Agenda 04/28/2015 Item #16A10 4/28/2015 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Amendment No.2 to Contract
No. 12C01 with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches
and Coastal Systems Beach Management Funding Assistance Program for Collier County Beach
Monitoring.
OBJECTIVE: To obtain approval of Amendment No. 2 to Contract No. 12C01 with the Florida
Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach
Management Funding Assistance program for Collier County Beach Monitoring.
CONSIDERATIONS: FDEP Contract No. 12C01 was approved by the Board of County
Commissioners (BCC) on June 12, 2012 item 16D9 and Amendment No. 1 on February 25, 2014
item 16A15. The purpose of this Agreement was to enter into a cost share agreement with FDEP
for Collier County beach monitoring. This item includes the physical survey of the beaches for
both the dry beach and the wet beach to a depth of closure of-11 feet.
This amendment partially reimburses the County for permit-required post construction
monitoring for 2013 (seventh year) after the initial renourishment in 2005/2006. Approval of
this contract amendment will allow Collier County to be partially reimbursed for work
previously completed. Revenue in the amount of $4,318.84 plus withheld retainage in the
amount of$4,284.02 is expected to be received from FDEP for previous expenditures.
FISCAL IMPACT: Grant award revenue in the amount of $47,159 was budgeted at initial
award in TDC Beach Renourislunent Fund 195, Project No. 90536 (County/Naples Beach).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. —CMG
RECOMMENDATION: Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to execute Amendment No. 2 to Contract No. 12C01 with the
Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal
Systems Beach Management Funding Assistance Program for Collier County Beach Monitoring.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning,
Impact Fees and Program Management Division
Attachments: A) FDEP Amendment No. 2; B) FDEP Amendment No. 1 to 12C01; C) FDEP
12C01 Agreement
Packet Page -824-
4/28/2015 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve and authorize the Chairman to execute
Amendment No. 2 to Contract No. 12C01 with the Florida Department of Environmental
Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding
Assistance Program for Collier County Beach Monitoring.
Meeting Date: 4/28/2015
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
4/1/2015 12:20:45 PM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
4/1/2015 12:20:46 PM
Approved By
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 4/6/2015 4:43:43 PM
Name:NorthrupAdam
Title: Procurement Specialist, Purchasing&General Services
Date: 4/7/2015 10:33:40 AM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 4/9/2015 3:18:44 PM
Name: Markiewiczjoanne
Title: Division Director-Purchasing&Gen Svc,Purchasing&General Services
Date:4/10/2015 6:49:42 AM
Packet Page -825-
4/28/2015 16.A.10.
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date:4/10/2015 8:57:59 AM
Name: PattersonAmy
Title: Manager-Impact Fees&EDC, Business Management&Budget Office
Date: 4/10/2015 11:33:39 AM
Name: KearnsAllison
Title: Manager Financial &Operational Support, Transportation Administration
Date: 4/13/2015 11:48:50 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/13/2015 1:17:24 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/15/2015 8:28:47 AM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 4/1 5/2015 10:33:49 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/15/2015 11:03:04 AM
Name: KlatzkowJeff
Title:County Attorney,
Date: 4/15/2015 11:08:15 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 4/16/2015 11:28:19 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/16/2015 11:42:28 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/16/2015 3:25:05 PM
Packet Page-826-
4/28/2015 16.A.10.
Packet Page-827-
4/28/2015 16.A.10.
AMENDMENT No.2
DEP AGREEMENT No: 12C01
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESOURCE MANAGEMENT
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
COLLIER COUNTY MONITORING
THIS AGREEMENT as entered into on 20th day of June, 2012, and amended on 24th day of March,
2014,between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(hereinafter referred
to as the"DEPARTMENT"),whose address is 2600 Blair Stone Road,MS 3554,Tallahassee,Florida 32399,
and COLLIER COUNTY, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose
address is 2800 N. Horseshoe Drive,Naples,Florida 34104,for the project described herein.
WHEREAS, the LOCAL SPONSOR has requested to revise deliverables in the Grant Work Plan in
preparation for final Monitoring and the DEPARTMENT has agreed. Accordingly, the Grant Work Plan is
revised as set forth in Attachment A-2.; and,
NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom,the
DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows:
• Paragraphs 1 through 45 are hereby deleted in their entirety and replaced with the following:
1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion
control project known as the COLLIER COUNTY MONITORING, (hereafter referred to as the
PROJECT), as defined in Attachment A-2 (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 December 31, 2015. Pursuant to
Section 161.101 (18),Florida Statutes,and 62B-36.009,Florida Administrative Code,work conducted
on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the
DEPARTMENT beginning on or after July 11, 2011, may be eligible for reimbursement by the
DEPARTMENT,provided that the PROJECT is approved by the DEPARTMENT. If work identified
in the approved Grant Work Plan is completed prior to time allowed in this Agreement,this Agreement
may be amended to close out the Agreement.
3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined
by the DEPARTMENT.
4. 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.
5. 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.
DEP Agreement No. 12C01,Amendment No. 2,Page 1 of 12 �P+y
Packet Page-828- �./
4/28/2015 16.A.10.
6. 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 permit required Monitoring for three segments of
shoreline within Collier County, FL. A nourishment project was completed in 2006 and included a
one acre mitigation reef to compensate for damage to nearshore hardbottom resources. Nourishment
was completed again in 2013. The life of the PROJECT is defined as ten (10) years following
completion of each construction event.The parties expressly agree that the provisions of this paragraph
shall survive and be enforceable beyond the expiration date of this Agreement.
7. For tasks,as specified in Table 1 below and in Attachment A-2,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 require approval by the DEPARTMENT as to content,
deliverables,and schedule prior to initiating the work.
8. A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the
PROJECT are identified in Table 1 below:
TABLE 1
State
Task# Eligible Project Tasks Cost DEP Local Total
Share
(%)
4.0 Monitoring
4.1 Year 5 Physical and Nearshore 32.24%
Biological(2011) $27,915.16 $58,670.32 $86,585.48
4.2 Year 7 Physical Monitoring(2013) 32.24% $19,243.84 $40,445.49 $59,689.33
TOTAL PROJECT COSTS $47,159.00 $99,115.81 $146,274.81
B. Changes in PROJECT costs that transfer funds from one task to another or that increase or
decrease the total funding amount shall require a formal amendment to the Agreement.
9. The DEPARTMENT has determined that 64.48 percent of the non-federal PROJECT cost is eligible
for state cost sharing. Therefore,the DEPARTMENT's financial obligation shall not exceed the sum
of$47,159 for this PROJECT or up to 32.24 percent of the non-federal project cost, if applicable,for
the specific eligible PROJECT items listed above,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.
10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the
PROJECT that are not shown in Table 1 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
Table 1 above,shall be provided through formal amendment to this Agreement.
11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent,
representative,or employee of the DEPARTMENT.
DEP Agreement No. 12C01,Amendment No.2,Page 2 of 12
Packet Page-829-
4/28/2015 16.A.10.
12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces,
as identified in Attachment B(Funding Eligibility),attached hereto and made a part hereof,for beach
use throughout the life of the PROJECT as established under this Agreement. 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 subject beach access sites and public parking,the LOCAL SPONSOR agrees to reimburse
the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site
and/or parking spaces which are no longer available to the public for a 10-year period. All parking
must be clearly signed or otherwise designated as public beach access parking.
13. A. In accordance with Section 216.181(16)(b), Florida Statutes, the DEPARTMENT, upon
written request from the LOCAL SPONSOR, including justification for said request, and
written approval from the State Chief Financial Officer,may provide an advance payment to
the LOCAL SPONSOR. In addition to the written request for advance payment,the LOCAL
SPONSOR shall also complete and submit the applicable portions of Attachment C
(Advance Payment Justification Form), attached hereto and made a part hereof.
Consideration for advance payment is at the discretion of the DEPARTMENT, and shall be
limited to eligible studies and project construction costs identified in Table 1. The LOCAL
SPONSOR's expenditures shall draw proportionally upon both the LOCAL SPONSOR's
funds and the DEPARTMENT's advanced funds in accordance with the cost share ratios
established pursuant to this Agreement.
B. If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the
advanced funds in an interest bearing account. The LOCAL SPONSOR shall be responsible
to the DEPARTMENT for a quarterly accounting of such funds on the dates identified in
paragraph 16.
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 Program 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) 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)days of the completion of the 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.
II
DEP Agreement No. 12CO1,Amendment No. 2,Page 3 of 12
Packet Page-830-
4/28/2015 16.A.10.
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 Program 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 Program
Administrator of the LOCAL SPONSOR's acceptance of the terms imposed by the State Chief
Financial Officer for release of funds.
14. 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 Scope of Work. These forms shall be
certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's
Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel
limits established in Section 112.061,Florida Statutes. A final invoice shall be due no later than thirty
(30) days following the completion date of this Agreement. The DEPARTMENT will not release
funds for construction activities until such time as all requisite authorizations,environmental permits,
and variances, including those required pursuant to Chapters 161, 253,258 and 373,Florida Statutes,
have been obtained. The final payment will not be processed until the match requirement has been
met.
15. The DEPARTMENT's Project Manager shall have thirty (30) 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 less ten(10)percent
which shall be retained on account. 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).
16. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's
Project Manager on a quarterly basis,Attachment F(Project Progress Report,Part III),as updates
to the project schedule, no later than thirty(30) days following the completion date of the quarterly
reporting period in which the project is underway. The term "quarterly" shall reflect the calendar
quarters ending March 31, June 30, September 30, and December 31. Progress reports are to be
submitted electronically in Word .doc or tab delimited .TXT format. Information provided shall be
DEP Agreement No. 12CO1,Amendment No.2,Page 4 of 12
Packet Page -831- �`�„)
4/28/2015 16.A.10.
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.
17. 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)days after the PROJECT is certified complete by the LOCAL SPONSOR.
18. The LOCAL SPONSOR shall,at a minimum,comply with monetary limits for competitive acquisition
of both materials and services as required by Chapter 287,and Chapter 161.101(17),Florida Statutes,
which are expressly made a part of this Agreement and incorporated herein by reference as if fully set
forth.
19. The applicable provisions of Chapter 161,Florida Statutes,entitled"Beach and Shore Preservation",
and any rules promulgated there from, are expressly made a part of this Agreement and are
incorporated herein by reference as if fully set forth.
20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However,nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28,Florida Statutes.
21. 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) 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)days written notice to the LOCAL SPONSOR. Notice shall be sufficient if
delivered personally or overnight courier to the address set forth in this Agreement.
22. 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 re-
perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the
DEPARTMENT, within ten (10) 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 Grant 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)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 Grant 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
DEP Agreement No. 12CO1,Amendment No.2,Page 5 of 12
Packet Page-832-
1
4/28/2015 16.A.10.
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 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 Grant Manager.
C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency
in the performance of the LOCAL SPONSOR 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.
23. Any notices between the parties shall be considered delivered by email,overnight courier or delivered
in person to the contact person at the addresses below.
LOCAL SPONSOR
Gary McAlpin
Collier County
2800 N.Horseshoe Drive
Naples,FL 34104
(239)252-5342
_garymcalpin(W col liergov.n et
DEPARTMENT
Dena VanLandingham,Grant Program Administrator
Department of Environmental Protection
Beach Management Funding Assistance Program
2600 Blair Stone Road,MS 3554
Tallahassee, Florida 32399
(850)245-7692
Dena.Vanlandingham(c idep.state.fl.us
Any changes to the contact information shown above or in paragraph 24 must be reduced to writing in
the form of an email notification.
24. 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 Vince George, Phone: (850)245-
7557 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena
VanLandingham,Phone:(850)245-7692.
DEP Agreement No. 12C01,Amendment No.2,Page 6 of 12
Packet Page -833-
4/28/2015 16.A.10.
25. This Agreement may be unilaterally canceled by the DEPARTMENT for 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, unless the records are exempt from
Section 24(a)of Article I of the State Constitution and Section 119.07(1)(a),Florida Statutes.
26. 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 Agreement completion. 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.
27. 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 Program
Administrator at 850/245-7692,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
OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship
represents that of a sub recipient or vendor. For state financial assistance, the LOCAL
SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be
found under the"Links/Forms" section appearing at the following website:
https://apps.fldfs.com/fsaa
The LOCAL SPONSOR should confer with its chief financial officer, or audit director or
contact the DEPARTMENT for assistance with questions pertaining to the applicability of
these requirements.
28. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited
from using funds provided by this Agreement for the purposes of lobbying the Legislature,the judicial
branch or a state agency.
29. 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.
DEP Agreement No. 12C01,Amendment No.2, Page 7 of 12
Packet Page-834-
4/28/2015 16.A.10.
30. 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.
31. 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.
32. To the extent required by law,the LOCAL SPONSOR will be self-insured against,or will secure and
maintain during the life of this Agreement,Workers' Compensation Insurance for all of its employees
connected with the work of this project.In the case any work is subcontracted,the LOCAL SPONSOR
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection afforded by the
LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise
protected.
33. The LOCAL SPONSOR 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 LOCAL SPONSOR's officers,employees,servants and agents while acting within the scope of
their employment with the LOCAL SPONSOR.
34. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not
required to pay any taxes on the services or goods purchased under the terms of this Agreement.
35. 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.
36. A. No person, on the grounds of race, creed, color, national origin, age, sex, 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 maintained by the
Florida Department of Management Services 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. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of Supplier Diversity at
(850)487-0915.
37. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for
DEP Agreement No. 12C01,Amendment No.2,Page 8 of 12
Packet Page -835-
4/28/2015 16.A.10.
separately. LOCAL SPONSORS are prohibited from commingling funds on either a program-
by-program or a project-by-project basis. Funds specifically budgeted and/or received for one
project may not be used to support another project. Where a LOCAL SPONSOR's, or
subrecipient's, accounting system cannot comply with this requirement, the LOCAL
SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability
for each project it has been awarded.
B. .If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT
shall have the right to demand a refund,either in whole or in part,of the funds provided to the
LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this
Agreement. The LOCAL SPONSOR, upon such written notification from the
DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT,the amount of
money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on
the prevailing rate used by the State Board of Administration. Interest shall be calculated from
the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL
SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT.
C. .In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and
reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall
reimburse the DEPARTMENT for all recovered funds originally provided under this
Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the
State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are
recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT
by the LOCAL SPONSOR.
38. 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) days after execution. The
LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included
in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the
payment of all monies due under any subcontract. It is understood and agreed by the LOCAL
SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses
or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the subcontract.The
LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based
on the travel limits established in Section 112.061,Florida Statutes.
1. The LOCAL SPONSOR may award,on a competitive basis,fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A. Invoices
submitted to the DEPARTMENT for fixed price subcontracted activities shall be
supported with a copy of the subcontractor's invoice and a copy of the tabulation form
for the competitive procurement process (Invitation to Bid or Request for Proposals)
resulting in the fixed price subcontract.
2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a
fixed price subcontract resulting from procurement methods other than those identified
in the paragraph above. In this instance, the LOCAL SPONSOR shall request the
advance written approval from the DEPARTMENT's Project Manager of the fixed price
negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a 1,
detailed budget and Scope of Services to be performed by the subcontractor. Upon
DEP Agreement No. 12CO1,Amendment No.2,Page 9 of 12
0
Packet Page-836-
4/28/2015 16.A.10.
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 paragraph 14 and any other appropriate
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.
39. When applicable,the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of
the selection of an intended subcontractor for a construction task and provide a tabulation list from
which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid
form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to
offer services in the State of Florida for studies, design and permitting and monitoring tasks in
accordance with Chapter 287,F.S. Upon the DEPARTMENT's request,the LOCAL SPONSOR shall
furnish copies of the respective solicitation documents. Solicitation documents include, but are not
limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s),
including a detailed Scope of Work..
40. The purchase of non-expendable equipment costing$1,000 or more is not authorized under the terms
and conditions of this Agreement.
41. The DEPARTMENT may at any time, by written order designated to be a change order, make any
minor modifications, as described below. All change orders are subject to the mutual agreement of
both parties as evidenced in writing.Any change,which causes an increase or decrease in the LOCAL
SPONSOR's cost or time, shall require formal amendment to this Agreement. Minor modifications
which will be handled with a change order include notification of a modification of deliverable due
dates when such change does not involve an extension of contract, and modifying the Project Work
Plan when such modifications would not involve a decrease/increase in cost or an extension of the
performance period of this Agreement.
42. 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 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.
43. 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.
44. 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) 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
DEP Agreement No. 12C01,Amendment No.2,Page 10 of 12
Packet Page-837- �'
4/28/2015 16.A.10.
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.
45. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been
reduced to writing, duly signed by each of the parties hereto, and attached to the original of this
Agreement,unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 12C01,Amendment No.2,Page 11 of 12
Packet Page -838- 0
4/28/2015 16.A.10.
IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the
respective dates under their signatures:
COLLIER COUNTY FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
Title:Chairman Department of Environmental Protection
Secretary or designee
Date: Date:
FEID No. 59-6000558
Department of Environmental Protection
ATTEST: Grant Program Administrator
DWIGHT E. BROCK, Clerk
By:. APPROVED as to form and legality:
ocal Sponsor's Attorney Department of Environmental Protection
(if necessary) Attorney
*If someone other than the Chairman signs this Agreement, a resolution, statement or other documentation
authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement.
List of Attachments/Exhibits included as part of this Agreement:
Specify Letter/
Type Number Description(include number of pages)
Attachment A-2 Revised Grant Work Plan(2 pages)
Attachment B Funding Eligibility(1 page)
Attachment C Advanced Payment Justification Form(3 pages)
Attachment D Advanced Payment—Interest Earned Memorandum Sample(1 page)
Attachment E Contract Payment Requirements(1 page)
Attachment F Request For Payment,Parts I-IV(4 pages)
Attachment G Project Completion Certification(1 page)
Attachment H Special Audit Requirements(5 pages)
DEP Agreement No. 12C01,Amendment No.2,Page 12 of 12
Packet Page -839-
4/28/2015 16.A.10.
ATTACHMENT A-2
REVISED GRANT WORK PLAN
Project Title: Collier County Monitoring.
Project Location:The project includes 7.1 miles, among three segments of shoreline within Collier County,FL.
The segments consist of the following components: Vanderbilt Beach, approximately 1.5 miles between DEP
Monuments R22-R31; Park Shore, approximately 1.9 miles between DEP Monuments R45-R54.4; and Naples,
approximately 3.7 miles between DEP Monuments R58-R79. The project areas have been expanded from the
original restoration project that was constructed in 1996.
Project Background: Restoration was completed in 1996 followed by nourishment in 2006 &2013. The 2006
nourishment project included a one acre mitigation reef to compensate for damage to nearshore hardbottom
resources. Subsequent storm events caused additional erosion to the project. Funding assistance was requested
from the Federal Emergency Management Agency and in 2008&2012, federal funding was approved to mitigate
for storm-induced erosion. Staff has determined that 32.24%of the project was eligible for state cost sharing.
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 standard technical specifications
contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2004) and
Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein
after referred to as SOW) for an eligible PROJECT item. The monitoring standards and GIS guidelines may be
found at _http://www.dep.state.fl.us/beaches/publications/pdf/PhysicalMonitoringStandards.pdf.. One (1)
electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT,
unless otherwise specified.
Project Description:
The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed.
4.0 Monitoring
A monitoring program conducted in accordance with the requirements specified in any and all permits
issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted
and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall
be developed in a manner that will coordinate the monitoring activities with the Department's Regional
Coastal Monitoring Program.
Performance standard: All deliverables, reports, and monitoring results will be circulated to the
Department for review and comment. When comments are received from the Department affirming that
the deliverable is acceptable,payment will be authorized.
4.1 Year 5 Physical and Nearshore Biological Monitoring(2011)
Deliverable A: Post Construction Monitoring Report.
Pursuant to Collier County Agreement 08-5124,H&M proposal for physical monitoring to cover tasks
for beaches for 2011.
Total Cost: $86,585.48(DEP cost$27,915.16).
Due Date: December 31,2015.
DEP Agreement No. 12CO1,Amendment No. 2,Attachment A-2,Page 1 of 3
Packet Page-840-
4/28/2015 16.A.10.
4.2 Year 7 Physical Monitoring(2013)
Deliverable A: Post Construction Monitoring Report.
Pursuant to Collier County Agreement 09-5262-CZ,ATKINS proposal for physical monitoring to cover
tasks for beaches for 2013.
Total Cost: $59,689.33 (DEP cost$19,243.84).
Due Date: December 31,2015.
NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a
deliverable is received and approved for cost sharing. The dates do not necessarily correspond with
permit required due dates. The Local Sponsor must meet the terms of the permit for compliance.
All Tasks are Contractual Services.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 12CO1,Amendment No.2,Attachment A-2,Page 2 of 3
Packet Page -841-
4/28/2015 16.A.10.
ATTACHMENT B
FUNDING ELIGIBILITY
COLLIER COUNTY BEACH NOURISHMENT
Vanderbilt Beach Segment
Project Boundary: 350' south of R-22 to R-37
Approximate Shoreline Length: 14,920 FEET
Location/Name Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)
Spaces Spaces Parking
Delnor Wiggins R-22 Primary 60 340 340 2640 2700
State Recreation
Area
La Playa R-26 Hotel 360 0 0 0 360
Vanderbilt R-29 Primary 130 167 167 4040 4170
Beach Road
Total eligible shoreline length: 7,230 FEET
Total project shoreline length: 14,920 FEET
Percent eligible for State funding: 48.46 PERCENT
Parkshore Segment
Project Boundary: 325' north of R-44 to 390' south of R-54
Approximate Shoreline Length: 11,265 FEET
Location/Name Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)*
Spaces Spaces Parking
Horizon Way R-52 Secondary 60 53 53 1661 1721
Vedado Way R-53 Secondary 60 37 37 1954 2014
Total eligible shoreline length: 3,735 FEET
Total project shoreline length: 11,265 FEET
Percent eligible for State funding: 33.16 PERCENT
*Overlap
DEP Agreement No. 12CO1,Amendment No.2,Attachment B,Page 1 of 3
Packet Page -842-
4/28/2015 16.A.10.
FUNDING ELIGIBILITY
COLLIER COUNTY BEACH NOURISHMENT
Naples Segment
Project Boundary: 1,050' north of R-58 to R-79
Approximate Shoreline Length: 19,375 FEET
Location/Name Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)*
Spaces Spaces Parking
Edgewater Hotel R-59 Hotel 265 0 0 0 265
Lowdermilk Park R-61 Primary 920 210 210 5280 6200
8`6'.Avenue North R- Secondary 60 21 21 1109 1169
63.5
7th Avenue North R-64 Secondary 60 12 12 634 694
North Lake R- Secondary 60 38 38 2006 2066
Avenue 64.5
6th Avenue North R-65 Secondary 60 10 10 528 588
5th Avenue North R- Secondary 60 0 0 0 60
65.5
4th Avenue North R-66 Secondary 60 15 15 792 852
3rd Avenue North R- Secondary 60 14 14 739 799
66.5
2nd Avenue North R-67 Secondary 60 16 16 845 905
1st Avenue North R- Secondary 60 17 17 898 958
67.5
Central Drive R-68 Secondary 60 12 12 634 694
1st Avenue South R- Secondary 60 16 16 845 905
68.5
2nd Avenue South R-69 Secondary 60 11 11 581 641
3rd Avenue South R- Secondary 60 14 14 739 799
69.5
4th Avenue South R-70 Secondary 60 15 15 792 852
5th Avenue South R- Secondary 60 56 56 2640 2700
70.5
6th Avenue South R-71 Secondary 60 12 12 634 694
7th Avenue South R- Secondary 60 16 16 845 905
71.5
8th Avenue South R-72 Secondary 60 11 11 581 641
9th Avenue South R- Secondary 60 15 15 792 852
72.5
10th Avenue South R-73 Secondary 60 21 21 1109 1169
l lth Avenue South R- Secondary 60 13 13 686 746
73.5
Broad Avenue R-74 Secondary 60 48 48 2534 2594
12th Avenue South R74.5 Primary 60 107 107 5280 5340
13th Avenue South R-75 Secondary 60 31 31 1637 1697
DEP Agreement No. 12C01,Amendment No.2,Attachment B,Page 2 of 3
Packet Page -843-
4/28/2015 16.A.10.
I Location/Name I Address R- Type of Width of 1 Total I Public I Eligible 1 Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)*
Spaces Spaces Parking
14th Avenue South R- Secondary 60 30 30 1584 1644
75.5
15th Avenue South R-76 Secondary 60 18 18 950 1010
16th Avenue South R- Secondary 60 30 30 1584 1644
76.5
17th Avenue South R-77 Secondary 60 10 10 528 588
18th Avenue South R- Secondary 60 39 39 2059 2119
77.5
19th Avenue South R-78 Secondary 60 0 0 0 60
21st Avenue South R- Secondary 60 0 0 0 60
78.5
Total eligible shoreline length: 18,410 FEET
Total project shoreline length: 19,375 FEET
Percent eligible for State funding: 95.02 PERCENT
*Overlap
DEP Agreement No. 12C01,Amendment No.2,Attachment B,Page 3 of 3
Packet Page -844-
4/28/2015 16.A.10.
ATTACHMENT C
ADVANCE PAYMENT JUSTIFICATON FORM
Required Signatures: 'Y
Use of this form is not required unless the advance requested requires the prior approval of the Florida Department
of Financial Services (DFS). For advance requests that are equal to or less than the purchasing threshold of
category two as defined in Section 287.017,Florida Statutes,and meet one of the advance payment requirements
identified in Section 215.422(14),Florida Statutes,use of this form is waived. However,the purchase requisition
or contract review form must clearly identify the criteria being met under 215.422(14),Florida Statutes that allows
the advance to be made without prior DFS approval.
A letter requesting advance payment from the recipient, on its letterhead, must be attached. The DEP Program
Area should forward this information to the Contract Disbursements Section at MS 78. The Contract
Disbursements Section will forward requests for advance payment to DFS for review and legislature consultation,
as appropriate.
Name/Address of the Vendor/Recipient:
Contact Person/Phone No.:
Agreement No./Purchase Order No. (if known):
Commodities/Services/Project Description:
Organizational Structure
(i.e. local gov't, non-profit corporation,etc.)
Value of Purchase or Grant:
Advance Payment Amount.Requested:
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 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.
DEP Agreement No. 12C01,Amendment No.2,Attachment C,Page 1 of 3
Packet Page -845-
4/28/2015 16.A.10.
B. Document, if applicable,how the goods or services are essential to the operation of the Department and
why they are available only if advance payment is made:
C. Identify the procurement method used to select the vendor.
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
DEP Agreement No. 12C01,Amendment No. 2,Attachment C,Page 2 of 3
Packet Page -846-
4/28/2015 16.A.10.
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 Deny Request
By: Date:
Type Name of Signatory:
Title: Bureau: Division:
DEP Agreement No. 12C01,Amendment No.2,Attachment C,Page 3 of 3
Packet Page-847-
4/28/201516.A.10.
ATTACHMENT D
ADVANCE PAYMENT—INTEREST EARNED MEMORANDUM
"SAMPLE DOCUMENT"
TO: Dena VanLandingham,Beach Management Funding Assistance Program,MS#3554
FROM: Lydia Louis,Finance and Accounting Director,Bureau of Finance and Accounting,MS#78
DATE:
SUBJECT: Advance Payment—DEP Agreement No.: XXXX
BECP Project No.: XXXX
Interest Due to DEP:(Quarterly)
Pursuant to Section 216.181(16)(b),Florida Statutes,and paragraph 13 of the AGREEMENT,advance payments must be deposited into
an interest bearing account until all funds have been depleted. In order to comply with this statute,advance approval of the State Chief
Financial Officer,and the terms of the above referenced contract,the following information is needed for our records no later twenty
(20)days following each calendar quarter(i.e.January 20,April 20,July 20,and October 20.)
Advance funding disbursed(date of disbursement) $
1. Advanced funds expended by contractor covering period of
(agreement execution)to(end of most recent calendar qtr) $
2. Balance advance funding principal available $
3. Interest earned on advanced funds covering period of
(agreement execution)to (end of most recent calendar qtr) $
4. Amount of interest paid to DEP as of(end of most recent calendar qtr) $
5. Balance Due to DEP as of(end of most recent calendar qtr) $
(Project Manager's Signature) (Date)
Special Instructions: If the grant/contract specifies that any accrued interest that is based upon a grant/contract advance
payment(s)will not be paid to DEP until after termination of the grant/contract,the advance fund recipient shall complete
report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year
quarter shall include items 1,2,3,4,and 5. Items 3,4,and 5 will be the life to date interest.
If the contract states that no interest is due,quarterly reports of unexpended advances are required,lines 1 and 2.
The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables,
payables,or interest previously paid to DEP.
If the grant/contract requires quarterly accrued interest payments to DEP,the fund recipient must complete items 1 through 5
for each quarterly report.
Payments of interest due to DEP shall be paid within the specifications of the contract/grant.
Thank you for your cooperation in providing the above information. If you have questions,please contact Lydia Louis(850)
245-2452 in the Contracts Disbursement Section.
DEP Agreement No. 12C01,Amendment No.2,Attachment D,Page 1 of 1
Packet Page -848-
4/28/2015 16.A.10.
ATTACHMENT E
Florida Department of Environmental Protection
DEP 55-219 Contract Payment Requirements
Required Signatures: l o"Signature
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category(salary,travel,expenses,
etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item
has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect
the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries A payroll register or similar documentation should be submitted. The payroll
register should show gross salary charges,fringe benefits,other deductions and net
pay. If an individual for whom reimbursement is being claimed is paid by the hour,
a document reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Fringe Benefits should be supported by invoices showing the amount paid on
Benefits behalf of the employee(e.g.,insurance premiums paid). If the contract specifically
states that fringe benefits will be based on a specified percentage rather than the
actual cost of fringe benefits,then the calculation for the fringe benefits amount
must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel
voucher.
(4) Other Reimbursement will be made based on paid invoices/receipts. If nonexpendable
direct property is purchased using State funds,the contract should include a provision for
costs the transfer of the property to the State when services are terminated.
Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding
the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in Section 273.02,
Florida Statutes,for subsequent transfer to the State.
(5) In-house Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
charges reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate,
costs then the calculation should be shown.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address:
.http://www.fldfs.com/aadir/reference cuide.htm..
DEP Agreement No. 12C01,Amendment No.2,Attachment E,Page 1 of 1
Packet Page -849-
4/28/2015 16.A.10.
ATTACHMENT F
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART I
PAYMENT SUMMARY
NAME OF PROJECT:Collier County Monitoring
LOCAL SPONSOR:Collier County
DEP Agreement Number: 12C01
Billing Number:
Billing Type: ❑ Interim Billing ❑ Final Billing
Costs Incurred This Payment Request:
Federal Share* State Share Local Share Total
$ $ $ $
*if applicable
Cost Summary:
State Funds Obligated$
Less Advance Pay$
Less Previous Payment$
Less Previous Retained$
Less This Payment$
Less This Retainage(10%)$
State Funds Remaining$
Local Funds Obligated$
Less Advance Pay$
Less Previous Credits$
Less This Credit$
Local Funds Remaining$
DEP Agreement No. 12C01,Amendment No.2,Attachment F,Page 1 of 4
Packet Page -850-
E
4/28/2015 16.A.10.
a.
u u
R iC
rk
C%1 a v
a
9 a
r e^
3
3a
`=
a
aV 0
V
L
t4 E Tr
ZL
I WG7 a
0 rr I. •
H '" L 2 w
O H ..••- V w a
G
Q �
E.'o I
0 .� u ei °' g
zHH a v o z —
Z _ y s 1
li EQ ° o 0. u c iU a °Iii �' co
gc7a z `� • '_ a
za w - ,• .8 E- 6 a)
o � � �
L y 0 l' • - V
u. .�.• O E= v E 2 u E•O o'� q d 0 > TL N 4,
CC-^^ 1w+11 9 ° R V L ° 0 15
0(i] a L W V V 2,_.1.' V g N v.
V DO
+C7 v u
d
W a u >o•v °
et d v i c d z- 'W Z .., Q oe vc v .0
C] � ao c �W V a) u; ^�to ` c . 0
ocGg E.cE y Q me , m c^/ E d �.E E. E
Pi Pt uv c !;w o a
O, T a . u E a
V U .2
Q Q u G C o V V.0 V 4.E op u o du 2 C.w
Gz 1 y.Ero y V > c .4 F r.
ii • t•.m.p.� ` N 'O
O
u
w CZ
1
o V C a V ..2.0-8 V 2 f.,
Y - v ° a,L-E W V0 a O
F T V ° E F uo E u c w Je u.¢�.c 8 co) U U q
z
u?. c um E `V n P, V E E a
v u C, E >h 9',�W V`n w
w T y,
0.
0
> .v I",A.D v '' T o P i H C C - 7 ., c u C u n F 0 ° E'C E V.c E
V >,.0 C L O _c° ° Dp
O N- • 7 y y a v, a 9 V y . m.5.•O "t e a V 0
. L > e E R1 N O y y H Vy V C-cs O E «C '' O G V U� O a t w T Q 2 o—z u.0e,5 m vu•.y a5 H
"° a. � w ,, vgo ov vo . ,= . --
E s, E a ` y.U' c `na . v v
Z V G... `V"... e0 2 7 7 V C`i) .
C.
Q w. C O 0 h • V V V .O
•-,.°c E u o�Vaysi u °0Es mo ayi
° E8 d Eupu q„ 3.L-' ° v �Qc
0. a L _ 2 op o V-2 V d w c e. c Z G.
v =¢ � ` 4 °
a, €mc C�wu:zc v). x3rnE-
z• 0 2--NM V"i'0 N 000'C--(V mTrz
Packet Page -851-
4/28/2015 16.A.10.
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART III
PROJECT PROGRESS REPORT
NAME OF PROJECT:Collier County Monitoring
LOCAL SPONSOR: Collier County
DEP Agreement Number: 12CO1
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:
4.0 MONITORING
4.1 Year 5 Physical and Nearshore Biological(2011)
4.2 Year 7 Physical Monitoring(2013)
DEP Agreement No. 12C01,Amendment No.2,Attachment F,Page 3 of 4
Packet Page -852-
4/28/2015 16.A.10.
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTIFICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT—PART IV
NAME OF PROJECT: Collier County Monitoring
LOCAL SPONSOR:Collier County
DEP Agreement Number: 12C01
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. 12C01,Amendment No. 2,Attachment F,Page 4 of 4
g
Packet Page-853-
4/28/2015 16.A.10.
ATTACHMENT G
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
NAME OF PROJECT:Collier County Monitoring
LOCAL SPONSOR:Collier County
DEP Agreement Number: 12C01
Task Completion ❑
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. 12CO1,Amendment No.2,Attachment G,Page 1 of 1
Packet Page -854-
4/28/2015 16.A.10.
ATTACHMENT H
Florida Department of Environmental Protection
6.1.0:2A ; _ (SPECIAL AUDIT REQUIREMENTS)
isemeasseser
Required Signatures: KUNgnature
The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the
"Department", "DEP", "FDEP"or"Grantor", or other name in the contract/agreement)to the recipient(which may be referred to
as the"Contractor",Grantee"or other name in the contract/agreement)may be subject to audits and/or monitoring by the Department
of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see
"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by Department staff,limited scope audits
as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection.
In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,
as revised.
1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient must have a single
or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1
to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement.
In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal resources received from the Department of Environmental Protection. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,
as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with
the provisions of OMB Circular A-133,as revised,is not required.In the event that the recipient expends less than$500,000
in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular
A- 133, as revised,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be
paid from recipient resources obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at
httn://12,46.245.173/cfda/cfda.html.
it
Agreement No. 12C01 Amendment No.2,Attachment H,Page 1 of 5
DEP Agr g
Packet Page -855-
4/28/2015 16.A.10.
ATTACHMENT H
Florida Department of Environmental Protection
-.FLORI IA (SPECIAL AUDIT REQUIREMENTS)
PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$500,000 in any
fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this
Agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of
state financial assistance, including state financial assistance received from the Department of Environmental Protection,
other state agencies, and other nonstate entities. State 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://www.l eg.state.fl.us/Welcome/index.cfm,
State of Florida's website at http://www.myflorida.com/,Department of Financial Services' Website at http://www.fldfs.com/
and the Auditor General's Website at http://www.state.fl.us/audgen.
PART III:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a
matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other
Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for
audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In
such an event, the State awarding agency must arrange for funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by
PART i of this Attachment shall be submitted,when required by Section .320 (d),OMB Circular A-133,as revised,by or on
behalf of the recipient directly to each of the following:
DEP Agreement No. 12C01,Amendment No.2,Attachment H,Page 2 of 5
Packet Page-856-
4/28/2015 16.A.10.
ATTACHMENT H
FLOR;; Florida Department of Environmental Protection
(SPECIAL AUDIT REQUIREMENTS)
isiesessomear
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse),at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,2008,
must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found
at http://harvester.census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB Circular
A-133, as revised.
2. Pursuant to Section .320(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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32990-1450
DEP Agreement No. 12C01,Amendment No.2,Attachment H,Page 3 of 5
Packet Page-857-
4/28/2015 16.A.10.
ATTACHMENT H
Florida Department of Environmental Protection
__'_'A.. : (SPECIAL AUDIT REQUIREMENTS)
inswessustanw
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf
of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-
133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits
done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities)or 10.650(nonprofit
and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package
was delivered to the recipient in correspondence accompanying the reporting package.
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years
from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief
Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working
papers are made available to the Department of Environmental Protection,or its designee,Chief Financial Officer,or Auditor
General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department
of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 12C01,Amendment No.2,Attachment H,Page 4 of 5
Packet Page-858-
4/28/2015 16.A.10.
I n i l 1 1 1 1
0 0 0
En ¢ H :t. R V0 B a .. O a) . O o •
CZ d a tin E g o. tin .. d ti)
U ca V o a °U r o„U .c
d IN d a d T
If: C a. N U v
- '3 co G C C c6$ :d� a.
CA
ry Q
00 d w ¢ d v 0 a) .o.O o o ph
ER 0 O C V bCa +�' 69 {a 1 a)
[Ii 'G L. 'S7 to 'G Y
C O S C
W w ° I.I.
o w ; °� �
rI °' t 13. VI
rwo do d o o
V• Q
p-pP.
. 0
V 0 0 0 0 Q ° ed'.0 V
cn
O CA Z C CLi L O O , o C) ss O.
o [� OV o 3 0 0 ft) F" c u C x
Z ,...¢
I. W F o _o, w e., Q 8 a�. ;;1. ` V
Ar W —a) c a� o - a a) V Vo V s U o .c ao et
W s Q ' 'N C , N T o d d y a
y C,1 E I C d al W ii ° U y V Ill••-. o Z a V o 0 as a'W m » V V 6 o F" E a a Ts
d
Q W Z d ° ° o :° U d
et 1-1 Qi 0 Q L.
d C) Z M M - �,., s
° O
a1 - g o :1= .a o'v cv
A V 0, a Q o ° ° 0 N `V a a' c o
-a
etl W wE a ® � oN - Evo Z
U = v) N N y <s a)
O O, Ow ti o
V - G O d s N
W °. y 'EL .o
y p C. Y Q •^6 o o G.
•E-1 s V C _,0 i tin E Q a) M y co CI y
4. = -
V ° aA .c V) E 5 o ;no
d C .+ .. V. ..et N ro �W
"a 0 't7 C 0 b o ..c
Ptet -g Ts 07 U 0 0 .., a ... M
wu W :z. .. V W
d s* y y ^v in
1IH i hull i o
a c
at. ` � oo ` A � oc�
� 6, '-, z wn, 2 on a
'>, s ate) .R. w y .0
Gz m v� —
Packet Page-859-
4/28/2015 16.A.10.-
1 6 A 1 5 "
AMENDMENT No. 1
DEP AGREEMENT No: 12C01
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESOURCE MANAGEMENT
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
COLLIER COUNTY MONITORING PROJECT
THIS AGREEMENT as entered into on 20th day of June, 2012, between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"),
whose address is 2600 Blair Stone Road, MS 3511, Tallahassee, Florida 32399, and COLLIER COUNTY, a
local government, (hereinafter referred to as the "LOCAL SPONSOR"), whose address is 3299 Tamiami Trail
E,Suite 103,Naples,Florida 34112,the project described herein.
WHEREAS,the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to revise the
work plan to incorporate an additional monitoring task;
WHEREAS,it has come to the DEPARTMENT's attention that the Request for Payment forms require
modification to allow prompt payment of invoices;
WHEREAS,the DEPARTMENT's address and mailing station has changed and is reflected below;and,
WHEREAS,other changes to the Agreement are necessary.
NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the
DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows:
• Paragraph 6 sentence three is hereby deleted in its entirety and replaced with the following:
The life of the PROJECT is defined as ten(10)years following completion of each construction event.
• Paragraph 7 is hereby deleted in its entirety and replaced with the following:
For tasks as specified in Table I below and in Attachment A-I,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 require approval by the DEPARTMENT as to content, deliverables, and schedule prior to initiating the
work. The tasks must be incorporated into the Grant Work Plan in the form of an approved amendment to this
Agreement prior to commencement of any work on these PROJECT tasks.
* Paragraph 8 Table I is hereby deleted in its entirety and replaced with the following:
TABLE 1
Task Eligible Project Tasks Project Cost
DEP Local Total
4.0 Monitoring
4.1 Year 5 Physical and Nearshore $32,234 $67,747 $99,981
Biological
4.2 Year 7 Physical Monitoring $1 4,925 $31,369 $46,294
TOTAL PROJECT COSTS $47,159 $99,116 S146,275
DEP Agreement No. 12C01,Amendment No. 1,Page 1 of 5
Packet Page-860-
4/28/2015 16.A.10.
A i
* Paragraph 9 sentence below is hereby added as sentence 4 as follows:
Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of
the non-federal share.
et Paragraph 12 sentence three and four are hereby deleted in their entirety and replaced with the following:
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 subject beach access sites and public parking, the
LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT
associated with any beach access site and/or parking spaces which are no longer available to the public for a 10-
year period.
• Paragraph 14 sentences two and four are hereby deleted in their entirety and replaced with the following:
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.
The cumulative amount retained for each eligible task/deliverable item shall be disbursed to the LOCAL
SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the tenor
and conditions of the Agreement.
• Paragraph 15 sentence three is hereby deleted in its entirety and replaced with the following:
Pronress reports may be required to he submitted electronically in Wortidoc or tab delimited .TXT format.
• Paratipis 22 is iteitiby deleted in its entirety and replaced with the following:
Any untices hsetween the -;"? 11 .S e(msidered cieh 'mod when troctied by Certified Mail return receipt
requested, or overnight courier service,or dclivcred in person to the contact person at the addresses beihiv.
LOCAL SPONSOR DEPARTMENT
Gary Nth:A.115in I)eria VanLandinaham,Grant Program
Collier County Administrator
iNt-tit Florse:iboa prlie Department of En':ironmcntnl
Florida 341iti :600 Blair stone Road. MS 3511
52-554 faflahassec, Florida 32399-3900
15(l) 92')-7711
Dena M andinsi ha ima rico,sate.
Any changes to the contact information shown above or in paragraph 19 must be reduced to writing in the form
of a Change Order to this Agreement.
• Partfgraph 56 is lricreb.i deleted in its entirety and replaced with the following.:
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 he performed under this Agreement. The LOCAL
SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) days after
execution.
DEP Agreement No. 12C01,Amendment No. I, Page 2 of 5
Packet Page -861-
4/28/2015 16.A.10.
1 to i 5 I
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 paragraph 13 and any other appropriate 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.
• Paragraph 42 sentence three is hereby deleted in its entirety and replaced with the following:
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.
* Paragraph 45 is hereby added to this Agreement as follows:
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 re-perform the
services needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within
ten (10) 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 Grant 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)days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the Ietter request from the
DEPARTMENT.The CAP shall be sent to the Department Grant 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
DEP Agreement No. I 2C01,Amendment No. 1,Page 3 of 5
(1)
Packet Page -862-
A A arm
4/28/2015 16.A.10.
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 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 Grant Manager.
C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency
in the performance of the LOCAL SPONSOR 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.
Attachment A,Grant Work Plan,and Attachment D,Request for Payment are hereby deleted in their entirety
and replaced with Attachment A-1,Revised Grant Work Plan,and,Attachment D-I,Revised Request for
Payment attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A,
Grant Work Plan,and Attachment D Request for Payment shall hereinafter refer to A-1,Grant Work Plan and
Attachment D-1,Request for Payment.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 12C01,Amendment No. 1,Page 4 of 5
(7)
Packet Page -863-
A A, A A too
4/28/2015 16.A.10. .
IN WITNESS WHEREOF,the parties have caused these presents to be duly executed,the day and year
last written below.
1 COLLIER COUNTY FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
41
By y:
: ,9-\____ r".
14j
B
Tit Commissioner Tom rung,Chairman
\ Department of Environmental Protection
' =
Secretary or designee
,,,,
Date: awe I) LI\1 13- Date:
i ) 1
FEID No.596000558
Lo....v-eu.. \)c".".......\-.0....-
7-7--y4proved as to form and legality Department of Environmental Prot Aim
7' cit ) ( 14
ae.." --1,11 0-ta(24.,,i___ Grant Program Administrator
/ ...A_1 ii )
Assisaant,Cunty Attorney APPROVED as to form and legality:
I
'. 1.A
G . .1
.----"
I-44 S*4"' 17 ?rrY N U 71/ '>'
,t_72 Department,of E •--: . "4 tat Protection
cif gie':a‘ r, 1,1,•■—.. 1 -7\et " , Attorney
Atte0 as to Chairman!, / 1
signature or)Y::,
*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-1 Revised Grant Work Plan(2 pages)
Attachment D-1 Revised Request for Payments,1-V(4 pages)
DEP Agreement No. 12C01,Amendment No. 1,Page 5 of 5
C
Packet Page-864-
_..,
�� �r � � rib
4/28/2015 16.A.10.
ATTACHMENT A_%
REViSED GRANT WORK PLAN
Prcj:ctl'idcC0LL|ERC0UNTYK4ON|TOK|NO
Project Location: The project includes 8.6 miles.among three segments of shoreline within Collier
County. FL. The segments consist of the following components: Vanderbilt Beach,approximately
2.8 miles between DEP Monuments R22-R37: Park Shore. approximately 2.1 miles between DEP
Monuments R43.7-R54.4; and Naples.approximaiely3.7 miles between DEP Monuments R58-
R79, The project areas have been expanded from the original restoration project that was
constructed in 1996.
Project Background: Restoration was completed in 1996 followed by nourishment in 2006. The
nourishment project included a one acre mitigation reef to compensate for damage to nearshore
hxrdhottomresnurocy. Subsequent storm events caused additional erosion to the project. Funding
assistance was requested from the Federal Emergency Management Agency and in 2008,federal
funding was approved to mitigate for storm-induced erosion.
The PROJECT shall be conducted in accordance with the terms and conditions set forth under this
Ago:cmcnt, all applicable DEPARTMENT permits and the eligible pr ject task items established
below. All data collection and processing,and the resulting product deliverables,shall comply
with the standard technical specifications contained in the DEPARTMENT'S Monitoring Standards
for Beach Erosion Control Projects(20O4)and Processing Plan and Geographic Information
System Guidelines, unless otherwise specified in the approved Scope of Work(herein after referred
to as SOW) for an eligible PROJECT item. This plan may he found at
1o11- ����� �����l�K`i li,Jadles� . One(I)electronic copy of all
�
written reports drve|opcd under this Agreement shall be forwarded to the DEPARTMENT, unless
otherwise specified.
Project Description:
The deliverables listed below are to he completed and approved h) the DEPARTMENT by the due
date listed.
4.0 Monitoring
A monitoring program conducted in accordance with the requirements specified in an) and
all permits issued by the Department and the US Army Corps of Engineers. A monitoring
plan must he submitted and approved in writing by the Department prior to the initiation of
monitoring activities. The plan shall be developed in a manner that will coordinate the
mnni/ohnguc/ivides,vi/htheDcpmrtmunt`oRcgiona! Coastal Monitoring Program.
Performance standard: All deliverables, reports, and monitoring results \\ill be circulated to
the Department for review and comment. When comments are received from the
Department affirming that the deliverable is acceptable, payment will be authorized.
Financial Consequence: Any work product that does not meet the Performance Standard\ ill
not he eligible for reimbursement,
DEP Agre mont No. 12OO1. Amendment No.1, Attachment A-}. Page 1 of 2
Packet Page -865-
4 . A 4 rilo
4/28/2015 16.A.10.
4.1 Year 5 Physical and Nearshore Biological
Deliverable A: Post Construction Monitoring Report
Pursuant to Collier County Agreement 08-5124. H & M proposal for physical monitoring
to cover tasks for beaches for 2011 &2012.
Total Cost: $99,981 (DEP cost$32.234).
Due Date: December 31, 2015.
4.2 Year 7 Physical Monitoring
Deliverable A: Post Construction Monitoring Report
Pursuant to Collier County Agreement 09-5262-CZ.ATKINS proposal for physical
monitoring.to cover tasks for beaches for 2013.
Total Cost: $59,800(DEP cost $14,925*). *DEP cost is less than the calculated cost share
as there are no additional funds for this contract task.
Due Date: December 31. 2015.
NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a
deliverable is received and approved for cost sharing. The dates do not necessarily correspond with
1 permit required due dates. The Local Sponsor must meet the terms of the permit for compliance.
All Tasks are Contractual Services.
DEP Agreement No, 12C01,Amendment No.l. Attachment A-1, Page 2 of 2
Packet Page-866-
A A 6, 4r1
4/28/2015 16.A.10.
ATTACHMENT D-1
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART I
PAYMENT SUMMARY
Name of Project: COLLIER COUNTY MONITORING PROJECT
LOCAL SPONSOR:COLLIER COUNTY DEP Agreement Number: 12C01
Billing Number:
Billing Type: Interim Billing 0 Final Billing
Costs Incurred This Pa>ment Request:
Federal Share* State Share Local Share Total
*if applicable
cost summary:
Stan_ Funds Obligated S, Local Funds Obligated 5
_ .
Less Ads antic. S Less Ads anec Pa\ 5,
es Pres ious Pa:sum-it Prviotti-Credits
less Previous Retained
Less This Payment I.ess"Fhts Credit
_
ess lids Retainage 0 0°,0 S _ 1.ocal Funds Rumainin 5
State Funds Remaining
DEP Agreement No. 12C0I, Amendment No. I,Attachment D-I, Page 1 of 4
Packet Page-867-
. • , ,,... -.,... - - -,.- ,,- ,-- ........- .. . ...„._...,........... ...., ., _
4
., 4/28/2015 16.A.10.
...-
1 I
1.11 :0
.g,
..,..... ....i.--
...
ra-
t
0 42
0 0 cc O
er, a V
0 c a '5
U a;
''''' i,- CO 0
C 0
a u
9: 2
- a
.:: en ea.aei
0 o al 8 B-
IB"
Z to It ea ea
C) (7
....
0 ti 2
a:
C azt-
E-'" ,
...:
0
La 7 E N
0 C4 CG 'E i 7 tge
at
2
--
,..,
E4.4.■ 44„ = 1-
Z 0-a
7.1 E
43
6 5... .
:o- c
a . ...-."'
0 0
CD 7, L_I cr
F. < ,_ C C a'■ ,
_
,-, a. . 0 5_
30 IE
.. (4 Pe
..../
a
0 le t
z
2.: .... r, tt .0
LLZ 1... ,-;••• ,....".' = E .2 E a)
.-..
CZ,--
co c
;‘)
E
n lh- E
c 0
E'•• "-: DI :?, -7,-, °- _
> PC
.....0 r...1 -..:..) ,..,■■ to o I fp--
1 2-
0....• .... .... N
—
0 . w Z
2 I
‹. ._
0 = C O i n II
I
.6- -42
■ , .a.,
ea ea i.
ce.)
0 L1.7 ae .03 c
O <
r. ti 8 to I-".■
i..... IIIIIJ'a'' 1 `,1.; a_ 2
L I 8'
a. 0 6
Si - E
0 Z. I
E>
I 1_) 2 g
1 -6 ibt Z -g t
4I
c 'car 125 ,7
• CP CP ° E. ,..
....,w 000 8 00
o .0
o m 0,
a
4- C. 0 CP til- 0 U) P.
0 (f) 0 0 CD
0 ••,; 8 -
E ii E T P.4 1.1 V. LO tO ts CO CO 0 * E 3B
et)13 11
e- 2
'
Packet Page-868-
a ro
4/28/2015 16.A.10.
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART III
PROJECT PROGRESS REPORT
Name of Project: COLLIER COUNTY MONITORING PROJECT
LOCAL SPONSOR: COLLIER COUNTY DEP Agreement Number: 12C01
Report Period:
Status of Eligible Project hems: (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:
4.0 MONITORING
4.1 YEAR 5 PHYSICAL AND NEARSHORE BIOLOGICAL
4.2 YEAR 7 PHYSICAL MONITORING
DEP Agreement No. 12C0 I. Amendment No.1,Attachment D-1. Page 3 of 4
Packet Page-869-
4/28/2015 16.A.10.
.�. loj Itt ah ,,r
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
C n T In AT ION OF' D ISB V T \C tnENT REQUEST
REQUEST FOR PAYMENT—PART IV
Name of Project: COLLIER COUNTY MONITORING PROJECT
LOCAL SPONSOR: COLLIER COUNTY DEP Agreement Number: 12C01
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 I of this form is for
allowable costs for the project described in the grant work plan.
1 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. 12001, Amendment No.1, Attachment D-I Page 4 of 4
Packet Page-870-
4/28/2015 16.A.10.
R e F`:
DEP AGREEMENT No: 12C01
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION U N' w EI -2:12
BUREAU OF BEACHES AND COASTAL SYSTEMS 1Fui . _ r
BEACH MANAGEMENT FUNDING ASSISTANCE PROGR Ic:, .sTA z`c.1,
STATE OF FLORIDA
GRANT AGREEMENT FOR
COLLIER COUNTY MONITORING
THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 3900 Commonwealth
Boulevard,Tallahassee,Florida 32399-3000 and COLLIER COUNTY,a local government, (hereinafter referred
to as the "LOCAL SPONSOR"). whose address is 3299 Tamiami Trail, East, Suite 103,Naples,Florida 34112,
for the project described herein.
WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes,
provides financial assistance to eligible governmental entities for beach erosion control activities under the
Florida Beach Management Funding Assistance Program;and,
WHEREAS, pursuant to 62B-36.005(1)(d), Florida Administrative Code, the LOCAL SPONSOR has
resolved to support, serve as local sponsor, has the ability to perform the tasks associated with, and has
demonstrated a financial commitment to the beach erosion control project as described herein.
NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, 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 COLLIER COUNTY MONITORING, (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 "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient"
and"Local Sponsor"are used interchangeably.
?. This Agreement shall begin on the last date executed and end on December 31, 2015. Pursuant to
Section 161.101 (18),Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or
its subcontractor and approved by the Department beginning on or after July 1, 2011, may be eligible
for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the
DEPARTMENT. If work identified in the approved Grant Work Plan is completed prior to time
allowed in this Agreement,this Agreement may be terminated by formal amendment.
3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined
by the DEPARTMENT.
4. 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.
5. 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.
DEP Agreement No. 12001,Page 1 of 10
Packet Page -871-
4/28/2015 16.A.10.
6. 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 permit required Post Construction Monitoring for the
Collier County Beach Nourishment. The life of the PROJECT is defined as ten (10)years commencing
upon execution of this Agreement and re-initiated upon execution of subsequent amendments to this
Agreement for additional funding. The parties expressly agree that the provisions of this paragraph
shall survive and be enforceable beyond the expiration date of this Agreement.
7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as
specified in Table 1 below. It is understood and agreed that the detailed Scope of Work 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 require approval
by the DEPARTMENT as to content, deliverables, and schedule and shall be incorporated into the
Grant Work Plan in the form of an approved amendment to this Agreement. The DEPARTMENT may
require at least ten percent (10%) of the total cost share for a specified task be forfeited for failure to
obtain prior approval,through an executed amendment,from the DEPARTMENT for a specified task.
8. A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the
PROJECT are identified in Table 1 below:
TABLE 1
Task Eligible Project Tasks Estimated Project Costs
Federal DEP Local Total
4.0 Monitoring
4.1 Year 7 Physical and Nearshore $47,159 $99,116 $146,275
Biological
E TOTAL PROJECT COSTS S47,159 $99,116 $146,275
B. Changes that transfer funds from one task to another or that increase or decrease the total
funding amount will require a formal amendment to the Agreement.
9. The DEPARTMENT has determined that 64.48 percent of the PROJECT cost is eligible for state cost
sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of$47,159 for
this PROJECT or up to 32.24 percent of the non-federal project cost, if applicable, for the specific
eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and
agreed that for portions of the PROJECT which are located within lands owned and managed by the
DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be
required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the
DEPARTMENT.
10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the
PROJECT that are not shown in Table 1 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 Table 1 above,
shall be provided through formal amendment to this Agreement.
11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT.
DEP Agreement No. 12CO1,Page 2 of 10
Packet Page -872-
4/28/2015 16.A.10.
12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as
identified in Attachment B (Funding Eligibility), attached hereto and made a part hereof, for beach
use throughout the life of the PROJECT as established under this Agreement. The life of the PROJECT
is defined as ten (10) years commencing upon execution of this Agreement and re-initiated upon
execution of subsequent amendments to this Agreement for additional funding. If at any time the
LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL
SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT
associated with any beach access site and/or parking spaces which are no longer available to the public.
All parking must be clearly signed or otherwise designated as public beach access parking.
13. 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 for services rendered. All requests for reimbursement shall
be made in accordance with Attachment C (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%SFguide.
The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as
Attachment D (Request for Payment,PARTS I—III),attached hereto and made a part hereof. These
forms are to be submitted upon completion of the deliverables. These forms shall be certified as
accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's Project Financial
Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All
requests for the reimbursement of travel expenses shall be based on the travel limits established in
Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty(30)days following
the completion date of this Agreement. The DEPARTMENT will not release funds for construction
activities until such time as all requisite authorizations, environmental permits, and variances, including
those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. The
final payment will not be processed until the match requirement has been met.
14. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) 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 the clock will
not resume until such information is received as requested by the DEPARTMENT. Upon approval of
the request for payment, the DEPARTMENT shall disburse the funds due to the LOCAL SPONSOR
less ten (10) percent, which shall be retained on account. The cumulative amount retained for each
eligible Task Scope of Work shall be disbursed to the LOCAL SPONSOR upon notification to the
DEPARTMENT with an executed notice of completion Attachment E (Project Completion
Certification) and after the DEPARTMENT has certified that the LOCAL SPONSOR has complied
with all the terms and conditions of the Agreement, all applicable DEPARTMENT permits and the
applicable Scope of Work for said task. The DEPARTMENT will periodically request proof of a
transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to this Agreement
pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When
requested, the LOCAL SPONSOR must provide the information described in this paragraph within
thirty(30)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).
15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's
Project Manager on a quarterly basis, Attachment D (Project Progress Report,Part III), as updates
to the project schedule, no later than thirty (30) days following the completion date of the quarterly
reporting period in which the project is underway. The term "quarterly" shall reflect the calendar
DEP Agreement No. 12C01,Page 3 of 10
Packet Page-873-
4/28/2015 16.A.10.
quarters ending March 31,June 30, September 30, and December 31. Progress reports may be required
to be submitted electronically in an .MPP or tab delimited .TXT format. 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.
16. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the
DEPARTMENT a certification of completion, attached hereto as Attachment E (Project Completion
Certification). A final PROJECT certification inspection shall be made by the DEPARMENT within
sixty(60)days after the PROJEC'i is certified complete by the LOCAL SPONSOR.
17. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition
of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes,
which are expressly made a part of this Agreement and incorporated herein by reference as if fully set
forth.
18. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation",
and any rules promulgated there from,are expressly made a part of this Agreement and are incorporated
herein by reference as if fully set forth.
19. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin,Phone: 239/252-5342. The
DEPARTMENTS Project Manager for all technical matters is Vince George, Phone: 850/413-7783 and
the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena
VanLandingham, Phone: (850) 922-7711. The LOCAL SPONSOR will be notified in writing of any
changes to the DEPARTMENT's Project Manager information. All matters shall be directed to the
appropriate persons for action or disposition.
20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28,Florida Statutes.
21. 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) 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) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if
delivered personally or by certified mail to the address set forth in this Agreement.
22. Any notices between the parties shall be considered delivered when posted by Certified Mail, return
receipt requested, or overnight courier service, or delivered in person to the Project Managers at the
addresses below.
DEP Agreement No. 12C01,Page 4 of 10
Packet Page-874-
4/28/2015 16.A.10.
LOCAL SPONSOR DEPARTMENT
Gary McA1 ' Dena VanLand Grant Progam
Collier County Administrator
3299 Tamiarni Trail East Department of Environmental Protection
Suite 103 Bureau of Beaches and Coastal Systems
Naples, Florida 34112 3900 Commonwealth Blvd.,MS 300
(239)252-5342 Tallahassee,Florida 32399-3000
GarvMcA|pbm@uo\licrgov.oc1 (850)922-7711
Dcou-vaulaodioebammO6co'stadeJD'ms
Any changes to the contact information shown above or in paragraph 19 must be reduced to writing in
the form of a Change Order to this Agreement.
23. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL
SPONSOR to allow public access to all documents, papers, fetters, or other material made or received
by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from
Section 24(a)of Article I of the State Constitution and Section 119.07(IXa),Florida Statutes.
24. 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 years following Agreement completion. 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.
25. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall
comply with the applicable provisions contained in Attachment F (Special Audit
Requirements),attached hereto and made a part hereof. Exhibit l to Attachment F summarizes
the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR
in complying with the requirements of Attachment F. 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 Program Administrator at 850/922-7711,
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 F, Exhibit l when making its determination. For federal
financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB
Circular A-133, Subpart13, Section 210 for determining whether the relationship represents
that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall
utilize the form entitled "Checklist for Nonstate Organizations Rccip{oot/Subrmoipicmt vs
Vendor Determination"(form number DFS-A2-NS) that can be found under the"Links/Forms"
section ap ing at the following website:
bttps6appuildfs.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.
DEP Agreement No. 12C01,Page 5 of 10
Packet Page-875-
4/28/2015 16.A.10.
C. In addition, the LOCAL SPONSOR agrees to complete and submit the Attachment G
(Certification of Applicability to Single Audit Act Reporting), attached hereto and made a
part hereof, within four (4) months following the end of the LOCAL SPONSOR's fiscal year.
Attachment I should be submitted to the DEPARTMENT's Grants Development and Review
Manager at 3900 Commonwealth Boulevard,Mail Station 93,Tallahassee, Florida 32399-3000.
The Grants Development and Review Manager is available to answer any questions at (850)
245-2361.
26. In accordance with Section 216.347, Florida Statutes,the LOCAL SPONSOR is hereby prohibited from
using funds provided by this Agreement for the purposes of lobbying the Legislature,the judicial branch
or a state agency.
27. 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.
28. 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.
29. 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.
30. To the extent required by law. the LOCAL SPONSOR will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees
connected with the work of this project_ In the case any work is subcontracted, the LOCAL SPONSOR
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection afforded by the
LOCAL SPONSOR_ Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department,for the protection of its employees not otherwise protected.
31. The LOCAL SPONSOR 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
LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their
employment with the LOCAL SPONSOR. The DEPARTMENT shall have no liability except as
specifically provided in this Agreement.
32. The LOCAL SPONSOR recognizes that the State of Florida.by virtue of its sovereignty, is not required
to pay any taxes on the services or goods purchased under the terms of this Agreement.
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.
DEP Agreement No. 12C01,Page 6 of 10
Packet Page-876-
4/28/2015 16.A.10.
34. A. No person, on the grounds of race, creed, color, national origin, age, sex, 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 maintained by the
Florida Department of Management Services 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.Questions regarding the discriminatory vendor list may be directed to the
Florida Department of Management Services,Office of Supplier Diversity at(850)487-0915.
35. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for
separately. LOCAL SPONSORS are prohibited from commingling funds on either a program-
by-program or a project-by-project basis. Funds specifically budgeted and/or received for one
project may not be used to support another project. Where a LOCAL SPONSOR's, or
subrecipients, accounting system cannot comply with this requirement, the LOCAL
SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for
each project it has been awarded.
B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall
have the right to demand a refund, either in whole or in part, of the funds provided to the
LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this
Agreement. The LOCAL SPONSOR. upon such written notification from the DEPARTMENT
shall refund,and shall forthwith pay to the DEPARTMENT,the amount of money demanded by
the DEPARTMENT. Interest on any refund shall be calculated based on the prevailing rate
used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the DEPARTMENT by the LOCAL SPONSOR to the
date repayment is made by the LOCAL SPONSOR to the DEPARTMENT.
C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and
reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall
reimburse the DEPARTMENT for .all recovered funds originally provided under this
Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the
State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are
recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by
the LOCAL SPONSOR.
REMIANDER OF PAGE INTENTIONALL LEFT BLANK
DEP Agreement No. 12COI, Page 7 of 10
Packet Page-877-
4/28/2015 16.A.10.
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. The
payment terms of subcontracts (other than construction and the purchase of commodities) shall
comply with the terms of this Agreement (for example, if payment under this Agreement is
being made on a cost reimbursement basis, then the subcontract should also be cost
reimbursement). The LOCAL SPONSOR shall submit a copy of the executed subcontract to
the DEPARTMENT within ten(10) 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.
B. The DEPARTMENT supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A
list of Minority Owned firms that could be offered subcontracting opportunities may be
obtained by contacting the Office of Supplier Diversity at(850)487-0915.
37. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of
the selection of an intended subcontractor for a construction task and provide a tabulation list from
which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form
for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer
services in the State of Florida for studies, design and permitting and monitoring tasks in accordance
with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish
copies of the respective solicitation documents. Solicitation documents include, but are not limited to,
the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a
detailed Scope of Work.
38. The purchase of non-expendable equipment costing $1.000 or more is not authorized under the terms
and conditions of this Agreement.
39. The DEPARTMENT may at any time, by written order designated to be a change order, make any
change in the Project Manager information or task timelines within the current authorized Agreement
period. 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 change in Project Manager, modification of deliverable due dates
when such change does not involve an extension, and modifying the Project Work Plan when such
modifications would not involve a decrease/increase in cost 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 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.
DEP Agreement No. 12C01,Page 8 of 10
Packet Page-878-
4/28/2015 16.A.10.
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) 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. 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, 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. If a court deems any provision of this Agreement void or unenforceable,that provision shall be enforced
only to the extent that it is not in violation of law or is not otherwise unenforceable and all other
provisions shall remain in full force and effect.
44. 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. l2COl,Page 9 of 10
Packet Page-879-
4/28/2015 16.A.10.
IN WITNESS WHEREOF,the parties have caused these presents to be duly executed, the day and year
last written below.
COLLIER COUNTY FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
*........4 ;IF
By .I _ 1'
mat 'Vitra.Alt...
Title: The Honorable Fred W.Coyle '-j Secretary or designee
BOCC Chairman
Date: 1-7
kj ,t- 12 z 12.
0 Date:
FEID No.
...,, , .
Lit_„,,-,L.L............, ,,.....,,........,2,2.._,
h4Est :.-.X.1 Department of Environmental Pro tion
LiT g: BR it,!Clerk '
(39
...... Grant Program Administrator
APPROVED as to form and legality:
At tet-t IS-to Ch.!I rev.it t
11 sulature 04 14
,„ ."/
.,--
1/4_, ,,,- \
Local Sponsor's Attorney Department of EnviOrip‘ntal Protection
(if necessary) Attorney
*if someone other than the Chairman signs this Agreement, a resolution, statement or other documentation
authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement.
List of Attachments/Exhibits included as part of this Agreement:
Specify Letter/
Type Number Description(include number of pages)
Attachment A Grant Work Plan(1 page)
Attachment B Funding Eligibility (I page)
Attachment C Contract Payment Requirements(I page)
Attachment D Request For Payment,Parts I -III (3 pages)
Attachment E Project Completion Certification (1 page)
Attachment F Special Audit Requirements(5 pages)
Attachment G Certification of Applicability to Single Audit Act Reporting(3 Pages)
DEP Agreement No. 12C01,Page 10 of 10
Packet Page-880-
4/28/2015 16.A.10.
ATTACHMENT A
GRANT WORK PLAN
Project Title: COLLIER COUNTY MONITORING
Project Location: The project includes 8.6 miles, among three segments of shoreline within
Collier County, FL. The segments consist of the following components: Vanderbilt Beach,
approximately 2.8 miles between DEP Monuments R22-R37; Park Shore, approximately 2.1
miles between DEP Monuments R43.7-R54.4; and Naples, approximately3.7 miles between
DEP Monuments R58-R79. The project areas have been expanded from the original
restoration project that was constructed in 1996.
Project Background: Restoration was completed in 1996 followed by nourishment in 2006.
The nourishment project included a one acre mitigation reef to compensate for damage to
nearshore hardbottom resources. Subsequent storm events caused additional erosion to the
project. Funding assistance was requested from the Federal Emergency Management Agency
and in 2008, federal funding was approved to mitigate for storm-induced erosion.
Project Description: The deliverables listed below are to be completed and approved by the
DEPARTMENT by the due date listed.
4.0 Monitoring
A monitoring program conducted in accordance with the requirements specified in
any and all permits issued by the Department and the US Army Corps of
Engineers. A monitoring plan must be submitted and approved in writing by the
Department prior to the initiation of monitoring activities.The plan shall be
developed in a manner that will coordinate the monitoring activities associated
with current shoreline stabilization projects located within or adjacent to the
project area and with the Department's Regional Coastal Monitoring Program.
Performance standard: All deliverables,reports,and monitoring results will be
circulated to the Depai tinent for review and comment.When comments are
received from the Department affirming that the deliverable is acceptable,
payment will be authorized.
Financial Consequence:Any work product that does not meet the Performance
Standard will not be eligible for reimbursement.
4.1 Year 7 Post Construction Physical & Biological Monitoring
Deliverable A: Post Construction Monitoring Report
Future environmental and physical monitoring allocation. Scopes oaf work added
under this task must be approved by Bureau staff. No portion of these fiends may
be expended until an amendment is executed per contract terms.
Total cost $146,275 (DEP cost$47,159) Due date December 31,2015.
ALL Tasks are Contractual Services.
DEP Agreement No. 1.2C01,Attachment A,Page 1 of 1
Packet Page-881-
4/28/2015 16.A.10.
ATTACHMENT B
FUNDING ELIGIBILITY
COLLIER COUNTY BEACH NOURISHMENT PROJECT
Vanderbilt Beach Segment
Project Boundary: 350' south of R-22 to R-37
Approximate Shoreline Length: 14,920 FEET
Location/Name Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)
Spaces Spaces Parking
Delnor Wiggins R-22 Primary 60 340 340 2640 2700
State Recreation
Area
La Playa R-26 Hotel 360 0 0 0 360
Vanderbilt R-29 Primary 130 167 167 4040 4170
Beach Road
Total eligible shoreline length: 7,230 FEET
Total project shoreline length: 14,920 FEET
Percent eligible for State funding: 48.46 PERCENT
Parkshore Segment
Project Boundary: 325' north of R-44 to 390' south of R-54
Approximate Shoreline Length: 11,265 FEET
Location/Name Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)*
Spaces Spaces Parking
Horizon Way R-52 Secondary 60 53 53 1661 1721
Vedado Way R-53 Secondary 60 37 37 1954 2014
Total eligible shoreline length: 3.735 FEET
Total project shoreline length: 11,265 FEET
Percent eligible for State funding: 33.16 PERCENT
*Overlap
DEP Agreement No. 12 COI,Attachment B, Page 1 of 3
Packet Page-882-
4/28/2015 16.A.10.
Naples Segment
Project Boundary: 1,050'north of R-58 to R-79
Approximate Shoreline Length: 19,375 FEET
Location/Name ' Address R- Type of Width of Total Public Eligible Eligible
Mon Access Access/ Units or Units or Shoreline Shoreline
Frontage Parking Parking (ft)from (ft)*
Spaces Spaces Parking
Edgewater Hotel R-59 Hotel 265 0 0 0 265
Lowdermilk Park R-61 Primary 920 210 210 5280—81h Avenue North R- Secondary 60 -Ti 21 1109 1169
63.5
7th Avenue North R-64 Secondary 60 12 12. 634 694
North Lake R- Secondary 60 38 38 2006 2066
Avenue 64.5
6th Avenue North R-65 Secondary 60 10 10 528 588
5th Avenue North R- Secondary 60 0 0 0 60
65.5
4th Avenue North R-66 Secondary 60 15 15 792 852
3rd Avenue North R- Secondary 60 14 14 739 799
66.5
'qd Avenue North R-67 Secondary 60 16 16 845 905
St Avenue North R- Secondary 60 17 17 898 958
67.5
Central Drive R-68 _) Secondary 60 12 12 634 694
1st Avenue South R- Secondary 60 16 16 845 905
68.5
t 2nd Avenue South R-69 Secondary 60 11 11 581 641
3rd Avenue South R Secondary 60 14 14 739 799
69.5
4th Avenue South R-70 Secondary 60 15 15 792 852
5th Avenue South R- Secondary 60 56 56 2640 2700
70.5
6th Avenue South I R-71 Secondary 60 12 12 634 694
7th Avenue South R- Secondary 60 16 16 845 905
71.5
8th Avenue South R-72 Secondary 60 11 11 581 641
9th Avenue South It- Secondary 60 15 15 792 852
72.5
10th Avenue South R-73 I Secondary 60 21 21 1 109 1169
11th Avenue South R- Secondary 60 13 13 686 746
73.5
Broad Avenue R-74 I Secondary 60 48 48 ! 2534 2594
12th Avenue South R74.5 Primary 60 107 107 5280 5340
13th Avenue South R-75 Secondary 60 31 31 1637 1697
14th Avenue South R- Secondary 60 30 30 1584 1644
75.5
1 15th Avenue South R-76 Secondary 60 18 18 950 1010
DEP Agreement No. 12 COI.,Attachment B,Page 2 of 3
Packet Page-883-
4/28/2015 16.A.10.
16th Avenue South R- Secondary 60 130 30 1584 1644
1 76.5
17th Avenue South R-77 Secondary 60 10 10 528 588
18th Avenue South R- Secondary 60 39 39 2059 2119
77.5
19th Avenue South R-78 Secondary 60 0 0 0 60
21st Avenue South R- Secondary 60 0 0 0 60
78.5
Total eligible shoreline length: 1 8,410 FEET
Total project shoreline length: 19,375 FEET
Percent eligible for State funding: 95.02 PERCENT
*Overlap
DEP Agreement No. 12 COI,Attachment B,Page 3 of 3
Packet Page-884-
4/28/2015 16.A.10.
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services,Reference Guide for State Expenditures(January 2005)
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 be provided in lieu of copies of actual checks. Each
piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
contract budget should be reimbursed.
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 Florida Accounting Information Resource (FLAIR)
reports or other detailed reports.
Listed below are examples of types of documentation representing the minimum requirements:
(I) 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 he 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 that 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 that 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.
The Florida Department of Financial Services, Reference Guide to State Expenditures(January,2005)can be found at the
following web address: http://www.fldfs.cam/aadir/reference%SFeuide/.
DEP Agreement No. 12 COI,Attachment C,Page I of I
Packet Page -885-
4/28/2015 16.A.10.
ATTACHMENT D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART I
PAYMENT SUMMARY
Name of Project: COLLIER COUNTY MONITORING
LOCAL SPONSOR: COLLIER COUNTY DEP Agreement Number: 12C01
Billing Number: Billing Period:
—
Billing Type: rj 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 Payment Less This Credit
Less This Retainage(10%) $ Local Funds Remaining
State Funds Remaining
Certification: 1 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, Bureau of Beaches and Coastal Systems 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.
Name of Project Administrator Signature of Project Administrator Date
Name of Project Financial Officer Signature of Project Financial Officer Date
DEP Agreement No. 12C01, Attachment D, Page 1 of 3
Packet Page -886-
4/28/2015 16.A.10.
LL! ti)
h a0m 3
ao.. v
a0e a� I ao I I I —`
O O m.�o c S
V G m — m
c E
m a, a E
D O1 m c a
F' G 01 0 0
s m 3 r
tR p VQ S
0,`0 0
E ym E
N C U b °
m °
7 0
m 0 '°
Q m 4 C W
U CG
2 C .c N
to dN
o 0 O 2 U Di
• U . a is 0
a r t m
Z 5 c
N
K c 0 c 3
F,„ �.�/y m °N tir
Q C7 'E E O Lv° E m
a0A Din c 2
• //�� . M
�0 V 1- O Q tlJ ,p 0 Q, U Q• G.
W ck W ~W C IF C C N
W y ,.M 2 a o c 'y on
'-+ O a
..a U F., lWU a�m °,o " r co 13 QZ tC � a Ev m y II
ZH a Q "c rm c y E Q
V] ..M F- ° 0 0• 0 O of C
pi •—• 1 F, W o me °> o c m m
4V] W p m Ea X a w
Z J? f"" G U a 0 . to
Q 14 , .. 0 0 > 0 m - r
Z l 0 u ° J E m
4 E a o
12
C 5 E J
Z' C aS
0 C
b U�I Zr13 O E 0 o ` m N
Q Y z F 0 @
Z E., co c T . v y
Z
N � '� _ 0 g O ti 1-4
tr D l � Q m m a
If J m
oCUa —
E., W .74 fl am ga 0 E
p,: C': C: Z 0 t m o m m QQ)
W O 111 N 0 0
p 4t 0. D 0 m t E U.
CO as = mo $ � .Q
• rw = m .
tQ o 0 mE0mL
C:) '-' pp
ID QE 0 ti 8S' E
d 0 L W
ryas ° w 3v
O s 0 P E m V,
a .0 0 a� a = m
O. .0 v
m 0 C 0 c �r X d ; ° E 0 0 ° E m c
i 1;4 ° o> m< � . .,- 1 .2.. E !
o i r ° � go
E' m a m
ac n. 1•. c m m' W e
0 0 I �^ E `° .c 0 . E
1 C w . W
Y C' a m
. X a 0 o
� a , � a m
a� C C G N 1L w
.. m 7'... 4 ' 0 0 m
E U D O O O O C m O r 0 -
Q m 7 E t C � C C w
i 2. p w ag.
o 0 _
0 to # . o 114 y cg 0 g g W
E o E r ca of at IQ 0 r. CO 0 T E r ! ^ o .°.1 En -J -J n
p4 0 - .. * i °
Z '` Packet Page-887- z Z LL
4/28/2015 16.A.10.
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART HT
PROJECT PROGRESS REPORT
Name of Project: COLLIER COUNTY MONITORING
LOCAL SPONSOR: COLLIER COUNTY DEP Agreement Number. 12C01
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:
4.0 MONITORING
4.1 Year 7 Post Construction Physical and Biological Monitoring
DEP Agreement No. 12C01,Attachment D, Page 3 of 3
Packet Page-888-
4/28/2015 16.A.10.
ATTACHMENT E
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
Name of Project COLLIER COUNTY MONITORING
LOCAL SPONSOR: COLLIER COUNTY DEP Agreement Number: 12C01
*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. l2col,Attachment E,Page 1 of 1
Packet Page-889-
4/28/2015 16.A.10.
ATTACHMENT F
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 Depai tnient of
Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the
recipient shall consider all sources of Federal awards, including Federal resources received from the Department of
Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with
the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor
General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this
part.
2. In connection with the audit requirements addressed in Part I, paragraph t, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133.as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient
expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal
resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal
entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http:t/12.46.245.173/cfda/cfda.html.
DEP Agreement No. 12001,Attachment F,Page 1 of 5
Packet Page-890-
4/28/2015 16.A.10.
PART H:STATE FUNDED
This part is applicable lithe recipient is a nonstate entity as defined by Section 21597(2)(m),Florida Statutes.
I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
5500,000 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 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 21597(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 5500,000 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 5500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.l eg.state.fl.us!Welcome/index.cfm, State of Florida's website at
http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/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 State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215..97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange,for funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133,as revised,by or on behalf of the recipient directly to each of the following:
DEP Agreement No. I2CO1,Attachment F,Page 2 of 5
Packet Page -891-
4/28/2015 16.A.10.
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit.Clearinghouse),at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(0,
OMB Circular A-133,as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor,to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
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
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 12C01, Attachment F, Page 3 of 5
Packet Page-892-
4/28/2015 16.A.10.
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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550(local governmental entities)or 10.650(nonprofit and
for-profit organizations), Rules of the Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting
package was delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee. Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued,unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 12C01, Attachment F,Page 4 of 5
Packet Page-893-
4/28/2015 16.A.10.
1 g I H . I
. ,...
.
-ii _...,. ,
. ,..., ■0 1"•; 7.:`, 0 .t,,..!
0 LI! -. C20 CL) .c... a Cl ,
;4'
-
c/a E , rn. E -,r, -1- .1-
..; 01.,.
ES-C.) 0-C.) 0,L..) -i --
o.. to.. ca.
.,..1 , ..!ti
5 v5.• .1,.,..: .;;.• r9 a.)
=
4.., VI 0 •
1..,
< — -
CZ 'D
5 0
,... . g.
,....-- = mi
Ti
< s-
`tt tri t••• 01
to -a to = at)a::, - -
,., ...0
?5
S L1L 7:7 ••;* "0 •" 0* -,-.4 v, III
a) g aoik
vz 0
0 ...- _
:2;
.., '3 .
Co 1-
= a, no o ii- 0
Z co
= •-.
-.., col ?.... 0 —
• a, ° i.,
•0 03 ca. t-•
itt .4) - 76 U M Z tro
c,.# .......
-1 .= E. ,...;"
$2 '04 -.1
0
-.-1
.-
LCli ..... 0 0 = •...., ..E.,...., .)
.... .0 " c = 0 -0 or)
.1, ...N. 8 vs
,.
LI:
..
7..." 2 0 Cia 4) 2). ..E. b a, C...) o
- H
-E
_ a
V) = e•••■ LAL r.h. i gu ,...,,:t ,a
..., - M 5
,..,
7
... ‘..... ........ a
...0 u., a - es , 0
J..-. ' 'Z' 7.3
.... ...., 0
U ... U -... CI. C■■1 .... MI "CC). *D; a) cs
1 C.) •-• ,- ,-, --. ..., .‘- in o.. .,--i
0 o 1.-.) .r/' '3 .11,
;',.... H '7 ...„ .... cei 7 es 7 0 < o <
H Z ur
,WI
C4)) 0 ' +I).-
< '
. .... .....
/..)::
^l.. 2 - - c...) r..) 0
5 3 c r•
za (....) U
r, L..1 ..,
....
.....
- --
• 5"
3 z.,,, -6_,‘ 4.:2. c3 c, ... u
C3 q., co 0. a> 6
< a,
f.... =
. v) = ,.....
2' ,-,., n:
en - a)
a, i.3 ,:.--.
- VD - 7
cn t2L a, F., ..,_
— -0' 'Er a = o C)
...., te, ,....
,-- z < 4,4 .,
.e• .b ,..,
3
H• -
H
Z a;
= M -
•-• M .... - r-4
ces I r-1
I
0 L.. 0 = *". ..-. '7..:
=
_ -- ._,•-• es uj
,,..!
U z ct *C3
tl.., it. ::: V) •• 'it
.. 0
0... 3 c...,
.,.., ..., ...= a)
H
z .- 4)
I.1.1 0
.
0
. , ...-,
0 a,
..., 0 a, ...... ,--,
t g ,..,,,,, i 1 ou.,,m
- a -0.... lt G;c•-)
0 tr,
-..<
• ..... ..■
LI'l "0
0
1... ...., Tei ..... ......, 4 H „........, >
H -a ea 1:$ E -0
,-
- - ti.2, 0
c::, 0 ,-.-..
C) -la tt, -0 o .:i ,-
H
■_,_ .-E-t,
.-- V) ,.... •J ,.... i-al ' LA.. .";
,. =
..... >1 ,
a Q.,
4) v)
< 0
0 0 O tb ra 0 3
0 r. ....•
,-. 'a.
0 = .- -: ' _cd 4)
ILL tt -.0 de t,.. F.1 •n G.. CD ttl _.0 .:::: P .= E -- .... VA / ,
0 - a, 0 0 = a, v.; E ----, •,-- - - -
Z (3 Fo o
4/ c7) < < ,4.• ,•• a) t'".
f-14 ra. Url ..1. 7-:, 01 •..
, --
Packet Page-894-
4/28/2015 16.A.10.
ATTACHMENT G
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Local Sponsor's Name:
Local Sponsor Fiscal Year Period: FROM: TO:
Total State Financial Assistance Expended during Local Sponsor's most recently completed Fiscal
Year:
Total Federal Financial Assistance Expended during Local Sponsor's most recently completed
Fiscal Year:
$
DEP Agreement No, 12C01,Attachment G,Page 1 of 3
Packet Page-895-
4/28/2015 16.A.10.
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Local Sponsor Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: THIS SHOULD BE THE LOCAL SPONSOR'S FISCAL YEAR FROM
(MONTH/YEAR)TO (MONTH/YEAR).
Total State Financial Assistance Expended during Local Sponsor's most recently completed
Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL
ASSISTANCE EXPENDED FROM ALL STATE AGENCIES,NOT JUST DEP.
Total Federal Financial Assistance Expended during Local Sponsor's most recently completed
Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL
ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH
DEP.
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date of the signature.
DEP Agreement No. I 2C0 I, Attachment G, Page 2 of 3
Packet Page-896-
4/28/2015 16.A.10.
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
I. Question: Do I complete and return this form when I return my signed
Aareement/Amendment?
Answer: No, this form is to he completed and signed by your Chief Financial Officer
and returned 4 months after the end of your fiscal year.
2. Question: Can I fax the form to you?
Answer: Yes, you can fax the Certification form,the fax number is 850/245-2411.
3. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system. This is just to let our Office of the Inspector General know which
entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit, only the Certification form.
4. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that arc specific
to DEP on the form.
5. Question: Do 1 have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$500.000. If you would prefer to submit your audit (CAFR) instead of the form, that is
fine.
6. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
.'"ci notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie.skeltonaidep.state.11.us
DEP Agreement No. 12C01, Attachment G, Page 3 of 3
Packet Page-897-
4/28/2015 16.A.10.
,A411,9P/JY,
Florida Department of
Environmental Protection 1;:nrilcr
tOR
Grwvrnor
Marjory Stoneman Douglas Building
DAN-Ar,f;. 3900 Commonwealth Boulevard
,c.h.
- - . Tallahassee, Florida 32399-3000 Vtrward
Saictap,'
June 21, 2012
VIA FED-X
Mr. Gary McAplin
Collier County
3299 Tamiami Trail East
Suite 103
Naples,Florida 34112
RE: Execution of Project Agreement
Collier County Monitoring
DEP Contract 12C01
Dear Mr. McAlpin:
Enclosed please find one (1) fully executed original for the referenced project
agreement, which was signed and dated on behalf of the Department b Bureau Chief,
Danielle H. Fondern.
Should you have any questions, please contact me at 850/922-7711.
Sincerely,
'‘‘‘
Dena VanLandingharn
Grants Program Administrator
Bureau of Beaches and Coastal Systems
DV/1r
Enclosure
Packet Page -898-