
0
N
C
d
E
Amendment No.: 2
1 of 2 ATTEST
CRYSTAL K. KINZEL.. CLEW -la
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BY:
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LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Type Letter/Number Description
Attachment 3-13 Second Revised Grant Work Plan (5 pages)
Attachment 2-B Second Revised Special Terms and Conditions (3 pages)
Attachment 5, Exhibit I-B Special Audit Requirements (7 pages)
Agreement No.: 20002
Rev. 3/1 /2022
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
2 of
Amendment No.: 2
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16. B.4.a
ATTACHMENT 3-B
SECOND 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 South Marco Island Beach Nourishment Project includes 1.1 miles of
shoreline and is located between DEP monuments R143 and R148+600' (G4) in Collier County. The
restoration was completed in 1997 and the first nourishment was completed in 2007. The 2013 nourishment
included a storm recovery component with FEMA funds to repair damages from Tropical Storm Fay as
well as the structural repair of five existing erosion control structures. The 2016 nourishment included a
storm recovery component with FEMA funds to repair damages from Tropical Storm Debby. The most
recent nourishment was in 2020, which used dredged material from Caxambas Pass and repaired damages
from Hurricane Irma.
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 $774,725.96 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
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
DEP Agreement No. 20002, Amendment 2, Attachment 3-B, Page I of 5 Q
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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.
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 2, Attachment 3-13, Page 2 of 5 Q
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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 3.1: Construction (Contractual Services)
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.
DEP Agreement No. 20002, Amendment 2, Attachment 3-B, Page 3 of 5 Q
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Task 3.2: Construction (Salary/Fringe)
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: Documentation of work completed by force labor staff including records signed by the Local
Sponsor detailing days/hours of operation of personnel, equipment leases, fuel expenses, and the use of
supplies. For interim payment requests, a Task Summary Report signed by the 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
State
Federal
Task #
Eligible Project Tasks
Cost
Estimated
DEP
Local
Total
Share
Project
M
Costs
1
Monitoring
26.98%
$104,558.96
$282,983.52
$387,542.48
2
Design
26.98%
$20,235.00
$54,765.00
$75,000.00
3.1
Construction (Contractual
$645,885.00
$1,748,054.96
$2,393,939.96
Services)
26.98%
3.2
Construction (Salary/Fringe)
$4,047.00
$10,953.00
$15,000.00
26.98%
TOTAL PROJECT COSTS
$774,725.96
$2,096,756.48
$2,871,482.44
DEP Agreement No. 20002, Amendment 2, Attachment 3-B, Page 4 of 5 a
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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
I
Monitoring
Contractual Services
$104,558.96
01/01/2017
06/30/2025
2
Design
Contractual Services
$20,235.00
01/01/2017
06/30/2025
3.1
1 Construction
Contractual Services
$645,885.00
Ol/O1/2017
06/30/2025
3.2
Construction
Salary/Fringe
$4,047.00
01/01/2017
06/30/2025
Total:
$774,725.96
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%
3.
Senior Environmental Specialist
$24.47
17.33%
Environmental Specialist
$22.50
17.75%
DEP Agreement No. 20002, Amendment 2, Attachment 3-13, Page 5 of 5
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16. B.4.a
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Second Revised Special Terms and Conditions
AGREEMENT NO.20002
ATTACHMENT 2-13
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 is the same as the term of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
® ❑ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
® ❑ a. Fringe Benefits, N/A.
❑ ❑ b. Indirect Costs, N/A.
® ❑ Contractual (Subcontractors)
❑ ❑ Travel, 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
See Attachment 3, Grant Work Plan.
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 2-13
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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. Common Carrier.
a. Applicable to contracts with a common carrier— firm/person/corporation that as a regular business
transports people or commodities from place to place. If applicable, Contractor must also fill out and
return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section
908.11 l(l)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
Attachment 2-B
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according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808
15. Additional Terms.
None
Attachment 2-B
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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 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 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 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.
3. 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 must 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 https://sam.gov/content/assistance-listines.
Attachment 5
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BGS-DEP 55-215 revised 11/8/2022
Packet Pg. 619
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 69I-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 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 II, 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
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
If the recipient expends less than $750,000 in state financial assistance in its fiscal year (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).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://ww%v.myflorida.com/audp,en/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with 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 200.512
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 5
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BGS-DEP 55-215 revised 11/8/2022
Packet Pg. 620
16. B.4.a
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
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 leg AuditQdep.state.fl.us
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (http://tlauditor.govn provides instructions for filing an
electronic copy of a financial reporting package.
3. 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:
FDEPSinjzleAudij@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 5
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BGS-DEP 55-215 revised 11/8/2022
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16. B.4.a
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 5
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BGS-DEP 55-215
revised 11/8/2022
Packet Pg. 622
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