Agenda 02/25/2014 Item #16A152/25/2014 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Amendment No. 1 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 (Project No. 90536).
OBJECTIVE: To obtain approval of Amendment No. 1 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 16139. The purpose of this Agreement was to enter
into a cost share agreement with FDEP for Collier County beach monitoring.
This amendment partially reimburses the County for permit required post construction
monitoring for 2011 (fifth year) and 2013 (seventh year) after the initial renourishment in
2005/2006. The total cost of the scope of work that FDEP has approved for cost share
consideration is $146,275. At a 32.24% cost share and state match rate, FDEP's financial
obligations is $47,159.
FISCAL IMPACT: Revenue in the amount of $47,159 is expected to be received from FDEP
for previous expenditures.
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 to approve and authorize the Chairman to execute
Amendment No. 1 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: Gary McAlpin, Manager of Coastal Zone Management
Attachments: A) FDEP Amendment No. 1 to 12C01; B) FDEP 1201 Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 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 (Project No. 90536).
Meeting Date: 2/25/2014
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
1/29/2014 10:35:23 AM
Submitted by
Title: Accountant,Coastal Zone Management
Name: HambrightGail
1/29/2014 10:35:25 AM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 1/29/2014 1:09:51 PM
Name: Tara Castillo
Title: Fiscal Technician,Transportation Engineering & Con
Date: 1/29/2014 1:19:34 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 1/30/2014 10:29:55 AM
Name: McAlpinGary
Title: Director - Coastal Management Programs,Coastal Zon
Date: 1/30/2014 11:47:29 AM
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2/25/2014 16.A.15.
Name: MarkiewiczJoanne
Title: Manager - Procurement, Purchasing & General Services
Date: 1/31/2014 1:58:15 PM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 2/3/2014 10:19:16 AM
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 2/3/2014 11:33:43 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 2/6/2014 8:42:21 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 2/10/2014 3:46:54 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/12/2014 9:05:56 AM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 2/14/2014 9:16:49 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 2/19/2014 2:05:12 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/19/2014 2:32:04 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 2/19/2014 3:07:27 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 2/19/2014 3:13:00 PM
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Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/19/2014 3:37:18 PM
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�.
DEP AGREEMENT No: 12CO1
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION I �4 2012
BUREAU OF BEACHES AND COASTAL SYSTEMS EUF ��
BEACH MANAGEMENT FUNDING ASSISTANCE PROGII 3 °drys; t�
STATE OF FLORIDA
GRANT AGREEMENT FOR
COLLIER COUNTY MONITORING
THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECt'ION (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(l)(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.
2. 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. 12CO 1, Page I of 10
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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 I below:
TABLE 1
Task
Eligible Project Tasks
Estimated Pra'ect Costs
Federal
DEP
Local
Total
4.0
Monitoring
4.1
Year 7 Physical and Nearshore
Biological
$47,159
$99,116
$146,275
TOTAL PROJECT COSTS
1
$47,159
1 $99,116
5146,275
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.
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.
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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 hqp: / /",w.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 — H), 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 DEPAR'T'MENT 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. 12CO1, Page 3 of 10
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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 PROJECT 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: 2391252 - 5342. The
DEPARTMENT's 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. 12001, Page 4 of 10
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LOCAL SPONSOR
Gary McAlpin
Collier County
3299 Tamiami Trail East
Suite 103
Naples, Florida 34112
(239) 252 -5342
GaryMcAlpin@colliergov.net
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DEPARTMENT
Dena VanLandingham, Grant Program
Administrator
Department of Environmental Protection
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd., MS 300
Tallahassee, Florida 32399 -3000
(850) 922 -7711
Dena .vanlandingham@dep.state.fl.us
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, 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.
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 1 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 I 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.
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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 1 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 he 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.
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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
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 Hoard 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.
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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 Plait 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 riles 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. 12CO1, Page 8 of 10
Packet Page -415-
2/25/2014 16.A.15.
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. 12CO1, Page 9 of 10
Packet Page -416-
2/25/2014 16.A.15.
IN WITNESS WHEREOF, the parties have caused these presents to be duty executed, the day and year
last written below.
COLLIER COUNTY
By:_
Title: The Fred W. Coyle
BOCC Chairman
Date:
1.
FEID No.
TS SR
.Ate
4 11-9nature on I#
Local Sponsor's Att6mey
(if necessary)
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Secretary or designee
Date: 61 7, r- [('
Department of Environmental Profe't-tion
Grant Program Administrator
APPROVED as to form and legality:
Department of Envit7ental Protection
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 (I page)
Attachment
B
Funding Eligibility (I page)
Attachment
C
Contract Payment Requirements (I page)
Attachment
D
Request For Payment, Parts 1- 111 (3 pages)
Attachment
E
Project Completion Certification (I page)
Attachment
F
Special Audit Requirements (5 pages)
Attachment
G
Certification of Applicability to Single Audit Act Reporting (3 Pages)
DEP Agreement No. 12CO 1, Page 10 of 10
Packet Page -417-
2/25/2014 16.A.15.
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- 854.4; 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 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 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 of work added
under this task must be approved by Bureau stuff. No portion of these funds 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. 12COI, Attachment A, Page 1 of l
Packet Page -418-
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
2125/2014 16.A.15.
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
Parkin
Delnor Wiggins
R -22
Primary
60
340
340
2640
2700
State Recreation
R -53
Secondary
1 60
37
37
1954
2014
Area
La Playa
R -26
Hotel
360
0
0
0
360
Vanderbilt
R -29
Primary
130
167
1.67
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
Parkin
Horizon Way
R -52
Secondary
60
53
53
1661
1721
Vedado Way
R -53
Secondary
1 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 -419-
Naples Segment
Project Boundary: 1,050' north of R -58 to R -79
Approximate Shoreline Length: 19,375 FEET
2/25/2014 16.A.15.
Location/Name
Address
R-
Mon
Type of
Access
Width of
Access/
Frontage
Total
Units or
Parking
Spaces
Public
Units or
Parking
Spaces
Eligible
Shoreline
(ft) from
Parkin
Eligible
Shoreline
(ft)*
Edgewater Hotel
R -59
Hotel
265
0
0
0
265
Lowdermilk Park
R-61
Primary
920
210
210
5280
6200
8'4 Avenue North
R-
63.5
Secondary
60
21
21
1109
1169
7th Avenue North
R -64
Secondary
60
12
12
634
694
North Lake
Avenue
R-
64.5
Secondary
60
38
38
2006
2066
6th Avenue North
R -65
Secondary
60
10
10
528
588
5th Avenue North
R-
65.5
Secondary
60
0
0
0
60
4th Avenue North
R -66
Secondary
60
15
15
792
852
3rd Avenue North
R-
66.5
Secondary
60
14
14
739
799
2nd Avenue North
R -67
Secondary
60
16
16
845
905
1 st Avenue North
R-
67.5
Secondary
60
17
17
898
958
Central Drive
R -68
Secondary
60
12
12
634
694
1 st Avenue South
R-
68.5
Secondary
60
16
16
845
905
2nd Avenue South
R -69
Secondary
60
11
11
581
641
3rd Avenue South
R-
69.5
Secondary
60
14
14
739
799
4th Avenue South
R -70
Secondary
60
15
15
792
852
5th Avenue South
R-
70.5
Secondary
60
56
56
2640
2700
6th Avenue South
R -71
Secondary
60
12
12
634
694
7th Avenue South
R-
71-5
Secondary
60
16
16
845
905
8th Avenue South
R -72
Secondary
60
11
11
581
641
9th Avenue South
R-
72.5
Secondary
60
15
15
792
852
10th Avenue South
R -73
Secondary
60
21
21
1109
1169
11 th Avenue South
R-
73.5
Secondary
60
13
13
686
746
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
14th Avenue South
R-
75.5
Secondary
60
30
30
1584
1644
15th Avenue South
R -76
Secondary
60
18
18
950
1010
DEP Agreement No. 12 COI, Attachment B, Page 2 of 3
Packet Page -420-
2/25/2014 16.A.15.
1111 -1.1 -- t
16th Avenue South
R-
76.5
Secondary
60
30
30
1584
1644
17th Avenue South
R -77
Secondary
60
10
10
528
588
18th Avenue South
R-
77.5
Secondary
60
39
39
2059
2119
19th Avenue South
R -78
Secondary
60
0
0
0
60
21st Avenue South
R-
78.5
Secondary
60
0
0
0
60
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. 12 CO 1, Attachment B, Page 3 of 3
Packet Page -421-
2/25/2014 16.A.15.
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 die 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:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should
show gross salary charges, fringe benefits, other deductions and net pay. If an individual for
whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits
will be based on a specified percentage rather than the actual cost of fringe benefits, then the
calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. if nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to show
compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative
Code, regarding the requirements for contracts 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 Iog 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.ldfs.com/aadir /reference %5Fmide /.
DEP Agreement No. 12 COI, Attachment C, Page I of I
Packet Page -422-
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: 12CO I
Billing Number:
Costs Incurred This Payment Request:
Federal Share* State Share
$ $
*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
2/25/2014 16.A.15.
Billing Period:
Billing Type: ❑ Interim Billing ❑ Final Billing
Local Share Total
Local Funds Obligated $
Less Advance Pay $,
Less Previous Credits
Less This Credit
Local Funds Remaining
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, 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, 12CO 1, Attachment D, Page I of 3
Packet Page -423-
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
REACH 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: 12001
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. 12COI , Attachment D, Page 3 of 3
Packet Page -425-
2/25/2014 16.A.15.
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: 12COI
*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. 12co 1, Attachment E, Page I of 1
Packet Page -426-
2/25/2014 16.A.15.
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 contracdagreement) 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 1: 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 I to this Attachment indicates Federal funds awarded through the Department of
Environmental Ptotection 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 1, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient
expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non- Federal
resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal
entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http: / /12.46.245.173 /efda /cfda.htmi.
DEP Agreement No. 12CO1, Attachment F, Page '1 of 5
Packet Page -427-
2/25/2014 16.A.15.
PART 11: 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 11, 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.
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).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https: / /apps.fldfs.com /fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http: / /www. leg .state.fl.us /Welcome /index.cfm, State of Florida's Website at
http: / /www.mvflorida.com /, Department of Financial Services' Website at h": / /www.ildfs.com/ and the
Auditor General's Website at htip: / /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.1br funding the full cost of such additional audits.)
PART 1V: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A -133, as revised, by or on behalf of the recipient directly to each of the following:
DEP Agreement No. 12COI, Attachment F, Page 2 of 5
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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 /fae/
C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at 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
I 1 1 West Madison Street
Tallahassee, Florida 32399 -1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 12001, Attachment F, Page 3 of S
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4. Copies of reports or management letters required by PART 111 of this Attachment shall be submitted by or
on behalf of the recipient direct] v 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. 12CO1, Attachment F, Page 4 of 5
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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. 12CO1, Attachment G, Page I of 3
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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. 12CO 1, Attachment G, Page 2 of 3
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CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
1. Question: Do I complete and return this form when I return my signed
Agreement/Amendment?
Answer: No, this form is to be 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 are specific
to DEP on the form.
5. Question: Do I 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
2"d notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie .skeltonra?dep.state.fl.us
DEP Agreement No. 12CO 1, Attachment G, Page 3 of 3
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June 21, 2012
VIA FED-X
Mr. Gary McAplin
Collier County
3299 Tamiami Trail East
Suite 103
Naples, Florida 34112
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
RE: Execution of Project Agreement
Collier County Monitoring
DEP Contract 12C0I
Dear Mr. McAlpin:
N
JI '1
UN' 2 2 ' 2012
2/25/2014 16.A.15.
Rick Scott
("overnot
Icnniier Carrel;
LL Gnvcrnor
i ler-schel 1, Vinvard b
Enclosed please find one (1) fully executed original for the referenced project
agreement, which was signed and dated on behalf of the Department by Bureau Chief,
Danielle H. Fondern.
Should you have any questions, please contact me at 850/922-7711.
Sincerely,
Dena VanLandingl-tam
Grants Program Administrator
Bureau of Beaches and Coastal Systems
DV/lr
Enclosure
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AMENDMENT No. 1
DEP AGREEMENT No: 12CO I
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 201 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 1 below and in Attachment A -1, 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 1 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
Biological
$32,234
$67,747
$99,981
4.2
Year 7 Physical Monitoring
$14,925
$31,36TI
$46,294
TOTAL PROJECT COSTS
$47,159
$99,1161
$146,275
DEP Agreement No. 12CO1, Amendment No. 1, Page 1 of 5
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• 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.
• 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 terms
and conditions of the Agreement.
• Paragraph 15 sentence three is hereby deleted in its entirety and replaced with the following:
Progress reports may be required to be submitted electronically in Word.doc or tab delimited .TXT format.
• Paragraph 22 is hereby deleted in its entirety and replaced with the following:
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 contact person at the addresses below.
LOCAL SPONSOR
Gary McAlpin
Collier County
2800 N. Horse Drive
Naples, Florida 34104
(239) 252 -5342
GaryMcAlpin @colliergov.net
DEPARTMENT
Dena VanLandingham, Grant Program
Administrator
Department of Environmental Protection
2600 Blair Stone Road, MS 3511
Tallahassee, Florida 32399 -3000
(850) 922 -7711
Dena. Vaniandingham(a,dep.state.fl.us
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.
Paragraph 36 is hereby 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 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.
DEP Agreement No. 12CO1, Amendment No. 1, Page 2 of 5 d0
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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 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
DEP Agreement No. 12COI, Amendment No. 1, Page 3 of 5
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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 -1, 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.
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DEP Agreement No. 12COI, Amendment No. 1, Page 4 of 5
G�
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IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year
last written below.
COLLIER COUNTY
By:
Title: Commissioner Tom Henning, Chairman
Date:
FEID No. 596000558
Opproved as to form and legality
Assistant County Attorney
ATTEST
DWIGHT E. BROCK_fk
Local Sponsor's Attorney
(if Tsyd: saQ,)
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Department of Environmental Protection
Secretary or designee
Date:
Department of Environmental Protection
Grant Program Administrator
APPROVED as to form and legality:
Department of Environmental Protection
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 -I Revised Grant Work Plan (2 pages)
Attachment D -1 Revised Request for Payments, i -V (4 pages)
DEP Agreement No. 12CO1, Amendment No. 1, Page 5 of 5
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K