Agenda 01/12/2016 Item #16A23 1/12/2016 16.A.23.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to Contract
No. 14C01 with the Florida Department of Environmental Protection Bureau of Beaches and
Coastal Systems Beach Management Funding Assistance Program for Collier County Beach
Nourishment and make a finding that this item promotes tourism.
OBJECTIVE: To obtain approval of Amendment No. 1 to Contract No. 14C01 with the Florida
Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach
Management Funding Assistance Program for Collier County Beach Nourishment.
CONSIDERATIONS: FDEP Contract No. 14C01 was approved by the Board of County
Commissioners (Board) on January 13, 2015 (Item 16A22). The purpose of this Agreement was
to enter into a cost share reimbursement agreement with FDEP for reimbursement of the non-
federal portion of the design, permitting, and construction cost for the FY 2013 Collier County
renourishment of the Vanderbilt, Park Shore and Naples beaches.
This amendment partially reimburses the County for the non-federal portion of the Tropical
Storm Fay beach renourishment completed in 2013, the Tropical Storm Debbie beach
renourishment from 2014, the hot spot renourishments from 2013, beach monitoring activities
from 2015 and biological monitoring activities from 2015.
FISCAL IMPACT: The execution of the FDEP Beach Funding Assistance agreement
amendment primarily provides funding assistance for beach renourishment work already
completed and to a lesser extent hotspot repairs, design, and monitoring work that is underway or
is to be undertaken in the near future. The work plan covered by this amendment totals
$12,786,719.39 with costs shared between local ($3,143,954.76), Federal ($7,715,809.85), and
FDEP ($1,926,954.78) sources. The FDEP match for the work plan totals $1,926,954.78. The
FDEP match percentage varies by project with a range of 32.24%to 40.35%.
The subject work plan is supported by TDC Beach renourishment Fund (195), accordingly,
FDEP reimbursement received pursuant to the agreement will be deposited in TDC Fund (195).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and 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 Contract No. 14C01 with the Florida Department of Environmental Protection Bureau of
Beaches and Coastal Systems Beach Management Funding Assistance Program for Collier
County Beach Nourishment and makes a finding that this item promotes tourism.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning,
Impact Fees and Program Management Division, Growth Management Department
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Attachments:
Amendment No. 1
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to Contract No. 14C01 with the Florida Department of Environmental
Protection Bureau of Beaches and Coastal Systems Beach Management Funding Assistance
Program for Collier County Beach Nourishment and make a finding that this item promotes
tourism.
Meeting Date: 1/12/2016
Prepared By
Name: HambrightGail
Title:Accountant, Coastal Zone Management
12/1/2015 4:45:09 PM
Submitted by
Title:Accountant, Coastal Zone Management
Name: HambrightGail
12/1/2015 4:45:10 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 12/2/2015 9:41:36 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/2/2015 9:42:32 AM
Name:NorthrupAdam
Title:Procurement Specialist,Procurement Services
Date: 12/3/2015 3:50:54 PM
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
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Date: 12/7/2015 4:03:11 PM
Name: McAlpinGary
Title:Manager-Coastal Management Programs, Coastal Zone Management
Date: 12/16/2015 2:11:20 PM
Name: PattersonAmy
Title: Division Director-IF,CPP&PM, Capital Project Planning, Impact Fees and Program
Management
Date: 12/16/2015 3:57:35 PM
Name: Tara Castillo
Title:Management/Budget Analyst,Capital Construction&Maintenance Budget/Fiscal
Date: 12/18/2015 8:45:47 AM
Name: KearnsAllison
Title: Manager-Financial &Operational Sprt,Capital Construction&Maintenance Budget/Fiscal
Date: 12/18/2015 1:48:02 PM
Name: OberrathKaren
Title:Accountant, Senior,Grants Management Office
Date: 12/18/2015 1:59:52 PM
Name: MarcellaJeanne
Title:Executive Secretary, Transportation Administration
Date: 12/18/2015 4:12:40 PM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 12/29/2015 10:05:13 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/29/2015 10:46:06 AM
Name: StanleyTherese
Title:Manager-Grants Compliance, Grants Management Office
Date: 1/4/2016 4:54:52 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 1/5/2016 11:48:14 AM
Name: KlatzkowJeff
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Title: County Attorney,
Date: 1/5/2016 2:59:53 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 1/5/2016 5:21:54 PM
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AMENDMENT No. 1
DEP AGREEMENT No: 14C01
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
COLLIER COUNTY BEACH NOURISHMENT
THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is
3900 Commonwealth Boulevard, MS 3601, Tallahassee, Florida 32399, and COLLIER COUNTY, a local
government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is 2800 North Horseshoe
Drive,Naples, Florida 34104,for the project described herein.
WHEREAS, the LOCAL SPONSOR has requested to extend the expiration date and revise the
required deliverables in the Grant Work Plan and the DEPARTMENT has agreed;and
WHEREAS, the LOCAL SPONSOR has requested additional funds and deliverables to be added to
the Grant Work Plan and the DEPARTMENT has agreed.Accordingly,the Grant Work Plan is revised as set
forth in Attachment A; and
WHEREAS,other changes to the Agreement are necessary.
NOW,THEREFORE, in consideration of the mutual benefits to be derived here from,the
DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows:
• Paragraphs 1 through 45 and all attachments are hereby deleted in their entirety and replaced with
the following:
1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion
control project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred
to as the PROJECT), as defined in Attachment A (Grant Work Plan);attached hereto and made a
part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to
implement the PROJECT in accordance with the terms and conditions set forth in this Agreement,and
all attachments and exhibits named herein that are attached hereto and incorporated by reference. For
purposes of this Agreement, the terms "Grantee", "Recipient" and "Local Sponsor" are used
interchangeably.
2. This Agreement shall begin on the last date executed and end on March 31,2018.Pursuant to Section
161.101 (18),Florida Statutes,and 62B-36.009,Florida Administrative Code,work conducted on this
PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT
beginning on or after November 1,2010,may be eligible for reimbursement by the DEPARTMENT.
3. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms
and conditions set forth in this Agreement and all present and future requisite authorizations and
environmental permits. The PROJECT consists of the placement of beach quality sand on
approximately 7.5 miles, among three segments of shoreline within Collier County, Florida. The
segments consist of the following components: Vanderbilt Beach,approximately 1.6 miles
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between DEPARTMENT Monuments R22 to R31; Park Shore, approximately 2.2 miles between
DEPARTMENT Monuments R43.7 to R54.4; and Naples, approximately 3.7 miles between
DEPARTMENT Monuments R58 to R79. The life of the PROJECT is defined as ten (10) years
following completion of each construction event. The parties expressly agree that the provisions of
this paragraph shall survive and be enforceable beyond the expiration date of this Agreement.
4. For tasks, as specified in Table 1 in Attachment A, the LOCAL SPONSOR shall develop a detailed
Scope of Work which shall include a narrative description of each task, a corresponding detailed
budget for each deliverable under that task and a schedule for completion of each task and deliverable.
Each Scope of Work shall be approved by the DEPARTMENT as to content, deliverables, and
schedule prior to incorporating into the approved grant work plan as an amendment or change order to
this Agreement pursuant to paragraph 39.
5. The DEPARTMENT has determined that 80.70 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$1,926,954.78 for this PROJECT or up to 32.24 percent of the non-federal PROJECT cost for Task
2.1,2.2,3.1,3.2,3.3,3.4 and up to 40.35 percent for Tasks 2.3,2.4,3.5,3.6,4.1,and 4.2,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.
6. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the
PROJECT that are not shown in the Grant Work Plan are the responsibility of the LOCAL SPONSOR
and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific
eligible PROJECT tasks that exceed the estimated PROJECT costs. for that task shall be the
responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT
COSTS shown in Attachment A, Table 1, shall be provided through formal amendment to this
Agreement.
7. All notices and written communication between the parties shall be sent by electronic mail,U.S.Mail,
a courier delivery service,or delivered in person.Notices shall be considered delivered when reflected
by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,
or when receipt is acknowledged by recipient. Any notices between the parties shall be delivered to
the contact person at the addresses below:
LOCAL SPONSOR
Gary McAlpin
Collier County
2800 North Horseshoe Drive
Naples,FL 34104
(239)252-5342
garymcalpinecoIl iergov.net
DEPARTMENT
Dena VanLandingham,Grant Program Administrator
Department of Environmental Protection
Beach Management Funding Assistance Program
3900 Commonwealth Blvd,MS 3601
Tallahassee,Florida 32399
(850)245-2970
Dena.Vanlandingham@dep.state.fl.us
;CA
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Any changes from the DEPARTMENT to the contact information shown above or in paragraph 8 must
be reduced to writing in the form of an email notification.
8. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin, Phone: (239) 252-5342.
The DEPARTMENT's Project Manager for all technical matters is Vincent George,Phone:(850)245-
2972 and the DEPARTMENT's Grant Administrator for all administrative matters is Dena
VanLandingham,Phone: (850)245-2970.
9. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent,
representative, or employee of the DEPARTMENT.
10. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined
by the DEPARTMENT.
11. Any and all equipment,products or materials necessary to perform these services,or requirements as
further stated herein,shall be supplied by the LOCAL SPONSOR.
12. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature of the State of Florida and subject to the release of funds
appropriated to the DEPARTMENT. The parties hereto understand that this Agreement is not a
commitment of future appropriations. Authorization for continuation and completion of work and
payment associated therewith may be rescinded with proper notice at the discretion of the
DEPARTMENT if Legislative appropriations are reduced or eliminated.
13. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces,
as identified in Attachment B (Funding Eligibility), attached hereto and made a part hereof, for
public beach use throughout the life of the PROJECT as established under this Agreement. The life
of the PROJECT is defined as ten (1 0) years following the completion of each construction event
commencing upon execution of this Agreement. If at any time the LOCAL SPONSOR fails to
maintain the public beach access sites and public parking,the LOCAL SPONSOR agrees to reimburse
the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site
and/or parking spaces which are no longer available to the public for a 10-year period. All public
parking must be clearly signed or otherwise designated as public beach access parking.
14. A. In accordance with Section 216.181(16)(b), Florida Statutes, the DEPARTMENT, upon
written request from the LOCAL SPONSOR, including justification for said request, and
written approval from the State Chief Financial Officer, may provide an advance payment to
the LOCAL SPONSOR. In addition to the written request for advance payment,the LOCAL
SPONSOR shall also complete and submit the applicable portions of Attachment C
(Advance Payment Justification Form), attached hereto and made a part hereof.
Consideration for advance payment is at the discretion of the DEPARTMENT, and shall be
limited to eligible studies and PROJECT construction costs identified in Table 1. The LOCAL
SPONSOR's expenditures shall draw proportionally upon both the LOCAL SPONSOR's
funds and the DEPARTMENT's advanced funds in accordance with the cost share ratios
established pursuant to this Agreement.
B. If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the
advanced funds in an interest-bearing account. The LOCAL SPONSOR shall be responsible
to the DEPARTMENT for a quarterly accounting of such funds. The term "quarterly" shall
reflect the calendar quarters ending March 31,June 30, September 30,and December 31.
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C. Attachment D(Advance Payment—Interest Earned Memorandum), attached hereto and
made a part hereof,is provided as a sample of the document generated internally each calendar
quarter by the DEPARTMENT's Bureau of Finance and Accounting for agreements that
authorized an advance payment. The DEPARTMENT's Grant Administrator shall forward
such memorandum to the LOCAL SPONSOR's Project Manager, who shall be responsible
for completion of the applicable interest statement details and submission to the
DEPARTMENT each quarter. Interest income shall be documented by the LOCAL
SPONSOR's submission of a current statement of account from the financial institution or
agent where such funds are invested. Interest income shall be returned to the DEPARTMENT,
within thirty(30)calendar days following each quarter as set forth under this Agreement. This
responsibility shall continue as long as advanced funds remain with the LOCAL SPONSOR
or until construction is completed and a final accounting on the advanced funds is completed
and the unused funds and interest due the DEPARTMENT are returned to the
DEPARTMENT. Unused funds, and interest accrued on any unused portion of advanced
funds which have not been remitted to the DEPARTMENT, shall be returned to the
DEPARTMENT within sixty(60)calendar days of the completion of the construction portion
of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers
(USACOE) through LOCAL SPONSORS will be due sixty (60) calendar days after the
Federal final accounting has been completed.
D. The parties hereto acknowledge that the State Chief Financial Officer may identify additional
requirements that must be met in order for advance payment to be authorized. If additional
requirements are imposed by the State Chief Financial Officer,the LOCAL SPONSOR shall
be notified, in writing,by the DEPARTMENT's Grant Administrator regarding the additional
requirements. Prior to releasing any funds, the LOCAL SPONSOR shall be required to
provide a written acknowledgement to the DEPARTMENT's Grant Administrator of the
LOCAL SPONSOR's acceptance of the terms imposed by the State Chief Financial Officer
for release of funds.
15. As consideration for the satisfactory completion of the eligible work identified in Attachment A and
approval of the work by the DEPARTMENT,the DEPARTMENT agrees to compensate the LOCAL
SPONSOR on a cost-reimbursement basis.All requests for reimbursement shall be made in accordance
with Attachment E(Contract Payment Requirements),attached hereto and made a part hereof,and
State guidelines for allowable costs found in the Department of Financial Services' Reference Guide
for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR
shall submit a request for reimbursement of funds on the forms provided as Attachment F(Request
for Payment,PARTS I—IV),attached hereto and made a part hereof. These forms are to be submitted
upon completion of deliverables identified in the approved Grant Work Plan. These forms shall be
certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's
Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel
limits established in Section 112.061,Florida Statutes.A final invoice shall be due no later than thirty
(30) calendar days following the completion date of this Agreement. The DEPARTMENT will not
release funds for construction activities until such time as all requisite authorizations, environmental
permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida
Statutes,have been obtained. The final payment will not be processed until the match requirement has
been met.
16. The DEPARTMENT's Project Manager shall have thirty (30) calendar days after receipt of each
request for payment to determine that the work has been accomplished in accordance with the terms
and conditions of this Agreement prior to approving the request for payment. It is understood and
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agreed that any request for payment that requires the DEPARTMENT to request additional
information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and
will reset when such information is received as requested by the DEPARTMENT. Upon approval of
the request for payment, the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR.
Retainage of 10%of the disbursement may be held on account for each deliverable in the disbursement
that represents a portion of the complete subtask. The cumulative amount retained for each eligible
deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified
that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. The
DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines
(including cost allocation guidelines), as appropriate. When requested, this information must be
provided within thirty(30)calendar days of such request. If applicable,the LOCAL SPONSOR may
also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers
(overhead, indirect,general administrative costs,and fringe benefits).
17. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's
Project Manager on a quarterly basis,Attachment F(Project Progress Report,Part III),as updates
to the project schedule, no later than thirty (30) calendar days following the completion date of the
quarterly reporting period in which the PROJECT is underway. The term"quarterly"shall reflect the
calendar quarters ending March 31,June 30, September 30,and December 31. Progress reports are to
be submitted electronically in Word.doc or.pdf. Information provided shall be the best available and
shall represent the most accurate forecast of future events. Specific information to be included in the
quarterly report:tasks to be completed, start and finish dates,task duration,and actual start and finish
dates with actual task duration. In cases where no reimbursement is sought for a given quarter, all
applicable portions of the progress report must still be completed and submitted. The timely submittal
of these quarterly reports will result in points for the ranking of future projects under the Beach
Management Funding Assistance Program.
18. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the
DEPARTMENT a certification of completion,attached hereto as Attachment G(Project Completion
Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT
within sixty(60)calendar days after the PROJECT is certified complete by the LOCAL SPONSOR.
19. The LOCAL SPONSOR shall,at a minimum,comply with monetary limits for competitive acquisition
of both materials and services as required by Chapters 287 and 255, Florida Statutes, as applicable,
and Subsection 161.101(17), Florida Statutes,which are expressly made a part of this Agreement and
incorporated herein by reference as if fully set forth.
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in
which 50 percent or more of the cost will be paid from state-appropriated funds which have
been appropriated at the time of the competitive solicitation, a state, college, county,
municipality, school district, or other political subdivision of the state may not use a local
ordinance or regulation that provides a preference based upon:
1) The contractor's maintaining an office or place of business within a particular local
jurisdiction;
2) The contractor's hiring employees or subcontractors from within a particular local
jurisdiction; or
3) The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
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B. For any competitive solicitation that meets the criteria in Paragraph A.,a state college,county,
municipality, school district, or other political subdivision of the state shall disclose in the
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
20. The applicable provisions of Chapter 161,Florida Statutes,entitled"Dennis L.Jones Beach and Shore
Preservation Act", and any rules promulgated therefrom, are expressly made a part of this Agreement
and are incorporated herein by reference as if fully set forth.
21. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However,nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by
third parties in any matter arising out of any contract or this Agreement.
22. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of
the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to
termination, the DEPARTMENT shall provide ten (10) calendar days' written notice of its
intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with
the DEPARTMENT regarding the reason(s)for termination.
B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by
giving thirty (30) calendar days' written notice to the LOCAL SPONSOR. Notice shall be
sufficient if delivered pursuant to paragraph 7 as set forth in this Agreement.
C. The DEPARTMENT may terminate this Agreement in the event that all tasks identified in
Attachment A, Grant Work Plan have been certified complete and approved by the
DEPARTMENT, and all eligible reimbursements have been provided to the LOCAL
SPONSOR. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days'
written notice of its intent to terminate and shall provide the LOCAL SPONSOR an
opportunity to consult with the DEPARTMENT to verify that all eligible items have been
completed and reimbursed.
23. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the event
that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR shall
perform the services again as needed for submittal of a satisfactory deliverable, at no additional cost
to the DEPARTMENT, within ten (10) calendar days of being notified of the unsatisfactory
deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the
DEPARTMENT may, in its sole discretion,either: 1)terminate this Agreement for failure to perform,
or 2) the DEPARTMENT'S Project Manager may, by letter specifying the failure of performance
under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the
LOCAL SPONSOR to the DEPARTMENT. All CAPs must be able to be implemented and performed
in no more than sixty(60)calendar days.
A. A CAP shall be submitted within ten(10)calendar days of the date of the letter request from
the DEPARTMENT. The CAP shall be sent to the DEPARTMENT's Project Manager for
review and approval. Within ten(10)calendar days of receipt of a CAP,the DEPARTMENT
shall notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted.
If the CAP is not accepted, the LOCAL SPONSOR shall have ten (10) calendar days from
receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP.
Failure to obtain the DEPARTMENT approval of a CAP as specified above shall result in the
DEPARTMENT'S termination of this Agreement for cause as authorized in this Agreement.
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B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP,the,LOCAL SPONSOR
shall have ten (10) calendar days to commence implementation of the accepted plan.
Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL
SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to correct
or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT shall
retain the right to require additional or further remedial steps, or to terminate this Agreement
for failure to perform. No actions approved by the DEPARTMENT or steps taken by the
LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any
deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP
until all deficiencies are corrected. Reports on the progress of the CAP will be made to the
DEPARTMENT as requested by the DEPARTMENT's Project Manager.
C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency
in the performance of the Agreement as specified by the DEPARTMENT may result in
termination of this Agreement.
The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise
other remedies in addition to or in lieu of those set forth above,as permitted by this Agreement.
24. Records made or received in conjunction with this Agreement are public records.This Agreement may
be unilaterally canceled by the DEPARTMENT for unlawful refusal by the LOCAL SPONSOR to
allow public access to all documents,papers,letters,or other material made or received by the LOCAL
SPONSOR in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida
Statutes and Section 24(a)of Article I of the State Constitution.
25. A. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. The DEPARTMENT, the State, or their authorized
representatives shall have access to such records for audit purposes during the term of this
Agreement and for five(5)years following the completion date of this Agreement.In the event
any work is subcontracted,the LOCAL SPONSOR shall similarly require each subcontractor
to maintain and allow access to such records for audit purposes.
B. The LOCAL SPONSOR understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate
with the DEPARTMENT's Inspector General in any investigation, audit, inspection, review,
or hearing. The LOCAL SPONSOR will comply with this duty and ensure that its
subcontracts issued under this Grant, if any, impose this requirement, in writing, on its
subcontractors.
26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall
comply with the applicable provisions contained in Attachment H (Special Audit
Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment H
summarizes the funding sources supporting the Agreement for purposes of assisting the
LOCAL SPONSOR in complying with the requirements of Attachment H. A revised copy
of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes
a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of
Exhibit 1,the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Administrator at
850/245-2970,to request a copy of the updated information.
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B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal
and/or state) identified in Attachment H, Exhibit 1 when making its determination. For
federal financial assistance,the LOCAL SPONSOR shall utilize the guidance provided under
OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship
represents that of a sub recipient or vendor. For state financial assistance, the LOCAL
SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be
found under the"Links/Forms"section appearing at the following website:
https://apps.fldfs.com/fsaa
The LOCAL SPONSOR should confer with its chief financial officer, or audit director or
contact the DEPARTMENT for assistance with questions pertaining to the applicability of
these requirements.
27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited
from using funds provided by this Agreement for the purposes of lobbying the Legislature,the judicial
branch or a state agency. Further, in accordance with Section 11.062,Florida Statutes, no state funds,
exclusive of salaries,travel expenses,and per diem,appropriated to,or otherwise available for use by,
any executive,judicial, or quasi-judicial department shall be used by any state employee or other
person for lobbying purposes.
28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest
that would conflict in any manner or degree with the performance of services required.
29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with
the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law. If any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon
County,Florida.
30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement, shall impair any such right, power or remedy of either
party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
31. To the extent required by law,the LOCAL SPONSOR will be self-insured against,or will secure and
maintain during the life of this Agreement,Workers' Compensation Insurance for all of its employees
connected with the work of this PROJECT. In the case any work is subcontracted, the LOCAL
SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for
all of the subcontractor's employees unless such employees are covered by the protection afforded by
the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of
employees engaged in hazardous work under this Agreement is not protected under Workers'
Compensation statutes,the LOCAL SPONSOR shall provide,and cause each subcontractor to provide,
adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not
otherwise protected.
cA
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32. A. The LOCAL SPONSOR shall secure and maintain Commercial General Liability insurance
including bodily injury and property damage. The minimum limits of liability shall be
$200,000 each occurrence and $300,000 aggregate. This insurance will provide coverage
for all claims that may arise from the services and/or operations completed under this
Agreement, whether such services and/or operations are by the LOCAL SPONSOR or
anyone directly or indirectly employed by him. Such insurance shall include the State of
Florida as an Additional Insured for the entire length of the Agreement.
B. The LOCAL SPONSOR shall secure and maintain Commercial Automobile Liability
insurance for all claims which may arise from the services and/or operations under this
Agreement, whether such services and/or operations are by the LOCAL SPONSOR or by
anyone directly, or indirectly employed by the LOCAL SPONSOR. The minimum limits
of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if
applicable
$300,000 Hired and Non-owned Automobile Liability Coverage
C. If any work proceeds over or adjacent to water, the LOCAL SPONSOR shall secure and
maintain, as applicable, any other type of required insurance, including but not limited to
Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to
worker's compensation insurance,and any necessary watercraft insurance,with limits of not
less than $300,000 each. In addition, the LOCAL SPONSOR shall include these
requirements in any sub grant or subcontract issued for the performance of the work
specified in Attachment A, Grant Work Plan. Questions concerning required coverage
should be directed to the U.S. Department of Labor
(http://www.dol.gov/owcp/dlhwc/lscontac.htm)or to the parties' insurance carriers.
D. All insurance policies shall be with insurers licensed or eligible to do business in the State
of Florida. The LOCAL SPONSOR's current certificate of insurance shall contain a
provision that the insurance will not be canceled for any reason except after thirty (30)
calendar days' written notice (with the exception of non-payment of premium which
requires a 10-calendar-day notice)to the DEPARTMENT's Procurement Administrator.
33. This Agreement is neither intended nor shall it be construed to grant any rights,privileges or interest
in any third party without the mutual written agreement of the parties hereto.
34. A. 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.
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section
287.134, Florida Statutes, may not submit a bid on a contract to provide goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work,may not submit bids on leases of real property to a
public entity, may not award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity,and may not transact business with any public
entity. The Florida Department of Management Services is responsible for maintaining the
discriminatory vendor list and posts the list on its website. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity at(850)487-0915.
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35. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for
separately. LOCAL SPONSORS are prohibited from commingling funds on either a program-
by-program or a PROJECT-by-PROJECT basis. Funds specifically budgeted and/or received
for one PROJECT may not be used to support another PROJECT. Where a LOCAL
SPONSOR's, or subrecipient's, accounting system cannot comply with this requirement, the
LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund
accountability for each PROJECT it has been awarded.
B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT
shall have the right to demand a refund,either in whole or in part,of the funds provided to the
LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this
Agreement. The LOCAL SPONSOR, upon such written notification from the
DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT,the amount of
money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on
the prevailing rate used by the State Board of Administration. Interest shall be calculated from
the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL
SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT.
C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and
reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall
reimburse the DEPARTMENT for all recovered funds originally provided under this
Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the
State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are
recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT
by the LOCAL SPONSOR.
36. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this
Agreement without the prior written consent of the DEPARTMENT's Project Manager.
Regardless of any subcontract,the LOCAL SPONSOR is ultimately responsible for all work
to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the
executed subcontract to the DEPARTMENT within ten (10) calendar days after execution.
The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements
included in any subcontract consented to by the DEPARTMENT and agrees to be responsible
for the payment of all monies due under any subcontract. It is understood and agreed by the
LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any
expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be
solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses
based on the travel limits established in Section 112.061, Florida Statutes.
1. The LOCAL SPONSOR may award,on a competitive basis,fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A. Invoices
submitted to the DEPARTMENT for fixed price subcontracted activities shall be
supported with a copy of the subcontractor's invoice and a copy of the tabulation form
for the competitive procurement process (Invitation to Bid or Request for Proposals)
resulting in the fixed price subcontract.
2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a
fixed price subcontract resulting from procurement methods other than those identified
in the paragraph above. In this instance, the LOCAL SPONSOR shall request the
advance written approval from the DEPARTMENT's Project Manager of the fixed price
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negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a
detailed budget and Scope of Services to be performed by the subcontractor. Upon
receipt of the DEPARTMENT Project Manager's approval of the fixed price amount,
the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract.
3. All subcontracts are subject to the provisions of this Agreement which affect
subcontracting activities.
B. The DEPARTMENT supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically.
The award of subcontracts should reflect the full diversity of the citizens of the State of Florida.
A list of Minority Owned firms that could be offered subcontracting opportunities may be
obtained by contacting the Office of Supplier Diversity at(850)487-0915.
37. When applicable,the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of
the selection of an intended subcontractor for a construction task and provide a tabulation list from
which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid
form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to
offer services in the State of Florida for studies, design and permitting and monitoring tasks in
accordance with Chapter 287,F.S. Upon the DEPARTMENT's request,the LOCAL SPONSOR shall
furnish copies of the respective solicitation documents. Solicitation documents include, but are not
limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s),
including a detailed Scope of Work.
38. The purchase of non-expendable equipment costing$1,000 or more is not authorized under the terms
and conditions of this Agreement.
39. The DEPARTMENT may at any time, by written order designated to be a change order, make any
minor modifications, as described below. All change orders are subject to the mutual agreement of
both parties as evidenced in writing.Any change,which causes an increase or decrease in the LOCAL
SPONSOR's cost or time, shall require formal amendment to this Agreement. Minor modifications
which will be handled with a change order include notification of a modification of deliverable due
dates when such change does not involve an extension of contract,and modifying the Grant Work Plan
when such modifications would not involve a decrease/increase in total cost of the Agreement or an
extension of the performance period of this Agreement.
40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations
in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR
acknowledges that this requirement includes, but is not limited to, compliance with all applicable
federal,state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees
to include this provision in all subcontracts issued as a result of this Agreement.
41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the
erosion control PROJECT, a sufficient property interest in order to construct, maintain, monitor, and
repair the erosion control PROJECT prior to entering each individual property to conduct such
activities.
42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of
the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the
DEPARTMENT orally. Within seven (7) calendar days, the LOCAL SPONSOR shall notify the
DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to
be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation
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of such measures. If the parties agree that the delay or anticipated delay was caused,or will be caused
by a force majeure,the DEPARTMENT may,at its discretion,extend the time for performance under
this Agreement for a period of time equal to the delay resulting from the force majeure upon execution
of an amendment to this Agreement. Such agreement shall be confirmed by letter from the
DEPARTMENT accepting, or if necessary,modifying the extension. A force majeure shall be an act
of God,strike, lockout,or other industrial disturbance,act of the public enemy,war,blockade, public
riot, lightning,fire,flood,explosion,failure to receive timely necessary third party approvals through
no fault of the LOCAL SPONSOR, and any other cause,whether of the kind specifically enumerated
herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the
DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued
under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or
subcontractor(s)shall not constitute a force majeure event.
43. This Agreement may be executed in two or more counterparts,each of which together shall be deemed
an original, but all of which together shall constitute one and the same instrument. In the event that
any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf'format data file,
such signature shall create a valid and binding obligation of the party executing(or on whose behalf
such signature is executed)with the same force and effect as if such facsimile or".pdf' signature page
were an original thereof.
44. 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 s. 287.057(17)(a)(1), Florida Statutes, all monitoring data and
statistical analysis must be provided directly and concurrently from the monitor to the
DEPARTMENT/LOCAL SPONSOR/permittee/consultant.The LOCAL SPONSOR must provide an
adequate mitigation plan,consistent with s.287.057(17)(a)(1),Florida Statutes,including a description
of organizational, physical, and electronic barriers to be used by the LOCAL SPONSOR, that
addresses conflicts of interest when contracting multi-disciplinary firms for PROJECT engineering
and post-construction environmental monitoring services, or when the PROJECT engineering firm
subcontracts for post-construction environmental monitoring. Environmental monitoring includes
hardbottom, seagrass, and mangrove resources. DEPARTMENT approval of the mitigation plan will
be required prior to execution of this Agreement.
45. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been
reduced to writing, duly signed by each of the parties hereto, and attached to the original of this
Agreement, unless otherwise provided herein.
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IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the
respective dates under their signatures:
COLLIER COUNTY FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
Title: Chairman Department of Environmental Protection
Secretary or designee
Date: Date:
FEID No.59-6000558
Department of Environmental Protection
ATTEST Grant Administrator
DWIGHT E.mock,044
By:
Department of Environmental Protection
Approved as to form and legality Project Manager
Assistant County Attorney
APPROVED as to form and legality:
Local Sponsor's Attorney a ment of Environmental Protection
(if necessary) Attorney
*If someone other than the Chairman signs this Agreement, a resolution, statement or other documentation
authorizing that person to sign the Agreement on behalf of the County/City must accompany the Agreement.
List of Attachments/Exhibits included as part of this Agreement:
Specify Letter/
Type Number Description(include number of pages)
Attachment A Grant Work Plan(6 pages)
Attachment B Funding Eligibility(4 page)
Attachment C Advanced Payment Justification Form(4 pages)
Attachment D Advanced Payment—Interest Earned Memorandum Sample(1 page)
Attachment E Contract Payment Requirements(1 page).
Attachment F Request for Payment,Parts I- IV(6 pages)
Attachment G Project Completion Certification(1 page)
Attachment H Special Audit Requirements(5 pages)
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ATTACHMENT A
GRANT WORK PLAN
Project Title: Collier County Beach Nourishment.
Project Location: The PROJECT includes 7.5 miles,among three segments of shoreline within Collier County,
Florida. The segments consist of the following components:Vanderbilt Beach,approximately 1.6 miles between
DEPARTMENT Monuments R22 to R31; Park Shore, approximately 2.2 miles between DEPARTMENT
Monuments R43.7 to R54.4;and Naples,approximately 3.7 miles between DEPARTMENT Monuments R58 to
R79.
Project Background: Restoration was completed in 1996 followed by nourishment in 2006&2014. The 2006
nourishment PROJECT included a one acre mitigation reef to compensate for damages to nearshore hardbottom
resources. Funding assistance was requested from the Federal Emergency Management Agency (FEMA) for
Tropical Storm Fay(2008)& for Tropical Storm Debby (2012). Federal funding was approved to mitigate for
both tropical storm-induced erosion events.
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 technical
specifications contained in the DEPARTMENTS Monitoring Standards for Beach Erosion Control Projects
(2014) and Processing Plan and Geographic Information System Guidelines, unless otherwise specified in the
approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. This plan may be
found at http://www.dep.state.fl.us/beaches/publications/pdf/PhysicalMonitoringStandards.pdf. One (1)
electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT,
unless otherwise specified.
The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified
in Table 1 below:
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TABLE 1
Estimated Eligible Project Cost
State Federal
Task# Eligible Project Tasks Cost Estimated DEP Local Total
Share Project Costs
(%)
2.0 Design and Permitting
Permit Modification for 2014 Collier 32.24% $114,701.54 $241,072.46 $355,774.00
2.1 County Nourishment Project
Preliminary Coastal Processes 32.24% $3,733.07 $7,845.93 $11,579.00
2.2 Review Report
2 3 Permit Modification for Truck Haul 40.35% $52,395.55 $77,457.13 $129,852.68
(2014)
2.4 Beach Project 15 Year Permit 40.35% $49,132.58 $72,633.42 $121,766.00
Subtotal $219,962.74 $399,008.94 $618,971.68
3.0 Construction
3.1 Emergency Truck Haul(2012) 32.24% $8,656.00 $18,194.00 $26,850.00
3.2 Pre-Construction Services for 2014
32.24% $57,995.00 $121,889.00 $179,884.00
Nourishment
3.3 Construction Services for 2014 32.24% $37,160.00 $78,101.00 $115,261.00
Nourishment
3.4 Tropical Storm Fay Nourishment 32.24% $5,459,386.59 $251,443.75 $528,468.62 S6,239,298.96
3.5 Tropical Storm Debby Nourishment 40.35% $2,256,423.26 $130,066.67 $192,279.51 $2,578,769.44
3.6 Periodic Truck Haul Nourishment 40.35% $1,135,423.58 $1,678,513.42 $2,813,937.00
Subtotal $7,715,809.85 $1,620,745.00 $2,617,445.55 $11,954,000.40
tip.
4.0 Monitoring
Year 1 Post-Construction Physical 40.35% $27,377.48 $40,472.52 $67,850.00
4.1 Monitoring(2015)
Year I Post-Construction Biological 40.35% $58,869.56 $87,027.75 $145,897.31
4.2 Monitoring(2015)
Subtotal $86,247.04 $127,500.27 $213,747.31
TOTAL PROJECT COSTS $7,715,809.85 $1,926,954.78 $3,143,954.76 $12,786,719.39
Changes in PROJECT costs that increase or decrease the total funding amount shall require a formal amendment
to the Agreement.
Project Description:
The deliverables listed below are to be completed by the LOCAL SPONSOR and approved by the
DEPARTMENT by the due date listed.
TASK 2.0 Design and Permitting
Task Description: The LOCAL SPONSOR will acquire the professional services required for engineering and
design,obtaining environmental permits and other authorizations and the preparation of plans and specifications
for beach nourishment. This item specifically excludes permit application fees or any other fees paid to the State
of Florida.
Performance Standard: All deliverables, reports, and monitoring results will be circulated to the
DEPARTMENT for review and comment. When the LOCAL SPONSOR receives comments from the
DEPARTMENT Project Manager verifying that each deliverable meets the specifications in the Grant Work
Plan and this task description and affirming that the deliverable is acceptable, payment will be authorized for
that deliverable.
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2.1 Permit Modification for 2014 Collier County Nourishment Project
Design and Engineering Services for the 2014 Collier County Beach Nourishment PROJECT. Acquisition of
Joint Coastal Permits(JCP)from the DEPARTMENT&the United States Army Corps of Engineers(USACE),
Environmental Assessment(EA)preparation to meet National Environmental Policy Act(NEPA)requirements,
and in coordination with Federal Emergency Management Agency(FEMA).
Deliverable A: Complete Permit Application resulting in Notice to Proceed(NTP)from DEPARTMENT.
Total Cost: $355,774(DEPARTMENT Cost$114,701.54).
Due Date: December 31, 2017.
2.2 Preliminary Coastal Processes Review
Long Term Coastal Trend Analysis including data since restoration(1996).
Deliverable A: Long Term Coastal Trend Analysis Report.
Total Cost: $11,579(DEPARTMENT Cost$3,733.07).
Due Date: December 31,2017.
2.3 Permit Modification for Truck Haul(2014)
Design and Engineering Services for the 2014 Naples segment Beach Nourishment Project, including hot spots
in the Park Shore&Naples areas. Acquisition of JCPs from the DEPARTMENT&the USACE,EA preparation
to meet NEPA requirements,and in coordination with FEMA.
Deliverable A: Complete Permit Application resulting in Notice to Proceed(NTP)from DEPARTMENT.
Total Cost: $129,852.68 (DEPARTMENT Cost$52,395.55).
Due Date: December 31,2017.
2.4 Beach Project 15 Year Permit
Design and Engineering Services for the Collier County Beach Nourishment PROJECT multi-use permit.
Acquisition of JCPs from the DEPARTMENT&the USACE,EA preparation to meet NEPA requirements.
Deliverable A: Complete Permit Application resulting in Notice to Proceed(NTP)from DEPARTMENT.
Total Cost: $121,766(DEPARTMENT Cost$49,132.58).
Due Date: December 31,2017.
TASK 3.0 Construction
Task Description: This task includes work performed and costs incurred associated with the placement of fill
material and/or the construction of erosion control structures within the PROJECT area. The task includes work
associated with eligible beach restoration construction associated with the PROJECT such as those costs
approved through bids and construction-phase engineering and monitoring services. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp
removal,erosion control structures,dune stabilization measures and native beach-dune vegetation. Construction
shall be conducted in accordance with any and all permits issued by the DEPARTMENT. The Grantee will
submit a construction activity package for task work completed during the period. The construction activity
package must include:
(1) An itemized summary of the materials, labor, or services to identify the nature of the work
performed; the amount expended for such work;the name of the person/entity providing the service or
performing the work; and proof of payment of the invoices,the period activity was performance; and
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(2) A certification signed by the Grantee's Project Manager as to the current cost of the PROJECT;
that the materials, labor, or services represented by the invoice have been satisfactorily purchased or
performed and applied to the PROJECT; that all funds expended to date have been applied toward
completing the PROJECT; and
(3) A certification signed and sealed by the Engineer responsible for overseeing construction stating
that equipment, materials, labor and services represented by the construction invoices have been
satisfactorily invoiced,purchased,received, approved and applied to the PROJECT,as described in the
Grant Work Plan, in accordance with construction contract documents; that payment is in accordance
with construction contract provisions; and that construction, up to the point of the request, is in
compliance with the contract documents; and identifying all additions or deletions to the PROJECT
which have altered the PROJECT's performance standards, scope, or purpose since the issuance of the
DEPARTMENT construction permit.
Performance Standard:The DEPARTMENT's Project Manager will review the construction activity package
to verify that work is being performed in accordance with the construction contract documents and specifications
in this task description
3.1 Emergency Truck Haul(2012)
Activities included two hot spot nourishments at Vanderbilt and Naples beach segments prior to major
nourishment PROJECT.
Deliverable A: Post-Construction Report.
Total Cost: $26,850 (DEPARTMENT Cost$8,656).
Due Date: December 31,2017.
3.2 Pre-Construction Services for 2014 Nourishment
Activities include County bidding assistance,Unite States Fish&Wildlife Service(USFWS)Biological Opinion
(BO) assistance,diving surveys and monitoring of hardbottom resources,and in coordination with FEMA.
Deliverable A: Bid Tabs award documentation for Construction phase.
Total Cost: $179,884(DEPARTMENT Cost$57,995).
Due Date: December 31,2017.
3.3 Construction Services for 2014 Nourishment
Activities include the submittal of a monitoring report of construction, in coordination with (FEMA), for the
2014 Collier County Beach Nourishment PROJECT,by a professional engineer registered in the State of Florida
that verifies sand placement and pay volumes and confirms removal of all equipment from beach. The
certification shall confirm that beach access points are returned to a remediated condition.
Deliverable A: Immediate Post-Construction Monitoring Report.
Total Cost: $115,261 (DEPARTMENT Cost$37,160).
Due Date: December 31,2017.
3.4 Tropical Storm Fay FEMA Nourishment
Construction of a hurricane recovery nourishment to repair damages sustained during Tropical Storm Fay was
completed in January, 2014.Tasks eligible for cost sharing include sand placement and all related management
services required for the implementation of the PROJECT. PROJECT will be cost shared with assistance from
FEMA.
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Deliverable A: Certification of completion of construction for the 2014 Tropical Storm Fay storm repair
nourishment.
Total Cost: $6,239,298.96,Non-federal cost$779,912.37(DEPARTMENT Cost$251,443.75).
Due Date: December 31,2017.
3.5 Tropical Storm Debby FEMA Nourishment
Construction of a hurricane recovery nourishment to repair damages sustained during Tropical Storm Debby was
completed in December,2014.Tasks eligible for cost sharing include sand placement and all related management
services required for the implementation of the PROJECT. PROJECT will be cost shared with assistance from
FEMA.
Deliverable A: Certification of completion of construction for the 2014 Tropical Storm Debby storm repair
nourishment.
Total Cost: $2,578,769.44,Non-federal cost$322,346.18(DEPARTMENT Cost$130,066.67).
Due Date: December 31,2017.
3.6 Periodic Truck Haul Nourishment
The local sponsor conducts interim erosional hot spot nourishment along the Collier County Beach Nourishment
PROJECT, on an "as needed" basis, in order to extend the life of the PROJECT and to protect any threatened
upland structures.The local sponsor identifies hotspot formation through annual monitoring program and routine
PROJECT inspections.
When a hot spot is identified,the local sponsor will develop a Scope of Work with their General Contractor and
submit the Scope of Work to the PROJECT Management Section of the Beach Management Funding Assistance
Program(BMFA)for review and approval. The Scope of Work will contain a full description of the work to be
performed, location of the sand placement, estimated volumes of fill material required, estimated budget, and
construction schedule with completion date. The Local Sponsor must receive written approval of the Scope of
Work via email from the DEPARTMENT's Project Manager prior to initiating construction activities. If
additional material is required to complete the nourishment,written approval from the Project Manager will be
required to allow for reimbursement for additional material required.
All activities will be conducted according to the Joint Coastal Permit (JCP) 0331817-001-JC, including the
authorized berm fill templates and authorized upland or stock piled sand sources.Upon completion of the truck
haul nourishment,the local sponsor will submit an invoice for reimbursement which contains a summary of all
truck weight tickets indicating the actual amount of material purchased and used in the construction. General
Services for placement and berm contouring activities should be included in the price of the fill material.
Reimbursement is also authorized for an immediate post-construction survey to be performed by the Local
Sponsor's surveying contractor, in order to quantify and verify sand placed in the permitted template. First year
funds may also be used to reimburse charges for permit-required QA/QC sand sampling to confirm sand quality.
Contracted funds may be used for successive events until funds are exhausted.
Deliverable A: Immediate post-construction report for truck haul placement events, including summary of all
truck tickets determining the volume placed and PROJECT completion profile survey of the PROJECT fill
template. (JCP 0331817-001-JC).
Total Cost: $2,813,937(DEPARTMENT Cost$1,135,423.58).
Due Date: As needed while funds remain or until December 31,2017.
TASK 4.0 Monitoring
Task Description: This task includes a monitoring program conducted in accordance with the requirements
specified in any and all permits issued by the DEPARTMENT and the US Army Corps of Engineers(USACE).
DEP Agreement No. 14C0 Packet Page-733- ,Attachment A,Page 5 of 6
1/12/2016 16.A.23.
A monitoring plan must be submitted and approved in writing by the DEPARTMENT prior to the initiation of
monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities
associated with current shoreline stabilization projects located within or adjacent to the PROJECT area and with
the DEPARTMENT'S Regional Coastal Monitoring Program.
Performance Standard: All deliverables, reports, and monitoring results will be circulated to the
DEPARTMENT for review and comment. When the LOCAL SPONSOR receives comments from the
DEPARTMENT Project Manager verifying that each deliverable meets the specifications in the Grant Work
Plan and this task description and affirming that the deliverable is acceptable, payment will be authorized for
that deliverable.
4.1 Year 1 Post-Construction Physical Monitoring(2015)
Post-Construction surveys and reports for Year 1 physical monitoring of the 2014 FEMA assisted hurricane
recovery nourishments,as required by JCP#0331817-001-JC.
Deliverable A: Year 1 (2015)Annual Physical Monitoring Report. (JCP 0331817-001-JC).
Total Cost: $67,850(DEPARTMENT Cost$27,377.48).
Due Date: December 31,2017.
4.2 Year 1 Post-Construction Biological Monitoring(2015)
Post-Construction surveys and reports for Year 1 biological monitoring of the 2014 FEMA assisted hurricane
recovery nourishments,as required by JCP#0331817-001-JC.
Deliverable A: Year 1 (2015)Annual Physical Monitoring Report.(JCP 0331817-001-JC).
Total Cost: $145,897.31 (DEPARTMENT Cost$58,869.56).
Due Date: December 31,2017.
NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a
deliverable is received and approved for cost sharing. The dates do not necessarily correspond with
permit required due dates. The Local Sponsor must meet the terms of the permit for compliance.
All Tasks are Contractual Services.
DEP Agreement No. 14CC Packet Page-734-1,Attachment A,Page 6 of 6
1/12/2016 16.A.23.
ATTACHMENT B
FUNDING ELIGIBILITY
COLLIER COUNTY BEACH NOURISHMENT
Project Boundary: 350' south of R22 to R31.
Approximate Shoreline Length: 8,412 FEET
Public Access
Location/Name Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)
Spaces Spaces Parking
Delnor Wiggins R-22 Primary 60 340 340 2640 2700
State Recreation
Area
La Playa R-26 Hotel 360 0 0 0 360
Vanderbilt R-29 Primary 130 167 167 4040 4170
Beach Road
Total eligible shoreline length: 7,230 FEET
Total project shoreline length: 8,412 FEET
Percent eligible for State funding: 85.94 PERCENT
`overall project cost share compiled from all three segments: 40.35 PERCENT
DEP Agreement No. 14CC" " ,.T.. 1,Attachment B,Page 1 of 4
Packet Page-735-
,...
1/12/2016 16.A.23.
FUNDING ELIGIBILITY
COLLIER COUNTY BEACH NOURISHMENT ",
Park Shore Segment
Project Boundary: 500' north of R43.7 to 390' south of R54.4
Approximate Shoreline Length: 11,438 FEET
Public Access
Location/Name Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)*
Spaces Spaces Parking
Clam Pass Park R-44 Primary 3345 172 172 355 2285
Horizon Way R-52 Secondary 60 53 53 1661 1721
Vedado Way R-53 Secondary 60 37 37 1954 2014
Total eligible shoreline length: 6,020 FEET
Total project shoreline length: 11,438 FEET
Percent eligible for State funding: 52.62 PERCENT
Overall project cost share compiled from all three segments: 40.35 PERCENT
*Overlap
DEP Agreement No. 140t Packet Page-736- 1,Attachment B,Page 2 of 4
1/12/2016 16.A.23.
FUNDING ELIGIBILITY
COLLIER COUNTY BEACH NOURISHMENT
Naples Segment
Project Boundary: 1,050' north of R58 to R79
Approximate Shoreline Length: 9,375 FEET
Public Access
Location/Name Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)*
Spaces Spaces Parking
Edgewater Hotel R-59 Hotel 265 0 0 0 265
Lowdermilk Park R-61 Primary 920 210 210 5280 6200
8th Avenue North R- Secondary 60 21 21 1109 1169
63.5 I
7th Avenue North R-64 Secondary 60 12 12 634 694
North Lake R- Secondary 60 38 38 2006 2066
Avenue 64.5
6th Avenue North R-65 Secondary 60 10 10 528 588
5th Avenue North R- Secondary 60 0 0 0 60
65.5
y Avenue North R-66 Secondary 60 15 15 792 852
_rd Avenue North R- Secondary 60 14 14 739 799
66.5
2nd Avenue North R-67 Secondary 60 16 16 845 905
1st Avenue North R- Secondary 60 17 17 898 958
67.5
Central Drive R-68 Secondary 60 12 12 634 694
1st Avenue South R- Secondary 60 16 16 845 905
68.5
2nd Avenue South R-69 Secondary 60 11 11 581 641
3rd Avenue South R- Secondary 60 14 14 739 799
69.5
4th Avenue South R-70 Secondary 60 15 , 15 792 852
5th Avenue South R- Secondary 60 56 56 2640 2700
70.5
6th Avenue South R-71 Secondary 60 12 12 634 694
7th Avenue South R- Secondary 60 16 16 845 905
71.5
8th Avenue South R-72 Secondary 60 11 11 581 641
9th Avenue South R- Secondary 60 15 15 792 852
72.5
_10th Avenue South R-73 Secondary 60 21 21 1109 1169
l 1th Avenue South R- Secondary 60 13 13 686 746
73.5
--k road Avenue R-74 Secondary 60 48 48 2534 2594
2th Avenue South R74.5 Primary 60 107 107 5280 5340
13th Avenue South R-75 Secondary 60 31 31 1637 1697
DEP Agreement No. 14CI Packet Page-737- 1,Attachment B,Page 3 of 4
•
1/12/2016 16.A.23.
Location/Name Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)*
Spaces Spaces Parking
14th Avenue South R- Secondary 60 30 30 1584 1644
75.5
15th Avenue South R-76 Secondary 60 18 18 950 1010
16th Avenue South R- Secondary 60 30 30 1584 1644
76.5
17th Avenue South R-77 Secondary 60 10 10 528 588
18th Avenue South R- Secondary 60 39 39 2059 2119
77.5
19th Avenue South R-78 Secondary 60 0 0 0 60
21st Avenue South R- Secondary 60 0 0 0 60
78.5
Total eligible shoreline length: 18,410 FEET
Total project shoreline length: 19,375 FEET
Percent eligible for State funding: 95.02 PERCENT
Overall project cost share compiled from all three segments: 40.35 PERCENT
*Overlap
DEP Agreement No. 14CCPacket Page-738- 1,Attachment B,Page 4 of 4
1/12/2016 16.A.23.
(41;•1$•reo,
•�r ATTACHMENT C
• Florida Department ofEnvironmental Protection
ADVANCE PAYMENT JUSTIFICAT ON FORM
a �
o
+4'4+ntet 06‘4.
PEP 55-222,
Required Signatures:Original Ink
Use of this form is not required unless the advance requested requires the prior approval of the Florida Department
of Financial Services(DFS). For advance requests that are equal to or less than the purchasing threshold of category
two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified
in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract
review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance
to be made without prior DFS approval.
A letter requesting advance payment from the recipient, on its letterhead, must be attached. The DEP Program
Area should forward this information to the Contract Disbursements Section at MS 78. The Contract Disbursements
Section will forward requests for advance payment to DFS for review and legislature consultation,as appropriate.
Name/Address of the Vendor/Recipient:
Contact Person/Phone No.:
Agreement No./Purchase Order No.(if known):
Commodities/Services/Project Description:
Organizational Structure
(i.e. local gov't, non-profit corporation, etc.)
Value of Purchase or Grant:
Advance Payment Amount Requested:
11 90 days startup Li Full Contract Period
Quarterly Ell Other(specify):
Period Advance Payment to Cover:
Indicate Statutory Authority: 215.422, F.S 216.181, F.S.
GAA Year and Line Item Info: SFY: Line Item:
DEP Agreement No. 14CC'Packet Page-739- 1,Attachment C,Page 1 of 4
1/12/2016 16.A.23.
1. Reason advance payment is required:
2. The following information required for advances requested pursuant to 215.422,Florida Statutes (and the
DFS's Reference Guide for State Expenditures)which exceed the purchasing threshold of category two as
defined in 287.017,Florida Statutes.
A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater
than the amount the State would earn by investing the funds and paying in arrears. Include the percent(%) savings to
be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information
may be obtained from the DFS, Division of Treasury at 850/413-3165 regarding the current Treasury earnings rate.
B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are
available only if advance payment is made:
C. Identify the procurement method used to select the vendor.
DEP Agreement No. 14CCPacket Page-740-1,Attachment C,Page 2 of 4
1/12/2016 16.A.23.
3. The following information required for advances to Governmental Entities and Non-Profits pursuant to
216.181,Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant& Aid
Appropriation Categories 05XXXX or 14XXXX)
A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest
earned to the Department on a quarterly basis.
Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the
advanced funds:
Remittances must: I) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or
Contract)No.,and 3)be forwarded to the following address:
Florida Department of Environmental Protection
Bureau of Finance and Accounting
Receipts Section
P.O.Box 3070
Tallahassee, Florida 32315-3070
DEP Agreement No. 140 Packet Page-741- 'Attachment C,Page 3 of 4
1/12/2016 16.A.23.
3. The recipient must provide an estimated budget for each quarter covered by the agreement. The
summary information should include salaries,fringe benefits, overhead,contracts(specify services to be
contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other
costs.
A sample summary format is provided below. The summary should include the breakdown for each quarter of
the agreement period. LI
Description First Second Third Fourth Quarter
Quarter Quarter Quarter
Salaries
(identify personnel/titles)
Fringe Benefits
Contractual Services
(list services and estimated
costs)
Equipment
(identify each item and cost)
- Supplies
Travel
Other(specify)
Overhead/Indirect
Total:
Certification Statement
The forgoing information is presented to the Florida Department of Environmental Protection in support of our
request for advance payment. I certify that the information provided accurately reflects the financial issues
facing the entity at this time.
By:
Type Name of Signatory: Date
Title: Chief Financial Officer or designee
DEP Program Area Review/Approval
Recommendation: El Approve Request DDeny Request
By: Date:
Type Name of Signatory:
Title: Bureau: Division:
DEP Agreement No. 14CC Packet Page-742-1,Attachment C,Page 4 of 4
1/12/2016 16.A.23.
ATTACHMENT D
ADVANCE PAYMENT—INTEREST EARNED MEMORANDUM
"SAMPLE DOCUMENT"
TO: Dena VanLandingham,Beach Management Funding Assistance Program,MS#3601
FROM: Lydia Louis,Finance and Accounting Director,Bureau of Finance and Accounting,MS#78
DATE:
SUBJECT: Advance Payment—DEP Agreement No.:XXXX
BECP Project No.:XXXX
Interest Due to DEP:(Quarterly)
Pursuant to Section 216.181(16)(b),Florida Statutes,advance payments must be deposited into an interest bearing account until all funds
have been depleted. In order to comply with this statute, advance approval of the State Chief Financial Officer, and the terms of the
above referenced contract, the following information is needed for our records no later twenty (20) days following each calendar
quarter(i.e.January 20,April 20,July 20,and October 20.)
Advance funding disbursed(date of disbursement) $
1. Advanced funds expended by contractor covering period of
f agreement execution)to(end of most recent calendar gtr) $.
2. Balance advance funding principal available $
3. Interest earned on advanced funds covering period of
(agreement execution)to (end of most recent calendar gtrl $
4. Amount of interest paid to DEP as of(end of most recent calendar gtr) $
5. Balance Due to DEP as of(end of most recent calendar gtr) $
(Project Manager's Signature) (Date)
Special Instructions: If the grant/contract specifies that any accrued interest that is based upon a grant/contract advance
payment(s) will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete
report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year
quarter shall include items 1,2,3,4,and 5. Items 3,4,and 5 will be the life to date interest.
If the contract states that no interest is due,quarterly reports of unexpended advances are required,lines 1 and 2.
The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables,payables,
or interest previously paid to DEP.
If the grant/contract requires quarterly accrued interest payments to DEP,the fund recipient must complete items 1 through 5
for each quarterly report.
Payments of interest due to DEP shall be paid within the specifications of the contract/grant.
Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850)
245-2452 in the Contracts Disbursement Section.
DEP Agreement No. 140 Packet Page-743- 1,Attachment D,Page 1 of 1
1/12/2016 16.A.23.
ATTACHMENT E
Florida Department of Environmental Protection
DEP 55-219 Contract Payment Requirements
Required Signatures: No Signature
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category(salary,travel,expenses,
etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item
has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect
the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries A payroll register or similar documentation should be submitted. The payroll
register should show gross salary charges,fringe benefits,other deductions and net
pay. If an individual for whom reimbursement is being claimed is paid by the hour,
a document reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Fringe Benefits should be supported by invoices showing the amount paid on
Benefits behalf of the employee(e.g.,insurance premiums paid). If the contract specifically
states that fringe benefits will be based on a specified percentage rather than the
actual cost of fringe benefits,then the calculation for the fringe benefits amount
must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel
voucher.
(4) Other Reimbursement will be made based on paid invoices/receipts. If nonexpendable
direct property is purchased using State funds,the contract should include a provision for
costs the transfer of the property to the State when services are terminated.
Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding
the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in Section 273.02,
Florida Statutes,for subsequent transfer to the State.
(5) In-house Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
charges reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate,
costs then the calculation should be shown.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address:
http://www.fldfs.com/aadir/reference guide.htm .
DEP Agreement No. 140 Packet Page-744- 1,Attachment E,Page 1 of 1
1/12/2016 16.A.23.
ATTACHMENT F
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART I
PAYMENT SUMMARY
NAME OF PROJECT: Collier County Beach Nourishment
LOCAL SPONSOR: Collier County
REMITTANCE ADDRESS:
DEP Agreement Number: 14C01
Billing Number:
Billing Type: ❑ Interim Billing ❑Final Billing
Costs Incurred This Payment Request:
Federal Share* State Share Local Share Total
$ $ $ $
*if applicable
Cost Summary:
State Funds Obligated$
Less Advance Pay$
Less Previous Payment$
Less Previous Retained$
Less This Payment$
Less This Retainage(10%)$ •
State Funds Remaining$
Local Funds Obligated$
Less Advance Pay $
Less Previous Credits$
Less This Credit$
Local Funds Remaining$
DEP Agreement No. 140 Packet Page-745- 1,Attachment F,Page 1 of 6
1/12/2016 16.A.23.
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART H
Name of Project: Billing Period(1):
Billing Number: Person Completing Form&Telephone Number(2):
DEP Agreement Number:
REIMBURSEMENT DETAIL
Federal °
Non-
Vendor Invoice Check Eligible %Fed Share of State
Federal State
Item # Invoice Deliverable Invoice Cost Share Invoice Share Share Share
Name Number Date Number Number(3) Amount(4) (5) (6) Amount (g) (9) (10)
(7)0*
$0.00
•
- Totals -
Total Due to Local Sponsor(15)
Form Instructions:
I. Billing Period: Should reflect Invoice services performed date.(beginning date-earliest date of services,end date-latest date of services performed).
2. Person responsible for completing this form:Please identify the person responsible for completing information if clarification is needed.
3. Deliverable#: Must identify completed deliverable(s)for each invoice. If invoice covers multiple deliverables,that invoice would be listed multiple times,a line item for each u�
4.Invoice Amount
5. Eligible Cost:Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only.
6. %Federal Share: If applicable this should be the percentage listed in Agreement. Federal Share will be listed on Table 1 if applicable.
7. Federal Share:If applicable,Local Sponsor will multiply Eligible Cost by Federal Share Percentage.
8. Non-Federal Share: Eligible Cost(5)minus Federal Share of Invoiced Amount(7).
9. Percentage of State Share: This should be the State Share Percentage listed in Agreement.
10. State Share: Multiply Non-Federal Share by State Share Percentage.
11. Local Share: Subtract State Share from Non-Federal Share.
12. Retainage Payment: Requires separate line for each completed Task,Sub-Task and or Deliverable that retainage is being requested.
13. Withheld Retainage: Multiply State Share by 10%.
14. State Payment:Subtract Retainage from State Share.
15. Total Due to Local Sponsor: Add Retainage Payment Total(12)to State Payment Total(14).
Notes:For questions or concerns regarding this form please contact: Janice Simmons-(850)245-2978 or email at Janice.L.Simmons @dep.state.fl.us
DEP Agreement No. 14C01,Amendment No. 1,Attachment F, Page 2 of 6
Packet Page-746-
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART III
PROJECT PROGRESS REPORT
NAME OF PROJECT: Collier County Beach Nourishment
LOCAL SPONSOR: Collier County
DEPARTMENT Agreement Number: 14C01
Billing Number:
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period,including statement(s)
regarding percent of task completed to date.Describe any implementation problems encountered, if applicable.)
Task Eligible Project
No: Item:
2.0 DESIGN AND PERMITTING
2.1 Permit Modification for 2014 Collier County Nourishment Project
2.2 Preliminary Coastal Processes Review
2.3 Permit Modification for Truck Haul(2014)
2.4 Beach Project 15 Year Permit
DEP Agreement No. 140 Packet Page-747- 1,Attachment F,Page 3 of 6
1/12/2016 16.A.23.
3.0 CONSTRUCTION
3.1 Emergency Truck Haul(2012)
3.2 Pre-Construction Services for 2014 Nourishment
3.3 Construction Services for 2014 Nourishment
3.4 Tropical Storm Fay FEMA Nourishment
3.5 Tropical Storm Debby FEMA Nourishment
3.6 Periodic Truck Haul Nourishment
4.0 MONITORING
4.1 Year 1 Post-Construction Physical Monitoring(2015)
DEP Agreement No. 14C(Packet Page-748- 1,Attachment F,Page 4 of 6
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4.2 Year 1 Post-Construction Biological Monitoring(2015)
DEP Agreement No. 14C(packet Page-749- 1,Attachment F,Page 5 of 6
1/12/2016 16.A.23.
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTIFICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT—PART IV
NAME OF PROJECT: Collier County Beach Nourishment
LOCAL SPONSOR: Collier County
DEPARTMENT Agreement Number: 1 4C0 1
Billing Number:
Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR;
that payment from the State Government has not been received; that the work and/or services are in accordance with the
Department of Environmental Protection,Beach Management Funding Assistance Program's approved Project Agreement
including any amendments thereto;and that progress of the work and/or services are satisfactory and are consistent with the
amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described
in the grant work plan.
I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of
checks,and other purchasing documentation are maintained as required to support the cost reported above and are available
for audit upon request.
Name of Project Administrator Signature of Project Administrator Date
Name of Project Financial Officer Signature of Project Financial Officer Date
DEP Agreement No. 14C(Packet Page-750- 1,Attachment F,Page 6 of 6
•
1/12/2016 16.A.23.
ATTACHMENT G
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
NAME OF PROJECT: Collier County Beach Nourishment
LOCAL SPONSOR: Collier County
DEPARTMENT Agreement Number: 14C01
Task Completion ❑(List Task)
Project Completion ❑
*I hereby certify that the above mentioned PROJECT task has been completed in accordance with the
PROJECT Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL
SPONSOR, and all funds expended for the project were expended pursuant to this Agreement. All unused
funds and interest accrued on any unused portion of advanced funds which have not been remitted to the
DEPARTMENT,have been returned to the DEPARTMENT,or will be returned to the DEPARTMENT within
sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the
United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the
Federal final accounting has been completed.
Name of Project Manager Signature of Project Manager Date
DEP Agreement No. 14C Packet Page-751-. 1,Attachment G,Page 1 of 1
—t 1/12/2016 16.A.23.
c ''- ATTACHMENT H
• o( f: .: 34 �
.
■
Florida Department of Environmental Protection
�� (SPECIAL AUDIT REQUIREMENT)
-.
�O
tsl P".
Required Signatures:No Signature
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 contract/agreement)to the recipient(which may
be referred to as the "Contractor", Grantee"or other name in the contract/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 OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by Department
staff, limited scope audits as defined by OMB Circular A-133, as revised, and/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 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 OMB
Circular A-133,as revised.
1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. 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 by OMB Circular A-133,as revised.An audit of the recipient
conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,
will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised.
3. If the recipient expends less than$500,000 in Federal awards in its fiscal year,an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends
less than$500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with
the provisions of OMB Circular A- 133, as revised, 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 than Federal
entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at http://12.46.245.173/cfda/cfda.html.
DEP Agreement No. 14C Packet Page-752-. 1,Attachment H,Page 1 of 5
1/12/2016 16.A.23.
• o•p•<<.,• ATTACHMENT H
• r ; . Florida Department of Environmental Protection
_ --'" (SPECIAL AUDIT REQUIREMENT)
•,-•nt•1 Vt•�
PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550(local governmental entities) or 10.650 (nonprofit and for-profit
organizations),Rules of the Auditor General.EXHIBIT 1 to this Attachment indicates 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 fmancial 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(7), 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 $500,000 in state fmancial assistance in its fiscal year, 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
$500,000 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:l/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
httu://www.state.fl.us/audgen.
PART IlI:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted,when required by Section.320 (d),OMB Circular
A-133,as revised,by or on behalf of the recipient directly to each of the following:
DEP Agreement No. 14C Packet Page-753-. 1,Attachment H,Page 2 of 5
•�a, e•P•.t,n, ATTACHMENT H
1/12/2016 16.A.23.
Florida Department of Environmental Protection
,,..� (SPECIAL AUDIT REQUIREMENT)
i 4
4•nt•l Ot•
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
F D E P S in gl eAud it(a,,dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised(the number of copies
required by Sections .320(d)(1)and(2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse),at the following address:
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/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or
on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
DEP Agreement No. 14C01 Packet Page-754- Attachment H,Page 3 of 5
1/12/2016 16.A.23.
a•A••t�,,e' ATTACHMENT H
•
Florida Department of Environmental Protection
(SPECIAL AUDIT REQUIREMENT)
i 4
44,•ftto pub
ab
B. The Auditor General's Office at the following
address: State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32990-1450
4. 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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudita,dep.fl.us
5. 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 OMB Circular
A-133,Florida Statutes,or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the
reporting package was delivered to the recipient in correspondence accompanying the reporting package.
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 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 3 years from the date the audit report is issued,unless
extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 14C01 Packet Page-755- Attachment H,Page 4 of 5
1/12/2016 16.A.23.
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