Backup Documents 05/23/2017 Item #16A15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16Ai F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP /ZS
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office CMG 5/23/17
4. BCC Office Board of County \
Commissioners y'47 / S`2 :\c
5. Minutes and Records Clerk of Court's Office
� SV
\
"-MA 5124in 3• m
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff J. Gary McAlpin, Coastal Zone Phone Number 252-5342
Contact/Department Management
Agenda Date Item was 5/23/17 Agenda Item Number 16-A-15
Approved by the BCC
Type of Document Agreement No. 16C01 Number of Original One
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature CMG
2. Does the document need to be sent to another agency for additional signatures? If yes, CMG
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
7. In most cases (some contracts are an exception),the original document and this routing slip CMG
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 5/23/17 and all changes made during the CMG t®.
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable. itatfijkly,%• _
9. Initials of attorney verifying that the attached document is the version approved by the 1 o;
BCC, all changes directed by the BCC have been made, and the document is ready for the 044004, F
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A15
Martha S. Vergara
From: Martha S.Vergara
Sent: Thursday, May 25, 2017 11:28 AM
To: hambright_g (GailHambright@colliergov.net)
Subject: Agreement#16C01 South Marco Beach Nourishment (Agenda Item#16A15)from the
5/23/17 BCC Meeting
Attachments: Gail Hambright.pdf
Gail,
Attached, for your records is a scanned copy of the aforementioned document being FedExed
today.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(acollierclerk.com
1
16A15
County-of Co11i`er
CLERK OF THE CIaCUT COURT
COLLIER COUNTY C(URTHO\JSE
3315 TAMIAMI TRL E STF. 102 Dwight E. Brock-Clerpf Circ��it Court
P.O. BOX413044
341
NAPLES,FL 34112-5324 NAPLES, FL 34101-3044
Clerk of Courts • Comptroller • Auditor • Custodian of County Funds
May 25, 2017
DEP
Attn: Dena VanLandingham
Program Grant Administrator
Beach Management Funding Assistance Program
3900 Commonwealth Blvd
Mail Station 3601
Tallahassee, Florida 32399
Re: Agreement #16C01 — South Marco Island Beach Nourishment
Transmitted herewith is the original of the above referenced document for your
records per request, as adopted by the Collier County Board of County
Commissioners of Collier County, Florida on Tuesday, May 23, 2017, during
Regular Session.
Please forward/e-mail a copy once the Agreement Amendment once it's fully
executed to martha.vergara@collierclerk.com for the Board's Official Records.
Very truly yours,
DWIGHT E. BROCK, CLERK
Martha Vergara, D ty Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com
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03033N f43110d ON IDNEINJ NI OL ONtXiliV 3110139 Ad03 SIHI 4Y131 ONY 1 tild
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16 A 1 5
AGREEMENT No: 16C01
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
SOUTH MARCO ISLAND BEACH NOURISHMENT
THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT" or "DEP"), 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 DEPARTMENT, pursuant to Sections 161.091 - 161.161, Florida Statutes (F.S.),
provides financial assistance to eligible governmental entities for beach erosion control and inlet management
activities under the Florida Beach Management Funding Assistance Program;and
WHEREAS, pursuant to 62B-36.005(1)(d), Florida Administrative Code (F.A.C.), the LOCAL
SPONSOR has resolved to support and serve as Local Sponsor,has demonstrated a financial commitment,and
has demonstrated the ability to perform the tasks associated with the beach erosion control project as described
herein.
WHEREAS,the 2015 Legislature has provided FY 2015-2016 funds for the design,construction and
monitoring for the South Marco Island Beach Nourishment project.
NOW,THEREFORE,in consideration of the mutual benefits to be derived hereunder,the
DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows:
1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion
control project known as the SOUTH MARCO ISLAND 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 31,2021.Pursuant to Section
161.101 (18), F.S., and 62B-36.009, F,A.C., work conducted on this PROJECT by the LOCAL
SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after March 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 design,construction,and monitoring.
DEP Agreement No. 16001,Page 1 of 14
1
16A15_.
4. For tasks specified in Table I 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 Attachment A, as an amendment or change order to this Agreement pursuant to
paragraph 39.
5. The DEPARTMENT has determined that 48.68 percent of the non-federal PROJECT cost is eligible
for state cost sharing. Therefore, the DEPARTMENTS financial obligation shall not exceed the sum
of $190,998.27 for this PROJECT or up to 24.34 percent of the non-federal PROJECT cost, if
applicable, for the specific eligible PROJECT items listed, whichever is less. Any indicated federal
cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-
federal share.
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 in Attachment A 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, United
States 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
2685 South Horseshoe Drive, Unit 103
Naples,FL 34104
(239)252-5342
garvmcalpin@colliergov.net
DEPARTMENT
Dena VanLandingham,Program Grant Administrator
Department of Environmental Protection
Beach Management Funding Assistance Program
3900 Commonwealth Blvd, MS 3601
Tallahassee,Florida 32399
(850)245-2970
Dena.Van 1 and i n gham@d ep.state.fl,us
Any changes to the contact information for DEPARTMENT personnel shown above or in paragraph 8
must be reduced to writing in the form of an email notification from the DEPARTMENT.
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 Program Grant Administrator for all administrative matters is Dena
VanLandingham,Phone: (850)245-2970.
DEP Agreement No. 16C01,Page 2 of 14 CAO
16A15.
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 or
other eligible units,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, Pursuant to 62B-36.003(4), F.A.C,the life of the PROJECT is defined as ten(10)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
or eligibility units the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided
by the DEPARTMENT associated with any beach access site and/or parking spaces or eligibility units
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.I81(16)(b), F.S., 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 I. 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.
DEP Agreement No. 16001,Page 3 of 14
16A15
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(USACE)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,F.S.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, F.S., 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 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%
DEP Agreement No. 16C01,Page 4 of 14 C
f
10A 15
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 of the
Request for Payment package),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 Microsoft Word
Vi(doc)or Adobe Acrobat®(,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(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,F.S.,as applicable,and Subsection
161.101(17), F.S. 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.
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.
DEP Agreement No. 16C01,Page 5 of 14
16 A 1 5
20. The applicable provisions of Chapter 161,F.S.,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, F.S. 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.
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
DEP Agreement No. 16C01,Page 6 of 14 !;q®
16 A 15
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, F,S,and
Section 24(a)of Article I of the State Constitution.
IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN
OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at
ombudsmanui?det.state.fl.us,or at the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd,Mail Slot 49
Tallahassee, FL 32399
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,
DEP Agreement No, 16C01,Page 7 of 14 C40
16A15
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 11
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.
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
U.S. Office of Management and Budget(OMB) Circular A-133, Subpart B, Section_.210
for determining whether the relationship represents that of a subrecipient 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.tldfs.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, F.S., 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,F.S., 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.
DEP Agreement No. 16C01,Page 8 of 14
16 A 1 5
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,F.S. 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.
32. To the extent required by law,the Grantee will secure and maintain insurance coverages in the amounts
and categories specified below, during the life of this Agreement. The Grantee shall provide
documentation of any private insurance or self-insurance, as may be applicable to governmental
entities, to the Department's Grant Manager prior to performance of any work pursuant to this
Agreement.
A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its
employees connected with the work of this project and, in case any work is subcontracted,
the Grantee shall require the subcontractor similarly to provide Workers' Compensation
Insurance for all of its employees unless such employees are covered by the protection
afforded by the Grantee. Any self-insurance program or insurance coverage shall comply
fully with the Florida Workers'Compensation law. In case any class of employees engaged
in hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of its employees not otherwise
protected.
13, The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly
secure and maintain, Commercial General Liability insurance including bodily injury and
property damage. The minimum limits of liability shall be$200,000 each individual's claim
and$300,000 each occurrence. 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 Grantee or any of its subcontractors. Such insurance
shall include the State of Florida,the Department,and the State of Florida Board of Trustees
of the Internal Improvement Trust Fund,as Additional Insureds for the entire length of the
Agreement.
C. The Grantee shall secure and maintain,and ensure that any of its subcontractors similarly
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 Grantee or any of its subcontractors, Such insurance shall include the
State of Florida,the Department, and the State of Florida Board of Trustees of the Internal
Improvement Trust Fund,as Additional Insureds for the entire length of the Agreement. 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
D. If any work proceeds over or adjacent to water,the Grantee 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
DEP Agreement No. 16C01,Page 9 of 14
t
16A15
compensation insurance,and any necessary watercraft insurance,with limits of not less than
$300,000 each. In addition,the Grantee 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(hnn.//www.dol.gov/owe /dlhwc/Iscontac.htm)or to the parties' insurance carriers.
E. All insurance policies shall be with insurers licensed or eligible to do business in the State of
Florida. The Grantee shall notify the Department's Grant Manager within 10 calendar days
of any cancellation of insurance or coverage, change in insurance provider, or change in
coverage limits. In the event of such changes, the Grantee shall provide documentation of
required coverage to the Department's Grant Manager concurrent with such notification. In
addition,the Grantee shall include these requirements in any sub grant or subcontract issued
for the performance of the work specified in Attachment A,Grant Work Plan.
F, If the Grantee is a Florida governmental entity that is self-funded for liability insurance,this
paragraph 32.F.supersedes 32,A.through E,above.
Grantee warrants and represents that it is self-funded for liability insurance,appropriate and
allowable under Florida law,and that such self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their
employment with the Grantee,
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,F.S.,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(DMS)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 DMS,Office of Supplier Diversity at(850)487-0915.
35. A. The LOCAL SPONSOR is 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.Funds from each agency must be accounted
for separately. 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
DEP Agreement No, 16CO1,Page 10 of 14
1 6 A 1 5
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,F.S.
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
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 ti
i
DEP Agreement No. 16C01,Page 11 of 14
16 A 1 5
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 modification to 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 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 an electronic data file,
such as Adobe Acrobat OD(pdf),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,pursuant to Section 668.004,F.S.
DEP Agreement No. 16C01,Page 12 of 14 c9®
16A15
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 Section 287,057(17)(a)(1),F.S.,all monitoring data and statistical
analysis must be provided directly and concurrently from the monitor to the DEPARTMENT/LOCAL
SPONSOR/permittee/engineering consultant.The LOCAL SPONSOR's engineering consultant must
provide an adequate mitigation plan,consistent with s.287.057(17)(a)(1),F.S.,including a description
of organizational,physical,and electronic barriers to be used by the LOCAL SPONSOR's engineering
consultant,that addresses conflicts of interest when contracting multi-disciplinary firms for PROJECT
engineering and post-construction environmental monitoring services, or when the PROJECT
engineering consultant firm subcontracts for post-construction environmental monitoring.
Environmental monitoring includes hardbottom,seagrass,and mangrove resources.DEPARTMENT
approval of the mitigation plan will be required prior to execution of this Agreement. If at any time
the LOCAL SPONSOR and/or its engineering consultant fails to comply with this provision, the
LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the
DEPARTMENT associated with environmental monitoring for the PROJECT listed in Attachment A.
45. In executing this Agreement,the Local Sponsor(or affiliate,subcontractor)certifies that it is not listed
on the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List,and/or Scrutinized Companies with Activities in Israel List
(eff. 10.1.2016), created pursuant to Section 215.473, F.S. Pursuant to Subsection 287.135(5), F.S.,
the Local Sponsor(or affiliate,subcontractor)agrees the Department may immediately terminate this
Agreement for cause if the Local Sponsor (or affiliate, subcontractor) is found to have submitted a
false certification or if the Local Sponsor (or affiliate, subcontractor) is placed on the Scrutinized
Companies list during the term of the Agreement,
46. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 16C01,Page 13 of 14
16 A 1 5
IN WITNESS WHEREOF,the undersigned have signed and executed this Agreement on the respective
dates under their signatures:
COL IERe_e: UNTY STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Title;Chaim Department of Environmental Protection
Secretary or designee ,' n /
1
Print Name and\Title\ (�,,Print Designee Name and Title
Date: S\Z3V-1 Date: 5 (3d/ /7
AffilatIo.59:6000558
DWIGHT E. BROCI4.C4erk _ 06-,Va L~
�►� Dena VanLandingham l_
gy; � '�_ `, a1►" Program Grant Administrator
Attest is to Cha mNn V4.__ A
re flnl -
.„
signature Y•.
Vincent George
CO Clt&21A—A1624A--12------
DEP Project Manager iLocal Sponsor's ttorney(if necessary)
Print Name and Title
*1f 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(5 pages)
Attachment B Funding Eligibility(1 page)
Attachment C Advanced Payment Justification Form(4 pages)
Attachment D Advanced Payment—Interest Earned Memorandum Sample(2 pages)
Attachment E Contract Payment Requirements(1 page)
Attachment F Request for Payment,Parts I-IV(4 pages)
Attachment G Project Completion Certification(1 page)
Attachment H Special Audit Requirements(5 pages)
DEP Agreement No.16C01,Page 14 of 14 (11!)
16A15
ATTACHMENT A
GRANT WORK PLAN
Project Title:South Marco Island Beach Nourishment.
Project Location:The Project is located between Department of Environmental Protection(Department/DEP)
reference monuments R143 and G4 along the Gulf of Mexico in Collier County, Florida, as specified in the
Strategic Beach Management Plan and Section 62B-36.005,Florida Administrative Code(F.A.C,).
Project Background: The South Marco Island Beach Restoration was completed in 1997, with nourishment
following in 2007.Nourishment was completed again in 2013,including a storm recovery component partially
funded by the Federal Emergency Management Agency(FEMA)to address damages sustained during Tropical
Storm Fay. The structural repair of five existing erosion control structures was completed in coordination with
the 2013 nourishment project. The next nourishment is scheduled for completion in 2017, including a storm
recovery component partially funded by FEMA to address damages sustained during Tropical Storm Debby.
Project Description: The Project consists of design, construction, and monitoring of the nourishment of
approximately 1.I miles of Gulf of Mexico shoreline between Department Monuments R143 —G4 in Collier
County.
The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement,all
applicable Department permits and the eligible Project task items established below. All data collection and
processing,and the resulting product deliverables,shall comply with the standards and technical specifications
contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all
associated state and federal permits, unless otherwise specified in the approved Scope of Work for an eligible
Project item.The monitoring standards may be found at:
http://www.
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department,unless otherwise specified.
Acronyms:
USACE- United States Army Corps of Engineers
FWC-Florida Fish and Wildlife Conservation Commission
JCP-Joint Coastal Permit
FEMA-Federal Emergency Management Agency
NEPA-National Environmental Policy Act
For the purpose of this Attachment A,Grant Work Plan,the term"Grantee"and"Local Sponsor"will be used
interchangeably.
DEP Agreement No. 16C01,Attachment A,Page 1 of 5
16A15
The Department and the Local Sponsor/Grantee agree that the state grant funding,not to exceed the estimated
costs of the Project,are identified in Table 1 below:
TABLE 1
Estimated Eligible Project Cost
State Federal
Task# Eligible Project Tasks Cost Estimated DEP Local Total
Share Project Coats
VA/
20 6Design and Permitting
2.1 Design of Truck Haul Nourishment(2016) 24.34% $14,031.77 $43,617.23 $57,649.00
Subtotal $14,031.77 S43,617.23 557,649.00
3,0Construction
3.1 2016 Storm Repair Nourishment 24.34'/. $161,194.00 $150,088.47 $466,544.53 $777,827.00
Subtotal $161,194.00 $150,088.47 $466,544.53 $777,827.00
4.0 Monitorint_
4.1Year 3 Post•Construction Physical Monitoring(2016) 24.34% $6376.91 519,822.39 $26,199.30
4.2 Year 1 Post-Construction Physical Monitoring(2017) 24.34% $6376.91 $19,822.39 $26,199.30
4.3 Year 2 Post-Construction Physical Monitoring(2018) 24.34% $6,823.29 $21,209.95 $28,033,24
4.41Year 3 Post-Construction Physical Monitoring(2019) 24.34% $7,300.92 $22,694.64 $29,995.56
Subtotal $26,878.03 $83549.37` $110,427.40
TOTAL PROJECT COSTS $161,194.00 $190,998.27 $593,711.13 S945,903.40
Changes in Project costs that increase or decrease the total funding amount shall require a formal amendment to
the Agreement.
TASKS and DELIVERABLES:
Tasks must be completed as outlined below and in the Department-approved scope(s)of work prepared by the
Local Sponsor for the Project.Deliverables listed below are to be completed by the Local Sponsor or submitted
to the Department by the due date listed in this Work Plan.The Deliverable due by dates established in this Grant
Work Plan indicate the time by which a Deliverable is received.The dates do not necessarily correspond with
permit required due by dates. The Local Sponsor must meet the terms of the permit for compliance. The
Department shall provide review and comment/approval of each Deliverable prior to reimbursement.
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. All data and analysis will be presented in a Department-approved format per the scope of
work required by paragraph 4 of this Agreement.
Performance Standard: All deliverables,reports,and monitoring results will be circulated to the Department
for review and comment.The Department's Grant Manager will review the deliverables to verify that they meet
the specifications in the Scope of Work and this Grant Work Plan and this task description, and that work is
being performed in accordance with the Grantee's service provider contracted documents and specifications.
Reimbursement requests may be submitted once a deliverable has been submitted to and approved by the
Department's Project Manager,in writing.
DEP Agreement No. 16C01,Attachment A,Page 2 of 5
1 6 A 1 5
2.1 Design of Truck Haul Nourishment(2016)
This task includes Design and Engineering Services for the 2016 South Marco Island Beach Nourishment
Project,Acquisition of JCPs from the Department and the USACE,Environmental Assessment(EA)preparation
to meet NEPA requirements,JCP 0235209-003-JC.
Deliverable A:Completed Permit Requirements resulting in Notice to Proceed from Department.
Total Cost;$57,649(DEPARTMENT Cost: $14,031.77).
Due Date: December 31,2020.
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 State or Federal permits.The Local Sponsor 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;
(2) A certification signed by the Local Sponsor's project manager as to the current cost of the
Project;stating that the materials,labor,or services represented by the invoice have been satisfactorily
purchased or performed and applied to the Project;and 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 that
have altered the Project's performance standards, scope of work, or purpose since the issuance of the
Department construction permit.
Performance Standard:The Department's Project Manager will review the construction activity package and
other deliverables to verify that 1) work was performed in accordance with the service provider's-contracted
documents and specifications in this task description and 2)that the deliverables meet the specifications in this
task description. Reimbursement requests may be submitted once a deliverable has been submitted to and
approved by the Department's Project Manager.
3.1 2016 Storm Repair Nourishment
Construction of a storm recovery nourishment to repair damages sustained during Tropical Storm Debby was
completed in November 2016.Tasks eligible for cost sharing include sand placement and all related management
services required for the implementation of the Project. The Project will be cost shared with assistance from
FEMA.
DEP Agreement No. 16CO1,Attachment A,Page 3 of 5
16A15 5
Deliverable A: Certification of completion of construction for the 2016 Tropical Storm Debby storm repair
nourishment.JCP 0235209-003-JC.
Total Cost: $777,827.00,Non-federal cost$601,453.00(DEPARTMENT Cost: $146,393.66).
Due Date: December 31,2020.
Deliverable B; Construction phase (2016) shorebird monitoring data submitted in FWC format and in
accordance with JCP 0235209-003-JC.
Total Cost:$15,180(DEPARTMENT Cost: $3,694.81).
Due Date: December 31,2020.
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 State or Federal agencies. A monitoring scope of work must 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.All data and analysis will be presented in a Department-approved format per the scope of
work required by paragraph 4 of this Agreement.
Performance Standard: All deliverables,reports,and monitoring results will be circulated to the Department
for review and comment.The Department's Grant Manager will review the deliverables to verify that they meet
the specifications in the Scope of Work and this Grant Work Plan and this task description, and that work is
being performed in accordance with the Grantee's service provider contracted documents and specifications.
Reimbursement requests may be submitted once a deliverable has been submitted to and approved by the
Department's Project Manager,in writing.
4.1 Year 3 Post-Construction Physical Monitoring(2016)
This task includes Post-Construction surveys and reports for Year 3 (2016)physical monitoring of the 2013
storm recovery nourishment,as required by Joint Coastal Permit#0235209-003-JC,
Deliverable A:Year 3 (2016)Annual Physical Monitoring Report.(JCP 0235209-003-JC).
Total Cost:$26,199.30(DEPARTMENT Cost: $6,376.91).
Due Date:December 31,2020.
4.2 Year I Post-Construction Physical Monitoring(2017)
This task includes Post-Construction surveys and reports for Year 1 (2017) physical monitoring of the 2016
storm recovery nourishment,as required by Joint Coastal Permit(JCP)#0235209-003-JC.
Deliverable A: Year 1 (2017)Annual Physical Monitoring Report.(JCP 0235209-003-JC).
Total Cost:$26,199.30(DEPARTMENT Cost:$6,376.91).
Due Date:December 31,2020.
4.3 Year 2 Post-Construction Physical Monitoring(2018)
This task includes Post-Construction surveys and reports for Year 2 (2018) physical monitoring of the 2016
storm recovery nourishment,as required by Joint Coastal Permit#0235209-003-JC.
Deliverable A:Year 2(2018)Annual Physical Monitoring Report.(JCP 0235209-003-JC).
Total Cost:$28,033.24(DEPARTMENT Cost: $6,823.29).
Due Date: December 31,2020.
DEP Agreement No, 16C01,Attachment A, Page 4 of 5
1 6 A 1 5
4.4 Year 3 Post-Construction Physical Monitoring(2019)
This task includes Post-Construction surveys and reports for Year 3 (2019) physical monitoring of the 2016
storm recovery nourishment,as required by Joint Coastal Permit#0235209-003-JC.
Deliverable A:Year 3 (2019)Annual Physical Monitoring Report.(JCP 0235209-003-JC).
Total Cost: $29,995.56(DEPARTMENT Cost:$7,300.92),
Due Date:December 31,2020.
NOTE: The deliverable due dates established in thls Grant Work Plan indicate the time by which a
deliverable is received. The dates do not necessarily correspond with permit required due dates. The
Local Sponsor must meet the terms of the permit for compliance. MI Tasks are Contractual Services.
DEP Agreement No. 16CO1,Attachment A,Page 5 of 5
16A15
ATTACHMENT B
FUNDING ELIGIBILITY
SOUTH MARCO ISLAND BEACH NOURISHMENT
Project Boundary:Project is located from DEPARTMENT Reference Monument 330'south of R142 to 600'
south of R 148.
Approximate Shoreline Length:5,629 FEET
Public Access
Width Additional Total
Type of of Total width from Eligible
Location/Name R-Mon Access Access/ Parking eligibility shoreline
spaces/units
Frontage Units (ft)
Englewood Beach Park 144 Lodging 510 NA 0 510
Beachcomber Lane 144.2 Lodging 350 NA 0 350
Swallow Avenue 148 Secondary 20 72 1860 1880
TOTAL 2740
Total eligible shoreline length:2,740 FEET
Total project shoreline length:5,629 FEET
Percent eligible for State funding:48.68 PERCENT
State Cost Share: 24.34 PERCENT
DEP Agreement No. 16C01,Attachment B,Page 1 of 1
.� 1 6 A 1 5
• .,•f
"::::::::;^:141
•# ATTACHMENT C
Florida Department of Environmental Protection
�'•�.•,,,,y•°`• DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM
Required Signatures: :`;:3 i'I' MN
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.) 0 ❑
Value of Purchase or Grant:
Advance Payment Amount Requested: IN fl
Period Advance Payment to Cover: 90 days startup Full Contract Period
Quarterly Other(specify):
Indicate Statutory Authority 215.422,F.S 216.181, F.S.
GAA Year and Line Item Info: SFY: 1 . Line Item:
1.Reason advance payment is required:
2.The following information is 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,
BGS-DEP 55-222(Effectivel0-17-2013)
DEP Agreement No. 16C01 Attachment C,Page 1 of 4
DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM 1 6 A 1 5
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:
BGS-DEP 55-222(Effectivel0-17.2013)
DEP Agreement No. 16C01 Attachment C,Page 2 of 4
16A15
DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM
C. Identify the procurement method used to select the vendor.
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
BGS•DEP 55-222(Effectivel0-17-2013)
DEP Agreement No, 16C01,Attachment C,Page 3 of 4
1 6 A 1 5
DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM
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.
Description First Second I 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: 0 Approve Request ❑ Deny Request
By: Dater Type
Name of Signatory:
Title: Bureau: Division:
BGS-DEP 55-222(Effectivel0-17-2013)
DEP Agreement No. l 6C01,Attachment C,Page 4 of 4
16A15
ATTACHMENT D
Memorandum Environmental Protection
WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST
TO: Contract Manager Name
FROM: Lydia Louis, Finance and Accounting Director III
Bureau of Finance and Accounting
DATE: MM/DD/YYYY
SUBJECT: Advanced Funds for:Advanced Funds Recipient Name
Contract No.
Begin Date: Ending Date:
Pursuant to Section 216.181(14)(b), Florida Statutes,advanced funds may be required to be deposited into an interest
bearing account until all funds have been depleted. In order to update the status on the unused portion of the
advanced funds and/or Interest due,the following information is needed no later than MMIDD/YYYY.
Interest Due to DEP:Yes 0 No 0
(If No,Advanced Funds Recipient is required to report only the amount of Advanced Funds Expended or Returned to DEP.)
Project% of Completion as of MMIDD/YY: Final Report: ❑ Yes or ❑ No
Project% of Completion as of MM/DD/YY: Estimated Project Completion Date:
Initial advanced funds disbursed MM/DD/YY Cumulative amount of advanced funds $
1 Advanced funds principal expended by contractor covering period of MM/DD/YY to MM/DD/YY $
2 Advanced funds principal returned by contractor covering period of MM/DD/YY to MM/DD/YY $
3 Advanced funds principal balance available on hand
4 Interest earned on advanced funds covering period of MM/DD/YY to MM/DD/YY $
5 Amount of Interest paid to DEP as of MM/DD/YY
6 Interest balance due to DEP as of MMIDD/YY $
e ,(
Project Management Certification:
By evidence of my signature below,the above information is true and correct. I have knowledge of the work performed
and the advanced funds principal on hand is needed to complete the project(s)by the Estimated Project Completion
Date.
DEP Contract Manager Printed Name Advanced Funds Recipient Printed Name
DEP Contract Manager Signature Date Advanced Funds Recipient Signature Date
DEP USE ONLY
Project Management Verification(please explain):
Thank you for your cooperation in providing the above information. If you have any questions, please contact the
Contract Disbursements Section at(850)245-2485, in the Bureau of Finance&Accounting,
DEP 53-210(10/2012)
DEP Agreement No. 16C01,Attachment D,Page 1 of 2
ii
16A15
INSTRUCTIONS TO COMPLETE THE ADVANCED FUNDS EXPENDED& INTEREST EARNED MEMO:
This form should be completed by the Advanced Funds Recipient in its entirety, signed and dated by the appropriate
personnel and submitted each reporting period Please ensure each field on the form is completed according to the
guidance provided.
Percentage of Project Completion must be completed, indicating the percentage of progress for the current reporting
period.
Estimated Project Completion Date must be completed, indicating the anticipated project completion date in the
MM/DD/YYYY format.
The Final Report indicator(Yes or No)must be completed.
If the contract states that no Interest is due, quarterly reporting of the expended advanced funds is still required. Lines 1,
2, and 3 must be completed.
In all cases the lines 1, 2, and 3 reported amounts are on a cash basis for the advanced funds principal. Do not include
receivables,payables,or interest previously paid to DEP.
If the grant/contract requires quarterly accrued interest payments to DEP, the advanced funds recipient must complete
lines 1 through 6 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the
grant/contract.
Project Management Certification:This section is to be completed by the DEP Contract Manager and the Advanced
Funds Recipient to certify that the information provided on this form is true and accurately reflects the status of the
advanced funds received from the Department.
Project Management Verification:This section is to be completed by the DEP Contract Manager in providing the method
used to verify that the information received from the Advanced Funds Recipient is true and accurately reflects the status
of the advanced funds received from the Department.
DEP 53-210(10/2012)
DEP Agreement No. 16C01,Attachment D, Page 2 of 2
16A15
ATTACHMENT E
Contract Payment Requirements
Florida Department of Financial Services,Reference Guide for State Expenditures
Cast Reimbursement Contracts
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 o f 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:
(t) 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 Benefits: Fringe Benefits should be supported by invoices showing the amount paid on 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 or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds,the contract should include a provision for 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-I.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: Charges which may be of an internal nature(e.g.,postage,copies,etc.)may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: blip://www.fldfs.cum/aadir/reference guide.htm
DEP 55-219(05/2008)
DEP Agreement No, 16C01,Attachment B,Page 1 of 1
16A15
ATTACHMENT F
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART I
PAYMENT SUMMARY
NAME OF PROJECT:South Marco Island Beach Nourishment
LOCAL SPONSOR: Collier County
REMITTANCE ADDRESS;
DEP Agreement Number: 16C01
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 Local Funds Obligated
$ $
Less Advance Pay Less Advance Pay
$ - $
Less Previous Payment Less Previous Credits
Less Previous Retained Less This Credit
$ $
Less This Payment Local Funds Remaining
$ $
Less This Retainage(10%)
$
State Funds Remaining
DEP Agreement No, 16C01,Attachment F,Page 1 of 4
16A15
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART II
Name of Project:: Billing Period(I):
Billing Number: Person Completing Form Telephone Number(2):
DEP Agreement Number:
REIMBURSEMENT DETAIL
Federal
Vendor Invalt Check Eligible %Fed Share of N0"' '6 State Local Retalnage Wlthked State
Item N Fede rel State
Name Number Invoice Number Deliverable Invoice Cosi Shore Invdee Share Share Payment Retainage Payment
Date Number(.1) Amoani(4) (5) (6) Amount Share Share (10) (11) (12) (13) (11)
•
--- •
- - . 50.00 0.00 0.00 0.00
•
Totals
Total Due to Local Sponsor(15)
Fern Mstru-dens•
1.Billing Period:Skald rd0ea Invoice services performed due.(beginning dateadieu dated services,end date-latest date ofservices performed).
2.Palm responsible for ccmpleirrg this form:Please identify the person respauible for completing information if clarification is needed.
3. Deliverable a:Mux identify completed deliverable(z)far each invoice.If introiee covers multiple ddiverablee,dial invdee avoid be Hated multiple times,a line item for tack deliverable.
4.Invoice Amotnt
5.Eligible Cost:Invoice amount paid by Local Sparsor less ineligible cost far tine item Deliverable only.
6. %Federal Share: If applicable this should be the pacmtage listed in Agreement Federal Shue will be listed on Tablet if applicable.
7.Federal Share.If applicable,Loral Spenser will multiply Ebsible Cat by Federal Share Percentage.
8.Nm-Federal Share Eligible Cost(5)minus Federal Share dInvoiced Arnow(7).
9.Percentage of State Share This should be the State Shore Percentage listed in Agreement,
10. State Share Multiply Nen•Fodcral Share by Sine Share Percentage.
11.local Share Subtract State Share from Nm-Federal Share,
12.Retainage Payment Requires separate line For each completed Task,Sub-1Joh and or Deliverable that'vainest isbeing requested.
13.Withheld Rgainage:Multiply State Share by 10%.
14.State Payment:Subtract Retalnagefton State Share
13.Total Due to local Sponsor. Add Retainage Payment Total(12)to Stitt Payment TOW(14).
Notes.For questions or Concerns regarding this ramukase contact-Janke Simmons-(850)245-2978 or email atianbe.L.Simmms(ddep.date.0.ue
DEP Agreement Na 16C0 I.Attachment F,Page 2 of 4
1 6 A 1 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART III
PROJECT PROGRESS REPORT
NAME OF PROJECT:South Marco Island Beach Nourishment
LOCAL SPONSOR Collier County
DEP Agreement Number: 16C01
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 Design of Truck Haul Nourishment(2017)
3.0 CONSTRUCTION
3.1 2017 Storm Repair Nourishment
4.0 MONITORING
4.1 Year 3 Post-Construction Physical Monitoring(2016)
4.2 Year 1 Post-Construction Physical Monitoring(2018)
DEP Agreement No. 16C01,Attachment F, Page 3 of 4
16A15
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTIFICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT—PART IV
NAME OF PROJECT:South Marco Island Beach Nourishment
LOCAL SPONSOR: Collier County
DEP Agreement Number: 16C01
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
ame o •roject financial Officer Signature of Project Financial Officer Date
DEP Agreement No. 16C01,Attachment F,Page 4 of 4
16A15
ATTACHMENT C
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
NAME OF PROJECT: South Marco Island Beach Nourishment
LOCAL SPONSOR:Collier County
DEP Agreement Number: 16C01
Task Completion D(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. 16001,Attachment 0,Page 1 of I
1 6 A 1 5
ATTACHMENT H
SPECIAL AUDIT REQUIREMENTS
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 ChicfFinancial 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-f 33,as revised. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year,the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department 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. En 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
intemet at http://12.46.245.173/cfda/cfda.html.
BGS-DEP 55-215
DEP Agreement No. 16C01,Attachment H,Page 1 of 5
1 6A15
PART it: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 I 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 financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part 1I,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 financial 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,cont/fsea for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index,cfm, State of Florida's website at http://www.mvfloridtl,com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.state.flaisiaudgen.
PART III:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to spec(fy 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 ofState financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with 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:
BGS-DEP 55-215
DEP Agreement No. 16C01,Attachment H,Page 2 of 5
16A15
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399.3000
Electronically:
FDF.P SingleAudi trii?dep.state.f 1.u s
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:/Jharvester.census.gov/fact
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(1), 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 one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSi naleAuditedep.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 one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSi ngleAudilf�dep.state.11,us
BGS-DEP 55-215
DEP Agreement No. 16COI,Attachment H,Page 3 of 5
16A15
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
11 l West Madison Street
Tallahassee,Florida 32399-1450
4, Copies of reports or management letters required by PART 111 of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399.3000
Electronically:
FDEPSinglleAudiuiildep.state,fl.ug
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
BGS-DEP 55-215
DEP Agreement No. 16C01,Attachment H,Page 4 of 5
16A15
EXHIBIT—1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to Ibis Agreement Consist of the Foltowlno: 1
Federal �.m .._.m I _ Stale
Program CFDA I Appropriation
Number Federal A-cnc Number CFDA Title I Funding Amount Category
Stale Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Foltowinu Wfatchh Resources for Federal Prog ms;
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title • Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subs to Section 215,97,F.S.:
State CSFA Title State
1 Program State CSFA or Appropriation I
Number Fundin,Source Fiscal Year Number Fundin_Source Descri rtion Fundin,Amount Cale Orr
Original General Revenue or Land 2015-2016 37.003 Beach Management Funding $190,998.27 140126
`. Agreement 1 Acquisition Trust Fund, Assistance Program f
GAA Line Item II 1647 l
Total Award 5190,998.27 ems `
For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Fcdcral Domestic Assistance(CFDA)
(help:1112.46.245.173tcfdaicfda.hrm!)and/or the Florida Catalog of State Financial Assistance(CSFA) (hips://apps.ildfs.conJfsaa/scarchCatalog.aspx). The
services/purposes for which the funds arc to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
1
i
BGS-DEP 55-215
DEP Agreement No. 16001,Attachment Ii,Page 5 of 5
1 6 A 1 5
Ann P. Jennejohn
From: HambrightGail <GailHambright@colliergov.net>
Sent: Thursday, July 20, 2017 1:01 PM
To: Minutes and Records
Subject: Amendments
Attachments: 16CO1 document sent to FDEP FULLY Executed.pdf; 14CO1_Amendment No 2 FULLY
Executed.pdf
Follow Up Flag: Follow up
Flag Status: Completed
You sent these out for signature and they came back fully executed. These were for the 5/23/17 BCC agenda.
Thanks,
cadi x giandotight, accountant
Coastal Zone Management
Capital Project Planning, Impact Fees
and Program Management Department, GMD
Collier County Government
2685 South Horseshoe Drive
Unit 103
Naples, Florida 34104
Phone: (239)252-2966
Fax: (239)252-2950
Stream Fax(239)252-6502
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
1 6 A 1 5._
AGREEMENT No: 16C01
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
SOUTH MARCO ISLAND BEACH NOURISHMENT
THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT" or "DEP"), 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 DEPARTMENT, pursuant to Sections 161.091 - 161.161, Florida Statutes (F.S.),
provides financial assistance to eligible governmental entities for beach erosion control and inlet management
activities under the Florida Beach Management Funding Assistance Program;and
WHEREAS, pursuant to 62B-36.005(1)(d), Florida Administrative Code (F.A.C.), the LOCAL
SPONSOR has resolved to support and serve as Local Sponsor,has demonstrated a financial commitment,and
has demonstrated the ability to perform the tasks associated with the beach erosion control project as described
herein.
WHEREAS, the 2015 Legislature has provided FY 2015-2016 funds for the design,construction and
monitoring for the South Marco Island Beach Nourishment project.
NOW,THEREFORE, in consideration of the mutual benefits to be derived hereunder,the
DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows:
1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion
control project known as the SOUTH MARCO ISLAND 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 31,2021.Pursuant to Section
161.101 (18), F.S., and 62B-36.009, F,A.C., work conducted on this PROJECT by the LOCAL
SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after March 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 design,construction,and monitoring.
DEP Agreement No. 1 6C01,Page 1 of 14
16A1
4. For tasks 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 Attachment A, as an amendment or change order to this Agreement pursuant to
paragraph 39.
5. The DEPARTMENT has determined that 48.68 percent of the non-federal PROJECT cost is eligible
for state cost sharing. Therefore,the DEPARTMENTs financial obligation shall not exceed the sum
of $190,998.27 for this PROJECT or up to 24.34 percent of the non-federal PROJECT cost, if
applicable, for the specific eligible PROJECT items listed,whichever is less. Any indicated federal
cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-
federal share.
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 in Attachment A 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, United
States 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
2685 South Horseshoe Drive,Unit 103
Naples,FL 34104
(239)252-5342
garvmcalpi Waco!'l iergov.net
DEPARTMENT
Dena VanLandingham,Program Grant 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
Any changes to the contact information for DEPARTMENT personnel shown above or in paragraph 8
must be reduced to writing in the form of an email notification from the DEPARTMENT.
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 Program Grant Administrator for all administrative matters is Dena
VanLandingham,Phone:(850)245-2970.
DEP Agreement No, 16C01,Page 2 of 14
J
1 6 A1
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 or
other eligible units,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. Pursuant to 62B-36.003(4),F.A.C,the life of the PROJECT is defined as ten(10)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
or eligibility units the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided
by the DEPARTMENT associated with any beach access site and/or parking spaces or eligibility units
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 2I6.181(16)(b), F.S., 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.
DEP Agreement No. 1 6C01,Page 3 of 14
425
16A15
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(USACE)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,F.S.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, F.S., have been
obtained. The final payment will not be processed until the match requirement has been met.
16. The DEPARTMENTS 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 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%
DEP Agreement No. I6C01,Page 4 of 14
•
1 6 A 1 5-
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 of the
Request for Payment package),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 Microsoft Word
®(.doc)or Adobe Acrobat®(.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(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,F.S.,as applicable,and Subsection
161.101(17), F.S. 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,
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.
DEP Agreement No. 16C01,Page 5 of 14 mil
A it
20. The applicable provisions of Chapter 161,F.S.,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, F,S. 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.
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
DEP Agreement No. 1 6C01,Page 6 of 14 CAp
_ _
16A15
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,F.S.and
Section 24(a)of Article I of the State Constitution.
IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN
OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at
ombudsrnanrri?dep.state,fl.us,or at the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd,Mail Slot 49
Tallahassee, FL 32399
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.
DEP Agreement No. 16C01,Page 7 of 14
16A15
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.
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
U.S. Office of Management and Budget(OMB) Circular A-133, Subpart B,Section_.210
for determining whether the relationship represents that of a subrecipient 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.tldfs.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, F.S., 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,F.S.,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.
iI !
DEP Agreement No. 16C0I,Page 8 of 14 CAp
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,F.S. 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.
32. To the extent required by law,the Grantee will secure and maintain insurance coverages in the amounts
and categories specified below, during the life of this Agreement. The Grantee shall provide
documentation of any private insurance or self-insurance, as may be applicable to governmental
entities, to the Department's Grant Manager prior to performance of any work pursuant to this
Agreement.
A, The Grantee shall secure and maintain Workers' Compensation Insurance for all of its
employees connected with the work of this project and, in case any work is subcontracted,
the Grantee shall require the subcontractor similarly to provide Workers' Compensation
Insurance for all of its employees unless such employees are covered by the protection
afforded by the Grantee. Any self-insurance program or insurance coverage shall comply
fully with the Florida Workers'Compensation law. In case any class of employees engaged
in hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of its employees not otherwise
protected.
B. The Grantee shall secure and maintain,and ensure that any of its subcontractors similarly
secure and maintain, Commercial General Liability insurance including bodily injury and
property damage. The minimum limits of liability shall be$200,000 each individual's claim
and$300,000 each occurrence. 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 Grantee or any of its subcontractors. Such insurance
shall include the State of Florida,the Department,and the State of Florida Board of Trustees
of the Internal Improvement Trust Fund,as Additional Insureds for the entire Iength of the
Agreement.
C. The Grantee shall secure and maintain,and ensure that any of its subcontractors similarly
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 Grantee or any of its subcontractors, Such insurance shall include the
State of Florida,the Department, and the State of Florida Board of Trustees of the Internal
Improvement Trust Fund,as Additional Insureds for the entire length of the Agreement. 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
D. If any work proceeds over or adjacent to water,the Grantee 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
DEP Agreement No. 1 6C01,Page 9 of 14
1 6 A 1 5
compensation insurance,and any necessary watercraft insurance,with limits of not less than
$300,000 each.In addition,the Grantee 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/owco/dlhwc/lscontac.htm)or to the parties' insurance carriers.
E. All insurance policies shall be with insurers licensed or eligible to do business in the State of
Florida.The Grantee shall notify the Department's Grant Manager within 10 calendar days
of any cancellation of insurance or coverage, change in insurance provider, or change in
coverage limits. In the event of such changes,the Grantee shall provide documentation of
required coverage to the Department's Grant Manager concurrent with such notification.In
addition,the Grantee shall include these requirements in any sub grant or subcontract issued
for the performance of the work specified in Attachment A,Grant Work Plan.
F. If the Grantee is a Florida governmental entity that is self-funded for liability insurance,this
paragraph 32,F.supersedes 32.A.through E.,above.
Grantee warrants and represents that it is self-funded for liability insurance,appropriate and
allowable under Florida law,and that such self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their
employment with the Grantee.
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,F,S,,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(DMS)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 DMS,Office of Supplier Diversity at(850)487-0915.
35. A. The LOCAL SPONSOR is 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.Funds from each agency must be accounted
for separately. 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,
13, 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
DEP Agreement No. 16C01,Page 10 of 14
1 6 A 15
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(1 0)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,F.S.
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
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 t.�
i
DEP Agreement No. 16C01,Page 11 of 14
1 6 A 15
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 modification to 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 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 an electronic data file,
such as Adobe Acrobat ',(.pdf),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,pursuant to Section 668.004,F.S.
DEP Agreement No. 16C01,Page 12 of 14 c'�O
16A15
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 Section 287.057(17)(a)(1),F.S.,all monitoring data and statistical
analysis must be provided directly and concurrently from the monitor to the DEPARTMENT/LOCAL
SPONSOR/permittee/engineering consultant,The LOCAL SPONSOR's engineering consultant must
provide an adequate mitigation plan,consistent with s.287.057(17XaX1),F.S.,including a description
of organizational,physical,and electronic barriers to be used by the LOCAL SPONSOR's engineering
consultant,that addresses conflicts of interest when contracting multi-disciplinary firms for PROJECT
engineering and post-construction environmental monitoring services, or when the PROJECT
engineering consultant firm subcontracts for post-construction environmental monitoring.
Environmental monitoring includes hardbottom,seagrass,and mangrove resources.DEPARTMENT
approval of the mitigation plan will be required prior to execution of this Agreement. If at any time
the LOCAL SPONSOR and/or its engineering consultant fails to comply with this provision, the
LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the
DEPARTMENT associated with environmental monitoring for the PROJECT listed in Attachment A.
45. In executing this Agreement,the Local Sponsor(or affiliate,subcontractor)certifies that it is not listed
on the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List,and/or Scrutinized Companies with Activities in Israel List
(eff. 10.1.2016), created pursuant to Section 215.473, F.S. Pursuant to Subsection 287.135(5), F.S.,
the Local Sponsor(or affiliate,subcontractor)agrees the Department may immediately terminate this
Agreement for cause if the Local Sponsor(or affiliate, subcontractor) is found to have submitted a
false certification or if the Local Sponsor (or affiliate, subcontractor) is placed on the Scrutinized
Companies list during the term of the Agreement.
46. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
•
DEP Agreement No. 16CO1,Page 13 of 14
I 6 A 1 5
IN WITNESS WHEREOF,the undersigned have signed and executed this Agreement on the respective
dates under their signatures:
COL IER UNTY STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Title:Chaff Department of Environmental Protection
Secretary or designee
--Pcx `
1v1 7- \,o r' ri Aak Vi dfrlakU7
Print Name an itle Print Designee Name and Title Wiz:/,.
Date: S\Z3\\'\ Date: 5 130 / /7
A t""�to.59 6U00pS
DWIGHT E BROCK.Cterk s,.a. \_.)c-.-�c ��--
3/ Dena VanLandingham
By: SLAC la � — YY Progr Grant Administrator
0
Attest ss to Chiu /
signature only..
_ - - .J.1
Vincent George
DEP Project Manager /
1 `� rt.(0(2/01A---rri)Alf24--32----.
Local Sonsor'Sponsor s Attoey(if necessary)
Print Name and Title
*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(5 pages)
Attachment B Funding Eligibility(1 page)
Attachment C Advanced Payment Justification Form(4 pages)
Attachment D Advanced Payment—Interest Earned Memorandum Sample(2 pages)
Attachment E Contract Payment Requirements(1 page)
Attachment F Request for Payment,Parts I-IV(4 pages)
Attachment G Project Completion Certification(1 page)
Attachment H Special Audit Requirements(5 pages)
DEP Agreement No, 16C01,Page 14 of 14 e
1 6 A 1 5
ATTACHMENT A
GRANT WORK PLAN
Project Title: South Marco Island Beach Nourishment.
Project Location:The Project is located between Department of Environmental Protection(Department/DEP)
reference monuments R143 and 04 along the Gulf of Mexico in Collier County, Florida, as specified in the
Strategic Beach Management Plan and Section 62B-36.005,Florida Administrative Code(F.A.C.).
Project Background: The South Marco Island Beach Restoration was completed in 1997, with nourishment
following in 2007,Nourishment was completed again in 2013,including a storm recovery component partially
funded by the Federal Emergency Management Agency(FEMA)to address damages sustained during Tropical
Storm Fay.The structural repair of five existing erosion control structures was completed in coordination with
the 2013 nourishment project. The next nourishment is scheduled for completion in 2017, including a storm
recovery component partially funded by FEMA to address damages sustained during Tropical Storm Debby,
Project Description: The Project consists of design, construction, and monitoring of the nourishment of
approximately 1.1 miles of Gulf of Mexico shoreline between Department Monuments R143 —G4 in Collier
County.
The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement,all
applicable Department permits and the eligible Project task items established below. All data collection and
processing,and the resulting product deliverables,shall comply with the standards and technical specifications
contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all
associated state and federal permits, unless otherwise specified in the approved Scope of Work for an eligible
Project item.The monitoring standards may be found at:
http://www.dep.state.f 1.us/beaches/publications/pdf/P hysica lMonitorinnSta ndards.pdf.
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department,unless otherwise specified.
Acronyms:
USACE- United States Army Corps of Engineers
FWC-Florida Fish and Wildlife Conservation Commission
JCP-Joint Coastal Permit
FEMA-Federal Emergency Management Agency
NEPA-National Environmental Policy Act
For the purpose of this Attachment A,Grant Work Plan,the term"Grantee"and"Local Sponsor"will be used
interchangeably.
DEP Agreement No, 16C01,Attachment A,Page 1 of 5
i 6-A-1-5
The Department and the Local Sponsor/Grantee agree that the state grant funding,not to exceed the estimated
costs of the Project,are identified in Table 1 below:
TABLE 1
Estimated Eligible Project Cost
State Federal
Task# Eligible Project Tasks SC6are Estimated DEP Local Total
(%) Project Coats
2.0 D
esign and Permitting
2.1 Design of Truck Haul Nourishment(2016) 24.34% $14,031.77 $43,617.23 $57,649.00
Subtotal $14,031.77 $43,617.23 $57,649.00
3.0 Construction
3.1 2016 Storrs Repair Nourishment 24.34% $161,194.00 $150,088.47 $466,544.53 $777,827.00
Subtotal $161,194.00 S150,088,47 $466,544.53 $777,827.00
4.0 Monitoring
4.1 Year 3 Post-Construction Physical Monitoring(2016) 24.34% $6376.91 $19,822.39 $26,199.30
4.2 Year 1 Pest-Construction Physical Monitoring(2017) 24.34% $6376.91 $19,822.39 $26,199.30
4.3 Year 2 Post-Construction Physeal Monitoring(2018) 24.34% $6,823.29 $21,209.95 528,033.24
4.4 Year 3 Post-Construction Physical Moaitormg(2019) 24.34% 57300.92 $22,694.64 529,99536
Subtotal $26,87803 $83,549.37 5110,427.40
TOTAL PROJECT COSTS $161,194.00 5190,998.27 $593,711.13 3945,903.40
Changes in Project costs that increase or decrease the total funding amount shall require a formal amendment to
the Agreement.
TASKS and DELIVERABLES:
Tasks must be completed as outlined below and in the Department-approved scope(s)of work prepared by the
Local Sponsor for the Project. Deliverables listed below are to be completed by the Local Sponsor or submitted
to the Department by the due date listed in this Work Plan.The Deliverable due by dates established in this Grant
Work Plan indicate the time by which a Deliverable is received.The dates do not necessarily correspond with
permit required due by dates. The Local Sponsor must meet the terms of the permit for compliance. The
Department shall provide review and comment/approval of each Deliverable prior to reimbursement.
•
TASK 2.0 Desien 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, All data and analysis will be presented in a Department-approved format per the scope of
work required by paragraph 4 of this Agreement.
Performance Standard: All deliverables,reports,and monitoring results will be circulated to the Department
for review and comment,The Department's Grant Manager will review the deliverables to verify that they meet
the specifications in the Scope of Work and this Grant Work Plan and this task description, and that work is
being performed in accordance with the Grantee's service provider contracted documents and specifications.
Reimbursement requests may be submitted once a deliverable has been submitted to and approved by the
Department's Project Manager,in writing.
DEP Agreement No. 16C01, Attachment A,Page 2 of 5
16A15
2.1 Design of Truck Haul Nourishment(2016)
This task includes Design and Engineering Services for the 2016 South Marco Island Beach Nourishment
Project.Acquisition of JCPs from the Department and the USACE,Environmental Assessment(EA)preparation
to meet NEPA requirements.JCP 0235209-003-JC.
Deliverable A:Completed Permit Requirements resulting in Notice to Proceed from Department.
Total Cost:$57,649(DEPARTMENT Cost:$14,031.77),
Due Date: December 31,2020.
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 State or Federal permits.The Local Sponsor 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;
(2) A certification signed by the Local Sponsor's project manager as to the current cost of the
Project;stating that the materials,labor,or services represented by the invoice have been satisfactorily
purchased or performed and applied to the Project;and 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 that
have altered the Project's performance standards, scope of work, or purpose since the issuance of the
Department construction permit.
Performance Standard:The Department's Project Manager will review the construction activity package and
other deliverables to verify that 1) work was performed in accordance with the service provider's-contracted
documents and specifications in this task description and 2)that the deliverables meet the specifications in this
task description. Reimbursement requests may be submitted once a deliverable has been submitted to and
approved by the Department's Project Manager.
3.1 2016 Storm Repair Nourishment
Construction of a storm recovery nourishment to repair damages sustained during Tropical Storm Debby was
completed in November 2016.Tasks eligible for cost sharing include sand placement and all related management
services required for the implementation of the Project. The Project will be cost shared with assistance from
FEMA,
DEP Agreement No. 16CO1,Attachment A,Page 3 of 5
kt5 .
Deliverable A: Certification of completion of construction for the 2016 Tropical Storm Debby storm repair
nourishment.JCP 0235209-003.IC.
Total Cost:$777,827.00,Non-federal cost$601,453.00(DEPARTMENT Cost: $146,393.66).
Due Date: December 31,2020.
Deliverable B: Construction phase (2016) shorebird monitoring data submitted in FWC format and in
accordance with JCP 0235209-003-JC.
Total Cost:$15,180(DEPARTMENT Cost: $3,694.81).
Due Date: December 31,2020.
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 State or Federal agencies. A monitoring scope of work must 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.All data and analysis will be presented in a Department-approved format per the scope of
work required by paragraph 4 of this Agreement.
Performance Standard: All deliverables,reports,and monitoring results will be circulated to the Department
for review and comment.The Department's Grant Manager will review the deliverables to verify that they meet
the specifications in the Scope of Work and this Grant Work Plan and this task description, and that work is
being performed in accordance with the Grantee's service provider contracted documents and specifications.
Reimbursement requests may be submitted once a deliverable has been submitted to and approved by the
Department's Project Manager,in writing.
4.1 Year 3 Post-Construction Physical Monitoring(2016)
This task includes Post-Construction surveys and reports for Year 3 (2016)physical monitoring of the 2013
storm recovery nourishment,as required by Joint Coastal Permit#0235209-003-JC.
Deliverable A:Year 3(2016)Annual Physical Monitoring Report.(JCP 0235209-003-JC).
Total Cost:$26,199.30(DEPARTMENT Cost: $6,376.91).
Due Date:December 31,2020.
4.2 Year 1 Post-Construction Physical Monitoring(2017)
This task includes Post-Construction surveys and reports for Year 1 (2017) physical monitoring of the 2016
storm recovery nourishment,as required by Joint Coastal Permit(JCP)#0235209-003-JC.
Deliverable A: Year 1 (2017)Annual Physical Monitoring Report.(JCP 0235209-003-JC).
Total Cost: $26,199.30(DEPARTMENT Cost: $6,376.91).
Due Date:December 31,2020.
4.3 Year 2 Post-Construction Physical Monitoring(2018)
This task includes Post-Construction surveys and reports for Year 2 (2018) physical monitoring of the 2016
storm recovery nourishment,as required by Joint Coastal Permit#0235209-003-JC.
Deliverable A:Year 2(2018)Annual Physical Monitoring Report.(JCP 0235209-003-JC).
Total Cost:$28,033.24(DEPARTMENT Cost: $6,823.29).
Due Date:December 31,2020.
DEP Agreement No. 16C01,Attachment A,Page 4 of 5
16A15
4.4 Year 3 Post-Construction Physical Monitoring(2019)
This task includes Post-Construction surveys and reports for Year 3 (2019) physical monitoring of the 2016
storm recovery nourishment,as required by Joint Coastal Permit#0235209-003-JC.
Deliverable A:Year 3(2019)Annual Physical Monitoring Report.(JCP 0235209-003-JC).
Total Cost: $29,995,56(DEPARTMENT Cost:$7,300.92).
Due Date: December 31,2020.
NOTE: The deliverable due dates established In this Grant Work Plan indicate the time by which a
deliverable is received. 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. I 6C01,Attachment A,Page 5 of 5
16A15
ATTACHMENT B
FUNDING ELIGIBILITY
SOUTH MARCO ISLAND BEACH NOURISHMENT
Project Boundary:Project is located from DEPARTMENT Reference Monument 330' south of R142 to 600'
south of R148.
Approximate Shoreline Length:5,629 FEET
Public Access
Width Total Additional Total
Type of of width from Eligible
Location/Name R-Mon Access Access/ parking eligibility shoreline
Frontage spaces/units Units (ft)
Englewood Beach Park 144 Lodging 510 NA 0 510
Beachcomber Lane 144,2 Lodging 350 NA 0 350
Swallow Avenue 148 Secondary 20 72 1860 1880
TOTAL 2740
Total eligible shoreline length: 2,740 FEET
Total project shoreline length:5,629 FEET
Percent eligible for State funding:48.68 PERCENT
State Cost Share:24.34 PERCENT
DEP Agreement No. 16CO1,Attachment B,Page 1 of 1
i
1 5
ATTACHMENT C
/ Florida Department of Environmental Protection
DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM
Required Signatures t`:`?_P;I;;
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.) f
Value of Purchase or Grant: I�
Advance Payment Amount Requested: Li f 1
Period Advance Payment to Cover: 90 days startup Full Contract Period
Quarterly Other(specify):
Indicate Statutory Authority: 215.422,F.S 216.181, F.S.
GAA Year and Line Item Info: SFY: Line Item:
1.Reason advance payment is required:
2.The following information is required for advances requested pursuant to 215.422,Florida Statutes(and the DFS',
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.
BGS-DEP 55-222(Effcctivel0-17-2013)
DEP Agreement No. 16CO1 Attachment C,Page 1 of 4
1 6 A15
DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM
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:
BGS•DEP 55-222(Effectivel0-17-2013) •
DEP Agreement No. 16C01 Attachment C,Page 2 of 4
16A15
DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM
C. Identify the procurement method used to select the vendor.
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: 1)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
BGS.DEP 55-222(Effectivel0-17.2013)
DEP Agreement No, 16C01,Attachment C,Page 3 of 4
DEP 55-222 ADVANCE PAYMENT JUSTIFTCATON FORM
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.
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: ❑ Approve Request C] Deny Request
By:_ Date: Type
Name of Signatory:
Title: Bureau: Division:
BGS-DEP 55-222(Efectivel0-17-2013)
DEP Agreement No. 16C01,Attachment C,Page 4 of 4
ATTACHMENT D 16 A 15
Memorandum Environmental Protection
WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST
TO: Contract Manager Name
FROM: Lydia Louis,Finance and Accounting Director III
Bureau of Finance and Accounting
DATE: MM/DD/YYYY
SUBJECT: Advanced Funds for:Advanced Funds Recipient Name
Contract No.
Begin Date: Ending Date:
Pursuant to Section 216.181(14)(b), Florida Statutes,advanced funds may be required to be deposited into an interest
bearing account until all funds have been depleted. In order to update the status on the unused portion of the
advanced funds and/or Interest due,the following information is needed no later than MM/DD/YYYY.
Interest Due to DEP:Yes 0 No 0
(If No,Advanced Funds Recipient is required to report only the amount of Advanced Funds Expended or Returned to DEP.)
Project%of Completion as of MM/DD/YY: Final Report: 0 Yes or 0 No
Project%of Completion as of MM/DD/YY: Estimated Project Completion Date:
Initial advanced funds disbursed MM/DD/YY Cumulative amount of advanced funds $
1 Advanced funds principal expended by contractor covering period of MM/DD/YY to MM/DD/YY
$
2 Advanced funds principal returned by contractor covering period of MM/DD/YY to MM/DD/YY $
3 Advanced funds principal balance available on hand $
4 Interest earned on advanced funds covering period of MM/DD/YY to MM/DDIYY $
5 Amount of Interest paid to DEP as of MM/DD/YY $
6 Interest balance due to DEP as of MM/DD/YY
Project Management Certification:
By evidence of my signature below,the above information is true and correct. I have knowledge of the work performed
and the advanced funds principal on hand is needed to complete the project(s)by the Estimated Project Completion
Date.
DEP Contract Manager Printed Name Advanced Funds Recipient Printed Name
DEP Contract Manager Signature Date Advanced Funds Recipient Signature Date
DEP USE ONLY
Project Management Verification(please explain):
Thank you for your cooperation In providing the above information. If you have any questions, please contact the
Contract Disbursements Section at(850)245-2465, in the Bureau of Finance&Accounting.
DEP 53-210(10/2012)
DEP Agreement No. 16C01,Attachment D,Page 1 of 2
16A15
INSTRUCTIONS TO COMPLETE THE ADVANCED FUNDS EXPENDED&INTEREST EARNED MEMO:
This form should be completed by the Advanced Funds Recipient in its entirety, signed and dated by the appropriate
personnel and submitted each reporting period, Please ensure each field on the form is completed according to the
guidance provided.
Percentage of Project Completion must be completed,indicating the percentage of progress for the current reporting
period.
Estimated Project Completion Date must be completed,indicating the anticipated project completion date in the
MM/DDIYYYY format.
The Final Report indicator(Yes or No)must be completed.
If the contract states that no interest is due, quarterly reporting of the expended advanced funds is still required.Lines 1,
2, and 3 must be completed.
In all cases the lines 1, 2,and 3 reported amounts are on a cash basis for the advanced funds principal.Do not include
receivables, payables,or interest previously paid to DEP.
If the grant/contract requires quarterly accrued interest payments to DEP the advanced funds recipient must complete
lines 1 through 6 for each quarterly report. Payments of interest due to DSP shall be paid within the specifications of the
grant/contract.
Project Management Certification:This section is to be completed by the DEP Contract Manager and the Advanced
Funds Recipient to certify that the information provided on this form is true and accurately reflects the status of the
advanced funds received from the Department,
Project Management Verification:This section is to be completed by the DEP Contract Manager in providing the method
used to verify that the information received from the Advanced Funds Recipient is true and accurately reflects the status
of the advanced funds received from the Department.
DEP 53-210(10/2012)
DEP Agreement No. 16C01,Attachment D,Page 2 of 2
1 6 A 1 5
ATTACHMENT E
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
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 he 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 Benefits: Fringe Benefits should be supported by invoices showing the amount paid on 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 or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds,the contract should include a provision for 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: Charges which may be of an internal nature(e.g.,postage,copies,etc.)may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
•
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
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 55-219(05/2008)
DEP Agreement No. 16C01,Attachment E,Page 1 of 1
I
16 A 1 5
ATTACHMENT F
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART I
PAYMENT SUMMARY
NAME OF PROJECT:South Marco Island Beach Nourishment
LOCAL SPONSOR: Collier County
REMITTANCE ADDRESS:
DEP Agreement Number: 16C01
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 Local Funds Obligated
$ $
Less Advance Pay Less Advance Pay
$ $
Less Previous Payment Less Previous Credits
$ $
Less Previous Retained Less This Credit
$ $
Less This Payment Local Funds Remaining
$ $
Less This Retainage(10%)
State Funds Remaining
DEP Agreement No, 16C01,Attachment F,Page 1 of 4
16A15
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART II
Name of Project: Billing Period II):
Billing Number Person Completing Form&Telephone Number(2):
DEP Agreement Number:
•
REIMBURSEMENT DETAIL
Federal
•
Vendor Invoice Check Eligible S6 Fed Share of PeNd ni Stds Sats Local Realaage Withheld State
• Item R Invoice Deliverable Invoice COs: Share Invoice Share Share Payment Retainage Payment
Name Number Dau Number Number(3) Amouni(4) (5) (6) Amount Share Share (10) (11) (I2) (13) (14)
(7).. (8) (9)
50.00 0.00 0.00 0.00
Totals • - • .
Total Due to Local Sponsor(15)
Form Inan dice
1.Billing Period: Shard reelect Invoice services performed due.(beginning due•ender dare of services,end due•latest date of services performed).
2.Person responsible for canpteting Pis Rani:Please idenbl r the person mooamble for completing information if clrifiwim is needed.
3. Deliverable th Mum identify completed deliverable(:)for each irvoia.If invoice coven multiple deliverables,that invoice mould be lilted rauttiple lima,a Ins item for each deliverable.
4.Invoice Amount
5.Eligible Caw(mace ammnr paid by Local Spmaa less ineligible coat for Line hese Driverable only.
6. %Federal Shue(l applicable this should be the pacmuge Ihusd in Agreement.Federal Share milt be listed on Table 1 if applicable.
7.Federal Share If applicable,Local Sponsor will multiply Eligible Cat by Federal Shore Paoattags
8.Non-Federal Shrr Eligible Cost(5)mems Federal Shoe of Invoiced Amount(7).
9. Percentage of Stele Share This should be the State Share Percentage listed in Agreement.
10. State Shue;Multiply Nal-Federal Sham by State Share Percentage.
• 11.Local Share Subtract State Share from Nan-Federal Shore.
12.Retainage Payment,Requires separate line Sar each completed Tub.Sub-Tuk and or Deliverable that retainage isbeing equated.
13. Withheld Retainage:Multiply State Share by 10%.
14. Stale Payment:Sultrier Retainage Rom State Share.
15.Total Due to Local Spmaor:Add Raainage Pymml Total(12)to State Payment Tool(14)
Now.For questionsetcancans regarding this form please corbel Unice Simmons-(150)745-2978or email atJanice LSieenoneedep.Iale.R.us
DEP Agreement No,I 6COI,Attachment F,Page 2 of 4
f 6 A 1 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART III
PROJECT PROGRESS REPORT
NAME OF PROJECT:South Marco Island Beach Nourishment
LOCAL SPONSOR:Collier County
DEP Agreement Number: 16C01
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 Design of Truck Haul Nourishment(2017)
3.0 CONSTRUCTION
3.1 2017 Storm Repair Nourishment
4.0 MONITORING
4.1 Year 3 Post-Construction Physical Monitoring(2016)
4.2 Year 1 Post-Construction Physical Monitoring(2018)
DEP Agreement No. 16C01,Attachment F,Page 3 of 4
1 6 A 1 5.
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTIFICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT—PART IV
NAME OF PROJECT:South Marco Island Beach Nourishment
LOCAL SPONSOR: Collier County
DEP Agreement Number: 16C01
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. 16CO1,Attachment F,Page 4 of 4
__ 1 .6_ .. 1.5
ATTACHMENT G
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
NAME OF PROJECT: South Marco Island Beach Nourishment
LOCAL SPONSOR:Collier County
DEP Agreement Number, 16C01
Task Completion ❑(List Task)
Project Completion ❑
*1 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. 16C01,Attachment 0,Page 1 of 1
1 6. A 1 5
ATTACHMENT H
SPECIAL AUDIT REQUIREMENTS
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-I33,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-I33,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 5500,000 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 httg//12.46.245.173/cfda/efda.html.
BGS-DEP 55-215
DEP Agreement No. 16C01,Attachment H,Page 1 of 5
16A1 .5
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 t 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 financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(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 financial 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,stnte.fl.us/Welcome/index,cfm, State of Florida's website at http'//www.mvflorida.cond,
Department of Financial Services' Website at httn:l/www.fldfs,com/and the Auditor General's Website at
htty:/lwww.state.flus/audgen.
PART III:OTHER AUDIT REQUIREMENTS
(NOTE. This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that Stale awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is nor 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 Stale financial assistance that are in addition to audits conducted
in accordance with Section 2)5.97, 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:
BGS-DEP 55-215
DEP Agreement No. 16C01,Attachment H,Page 2 of 5
161415
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDF,PSingleAudJt iidep.state.fl.us
1
13. 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 one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSinuleAuditrcldep.statc.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 one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSiniticAudi adec.state.fl.us
BGS-DEP 55-215
DEP Agreement No. 16001,Attachment H,Page 3 of 5
16A15
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 32399-1450
4. Copies of reports or management letters required by PART Ill of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399.3000
Electronically:
FDEPSiny.leAudit deo.state,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.
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DEF Agreement No. 16C01,Attachment H,Page 4 of 5
16A15
EXHIBIT-
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal — Stals
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title t Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 2l5,99,F.S.:
State CSFA Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Original General Revenue or Land 2015-2016 37.003 Beach Management Funding $190,998.27 140126
Agreement Acquisition Trust Fund, Assistance Program
GAA Line Item M 1647
Total Award 1 S190,998.27 • -
For each program identified above.the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA)
[http:P12.46.245.173ictdaieda.html]andlor the Florida Catalog of State Financial Assistance(CSFA)Ihttps://apps.t1dfs.com/fsaa/aearohCatalog.aspx). The
servicesipurposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
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DEP Agreement No.16001,Attachment H,Page 5 of 5