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Backup Documents 06/13/2023 Item #16B 4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1604 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines 41 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the evicention of the Chairman's signature draw n line through routine lines # 1 through #2- complete the checklist. and forward to the County Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office tul 4. BCC Office Board of County Commissioners RL b 3 0103 5. Minutes and Records Clerk of Court's OfficeI an PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above mav need to contact staff for additional or missina information. Name of Primary Staff Andrew Miller — GMD — Capital Project Phone Number 239.252.2922 Contact / Department Planning, Impact Fees, and Program Management tCr_, Farm n ,TUr"1% ( hest a f I Agenda Date Item was 06/13/2023 Agenda Item Number 16.13.4. Approved by the BCC Type of Document FDEP — Agree. No. 20002 — Amend. No. 2 Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) l . Does the document require the chairman's original signature I i 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be FEB signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's FEB si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 06/13/2023 and all changes made during FEB N/A is not the meeting have been incorporated in the attached document. The County an option for Attorne 's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the / an option for Chairman's signature. this line. L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 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: I ) The total amount of funding of the Agreement is increased by S28,382.96 to S774,725.96. 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 terns 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-B, 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-B. 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 I -A. is hereby deleted in its entirety and replaced with Attachment 5, Special Audit Requirements, Exhibit 1-13, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5. Special Audit Requirements, Exhibit I -A, shall hereinafter refer to Attachment 5, Special Audit Requirements, Exhibit 1-B. 6) All other teens and conditions of the Agreement remain in effect. Ifand 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 tenns and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Collier County By: Title: Rick L.oCastro, Chairman Date: _�TUn,! 13. )'Oa. Approv d as to form and legabLy A rcy 20 2 Assistant County Al omey Florida Department of Environmental Protection Bv: t! Secretary or Designee Alex Reed, Director, Office of Resilience and Coastal Protection Date: 6/20/2023 Ameodment No.: 2' A-rrEs'r CRYSTAI_ K. KINIZ.F.L. CLE Attest as to Chair'f Y RO signature only _ _V. 1 ' LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Tyne Letter/Number Description Attachment 3-B Second Revised Grant Work flan (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 - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - of ? Amendment Na.: 2 Rev.311P-022 S ORCP Additional Signatures Digitally signed by Anthony Anthony Sogluizzo Sogluizzo Date: 2023.06.20 08:11:23-04'00' DEP Grant Manager Randall Wilson Digitally signed by Randall Wilson Date: 2023.06.20 10:04:42-04'00' DEP QC Reviewer Local Sponsor may add additional signatures if needed below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Second Revised Special `Perms and Conditions AGREEMENT NO.300O2 ATTACHMENT 2-B These Special 1'erms and Conditions %hall be read together with general terms outlined in the Standard Terms and Conditions. Attachment 1. Where in conflict, these more specific terms shall appl}. 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 tar this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available t'or this Project. c. tiers icc Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. C'ont ensatinn This is a cost reimbursement Agreement. The CiranteC shall be compensated under this Agreement as described in Attachment 3. h. Invoicine. 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 foliowing budget, categories. as defined in the Reference Guiide for State Expenditures, as indicated: Reimbursement Match C'atrgon ® ❑ Salaries/Wages Overheadllndirect/General and Administrative Costs: ® ❑ a. Fringe Benefits. NIA. © ❑ b. Indirect Costs, NIA. ® ❑ Contractual (Subcontractors) ❑ ❑ ']'ravel. 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 flan. 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 Iimits described belo%v. The limits of coverage under each policy Attachment 2-B I o1'3 Kcv. 01 I12022 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 ailernatiyely. Grantee may provide coverage through a sell' -insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, howc,er the minimum insurance requirements applicable to this Agreement are- a. Commercial General Uabilitv Insurance. The Grantee shall provide adequate commercial general Iiahilit) 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 pulicies. The minimum limits shall be $250,000 tar each occurrence and $500.000 policy aggregate. b. Commercial Automobile Insurance. tribe Grantee's duties include the use of a commercial vehicle. the Grantee shall maintain automobile liability, bodily injure. and property damage coverage. insuring clauses for both bodily injury and property damage shall provide enverage on an oceurrencc basis. The Department, its cmployecs. and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as Hollows: $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' Com ensation and i;m JO er's Liabilit • Coverau. The Gran Icc shall provide workers' compensation, in accordance ►%ith Chapter 440. F.S. and employer liability coverage with minimum limits ❑r$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 Qualit] 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 Granice may subcontract work under this Agreement without the prior %kriLien consent of the ❑epartmeni'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 ❑epartment prior to submitting any invoices for subeontracted 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— 6rmlpersonlcorporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also till out and return 111JR 1808 before contract execution] I f Contractor is a common carr'scr pursuant to section 908.1 1 111 l[a). Florida Statutes. the Department will terminate this contract immediately if Contractor is liwnd to be in violation ol'the law or the attestaliun in PUR 1808. b. Applicable to solicitations l"or a common carrier— Before contract execution. the winning Contractor(5) must fill out and return PUR 1808. and attest that it is not wiIIfuIly 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 2 nl'3 Rev. 1 UI I 1 M22 n according to the terms of the federal immigration and Nationality Act. 8 U,3.C. ss. 1101 ct seq. The Department will terminate a contract immediately if Contractor is found to be in violation of'lhe law or the altestalion in PUR 1808 15. Additional Terms. None Attachment 2-S 3 of 3 Acv 10/11/2022 BA 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 R 143 and R 148+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 stonn 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 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 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 6213-36.005(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 pen -nits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: htt s: floridade P.gov/s itesdefault files Ph sicaWonitorin Standards. Pdf One ( l ) electronic copy of al written reports developed under this Agreement shall be for%Aarded 10 thti Department, unless otherwise specified. DEP Agreement No. 20002, Amendment 2, Attachment 3-13, Page 1 of 5 CAO 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 l: 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 287.457{ 17}(a)t 1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor pennittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.457{ 17}(a)(l ), 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; i} 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 CAQ 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 focal 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. Tile Task Summary Report must include the dates and descriptions ofall 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 till, 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 ofsubmittal to the Department affimiing 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 3-8. Page 3 of 5 8 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 wort: 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 staffincluding 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 # r1huihle Project Tasks Cost Estimated DEP Local Total Share Project (%) Costs 1 Monitoring 26.98% 5104,558.96 $282.983.52 5387,542.48 2 Design 26,98% $20235.00 $54,765.00 $75,000.00 3 1 Construction (Contractual 5645,885.00 $1,748.054.96 52,393,93996 Services) 26.98% 3.2 Construction(SalaryfFringe) 510,953.00 $15,000.00 26.98%54,047.00 TOTAL PROJECT COSTS $774,725.96 $2,096,756.4$ 52,871,482.44 DEP Agreement No.'_DCO2, Amendment 2. Attachment 3-13, Page 4 of CRO 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 S104.558.96 01/01/2017 06/30/2025 2 Design Contractual Services S20,235.00 01/01/2017 {16/30/2025 3.1 Construction Contractual Services $645.885.00 01/01/2017 06/30/2025 3.2 Construction Salary/Fringe $4.047.00 01/01/2017 06/30/2025 Total: 5774.725.96 SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and 1dnge rate(s) by position may not exceed those indicated bclnw. Task/Deliverable Number Position Title Hourly Rabe Fringe Rate (%) Project Manager $39.54 17.20% 3.2 Senior Field Inspector $33.23 30.00% Senior Environmental Specialist $24.47 17.33% Environmental Specialist $22.50 17.75% DEP Agreement No. 200O2, Amendment'_, Attachment 3-13, Page 5 of 5 S 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 a Environmental Protection (which may be referred to as the "Department ""UEP", "FDEP" or "G+antol ar other name in the agreement) to the recipient (is hic•h may he r.Prred to as the "Recipient". 'Urantee"oraiher nume in dw agreement} may be subject to audits and/or monitoring by the Department of Environmental Protection, as deser1bed 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, gin -site visits by DEEP Department staff, limited scope audits as defined by 2 CFR 200.425. or other procedures. By entering into this Agreement, the recipient agrees to complti and cooperate' with any monitoring procedures/processes deemed appropriate by the Department of'Envimnmental 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 Nvith any additional instructions provided by the Department to the recipient regarding such audit. The recipient Wrther agrees to comply and cooperate with any inspections. reviews, investigations, or audits deemed necessary by the Chicl' Financial Officer (CFO) or Auditor General. A111)1.1•S 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 CFI §200.330 A recipient that expends S750.000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions oft CFR Part 200. Subpart 1.'. FXHIBiT 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 ttl' 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 b,6 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 I, paragraph 1. the recipient shut 1161fiII the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipiicnt that cxpends less than S750.000 in federal awards in its I iseal year is not required to have an audit conducted in accordance with the provisions of 2 CFR fart 200. Subpart F-Audit Requirements. If the recipient cxpends less than $750.000 in lcderal 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. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet at httpsals;tm.govlconten t�assistanve-listings. attachment 5 1 ol•7 14GS-W 55 215 revreed 111$12022 EA PART 11; STATE FUNDED This part is applicable il'the recipient is a nonstate entity as defined by Section 2I5 97(2), Florida Statutes. In the event that the recipient expends a total amount al'statc financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending .tune 30, 2017. and thereaRcrl, the recipient must have a State single or project -specific audit fior such fiscal year in accordance ►vith 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 organiaations), Rules of the Auditor General. i-- xtIIiirr I to this fbrnt lists the state financial assistance awarded through the DepartmenI 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 I]cpar4ment 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 nonstaw entity liar Federal program matching requirements. 2. In connection ►vith the audit requirements addressed in Part 11, paragraph 1: the recipient shall ensure that the audit complies ►►ith the requirements of Section 215.97(8). Florida Statutes. This includes submission afa 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 -pm Fit organizations). Rules of the Auditor General. 3. 1 fthe recipient expends less than 5750.000 in state financial assistance in its fiscal year ( for fiscal year ending June 30. 201T 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 5750,OW in state financial assistance in its fiscal year. and elects to have an audit conducted in accordance ►with the provisions of Section 2 1597. Florida Statutes• the cost of the audit must he 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 ofState Financial Assistance (CSFA ), a recipient should access the Florida Single Audit Act website located at ht :11 s,ildfs. oinTsiia rDr assistance. In addition to the above ►vebsites. the following websites may be accessed for intormation: Legislature's Website at htt :1.►►►►u.lc .state.fl.uslW •l omelindex, fm, State of Florida's website at t Ih+i►►v m Florida, oml, Department of Financial Services' Website at http:Ilvv►►►%.Ildt', ,.comiand the Auditor General's Websitc at hu :;�►►►►►►.nn Rorida.comhtud enl. PART III: OTHER AUDIT REQUIREMENTS 00TF.: This parr would be used to sped eu;v additional audit requirements imposed by the State mrarding enti(v that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or Stare laws and is nor in corner ii�ith other Federal or State artdil requirements). l'rer;siranl to Seerion 2l5. 97f8), Florida Statues, .State agencies nrav conduct or arrange for audits of Stare f i►rancial assistance that are in addition to audits conducted in accordance with Section 215.97. Florida Statutes. In such an event, the Sate awarding agent v nurst arrange. for funding the fall cost of such additional audits.) PART IV: REPORT SUBMISSION Copies or reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this limn shall be submitted. when required by 2 CFR 200.512. by or on behalf ol'the recipient directly to the Federal Audit Clearinghouse (FAC) as pro► ided in 2 CFR 200.36 and 200.512 A. 'I'he Federal Audit Clearinghouse designated in 2 CFR p200.501(a) (the number of copies required by 2 CFR §200.50](a) should be submitted to the Federal Audit Clearinghouse1. at the following address: Attachment 5 2 of 7 WS•I)FT 55-21.5 revised 11/8/2022 Cq❑ By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or alter January I, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry Svs[cm which can be found at h tt •Ilha r%vster. •ensu; ovl Qcvvebl �. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient dir_ ectly 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 Oflice of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Electronically: FDE.PSin TleAudiuu.dep. statc.11.u.4 13. The Auditor General's Oftice at the Ibllm%ing address: Auditor General Local Government Audits1342 Claude Pepper Building, Room 401 1 1 1 West Madison Street Tallahassee. Florida 32399-1450 The Auditor General's websitc {htt V.//tlauditor, fz o. v I provides instructions for filing an electronic copy ora financial reporting package. Copies of reports or management letters rOLILired by PARE' III of this Attachment shall be submitted by or on behalf of'the recipient directh to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Cnvironmental Protection 01']ice of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Electronically: FDV.'PSinglcAudit'u dep.stutc.11 us Any reports, management letters. or tither intnrmation required to be submitted to the Department (if' Environmental Protection pursuant to this Agreement shalt 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 fnanpmfit and for -profit organi-rationsj, Rules of the Auditor General, as applicable. Attachment 5 3 ol-7 BGS-DEP 55-215 revised 11/812022 n, 5. Recipients, when submitting financial reporting packages to the Department of EnvironmentaI protection For audits done in accordance with 2 CFR 200. Subpart F-Audit Requirements, or C'haptcrs 10.550 {local governmental entities) and 10.650 (non and for -profit organizations). Rules oi'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 Cieneral 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 01711cer, or Auditor Cieneral upon request for a period of three (3) years loom the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 o!' 7 BG5-DEP 55-215 rcvixd I lla12n22 8 MR 5L C fl C CI C CC m V c u � C L V C Q L � a C o G � � d C C L c+ 5 v v L: V U 0 v C a U e Q i^ a o 3 L a. d GO aJ a e, � d C 41 L i 6. �T = U1, 6. C7 s, LT- a+ C C C 03 E C � fs. v; � -xr n nl aNc E N C T N — rr1 E a oc r^ -r oc V GO C C a VIP 0 ri C CJ3 NJ mu Do x C C C �. C r E j x J 2 o �a� = u E J J CZ E v L Q Q C `c cl, _Wi W r C r 'J U q v L L 4d en ma E L �+ _ J: J 3 rn M, e h w J — =1 ,Cd ca a a u C J V a [ C i � 40 rA < L:.yr, J c y � S M _ci 53 to ¢ 3 L Q ~ ~ y C d L .1 a � C J C V C J E t L tc ap .; C •eq G -^ G ^- E rV Y r a rj v u v v Vt O tC 16. 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