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Backup Documents 12/12/2023 Item #16B 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office an& I2' �a�a3 4. BCC Office Board of County Commissioners RL /S/ ii/iz f 23 5. Minutes and Records Clerk of Court's Office /4 43 9�c PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Andrew Miller—GMD—Capital Project Phone Number 239.252.2922 Contact/ Department Planning,Impact Fees and Program Management Agenda Date Item was 12/12/2023 Agenda Item Number 16.B.3 Approved by the BCC Type of Document Amendment No. 1 — 21CO1 — Collier Beach Number of Original 1 Attached Renourishment Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature AAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AAM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. >-. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AAM amkignatuzsiend initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 12/12/2023 and all changes made during AAM the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the AAM BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1683 AMENDMENT NO. 1 TO AGREEMENT NO,21C01 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY This Amendment to Agreement No. 21C01 (Agreement)is made by and between the Department of Environmental Protection(Department),an agency of the State of Florida,and Collier County,2685 South Horseshoe Drive,Unit 103,Naples, Florida,34104(Grantee),on the date last signed below. WHEREAS,the Department entered into the Agreement with the Grantee for Collier County Beach Nourishment effective January 1,2019; WHEREAS,the parties wish to amend the Agreement as set forth herein. NOW THEREFORE,the parties agree as follows: 1) The total amount of funding of the Agreement is increased by$173,758.00 to$6,061,823.00. 2) The Agreement is extended for a 24-month period to begin December 31,2023 and remain in effect until December 31,2025. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 3) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A, Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A,Revised Special Terms and Conditions. 4) Attachment 3,Grant Work Plan,is hereby deleted in its entirety and replaced with Attachment 3-A,Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A,Revised Grant Work Plan. 5) Attachment 5,Special Audit Requirements,Exhibit I, is hereby deleted in its entirety and replaced with Exhibit 1-A, attached and hereby incorporated into the Agreement.All references in the Agreement to Attachment 5,Special Audit Requirements,Exhibit 1,shall hereinafter refer to Exhibit I-A. 6) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Collier County Florida Department of (��-----~� Environmental Protection By: --- By: Secretary or Designee Alex Reed,Director Rick LoCastro, Chairman Office of Resilience and Coastal Protection Date: _J2/j 2 /z3 Date: 12/20/2023 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: •�R tor . Q`..., Approved as to form and legality A reemdnt N • � i1 Amendment No.: I ATTEST' CRY6V1 ie0 4L,C4Elk t Assistant County ttorney � G- ess to man' Hy_ • signature only Pd 16B3 Specify Type Letter/Number Description Attachment 2-A Revised Special Terms and Conditions(3 pages) Attachment 3-A Revised Grant Work Plan(5 pages) Attachment 5,Exhibit 1-A Special Audit Requirements(3 pages) • . j is s � ' I Agreement No.:21 CO I Amendment No.: 1 2of2 Rev.I0/8/18 Glp ti 16B3 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO.21C01 ATTACHMENT 2-A These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment I.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Collier County Beach Nourishment.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a, Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are extensions available for this Project. c, Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a, Compensation,This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. is 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ►: ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ® p a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. 0 Contractual(Subcontractors) ❑ 0 Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ 0 Land Acquisition S. Equipment Purchase. No Equipment purchases shall be funded under this Agreement, 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements See Attachment 3,Grant Work Plan, 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below, The limits of coverage under each policy Attachment 2-A I of 3 Rev.Son 1/2022 Goa 16B3 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: j a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers'Compensation and Employer's Liability Coverage. The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10%of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and,if the Grantee is a non-governmental entity,indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable,Contractor must also till out and return PUR 1808 before contract execution.If Contractor is a common carrier pursuant to section 908.1 11(1)(a),Florida Statutes,the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier—Before contract execution,the winning Contractor(s) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States Attachment 2-A 2of3 Rev.10/11/2022 cP° ► 16B3 according to the terms of the federal Immigration and Nationality Act,8 U.S.C.ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. None ifP ftt Attachment 2-A 3 of 3 Rev.10/1 1/2022 00,0 I 6 B 3 • ATTACHMENT 3-A REVISED GRANT WORK PLAN PROJECT TITLE: Collier County Beach Nourishment PROJECT LOCATION:The Project is located between Department of Environmental Protection(DEP) reference monuments R22 and R79 along the Gulf of Mexico in Naples in Collier County, Florida. The Project includes 7.7 miles, among three segments of shoreline within Collier County: Vanderbilt Beach, approximately 1.5 miles between DEP monuments R22 to R31; Park Shore, approximately 2.5 miles between DEP monuments R42 to R54.4; and Naples, approximately 3.7 miles between DEP monuments R58 to R79. PROJECT BACKGROUND: The Collier County Beach Nourishment Project includes 7.7 miles of shoreline and is located between DEP monuments R22+300' and R79 in Collier County. The Project consists of three segments: Vanderbilt, Park Shore, and Naples as well as the maintenance dredging of Doctors Pass as a sand source for Naples Beach and erosion control structures adjacent to Doctors Pass for sand retention. Restoration was completed in 1996 and six nourishments have been completed using offshore or upland sand sources,with the most recent completed in 2020.Dredged material from Clam Pass and Doctors Pass have also been used to nourish shorelines adjacent to the inlets.The next nourishment is scheduled for 2021/2022 and will place material from Doctors Pass onto Naples Beach. Staff have determined that 84.76%of the project is eligible for state cost sharing, but the project eligibility and state cost share percentage is under review by the Department. PROJECT DESCRIPTION: This project consists of construction and monitoring. PROJECT ELIGIBILITY:The Department has determined that 84.76 percent of the non-federal Project cost is eligible for state cost sharing.Therefore,the Department's financial obligation shall not exceed the sum of$6,061,823.00 for this Project or up to 42.38 percent of the non-federal Project cost,if applicable, for the specific eligible Project items listed,whichever is less.Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share.The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code(F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061,Florida Statute(F.S.). Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B-36.005(1)(d),F.A.C.,the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment,and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below.All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item.The monitoring standards may be found at: DEP Agreement No,21 CO1,Amendment I,Attachment 3-A,Page 1 of 5 S 16B3 https://floridadep.gov/sites/default/files/PhysicalMonitoringStandards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department,unless otherwise specified. Acronyms: DEP—Florida Department of Environmental Protection F.A.C.—Florida Administrative Code FWC—Florida Fish and Wildlife Conservation Commission FEMA—Federal Emergency Management Agency F.S.—Florida Statutes TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2,for all tasks identified below,which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables.Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1,1: Construction(Contractual Services) Task Description:This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction-phase engineering and monitoring services contracts.Eligible costs may include mobilization,demobilization,construction observation or inspection services,physical and environmental surveys,beach fill,tilling and scarp removal,erosion control structures,mitigation reefs,dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and ail 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. F Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. is DEP Agreement No.21C01,Amendment 1,Attachment 3-A,Page 2 of 5 } CA0 } 16B3 Task 1.2: Construction(Salary/Fringe) Task Description:This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction-phase engineering and monitoring services contracts. Eligible costs may include mobilization,demobilization, construction observation or inspection services,physical and environmental surveys,beach fill,tilling and scarp removal,erosion control structures,mitigation reefs,dune stabilization measures and native beach-dune vegetation.Construction shall be conducted in accordance with any and all State or Federal permits.The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Documentation of work completed by force labor staff including records signed by the Local Sponsor detailing days/hours of operation of personnel, equipment leases, fuel expenses, and the use of supplies. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities,surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 2: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(l),F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor pennittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan,consistent with Section 287.057(17)(a)(1),F.S.,including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant,that addresses conflicts of interest when contracting multi-disciplinary firms for Project engineering and post-construction environmental monitoring services,or when the Project engineering consultant firm subcontracts for post- construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision,the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit-required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task,unless otherwise directed. DEP Agreement No.21 COI,Amendment I,Attachment 3-A, Page 3 of 5 GPD 1663 Deliverable: For each interim or final payment,the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data,surveys and final reports for permit-required work under this task description. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost State Federal Cost Estimated Task# Eligible Project Tasks Share Project DEP Local Total (%) Costs Construction(Contractual 1,1 42.38% $5,640,778,00 $7,669,222.00 $13,310,000.00 Services) 1.2 Construction(Salary/Fringe) 42.38% $63,570.00 $86,430.00 $150,000.00 2 Monitoring 42.38% $357,475.00 $486,024.29 $843,499.29 TOTAL PROJECT COSTS $6,061,823.00 $8,241,676.29 $14,303,499.29 PROJECT TIMELINE&BUDGET DETAIL:The tasks must be completed by,and all deliverables received by,the corresponding task end date. Task Task Title Budget Category Budget Task Start Deliverable No. Amount Date Due Date • 1 1 Construction(Contractual Contractual Services $5,640,778,00 Services) 01/01/2019 09/30/25 1,2 Construction(Salary/Fringe) Salary/Fringe $63,570,00 • 2 Monitoring Contractual Services $357,475.00 01/01/2019 09/30/25 Total: $6,061,823.00 • DEP Agreement No.21 CO1,Amendment 1, Attachment 3-A,Page 4 of 5 GAO 16B3 SALARY AND FRINGE BENEFITS BY TASK:Cost reimbursable hourly and fringe rate(s)by position may not exceed those indicated below. Taslt/Deliverable Hourly o Position Title Fringe Rate(/o) Number Rate. Project Manager $39.54 17,20% 1.2 Senior Field Inspector $33.23 30.00% Senior Environmental Specialist $24.47 17.33% Environmental Specialist $22.50 17.75% DEP Agreement No. 21CO1,Amendment 1,Attachment 3-A,Page 5 of 5 CAO 16B3 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the"Department" "DEP", "FDEP"or"Grantor", or other name in the agreement)to the recipient(which may be referred to as the"Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200,Subpart F-Audit Requirements,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425,or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. ifs { 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at https://sam.gov/content/assistance-listings. Attachment 5 1 o f 7 HGS-DEP 55-215 revised 11/8/2022 CAO j� 16B3 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection,other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215,97(8),Florida Statutes.This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a mailer of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted 1 in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 ti A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2 of 7 BGS-DEP 55-215 revised I1/8/2022 CAO 16B3 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAuditc dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 1 l 1 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(http://flauditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(dep.state.tl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3 of 7 BGS-DEP 55-215 revised 11/8/2022 CAO 1 6 B 3 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities)and 10.650(non and for-profit organizations),Rules of the Auditor General,should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five(5)years from the date the audit report is issued,and shall allow the Department of Environmental Protection,or its designee,Chief Financial Officer,or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee, Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. i I` I Attachment 5 II 4 of BOS-DEP 55-215 revised 11/8/2022 CAO 's - 16B3 G 0 0 q aUQ. 0.0 Q. Q d °. L. U C E. E W O C -D 0 0 CI w w 0 O .Z. 0 d 6i Z O U 3 o a O co o 0 w E o c; n ,o '' w o a .. y �, EA O 4. F. E. L cACU vl a� ¢ ¢ 4) d Z 4", U (.1.., ° C o E a E ,c, a H o p bo o L. 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