Agenda 12/12/2023 Item #16B11 (Execute Amendment No. 1 with the FL. Dept of Environmental Protection Bureau of Beaches to accept additional grant funding for damage caused by Hurricane Ian and Nicole)12/12/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to Agreement No.
23CO3 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems
Beach Management Funding Assistance Program to accept additional grant funding for damage caused by
Hurricanes Ian and Nicole and make a finding that this item promotes tourism.
OBJECTIVE: To approve and accept additional grant funding for eligible beach and dune restoration expenses
along Collier County’s shoreline due to damages from Hurricanes Ian and Nicole.
CONSIDERATIONS: On September 28, 2022, Hurricane Ian passed just offshore from the Collier County coast,
with waves and storm surge causing major damage to the County’s beaches and d unes. On November 10, 2022,
Hurricane Nicole passed to the north of Collier County, but strong winds associated with the storm produced waves
which caused additional damage to the already heavily impacted beaches. The Florida Legislature appropriated
funds by Senate Bill (2022-272-SB4-A) to the Florida Department of Environmental Protection (FDEP) for the
2022 Hurricane Ian and Nicole Emergency Recovery Project which may be used to support local governments in
restoring beaches damaged by these storms.
FDEP Agreement No. 23CO3 for $2,436,457.00 was approved by the Board of County Commissioners (Board) on
July 11, 2023 (Item 16B8). The purpose of this Agreement is to provide FDEP reimbursement of the renourishment
construction costs of the following beaches: Barefoot, Vanderbilt, Pelican Bay, Park Shore, Naples, South Naples,
and South Marco.
This first appropriation was only half the amount of the cost of the damages. The second half of the funds are
included in this amendment and were appropriated by the Florida Legislature through the General Appropriations
Act Section 142, General Revenue Fund. This second appropriation of $2,586,466.40 was only available after July
when the budget was adopted.
The purpose of this amendment is to increase the amount of funding by $2,586,466.40 to $5,022,923.40.
GROWTH MANAGEMENT IMPACT: This item is consistent with the Conservation and Coastal Management
Element of the County’s Growth Management Plan.
FISCAL IMPACT: Approval of this amendment increases the existing grant work plan for an additional
reimbursement potential of $2,586,466.40. This will amount to a potential FDEP reimbursement of up to
$5,022,923.40 for work performed in restoring beaches damaged by Hurricanes Ian and Nicole. Funding for Tourist
Development Tax eligible beach renourishment will be provided from Tourist Development Council (TDC) Beach
Renourishment Fund (1105), Project No. 50280. Beaches not eligible for tourist development tax funding will be
funded using general funds. Accordingly, reimbursements from FDEP for TDC eligible beaches will be deposited
in Fund (1105). Reimbursement for non-eligible beaches will be distributed to general funds. No local match is
required.
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. 1 to Agreement No.
23CO3 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach
Management Funding Assistance Program to accept additional grant funding for damage caused by Hurricanes Ian
and Nicole 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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ATTACHMENT(S)
1. 23CO3_A1 Collier County - 2022 Hurricane Ian and Nicole Recovery Project (PDF)
2. 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.11
Doc ID: 27088
Item Summary: Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to
Agreement No. 23CO3 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal
Systems Beach Management Funding Assistance Program to accept additional grant funding for damage caused by
Hurricanes Ian and Nicole and make a finding that this item promotes tourism.
Meeting Date: 12/12/2023
Prepared by:
Title: – Public Utilities Operations Support
Name: Farron Bevard
11/07/2023 9:24 AM
Submitted by:
Title: Division Director - Capital Proj Plan, Impact Fees – Capital Project Planning, Impact Fees, and Program
Management
Name: Beth Johnssen
11/07/2023 9:24 AM
Approved By:
Review:
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 11/07/2023 10:34 AM
Transportation Management Operations Support Michelle DAndrea Additional Reviewer Completed
11/08/2023 7:48 AM
Transportation Management Operations Support Brandy Otero Additional Reviewer Completed
11/08/2023 3:30 PM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
11/09/2023 11:51 AM
Road Maintenance Ellen Sheffey Additional Reviewer Completed 11/13/2023 2:15 PM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed
11/13/2023 3:11 PM
Capital Project Planning, Impact Fees, and Program Management Raquel Ovares Additional Reviewer Completed
11/13/2023 3:12 PM
Transportation Management Services Department Trinity Scott Transportation Completed
11/14/2023 6:05 PM
Grants Maria Kantaras Level 2 Grants Review Completed 11/21/2023 9:06 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/27/2023 2:26 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/27/2023 2:38 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/27/2023 3:23 PM
Grants Therese Stanley Additional Reviewer Completed 12/01/2023 11:53 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 12/04/2023 11:53 AM
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County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2023 10:21 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
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STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes;
I. Project Title (Project): Agreement Numhcr:
Collier County -2022 Hurricane fun und Nicole Recovery Project 23CO3
2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department)
Grantee Name: Collier County EntitY Type: Local Governm ent
Grantee Address: 2685 South Horseshoe Drive, Naples, FL 34104 FEID:!i9-6flflflfl!i!iH
3. Agreement Begin Date: 9/28/2022
4. Project Number:
1/f di(fer,m from .�,:r�•mtnt .\'11111brr) Project Description: The project consists of construction.
Date of Expiration:
12/31/2025
Pn�jcct l.ocation(s): Collier County
5. Total Amount of Funding: Fundinll Source'! Award #s or I.inc Item A1111ro11riations: Amount ncr Sourcc(sl: @ State □Federal Laws of Florida Chapter 2022-272 SB-I-A
S 2,-136,-IS7.00 0 State □Federal □Grantee Match
Total Amount of Funuing + Grantee Match. if an}:
6. Department's Grant Manager Name: Anthony Sogluizzo
or successor
Address: Beach Management Funding Assistance
2600 Blair Stone Road, I\IS #3601
Tallahassee, Florida 32399
Phone: 850-2-IS-8626
Grantee's Grant Manager amc: Andrew Miller
Address: Collier County
268S South Horseshoe Drive
i'iaples, FL 3-110-1
Phone: 239-2S2-2922
S 2,-136,-IS7.00
or successor
Email: Anthonv.Soeluizzo(ii)FloridaDEP.eov Emai I: Andrew .M iller(ii)colliercountyfl.eov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which arc hereby mcornoratcd bv reference: !!l Attachment I: Standard Terms and Conditions Applicabh: to All Orants Agreements
!!l Attachment 2: Special Terms and Conditions
!!l Attachment 3: Grant Work Plan
!!l Attachment 4: Public Records Requirement�
!!l Attachment 5: Special Audit Requirements
D Attachment 6: Program-Spccilic Requirements
. D Attachment 7: Grant Award Terms ( Federal) •copy a,-ailahlc at blll!�U.i;!!lll. in accordance with §215.985. F.S.
D Attachment 8: Federal Regulations and Terms (Federal)
D Additional Attachmcnts(ifncccssary):
!!l Exhibit A: Progress Report Form
D Exhibit B: Property Reporting Form
!!l Exhibit C: Payment R1."Qucst Summan· Form
D Exhibit D: Quality Assurance Requirements
D Exhibit E: Ad\·ancc Payment Terms and Interest Earned Memo
D Exhibit F: Common Carrier or Contracted Carrier Attestation Form PlJR I KOK
DEi' Agreement No. 23CO3 Rev. I 0125/22 e
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D Additional Exhibits (if necessary):
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 I (a)( I):
Federal /\ward Identification Numbcr(s) (FAIN):
Federal /\ward Date to Department:
Total Federal Funds Obli11.ated by this /\11reement:
Federal /\warding /\gencv:
/\ward R&D? □Yes ON//\
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below, whichever is later.
Collier County
Grantee Name �� < i . � -
(Awhori:ed Signa111re)
Print Name and Title of Person Siuninu
State of Florida Department of Environmental Protection
By
Secretary or Designee
Print Name and Title of Person Siuning
0 Additional signatures attached on separate page.
DEP Agreement No. 23C03
GRANTEE
?/11/2�
Date Signed I I
DEPARTMENT
Date Signed
Rev. I 0/25122
Alex Reed, Director
Office of Resilience and Coastal Protection
7/13/2023
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ORCP Additional Signatures
_______________________________________________
DEP Grant Manager
________________________________________________
DEP QC Reviewer
Local Sponsor may add additional signatures if needed below.
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I. Entire Agreement.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT I
This Grant Agreement. including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement).
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a.Order of Precedence. I fthcrc arc conl1icting 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 I, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment I, 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 dclivCI)' service. or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service dclivcl)· receipt. other mail sen ice 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. lfa different Grant Manager is designated by either party aticr execution ol'this Agreement. notice of the name
and contact information ol'thc new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties· records. A change of Grant Manager docs 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, onl�· by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(I) an increase or decrease in the Agreement funding amount;
(2) a change in Grantcc·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 dclincd in
Attachment 3. Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
( I)task timclincs within the current authorized Agreement period change;
(2) the cumulative transli:r oflirnds between approved budget categories, as dclincd in Attachment 3. Grant Work
Plan. arc 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 scn·iccs if additional lirnding is made available by the
Legislature.
c. All days in this Agreement arc 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 Cirantcc shall be eligible
for reimbursement for work performed on or allcr the date of execution through the expiration date of this Agreement.
unless otherwise spccilicd in Attachment 2, Special Terms and Conditions. l lowcvcr, 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.
Rev. I 0/3/2022
Attachment 1
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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
fi.lrth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that: (I) 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(;) its
employees. subcontractors. and/or subgrantccs shall comply with any security and safcty 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
docs not foreclose Dcpartmcnt °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 Grantce•s expense. If Department's Grant Manager docs not accept the
deliverables within 30 days ofreccipt, they will be deemed rejected.
b. Rejection of Deliverables .. The Department reserves the right to rl.'.icct 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
pcrfbrmancc under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fullill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rl.'.icction of the dcli\·crablc and the associated
invoice. Payment for the rl.'.icctcd deliverable will not be issued unless the rl.'.icctcd 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 alter a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Pavment. 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. one of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee docs not meet a deadline for any deliverable, the Department with reduce the invoice by I% fiJr each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rl.'.icctcd deliverable within the specified
timcframc. Department may, in its sole discretion. request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Cirantcc specif)' the outstanding dclicicncics
in the C' AP. All CAi's must be able to be implemented and performed in no more than sixty (60) calcmlar days.
i. The Grantee shall submit a CAP within ten I I 0) days of the date of the written request from
Department. The CAP shall be sent to the Dcpartmcnl°s Grant Manager for review and appro1 al.
Within ten ( 10) days of receipt of a C'AP. Department shall notify Grantee in writing whether the
CAP proposed has been accepted. I fthc C' AP is not accepted, Grantee shall have ten ( JO) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval ofa CAI' 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 ( I 0) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
docs 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
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require additional or further remedial steps. or to terminate this Agreement for failure to perform.
No actions approved hy Department or steps taken hy Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all dclicicncics arc corrected. Reports on the progress of the CAP will he made to
Department as requested hy 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 hy Department may result in termination of the
Agreement.8.Payment.
a.Pt1ymcnt Process, Su�jcct to the terms and conditions established hy the Agreement. the pricing per dclivcrahlc
established hy the Grant Work Plan, and the hilling procedures established hy Department. Department agrees
to pay Grantee for services rendered in accordance with Section 2 I 5A22. Florida Statutes (F.S.).
h.� The Department is exempted from payment of State sales. use taxes and Federal excise taxes. The Grantee,
however. shal I not he exempted from paying any taxes that it is subject to. including State sales and use taxes, or
for payment hy Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption numhcr in securing such materials. The Grantee
shall he responsible and liahlc for the payment of all its FICA/ ocial ccurity and other taxes resulting from this
Agreement.
c.Maximum /\mount of Agrcemenl 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 Prqjcct arc the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall he paid on a cost reimbursement hasis for all eligible Project costs
upon the completion, submittal. and apprO\·al of each dcli,·crahlc identified in the Cirant Work Plan.
Reimbursement shall he requested on Exhibit C, Payment Request Summary Fonn. To he cligihlc for
rcimhurscmcnt, costs must he in compliance with laws. rules, and regulations applicable to expenditures of Stale
funds, including. hut not limited to. the Reference Guide for State Expenditures, which can he accessed al the
fbllowing wch address:
hllps://www.m\ lloridacfo.com/Di, is ion/ AA/Manuals/documcnts/Rcli:rcncc( iu idcforSlatcExpcnditurcs.pdt:
c.Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized hy Department
pursuant to the Grant Work Plan shall he submitted to Department in sutlicicnt detail for a proper pre-audit and
post-audit to he performed. The Grantee shall only invoice Department for dclivcrahlcs that arc completed in
accordance with the Grant Work Plan.
f.Interim Pavmcnts. Interim payments may he made hy Department. at its discretion. if the completion of
deliverables to date have first hccn accepted in writing hy Department's Grant Manager.
g.Final Payment Rc9ucst. A final payment request should he submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. HoWC\'Cr, all
work pcrfonncd pursuant to the Grant Work Plan must he performed on or hcforc the expiration date of the
Agreement.
h.Annual Appnmriation Contingency. The State's pcrfonnancc and obligation to pay under this Agreement is
contingent upon an annual appropriation hy the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may he
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 he calculated on the prevailing rate used hy
the State Board of Administration. To ohtain the applicahlc interest rate, please refer to:
w,,w .my tloridacfo.com/Di\'ision/ AAN cndors/dcfau lt.htm.
j. Refund of Payments to the Department. Any balance of unohligatcd funds that ha\'C hccn ad\'anccd or paid must
he refunded to Department. Any funds paid in excess of the amount to which Grantee or suhgrantcc is entitled
under the terms of the Agreement must he refunded to Department. ll"this Agreement is funded with federal funds
and the Department is required to refund the ti:dcral government, the Grantee shall refund the Department its
share of those funds.
9.Documentation Required fur Cost Reimbursement Grant Agreements and !\·latch.
If Cost Rcimhurscmcnt or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must he provided to substantiate cost rcimhurscmcnt or match
requirements for the following hudgct categories:
Re\'. I0/3/2022
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a. Salary/Wa�cs Grantee shall list personnel inrnlvcd, 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.Oycrhcadllndjrcct/Gcncral 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 thc cxccssivc ratc.
c. Contractual Costs ISubcontractorsl., 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 Pn�icct. 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 l)cpartmcnt within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumablc and/or noncxpcndablc personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is su�jcct 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 691-73, 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 scr. ices. 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.
1. 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 l)cpartmcnt for tixcd
pricc 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 Dcpartmcnrs 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 su�jcct 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 lcdcral requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.0<1 l,
F.S.
c. 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 spccitic
approval of Department. and docs 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.
I: Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction. or mailing, arc 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; attomcy·s fees or coun costs: civil
or administrative penalties; or handling li.-cs, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress casements, leases, license agreements. or other site access
agreements; and/or obtaining record title ownership of real properly through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
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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 arc used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or F cdcral funds.
to. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Fonn, to Department's Grant Manager describing the work pcrlonncd during the reporting
period, problems encountered. problem resolutions, scheduled updates, and proposed work for the next reporting
period. Quarterly status reports arc 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.
I I. Rctainage.
The following provisions apply if Department withholds rctainagc under this Agreement:
a.The Department reserves the right to establish the amount and application of rctainagc on the work pcrfonncd
under this Agreement up to the maximum percentage described in Attachment 2. Special Terms and Conditions.
Rctainagc 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 rctainagc associated with the work. Failure to pcrfonn 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 notitication to Grantee of the failure to pcrfbrm
that shall result in rctainagc forfeiture. If the Grantee docs not correct the failure to perform within the timcframc
stated in Department's notice, the rctainagc will be forfeited to Department.
c.No rctainagc shall be released or paid for incomplete work while this Agreement is suspended.
J.Except as otherwise provided above, Grantee shall be paid the rctainagc associated with the work, provided
Grantee has completed the work and submits an invoice for rctainagc held in accordance with the invoicing
procedures under this Agreement.
12.Insurance.
a._Insurance Requirements li.>r Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that arc related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c.Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance. a sell".
insured authorization. or other ccrti Ii cation of sci f".insurancc.
d.Dutv 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 alter the cancellation of coverage.
c.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 olliccrs as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13.Termination.
a.Tcnnination 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
notif)' Grantee of the tcnnination for convenience with instructions as to the cflcctivc date of termination or the
specific stage of work at which the Agreement is to be tcnninatcd. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (31) days of the effective date of tcnnination. The
Department shall not pay any invoices received alter thirty (30) days of the effective date of termination.
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b.Tcrmjnatjon 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 foils to fullill any ofits other
obligations under this Agreement. 11: aticr 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 b} law or under this Agreement.
c.Grantee Oblii:ations upon Notice of Termination. A tier receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However. Grantee shall continue work on any portion of the Agreement
not terminated. lfthc 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 providcr(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services al\cr 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 m1uired 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 hy the Grantee in this Agreement or in its application fer funding;
c.Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insutlicienl information;
d.Failure to honor any term of the Agreement;
c. Failure to abide hy any statutory, regulatory, or licensing requirement. including an entry of an order revoking
the certificate of authority granted to the Grantee by a slate or other licensing authority;
f.Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g.Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h.Failure to maintain the insurance required by this Agreement;
i.One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
speci lied 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, ofits continuing ability and willingness to fullill its obligations
under the Agreement:
i.Entry ofan ordcr for rcliefunderTitlc I I ofthe United StatcsCode;
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
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iv.An action by Grantee under any state insolvency or similar law fbr 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
or suspension. Examples of reasons for suspension include, but arc not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. Aller receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (I) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
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, lloods, 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 notil)' Department in writing of the delay or potential delay
and describe the cause of the delay either (I) within ten days atkr 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 dela) is not reasonably
foreseeable, within live days alkr 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, intcrlcrcncc, or hindrance from any cause whatsoever. If
pcrfonnancc is suspended or delayed, in whole or in part. due to any of the causes described in this paragraph, a tier
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 valucofthc Agrccmcnt to Department, in which case Department
may: (I) accept allocated performance or deliveries from Grantee. provided that Grantee grants prclcrcntial 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 arc 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 indemnity, dctcnd, 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 indemnity 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 arc contingent upon
Department giving Grantee: (I) written notice of any action or threatened action: (2) the opportunity to take over
and settle or dclcnd any such action at Grantee's sole expense: and (3) assistance in dclcnding 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 arc governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. llowcvcr, nothing contained herein shall constitute a
waiver by either party of its so\'ercign immunity or the provisions of Section 7611.211, 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.
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d.No pro\'ision in this Agreement shall require Department to hold harmless or indemnity Grantee. insure or assume
liability for Grantee's negligence, wai\'e Department's sovereign immunity under the laws of Florida. or
otherwise impose liability on Department for which it would not otherwise be responsible. Any pro\'ision,
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 ser\'ices rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap ofSI00,000.
20.Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement. including financial consequences for nonperformance. shall limit Department's right to pursue its
remedies for other types of damages under the Agreement. at law or in equity. The Department may. in addition to
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 wai\'er 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 then .. -of or the exercise of any other right.
22.Statutory Notices Relating to Unauthorized Employment and Subc:ontr11c:ts.
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 \'iolation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this pro\'ision in all subcontracts with private organizations issued as a result of this Agreement.
b.Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the con\'icted vendor list, discriminatory \'endor list. or the antitrust violator \'endor 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 sen·ices to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids. proposals. or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, upplier, 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.DiscriminalOQ' Vendors. An entity or atliliate who has been placed on the discriminatory vendor
list may not submit a bid. proposal, or reply on a contract to pro\'ide any goods or ser\'ices to a
public entity; may not submit a bid, proposal. or reply on a contract with a public entity fbr 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.Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust \'iolator
vendor list following a conviction or being held ci\'illy liable for an antitrust \'iolation may not
submit a bid, pruposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity: may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv.Notification. The Grantee shall notify Department if it or any of its suppliers. subcontractors. or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator \'endor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory \'Cndor list or
antitrust \'iolator \'endor list may be directed to the Florida Department of Management Services.
Of'tice of Supplier Diversity, at (850) 487-0915.
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23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal. state and local regulations, including. but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b.No person, on the grounds of race, creed, color, religion, national origin. age, gender. or disability. shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
c.This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising undcr thc terms of the Agreement will be in the courts of the State, and \'Cnuc 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 Ices incurred in connection with disputes arising under the terms of this
Agreement.
24. Build Amtrica, Buy America Act (BABA).
Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure arc
required to comply with the Build America, Buy America Act (BABA). including the following provisions:
a.All iron and steel used in the project are produced in the United Statcs--this means all manufacturing processes.
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project arc produced in the United States-this means the manufactured
product was manufactured in the llnitcd States; and the cost of the components of the manufactured product
that arc mined. produced. or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
c. All construction materials arc manufactured in the United States-this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials. and supplies that arc consumed in, incorporated
into, or af tixcd to an infrastructure project. As such, it docs not apply to tools. equipment, and supplies, such as
temporary scatlblding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor docs a Buy America preference apply to equipment and fumishings, such as mo\'ablc
chairs, desks. and portable computer equipment, that arc used at or within the finished infrastructure project but
arc not an integral part of the structure or permanently affixed to the infrastructure project.
25. Scrutinized Companies.
a. Cirantcc certifies that it is not on the ScrutiniLed Companies that Boycott Israel List or engaged in a boycott of
Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole
option if the Grantee is found to ha"c 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 i fthc 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 Acti\'itics 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., iflcdcral law ceases to authorize these contracting prohibitions then
thl.')' shall become inopcrati\'e.
26. 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 lcgislati\'C 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.
27. Record Keeping.
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The Grantee shall maintain books, records and documents directly pertinent to pcrfonnancc under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department. the State, or their authorized rcprcscntati\'cs shall have access to such records for audit purposes during
the term of this Agreement and for fi\'c (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 fbr audit purposes. Upon request of Department's Inspector General. or other authorized
State otlicial, Grantee shall provide any type of infonnation the Inspector Ucncral deems relevant to Urantcc's
integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial
records. documents, or tiles of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of: ( I) three years a lier the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dos.mytlorida.com/libran·•archivcs/rccords-managl!mcnt/gcncral•r'-"COrds-schcJulcs/1.
28.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, r'--vicw, 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, rcspccti\'cly.
b.Phvsical Access and Inspection. Department personnel shall be gi\·cn access to and may obscr\'c 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 pro\'idc 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
pcrfi.1rmancc 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 pro\'i ions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit I. to Attachment 5. If Department fails to provide an updated '-'OPY ofExhibit 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 I and determine whether the terms ofFcdcral 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 §200.331 for determining whether
the relationship represents that of a subrccipicnt or vendor. For State financial assistance, Grantee shall utilize the
form entitled .. Checklist for Nonstatc Organizations Rccipicnt/Subrccipicnt ,·s Vendor Determination•· (fonn
number DFS-A2-NS) that can be found under the "Links/Forms·· section appearing at the following website:
h ups:\ \apps. tld rs.com \lsaa.
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 C\'aluatc 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 (o\'crhcad. indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30)days of such request.
c.No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds arc not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
arc prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or rccci\'cd fbr one project may not be used to support another pmjcct. Where a
Grantee's. or subrccipicnt's. accounting system cannot comply with this requirement, Grantee, or subrccipicnt,
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
fi.1r 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
Attachment I
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16.B.11.b
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money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used b)· the State Board of Administration. Interest shall be calculated from the datc(s) the
original paymcnt(s) arc 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 sourcc(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall he charged for those recovered costs as
calculated on from the datc(s) the paymcnt(s) arc recovered by Grantee to the date repayment is
made to Department.
111.Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments arc made purely on a cost reimbursement basis.
29.Conflict oflnterest.
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 scrYiccs required.
JO. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
JI. Subcontracting.
a.Unless otherwise specified in the Special Terms and Conditions, all services contracted for arc to he performed
solely by Grantee.
h. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, hut is not limited to. technical or training quali lications. 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 he responsible for the payment of all monies due under any
subcontract. The Department shall not he liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall he solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
c.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 rctlcct 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 0111cc of Supplier Diversity at (850) 487-0915.
g.The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the suhcontractor(s), and without the fault or negligence of either, unless the subcontmctcd products
or services were obtainable from other sources in sufficient time for (irantcc to meet the required delivery
schedule.
J2. 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 fultilling 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.
JJ. 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, proprictal) interests, and
public records. shall survive termination, cancellation, or expiration of this Agreement.
J4. Third Parties.
The Department shall not be deemed to assume an) 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 docs 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 docs not create any third
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
J5. Severability.
Attachment I
11 of 12 Rev. 10/3/2022
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Packet Pg. 1448 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
arc severable to that void provision, and shall remain in full force and effect.
36.Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors. or agents perfonning 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 certi lication or other proofof qualilication. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they arc providing under the Agreement.
37.Assignment.
The Grantee shall not sell, assign, or translcr 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.
38.Compensation Report.
If this Agreement is a sole-source, public-pri\'ate agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report. including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave. i:ash
cqui valcnts, severance pay, retirement benefits, deterred compensation, real-property gil\s, and any other payout.
The Grantee must also in form the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation comes direct!)· from the State or
Federal allocations to the Grantee.
39.Eucution 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 mitten 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.
Rev. 10/3/2022
Attachment I
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ST A TE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. 2JCOJ
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.
I. Scope of Work.
The Project funded under this Agreement is Collier County -2022 I lurricanc Ian and Nicole Recovery Project. The
Pr�jcct is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a.Reimbursement Period. The reimbursement period lbr this Agreement is the same as the term of the Agreement.
b. Extensions. There arc extensions available for this Project.
c. Scn·icc Periods. Additional service periods arc not authorized under this Agreement.
J.Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. ln\"Oicing. 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 a ailability 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 Catcgorv □□ Salaries/Wages
Ovcrhcad/lndircctiGcncral and Administrati\'C Costs: □ □ a. Fringe Benefits. NIA.□ □ b. Indirect Costs, NIA.
l8i □Contractual (Subcontractors) □□ Travel. in accordance with Section 112, F.S. □□ Equipment □□ Rental/I.case of Equipment □□ Misccl lant.-ous/Othcr Expenses □□ Land Acquisition
S. Equipment Purchase.
No Equipment purchases shall he funded under this Agreement.
6. Land Acquisition.
There will be no I.and Acquisitions funded under this Agreement.
7. :\-latch Requirements
Sec Attachment 3. Grant Work l'lan.
8. Insurance Requirements
Rcguircd 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
Re,. I 0/t 112022
Attachment 2
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Packet Pg. 1450 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
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 he required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement arc:
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 olliccrs 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.
h.Commercial Automobile Insurance.
If the Grantee's duties include the use ofa 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 oflicers 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
$200,000/300.000 Hired and Non-owned Automobile Liability Coverage
c.Workers· Compensation and Emplo\'er"s Liability co,eragc.
The Grantee shall provide workers· compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of$ I 00,000 per accident, $100.000 per person, and S500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant.
d.Other Insurance. None.
9. Quality Assurance Requirements.
There arc no special Quality Assurance requirements under this Agreement.
IO. Retainage.
Rctainagc is pcrmiucd under this Agreement. Rctainage 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 wriucn 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 suhmiuing any invoices for
subcontracted work. Regardless of any subcontract. the Grantee is ultimately responsible for all work to be
perliinncd under this Agreement.
12. State-owned I.and.
The Board of Trustees of the Internal Improvement Trust Fund must he listed as additional insured to general
liability insurance required by the Agreement and. if the Grantee is a non-governmental entity, indcmnilicd by the
Grantee.
13. Office of Policy and Budget Re11orting.
There arc no special Ollicc 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 Iii! out and
return PlJR 1808 before contract execution] If Contractor is a common carrier pursuant to section
908.111( I )(a), Florida Statutes, the Department will terminate this contract immediate!) if Contractor is
found to be in violation of the law or the aucstation in PlJR 1808.
b.Applicable to solicitations for a common carrier-Before contract execution, the winning Contractor(sl
must fill out and return PllR 1808, and aucst 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
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according to the tcnns of the federal Immigration and Nationality Act. 8 U.S.C. ss. 1101 ct seq. The
Department will tcnninatc a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
15. Additional Terms.
None.
Rev. I 0/1 I /2022
Attathmcnt 2
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16.B.11.b
Packet Pg. 1453 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
DEP -Florida Department of Environmental Protection
F.A.C. -Florida Administrative Code
F.S. -Florida Statutes
FEMA -Federal Emergency Management Agency
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 I. I: Construction -Barefoot Beach
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 1.2: Construction -Vanderbilt Beach
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. Prqject costs
associated with eligible beach and inlet construction activities include work approved through construction
bids and/or construction-phase engineering and monitoring services contracts. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, physical and environmental
surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization
measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and
all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal
DEP Agreement No. 23C03, Attachment 3. Page 2 of6
16.B.11.b
Packet Pg. 1454 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement
under this task.
Delil'erable: Certification of Completion by a Florida-registered Professional Engineer with
documentation of submittal to the Department affinning 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 1.3: Construction -Pelican Bay
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.
Delil'erable: 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. TI1e
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 1.4: Construction -Park Shore
Task Description: This task includes work perfonned 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
DEP Agreement No. 23C03, Attachment 3, Page 3 of 6
16.B.11.b
Packet Pg. 1455 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
all State or Federal pennits. 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 1.5: Construction -Naples
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 pennits. 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 atlinning 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 1.6: Construction -South Naples
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
DEP Agreement No. 23C03, Attachment 3, Page 4 of 6
16.B.11.b
Packet Pg. 1456 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
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 affinning 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 1.7: Construction -South Marco Island Beach Nourishment Project
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 pennits. 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 affinning 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. 23C03, Attachment 3, Page of 6
16.B.11.b
Packet Pg. 1457 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
Estimated Eligible Project Cost
State Fede ml
Task# Eligible Project Tasks Cost Estimated DEP Local Total Share Project
(%) Costs
I.I Construction -Barefoot 100.00% $0.00 $956,853.89 $0.00 $956,853.89 Beach
1.2 Construction -Vanderbilt 100.000/o $0.00 $13,560.30 $0.00 $13,560.30 Beach
1.3 Construction -Pelican Bay 100.000/o $0.00 $85,:!88.46 $0.00 $85,288.46
1.4 Construction -Park Shore 100.000/o $0.00 $56.:!40.68 $0.00 $56,240.68
1.5 Construction -Naples 100.000/o $0.00 $212,670.54 $0.00 S2 t 2,670.54
1.6 Construction -South Naples 100.00% $0.00 $1,063,170.99 $0.00 Sl,063,170.99
Construction -South Marco
1.7 Island Beach Nourishment 100.000/o $0.00 $48,672.14 $0.00 $48,672.14
Proiect
TOTAL PROJECT COSTS S0.00 $2,436,457.00 so.oo $2,436,457.00
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding deliverable due date.
Task Task Title Budget Category Budget Task Start Deliverable
No. Amount Date Due Date
I Construction Contractual Services $2,436,457.00 9/28/2022 9/30/2025
Total: $2,436,457.00
DEP Agreement No. 23CO3, Attachment 3, Page 6 of 6 8
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Packet Pg. 1458 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
ST A TE OF FLORIDA
DEPARTMENT OF ENVIRONMENT AL 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 perfonnance of services
under the Agreement, Grantee must allow public access to all documents. papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 119.07( I), F .S.
b.The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2.Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term •·contract" means the "Agreement." If Grantee is a "contractor" as
defined in section 119.0701 ( I )(a), F.S., the following provisions apply and the contractor shall:
a.Keep and maintain Public Records required by Department to perfonn 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:Rt\'. 4/2712018 Telephone: (850) 245-2118 Email: public.services@.floridadep.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
Atlachml'nt 4
I of I 8
16.B.11.b
Packet Pg. 1459 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
ST ATE OF FLORI DA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment S
The administration of resources awarded by the Department of Environmental rrotcction (lt'hich may he 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 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 (sec "AUDITS'" below), monitoring procedures may include. but not be limited to,
on-site visits by DEP Department stall� 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 organi1.ation as defined in 2 CFR
§200.330
I. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program
spccific audit conducted in accordance with the provisions of2 CFR Part 200. Subpart F. EXI IIBIT 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 li:dcral 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 of2 CFR rart 200.514 will meet the requirements of this part.
2.For the audit requirements addressed in Part I. paragraph I, the recipient shall fullill the requirements relative
to auditcc responsibilities as provided in 2 CFR 200.S0R-512.
3./\ 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 thi: 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 re�ourccs
obtained from other federal entities.
4.The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFD/\) via the
internet at https://sam.gov/content/assistancc-listings.
BGS-OEP 55-215
Attarhment 5
I of6 re\'iscd l l/8/20�2 8
16.B.11.b
Packet Pg. 1460 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstatc entity as defined by Section 215.97(2). Florida Statutes.
I.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 thcrcallcr), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97. F.S.; Ruic 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.
EXII IBIT I to this fonn 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 nonstatc entities. State
financial assistance docs not include federal direct or pass-through awards and resources received hy a
nonstatc entity for Federal program matching requirements.
2.In connection with the audit requirements addressed in Part II. paragraph I; 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 hy Section 215.97(2). Florida Statutes. and Chapters 10.550 (local
go\'crnmcntal entities) or I 0.650 (nonprofit and for-profit organizations). Rules of the Auditor (icncral.
3.I fthc 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 C\'Cnt 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 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 of State Financial Assistance (CSF A), a recipient should access
the Florida Single Audit Act website located at https://apps.tldfs.com/lsaa for assistance. In addition to the
ahO\c websites. the following websites may he accessed li.lr information: Legislature's Website at
http://www.lcg.statc.tl.u. /Wclcomdindcx.clin. State of Florida's website at bttp·/iwww myl]orjda com/
Department of Financial Services· Website at http://www.lldls.com/and the Auditor General's Website at
http://www.m\tlorida.com/audgcn/.
PART Ill: OTHER AUDIT REQUIREMENTS
(NOTE: This part 11'011/d be used lo spedfy any additional audit req11ireme111s imposed by the State all'arding ellli�v
that are sole(r a mailer of that Stale all'arding e111i1y·s polic y (i.e .. the audit is 1101 required hy l·edeml or Stale fall's
and is 1101 in conflict with other Federal or State audit req11ireme111s). l'11r.ma111 10 Section 215. 97(8), florida Stal/lies,
State agende.r may conduct or arrange for audits of State.financial assistance that are in addition 10 amlitl· cond11c1ecl
in accordance ll'ilh Section 215. 97, l-1oricla S1a1111es. /11 such an el'elll, the State all'arcling agency 11111st arrange for
funding the full cost of such additional a11cli1s.)
PART IV: REPORT SUBMISSION
I.Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required hy PART I of this form shall be submitted, when required by 2 CFR 200.512, hy
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 §200.50 I (a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
BGS-DEP 55-�15
Attachment 5
2of6
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Packet Pg. 1461 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville. I 1 47132
Suhmissions of the Single Audit reporting package for fiscal periods ending on or allcr January I,
2008. must he submitted using the Federal Clearinghouse's Internet Data Entry System which can
he found at http://harvester.ccnsus.gov/facweh/
2.Copies of financial reporting packages required hy PART II of this Attachment shall he suhmitted hy or on
hchalf 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
Ollice of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSinglcAudit,(i'dep.statc.11.us
B.The Auditor General's Ollice at the lbllowing address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee. Florida 32399-1450
The Auditor General's wehsite (http://llauditor.govD provides instructions for liling an
electronic copy ofa financial reporting package.
3.Copies of reports or management letters required hy PART Ill of this Attachment shall he submitted hy or
on hchalfofthe recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Autlit Director
Florida Department of Environmental Protection
Ollice of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSinulcAuditmdcp.statc.11.us
4.Any reports. management letters. or other information n.-quired to he submitted to the Department of
Environmental Protection pursuant to this Agreement shall he suhmitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters I0.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
UGS,DEP 55,:?15
Attachment 5
3 of6
r<!vised 11/8/202:?
16.B.11.b
Packet Pg. 1462 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
5.Recipients, when submitting financial reporting packages to the Department ofEn\'ironmcntal Protection for
audits done in accordance with 2 CFR 200. Subpart F-Audit Requirements, or Chapters I 0.550 (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 deli\'ered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sullicient records demonstrating its compliance with the terms of the award and this
Agreement for a period of fin (5) years from the date the audit report is issued. and shall allow the Department of
En\'ironmcntal Protection, or its dcsigncc. Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers arc made available to the Department of Environmental
Protection, or its dcsigncc. Chief Financial Olliccr, 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 Em·ironmcntal Protection.
AGS-OEP 55-215
Attachment 5
-I of6 rt,·ised 11/8/:!022 8
16.B.11.b
Packet Pg. 1463 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
EXHIBIT-I
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note: If the resources all'arclecl to the recipient represent more than one fee/emf progmm, pro1•icle the same it1formmion shown be loll' for each federal program
,,al federa
Fedual Resources Awarded to the Recipient Pursuant to this Aerrrment Consist of the Followine:
Federal State
Program CFDA Appropriation
A Federal Aecnc\' Numhcr CFO/\ Title Funding Amount Catc1mrv
Federal State
Program CFO/\ Appropriation
Federal Al!encv Numhcr CFO/\ Title Fundinl! Amount Catcl!orv
Note: Of the resource.f all'arclecl to the recipiem represent more than onefecleml program. list applicable compliance req11ireme111sfor eachfecleral program in
he same manner as .fhown bet,
Federal
Program
Federal
Program
8
First Compliance requirement: i.e.: (what services of purposes n:sourccs must he us�-d for)
Second Comoliancc rcLJuircmcnt: i.c:.:(dil!ihilitv rc:LJuirc:mc:nt for rc:d11ic:11t� of the: rc:soun:esl
Etc.
Etc.
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance rcLJuircmcnt: i.e.: (cligihilit1· rcLJuircment for recipients of the resources)
Etc.
Etc.
Attachment 5, E,hibit I
5 of6
16.B.11.b
Packet Pg. 1464 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 :
®
l\'01e: If the resources awarded to the recipient for matching represent more than one.federal program. proi·ide the same information shown below for each
..
Stair Rrsourcrs Awarded to 1hr Rrcipirnl Pursuant to this 1 ,grrrmrnt Consist of 1hr Followin!!. Matchin.2 Rrsourcrs for Frdrral Progr ms:
J."rdrral State
Program Appropriation
A Federal Al!cm.·y CFOA CFDA Title Funding Amount Cate1?orv
Frdrral State
Program Appropriation B Federal Agcnc,· CFDA CFDA Title Funding Amount Catel!orv
Note: If the resources awarded to the recipient represent more than one state project. proi·ide the same information sholl'n heloll'for each state project and shell'
otal swte financial assistance awarctctt Iha/ is s11btec1 to sec/ion i I). Y /, t·.s.
Stair Rrsourcrs Awarded to 1hr Rrcipirnl Pursuant to this Aerrrmrnl Consist of 1hr Followine Rrsourcrs Subject to Section 21S.97, F. :,.:
Stair CSFATitle State
Program State CSFA or Appropriation
A State Awarding Agcnc}· Fiscal Year 1 Numhcr Funding Source Dcscrintion Fundinl! Amount Catcgor,
Original Florida Department of 2022-2023 37.113 Laws of florida Chapter 2022-272 $2,436.457 .00 087752 Environmental Protection S84-A
Stair CSFA Title State
Program State CSFA or Appropriation B State Awarding Al!ency Fiscal Year 2 Numhcr Funding Source Descrintion Funding Amount Categorv
Total A ward I $2.436.457 .00
Note: I.isl applicable compliance requirement in the same ma1111er as illustrated ahoi·eforfedera/ resources. For matching resources provided by the Departme111
for DE,. for federal programs. the rcquirement.v might he similar lo 1he requirememsfor the applicable federal programs. Also. lo the extent that dijfere111
retfuireme11ts pertain to different amount for the non:federa/ resources, there ma,v he more than one grouping (i.e. I. 2. 3. etc.) Ii.tied under this category.
For each program identified ahove .. the recipient shall comply with the program requirements descrihcd in the Catalog of Federal Domestic Assistance (CFDA)
[https·//sam.cuv/contcnUassistance-ljstincs) and/or the Florida Catalog of State Financial Assistance (CSFA) (https:/lapps.llJls.com/fsaa/searchCatalu,;.aspx ] .. and
State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement (https://apps.lldfs.com/fsaa/statc nroicct com,uliancc.asnx]. The
scrYices/purposes for which the funds are to be used arc included in the Agreement"s Grant Work Plan. Any match required hy the Recipient is clearly indicated
in the Agreement.
1 Suhjt.-ct to change hy Change Order.2 Suhject to change hy Change Order.
80S-OEP �� .. !I� knis-td 7120\9
Attachment S, Exhibit 1
6of6
16.B.11.b
Packet Pg. 1465 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 :
E:XHIHIT A
FLORIDA DE:PARTME:NT OF E:NVIRONME:NTAL PROTECTION BE:ACH MANAGE:ME:NT FUNDING ASSISTANCE: PROGRAM QUARTERLY PRO.IE:CT PROGRESS REPORT
Name of Project: Colli« cuu .. y • 20l2 llurnC.11( lln ,od N"ol< R,co,c,y l'rujM
Local Sponsor: Collia-County
--_,:_ _______
DE:P Agreement Number: _23_CO_J __
Report Year:___ Report Period (select one): □ Ql:Jan-Mar31 D02:Apr-Jun30 Do3:Jul-Sep30 Do4:0 ct-Dec31
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 I: ________ _
Task 2: ---------
Task 3: ________ _
Task 4: ________ _
DEP Agreement No. 23C03, Exhibit A, Page I of I
16.B.11.b
Packet Pg. 1466 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
EXHIBIT C
FLORIDA DEPARTMENT or ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT
PART 1 -PAYMENT SUMMARY
Name of Project: Collier County-2022 Hurricane Ian and Nicole Recovery Project
Local Sponsor: Collier Countv
DEP Agreement Number: 23CO3
Remittance Mailing Address: ________________________ _
Billing Number:�----
Billing Type: D Interim Billing 0 Final Billing
Costs Incurred This Payment Request:
Federal Share• State Share
$ ______ _ $ ______ _ •if applicable, check box below
0FEMA 0USACE
Cost Summary:
State Funds Obligated $ ______ _
Less Advance Pay
$ _____ _
Less Previous Payment $ ______ _
Less Previous Retained
$ ______ _
Less This Payment
$ _____ _
Less This Retainage
$ ______ _
State Funds Remaining
$ -------
DEP Agreement No. 23C03, Exhibit C, Page I of 6
Local Share Total
$ ______ _ $ ______ _
Local Funds Obligated
$ ______ _
Less Advance Pay
$ ______ _
Less Previous Credits
$ ______ _
Less This Credit $ ______ _
Local Funds Remaining
$ ______ _
8
16.B.11.b
Packet Pg. 1467 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
DEP Agreement Number: ________ _
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PR.OGRAM REQUEST FOR PAVMENT
PART 2 -REIMBURSEMENT DETAIL
Name of Project: _______________ _Individual Completing Form (2): ____________________ _ Billing Number: ______ _ Phone Number (2): _________ _
Billing J>criod (I): _______________ _ REIMBURSEMENT DETAIL
"lo f'tdtral Son-THk sow ln,·oict F.l�lb� Sh•tt or lt,m Vtndor tn,·oic, Invoice Chttk Number Sumbtr Amount Amount f'td Eli,:iblt f'tdtral
II Namr Numbt-r Oatt Sumhtr (l) (JI (4) (!I) Sharr Amount Sh•rr
(6) (7) (Ill
. .
I . Tolal� .
Total Due to Local Sponsor (15) _________ _
form Instructions:
l. Billing Period· Period when services were conducted (heginning date. earliest dale of services conducted: end date: latest date of SCJ'\'tces conducted).
1. Person responsible for completing this form: Name and phone number if contact 1s nced<-d.
% Stair Stair Sharr Shatt (IOI ('.I)
so.no
lac•I
Sharr
till
0.00
. .
3. Task #/SOW #: lnsett a Task #/SOW# for each in,-01cc:. If invoice covers multiple Task#/SOW#. then that in,oice should be listed multiple times, a lone item for each deliverable.
4. Invoice amount Full amount of mvoice.
5. Eligible Amount: Invoice amount paid hy Local Sponsor less ineligihk cost for line item deliverable only.
6. % Federal Share· If apphcahlc. the federal cost share percentage hsted in Agreement
7. Fedeml Share ufEhgible Amount If applicable, Local Sronsor will multiply Eligible Amount 151 �%Federal Share (6).
R Non-fe.Jeral Share. Ehg1hle Amount (51 minus Federal Share of Eligible Amount ( 71
9. % State Share: The state cost share percentage listed in Agreement
10. Stale Share: Mulllply Non-Fede.al Share (8) hy % State Share (9).
11 Local Share. Subtract State Share ( I 0) from Non-Federal Share I 8).
12 Requested Rc:taonage Payment' Requires separate line for each completed Task. Sub-Task and or Ochverahle that retamagc 1s hcmg rcquest<-d.
13. Wrthheld Retama gc:: Muhiply State Share I 10) hy 10"/4.
14. State Payment Subtract Wrthheld Retainage (13) liom State Sharc(I0).
IS. Total l)uc lo Local Sponsor: Add Rftainage !••ymcnt Total ( 12) lo State Payment Total (14).
Pltast rtdact all s,,n,ilin finandal inrormation from 1hr in,·oicrs and olhtr suprorting documrntalion lo hr suhmillrd with this Paymtnl Rrqurst f'orm.
••For queslmns or concerns regarding this form please contact the 81"-IFA Fiscal Administrator, fkachc,-_Fulld111:.;ir,Fl,uul:,l>f:1'...ggv (£)Agreement No. 23C03. Exhibit C, Page 2 of6
() 0
Rtqutsttd \\'ilhhtld s, ••• RtlMinai• Rtlainai• Paym,nt Paymrnl (IJ) (14) (12)
0.00 0.00
. . .
16.B.11.b
Packet Pg. 1468 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 :
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT
PART 3-INVOICE REPORT
Name or Project: Col lier County -2022 Hurricane Ian and Nicole Recovery Project
Local Sponsor: Collier County
DEP Agreement Number: 23CO3
Billing Number: _____ _
Billing Period: ______ _
(Describe progress accomplished during the billing 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 following format should he followed:
Task I:
Progress for this invoice hilling period:
Identify any delays or problems encountered:
DEP Agreement No. 23CO3, Exhibit C. Page 3 of6
16.B.11.b
Packet Pg. 1469 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
16.B.11.b
Packet Pg. 1470 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT
PART 5-COMPLETION CERTIFICATION
Name of Project: Collier County -2022 Hurricane Ian and Nicole Recovery Project
Local Sponsor: .Collier County
DEP Agreement Number: .23CO3
Task Completion D (List Tasks) ------
Agreement Completion D
• 1 hereby certity that the above mentioned project task(s) 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 final
federal accounting has been completed.
Name of Project Manager Signature of Project Manager Date
DEP Agreement No. 23C03, Exhibit C, Page 5 of 6 9
16.B.11.b
Packet Pg. 1471 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART 6-ENGINEER'S CERTIFICATION OF PAYMENT REQUEST I, __________________ . being the Professional Engineer retained by
(name of Professional Engineer)
------------,----------· and responsible for overseeing construction of the Project
(name of Grantee)
described in the Agreement and do hereby certify that for DEP Agreement No. ____ and Payment Request No._:
I. All permits and approvals required lbr the construction. which is underway. have been obtained.
2. Payment is in accordance with construction contract provisions.
3. Construction up to the point of this payment request is in compliance with the approved plans and permits.
4. Equipment, materials, labor, and services represented by the construction invoices have been sati factorily purchased
or received and applied to the project in accordance with construction contract documents filed with and previously
approved by the Department of Environmental Protection.
Professional Engin�'Cr (Physical Signature ltequin:d)
Hrm or Atliliation
(Date) (1'.E. Number)
DEP Agreement No. 23C03, Exhibit C, Page 6 of6
16.B.11.b
Packet Pg. 1472 Attachment: 23CO3 Collier County – 2022 Hurricane Ian and Nicole Recovery Project (27088 : Recommendation to approve and authorize the