Agenda 05/08/2012 Item #16A6 Proposed Agenda Changes
Board of County Commissioners Meeting
May 8,2012
Move Item 16A6 to Item 11D: Recommendation to
approve Amendment Number 1 to funding Agreement No.
50539 with the Florida Department of Environmental
Protection for the Northern Golden Gate Estates Flowway
Restoration Plan, Collier County Project No. 33134,
extending the agreement completion date from November 9,
2012 to January 15, 2013. (Staff's request)
Continue Item 16A7 to the May 22,2012 BCC Meeting: Recommendation to advertise and bring back for
future consideration an amendment to the Collier County Consolidated Impact Fee Ordinance,which is
Chapter 74 of the Collier County Code of Laws and Ordinances,to eliminate outdated provisions in Section
74-205,Developer Contribution Credit,related to time limitations for credit reimbursements and
requirements for forfeiture of credits. (Staff's request)
Move Item 16E6 to Item 11C: Recommendation to ratify County Purchase Orders 4500124638 and
4500127444 in the total amount of$192,215 and approve the payment of invoices to Miller Pipeline
Corporation under a contract competitively procured by the City of Boca Raton for work performed on
North Naples sewer laterals project 70043. (Commissioner Henning and Commissioner Fiala's separate
requests)
Move Item 17A to Item 9A: This item requires that ex parte disclosure be provided by Commission
members.Should a hearing be held on this item,all participants are required to be sworn in.RZ-
PL20110001572: SSP Associates,Inc.--An Ordinance of the Board of County Commissioners of Collier
County,Florida amending Ordinance No.2004-41,as amended,the Collier County Land Development Code,
which established the comprehensive zoning regulations for the unincorporated area of Collier County,
Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the
herein described real property from a C-3 zoning district to a C-5 zoning district for the project known as
SSP Associates,Inc.Rezone located south of Tamiami Trail East in Section 32,Township 50 South,Range 26
East,Collier County,Florida,consisting of 1.75+/-acres;and by providing an effective date. (Commissioner
Fiala's request)
*Petitioner,after being advised of the move,has requested a continuance of this item to the May 22,2012 BCC
Meeting.
Note:
Item 16B4 Recommendations portion of Executive Summary should read: That the CRA Board approves
and authorizes the CRA Chairman to modify and execute the Commercial Building Improvement Grant
Agreement between the CRA and Ronald Fowle,Sr.owner/senior partner of STONS,STRONS Inc.(2595
Tamiami Trail East)by approving a 6-month time extension until July 10,2013 and increase the grant award
in the amount of$9,326.50 for a new grant award of$12,929.50. (Commissioner Fiala's request)
Time Certain Items:
Item 4E to be heard at 11:30 a.m.
Item 10A to be heard at 9:30 a.m.,immediately followed by Item 10B
5/8/2012 2:02 PM
5/8/2012 Item 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve Amendment Number 1 to funding Agreement No. S0539 with
the Florida Department of Environmental Protection for the Northern Golden Gate Estates
Flowway Restoration Plan, Collier County Project No. 33134, extending the agreement
completion date from November 9, 2012 to January 15, 2013.
OBJECTIVE: To oversee completion and funding agreement administration of conceptual
development of the Northern Golden Gate Estates Flowway Restoration Plan.
CONSIDERATIONS: Development of plans to restore the Northern Golden Gate Estates
(NGGE) Flowway is one of the highest rated recommended projects evaluated by the County
Watershed Management Plan. The project is studying the feasibility of redirecting wet season
surface water flows generated in the Eastern Estates, currently conveyed into the canal system
with significant discharge into Naples Bay, into surrounding low -lying wetland areas. The work
includes analysis of potential linking of areas by multiple culvert installation under estates roads
restoring a regional surface water flowway. Reestablishing the flowway will provide aquifer
recharge /water supply protection, water quality improvement and habitat improvement.
The current work is the second and last phase of conceptual plan development. The work is a
consultant study and is funded by two grants, one from Florida Department of Environmental
Protection (FDEP) and one from the South Florida Water Management District (SFWMD),
totaling $150,000.
Staff from the County Stormwater and Environmental Planning Section of the Land
Development Service Department is managing the project. One of the final work deliverables
will be conceptual construction plans. Subsequent planned efforts, pending funding availability,
will be design, permitting and construction plan approval of the Flowway Restoration Plan.
In recently reviewing the FDEP, 15 -month duration agreement, it was realized that two of the
deliverable tasks have completion dates beyond the ending date of the agreement based on the
final execution date of August 9, 2011. An amendment is necessary to extend the agreement
until January 15, 2013.
FISCAL IMPACT: There is no fiscal impact with approval of this item.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: The Northern Golden Gate Estates Flowway
Restoration Planning effort is in accordance with the goals and the objectives of the Drainage
Sub - element of the Growth Management Plan.
Packet Page -325-
5/8/2012 Item 16.A.6.
RECOMMENDATION: Approve acceptance of Amendment Number 1 of the Florida
Department of Environmental Protection Grant Agreement No. S0539 and authorize the Board
Chairman to execute the agreement;
Prepared by: Jerry Kurtz, P.E., Stormwater and Environmental Planning Manager, Land
Development Services Department, Growth Management Division
Attachments: (1) FDEP Agreement No. S0539
(2) Amendment No. 1
Packet Page -326-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6.
5/8/2012 Item 16.A.6.
Item Summary: Recommendation to approve Amendment Number 1 to funding
Agreement No. S0539 with the Florida Department of Environmental Protection for the
Northern Golden Gate Estates Flowway Restoration Plan, Collier County Project No. 33134,
extending the agreement completion date from November 9, 2012 to January 15, 2013.
Meeting Date: 5/8/2012
Prepared By
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
4/12/2012 10:23:25 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 4/13/2012 9:26:45 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 4/13/2012 9:31:35 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/16/2012 4:11:14 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2012 3:57:22 PM
Name: OberrathKaren
Title: Senior Accountant, Grants
Date: 4/25/2012 12:01:48 PM
Name: KlatzkowJeff
Title: County Attorney
Packet Page -327-
Date: 4/27/2012 9:39:27 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 4/27/2012 2:48:21 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/27/2012 4:38:42 PM
Name: OchsLeo
Title: County Manager
Date: 4/29/2012 8:36:11 PM
Packet Page -328-
5/8/2012 Item 16.A.6.
5/8/2012 Item 16.A.6.
DEP AGREEMENT NO. S0539
AMENDMENT NO. 1
THIS AGREEMENT as entered into on the 9`h day of August, 2011, between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Grantee" or
"Recipient ") is hereby amended.
WHEREAS, due to a delay in the execution of this Agreement, it is necessary to extend the completion
date; and,
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
-- Paragraph 2. is hereby revised to change the completion date of the Agreement to January 15, 2013.
-- Paragraph 15 is hereby revised to change the Department's Grant Manager information to read as follows:
The Department's Grant Manager for administrative matters under this Agreement is identified below.
Randy Landers
Florida Department of Environmental Protection
South District Office
Post Office Box 2549
Fort Myers, Florida 33902 -2549
Telephone No.:
1 (239) 344 -5659
Fax No.:
1 (850) 412 -0590
E -mail Address:
I Randal.landersna de .state.fl.us
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. S0539, Amendment No. 1, Page 1 of 2
Packet Page -329-
5/8/2012 Item 16.A.6.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
By:
Title: Fred W. Coyle, Chairman*
Date:
Attest:
Dwight E. Brock, Clerk
By
Approved as to form and legal sufficiency:
Scott R. Teach, Deputy County Attorney
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
0
Secretary or designee
Date:
Jennifer Nelson, DEP Grant Manager
r
Randy Landers, DEP Grant Manager
r.
o
DEP Contracts Administrator
Approved as to form and legality:
s
DEP 'Attorney
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0539, Amendment No. 1, Page 2 of 2
Packet Page -330-
5/8/2012 Item 16.A.6.
August 9, 2011
Florida Department of
Environmental
Protection
South District Office
Post Office Box 2549
Fort Myers, Florida 33902 -2549
Mr. Jerry Kurtz, P.E.
Collier County Growth Management Division
2885 South Horseshoe Drive
Naples, Florida 34104
Re: DEP Funding Agreement S0539
Dear Mr. Kurtz,
Enclosed is a fully executed original of the funding agreement for the North Golden Gate
Estates Flowway Restoration project for your records.
If you have any questions please feel free to contact me at 239- 344 -5688.
Sincerely,
Gordon Romeis
Environmental Manager
Enclosure
Packet Page -331-
5/8/2012 Item 16.A.6.
AGREEMENT NO. S0539
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1512B OF THE FY2000 -2001 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399 -3000 (hereinafter referred to as the "Department ") and the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, whose address is Collier County Growth Management Division, 2885 South Horseshoe Drive,
Naples, Florida 34104 (hereinafter referred to as "Grantee" or "Recipient "), a local government, to provide financial
assistance for the North Golden Gates Estates Flowway Restoration Project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and
"Agreement" and the terms "Grantee ", "Recipient" and "Contractor ", are used interchangeably.
2. This Agreement shall begin upon execution by both parties and remain in effect for a period of
fifteen (15) months, inclusive. The Grantee shall be eligible for reimbursement for work
performed on or after the date of execution and until the expiration of this Agreement. This
Agreement may be amended to provide for additional services if additional funding is made
available by the Legislature.
A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed
$75,000. The parties hereto agree that the Grantee is responsible for providing a minimum match
of $75,000. Prior written approval from the Department's Grant Manager shall be required for
changes within approved task budget categories of up to 10% of the total task budget amount. The
DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP
Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement
file. Changes greater than 10% of the total task budget will require a formal change order to the
Agreement. 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.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon
the completion, submittal and approval of deliverables identified in Attachment A, in accordance
with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment
Request Summary Form. A final payment request must be submitted to the Department no later
than thirty (30) days from the completion date of this Agreement to assure the availability of funds
for payment. Each payment request submitted shall document all matching funds and/or match
efforts (i.e. in -kind services) provided during the period covered by each request. The final
payment will not be processed until the match requirement has been met.) In addition to the
summary form, the Grantee must provide from its accounting system, a listing of expenditures
charged against this Agreement. The listing shall include, at a minimum, a description of the
goods or services purchased, date of the transaction, voucher number, amount paid, and vendor
name. Travel expenses will not be reimbursed under the terms and conditions of this Agreement.
(' In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will
periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the ,
Arr, V9, * j appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
DEP Agreement No. S0539, Page 1 of 7 Packet Page -332-
5/8/2012 Item 16.A.6.
allocation guidelines), as appropriate. This information, when requested, must be provided within
thirty (30) calendar days of such request. The Grantee 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). All bills for amounts due under this Agreement shall be
submitted in detail sufficient for a proper pre -audit and post -audit thereof. State guidelines for
allowable costs can be found in the Department of Financial Services' Reference Guide for State
Expenditures at http: / /www.fldfs.com /aadir /reference %5Fauide.
D. 1. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees 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 Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
2. 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
Grantee under this Agreement for non - compliance with the material terms of this
Agreement. The Grantee, 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 Grantee to the date
repayment is made by the Grantee to the Department.
In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee 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 Grantee to the date repayment is made to the Department by the Grantee.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature. The parties hereto understand that this Agreement is
not a commitment of future appropriations.
The Grantee shall utilize Attachment C, Progress Report Form, to describe the work performed,
problems encountered, problem resolution, schedule updates and proposed work for the next reporting
period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20)
days following the completion of the quarterly reporting period. It is hereby understood and agreed by the
parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30
and December 31. The Department's Grant Manager shall have ten (10) calendar days to review the
required reports and deliverables submitted by the Grantee.
6. 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.
A. The Department may terminate this Agreement at any time in the event of the failure of
the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the
Department shall provide thirty (30) calendar days written notice of its intent to terminate and
shall provide the Grantee an opportunity to consult with the Department regarding the reason(s)
for termination.
DEP Agreement No. S0539, Page 2 of 7 Packet Page -333-
5/8/2012 Item 16.A.6.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice. In the event of termination for convenience by the
Department, the Grantee shall be compensated for work satisfactorily completed and irrevocable
commitments made prior to such termination.
This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee 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.
The Grantee 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 Grantee shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes.
10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment D, Special Audit Requirements, attached hereto
and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding
sources supporting the Agreement for purposes of assisting the Grantee in complying with the
requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for
each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a
revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and
Review Manager at 850/245 -2361 to request a copy of the updated information.
B. The Grantee 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 Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A -133, Subpart B, Section — .210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
the Grantee 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: / /api)s.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to
Single Audit Act Reporting, Attachment E, attached hereto and made a part hereof, within four
(4) months following the end of the Grantee's fiscal year. Attachment B 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.
11. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant 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 Grantee shall submit a copy of the executed subcontract to the
Department within ten (10) days after execution. The Grantee agrees to be responsible for the
fulfillment of all work elements included in any subcontract and agrees to be responsible for the
payment of all monies due under any subcontract. It is understood and agreed by the Grantee that
DEP Agreement No. 50539, Page 3 of 7
Packet Page -334-
5/8/2012 Item 16.A.6.
the Department shall not be liable to any subcontractor for any expenses or liabilities incurred
under the subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection 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.
12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
13. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement
includes compliance with all applicable federal, state and local health and safety rules and regulations. The
Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement.
14. 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 Grant Managers at the addresses
below.
15. The Department's Grant Manager for technical matters under this Agreement is identified below.
Jennifer Nelson
Florida Department of Environmental Protection
South District Office
Post Office Box 2549
Fort Myers, Florida 33902 -2549
Telephone No.:
(239) 344 -5600
Fax No.:
(850) 412 -0590
E -mail Address:
Jennifer.nelson a de .state.fl.us
The Department's Grant Manager for administrative matters under this Agreement is identified below.
Gordon Romeis
Florida Department of Environmental Protection
South District Office
Post Office Box 2549
Fort Myers, Florida 33902 -2549
Telephone No.:
(239) 344 -5600
Fax No.:
(850) 412 -0590
E -mail Address:
Gordon.romeisade .state.fl.us
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0539, Page 4 of 7 Packet Page -335-
5/8/2012 Item 16.A.6.
16. The Grantee's Grant Manager for this Agreement is identified below.
Jerry Kurtz, P.E.
Collier County Growth Management Division
Collier County Transportation
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone No.:
(239) 252 -5860
Fax No.:
(239) 252 -6201
E -mail Address:
ierrvkurtz ,collier2ov.net
17. To the extent required by law, the Grantee 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 and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by the Grantee. Such self - insurance program or
insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of
employees engaged in hazardous work under this Agreement is not protected under Workers'
Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of his employees not otherwise protected.
18. The Grantee warrants and represents that it is self - funded for liability insurance, appropriate and allowable
under Florida law, and that such self- insurance offers protection applicable to the Grantee's officers,
employees, servants and agents while acting within the scope of their employment with the Grantee.
19. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
20. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Project Agreement.
21. The Department may at any time, by written order designated to be a change order, make any change in the
Grant 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 Grantee's cost or time, shall require formal amendment to this
Agreement.
22. 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 may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management Services, Office of Supplier Diversity, at 850/487 -0915.
23. Land acquisition is not authorized under the terms of this Agreement.
DEP Agreement No. S0539, Page 5 of 7 Packet Page -336-
5/8/2012 Item 16.A.6.
24. 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.
25. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shalLoilly 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. S0539, Page 6 of 7 Packet Page -337-
5/8/2012 Item 16.A.6.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
By: P1
Title: Fred W. Coyle, Chairman*
Date: 1101 t
Attest: -
L%
as to form anc gal sufficiency:
Teach, Deputy County Attorney
FEID No.:59- 6000558
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secr tary o designee
Date: 40C-VS`
a
Jefiiifer Nel n, DEP^ Grant Manager
l � J
Gordon Romeis, DEP Grant Manager
DEP Contracts Administrator
Approved as to form and legality:
'A .
DEP Attdmey
*For Agreements with governmental boards /commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
Grantee 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 (4 Pages)
Attachment B Payment Request Summary Form (2 Pages)
Attachment C Progress Report Form (2 Pages)
Attachment D Special Audit Requirements (5 Pages)
Attachment E Certification of Applicability to Single Audit Act Reporting (3 Pages)
DEP Agreement No. S0539, Page 7 of 7 Packet Page -338-
5/8/2012 Item 16.A.6.
ATTACHMENT A
GRANT WORK PLAN
Proiect Title:
North Golden Gate Estates (NGGE) Flowway Restoration Project
Proiect Location:
An area in North Golden Gate Estates, covering approximately 34 square miles, encompassing all or part of Sections
29 -31, Township 47 South, Range 28 East; Sections 4 -9, 17, 19, 20, 29 -32, Township 48 South, Range 28 East;
Section 36, Township 48 South, Range 27 East; Sections 6, 7, 18, Township 49 South Range 28 East; Sections 1,
11--27, 33 -36, Township 49 South, Range 27 East, Collier County, Florida.
The Hydrologic Unit Code is 03090204.
Proiect Background:
Historically, the area that is now North Golden Gate Estates (NGGE) consisted of a mosaic of wetland and upland
habitats, including upland pine and hammock communities interspersed with cypress and hardwood forests and
herbaceous marshes and wet prairies. During the wet season, water flowed across the landscape in a generally
south - southwesterly direction, eventually making its way into areas of Picayune Strand, Belle Meade, and
Henderson Creek. The development of NGGE was completed in the late 1960's as part of what was to be the largest
subdivision in the world. Large drainage canals were constructed and a network of roads was built. The canals
successfully drained much of the surface water and shallow groundwater in the area, making the land available for
human settlement. Many of the wetlands near the canals have transitioned to disturbed upland communities, and
the hydroperiods of remaining wetlands have been severely altered by the drainage from the canals as well as roads
that have created impediments to sheetflow.
The project area includes land that currently drains into the Golden Gate Canal which flows to the west and
eventually into Naples Bay; and the Miller and Faka Union canals which flow south to the Ten Thousand Islands
estuary through the Picayune Strand State Forest. The flow from the Golden Gate Canal into the Naples Bay
through the Gordon River causes rapid and severe fluctuations in salinity, which continues to cause significant harm
to the Bay. The Miller and Faka Union canals extend into the Picayune Strand Restoration Project, which will be
plugging these canals south of NGGE to restore overland sheetflow and wetland habitat. Presently there is no
effective stormwater management/treatment system within NGGE. Stormwater runoff is conveyed by inconsistent
roadside swales and driveway culverts to the three primary canals. The conveyance capacity of the Miller, Faka
Union and Golden Gate canals are limited to less than 10 -year peak flow rates. Localized flooding occurs in many
areas as a result of high rainfall events. Some of the deepest wetlands within NGGE have remained undeveloped,
namely Winchester Head and Horsepen Strand, although their hydrologic functions have been altered.
The project area also contains two important public water supply wellfields (Collier County Utilities and City of
Naples Water Utility) which are recharged by surface water. Proper management of surface water is critical in
sustaining the long -term drinking water yield from these two wellfields.
This SOW describes the Phase II component (NGGE Flowway Restoration Project) of a larger project that began
with Phase I ( Horsepen Strand Conservation Area Feasibility Study), which was completed in 2008. The HSCA
project was conducted by the Collier Soil and Water Conservation District with funding and cooperation from the
South Florida Water Management District (SFWMD) - Big Cypress Basin and the Department of Environmental
Protection. Phase I identified the remaining undeveloped wetland areas within NGGE with the most potential for
use in surface water detention and flow conveyance. The NGGE Flowway Restoration Project (Phase II) will be
geared toward developing solutions to the problems of stormwater management and degraded wetland function
identified above. Measures for utilizing some of the remaining wetlands identified in Phase I will be incorporated
into the restoration plan. See Project Description for details.
DEP Agreement No. S0539, Attachment A, Page I of 4
Packet Page -339-
5/8/2012 Item 16.A.6.
Project Obiectives:
Develop a preliminary water resources management plan to:
1. Reduce flows in Golden Gate Canal as much as feasible within this project's geographical area
2. Maximize the use of existing wetlands to retain and convey surface water while enhancing wetland habitat
connectivity and groundwater recharge as much as possible without impacting private lands
3. Improve the timing of freshwater flow delivery into the major water conveyance features as much as is
feasible and consistent with the goals of downstream natural systems, including Picayune Strand
Restoration Project
4. Develop preliminary engineering plans to meet the above objectives, including projects that will provide
localized flood reduction
Project Description:
The NGGE Flowway Restoration Project will build upon the work completed as part of Phase I Horsepen Strand
Conservation Area (HSCA) Feasibility Study. It will also build on the data and hydrologic - hydraulic analyses of
the NGGE watershed and canal system performed by the SFWMD Big Cypress Basin, and the recently completed
database, analyses and recommendations developed by Collier County as part of the County's Watershed
Management Plan. The following paragraphs elaborate on the project objectives listed above.
This project is built on the primary objective of reducing water flowing in Golden Gate Canal. Golden Gate Canal
drains a large area of NGGE that includes portions of the 34 sections included in the project area as well as
additional land. The canal conveys this water to the Gordon River, which discharges into Naples Bay. It is
recognized that Naples Bay receives excess freshwater flows as well as the pollutants that travel with those flows
during the wet season. Decreasing the stormwater runoff generated within the lands of this project, and redirecting
it to natural areas where some of the water historically flowed (e.g., Belle Meade) will benefit both Naples Bay and
the natural areas receiving the flows.
This project will develop a set of alternatives for redirecting surface waters that may currently run directly into a
canal or be impounded by a road to large remaining wetland systems within NGGE. Holding this water on the
landscape rather than conveying it directly to a drainage feature has many benefits including rehydration of
wetlands, aquifer recharge and aquatic habitat re- connection. Another benefit is the increased ability to manage the
water and send it where and when is appropriate rather than it draining immediately to a canal, thereby reducing the
ability to manage it. The water retention capacity that is practical within the available wetland areas will be defined,
taking into account the constraint of private lands in the area and the required level of flood protection.
This project will review the geo- spatial and temporal database of the HSCA phase I study and perform any
enhancement needed to conduct hydrologic - hydraulic modeling and environmental evaluation of the existing
stormwater conveyance, retention and hydroperiod functions of the study area. This evaluation will identify the
locations and capacities of conveyance and storage features that are proposed to meet the objectives, as well as
practical. The FLUCCS designations made in Phase I will be updated with any additional information available
along with limited ground- truthing. The performance of each alternative in achieving the desired range of water
depths and hydroperiods in wetlands will be evaluated. Based on the relative benefits on the level of service for
enhancement for flood protection and improvement on the functionality of wetlands with the least cost for
implementation, a recommended plan will be developed to the level needed for conceptual permitting.
This project will quantify the changes in flow, water levels and timing in Miller Canal, Faka Union Canal, Golden
Gate Canal, and North Belle Meade. Redirecting flows from Golden Gate Canal into North Belle Meade will
provide environmental benefit for Naples Bay and North Belle Meade. Redirecting flows from the Golden Gate
Canal to Miller Canal and eventual diversion to Belle Meade as distributed flows will provide environmental
benefits to Naples Bay. The project will also quantify the changes in groundwater levels and volumes to be derived
from storage of diverted water on the landscape, which will contribute toward enhancing the dry season base flows
of the canals and recharge to the neighboring public water supply wellfields.
This project will enhance surface water management for flood protection by redirecting flows from areas of
localized flooding to surface water storage areas prior to discharge to canals. The project will provide preliminary
DEP Agreement No. S0539, Attachment A, Page 2 of 4
Packet Page -340-
5/8/2012 Item 16.A.6.
engineering design for features that will enhance the flood protection level of service in NGGE while also enhancing
groundwater recharge.
Preliminary engineering design for all of the recommended plan elements will be performed, and an implementation
plan will be outlined.
Project Milestones/Deliverables /Outputs:
Task 1: Enhance database developed in Phase I
• Develop new digital elevation model (DEM) based on the updated 2008 LIDAR data. Incorporate land use
information utilized in Phase I with the newly developed DEM to determine the extent of wetlands. Update
delineation of basins and sub - basins accordingly.
• Review the delineations of wetlands performed in the Phase I study to identify possible changes revealed by the
new DEM.
• Determine level of wetland function based on limited ground- truthing and all available surface and groundwater
hydrologic data.
Completion Date: January 2012
Deliverable: Technical memorandum summarizing the enhanced database
Task 2: Develop a surface and groundwater integrated model for the study area (34 sections) at a grid -scale
of approximately 500 feet utilizing the input data and boundary conditions of the Collier County Watershed
Management Plan Model (CCWMP)
• Clip the CCWMP and its database for the study area of this project, and adjust the boundary conditions for
adequate representation of hydrologic - hydraulic characteristics of the new model area.
• Review the hydraulic data of canals, water control structures and cross - drainage features from the phase I study
and evaluate if they were included into the CCWMP clipped for this study area. Incorporate any missing
feature to enhance the database of the higher resolution model.
• Perform calibration and verification of the model, preferably for the same periods utilized for CCWMP.
• Perform simulation of the model for 10 -, 25- and 100 -year (72 hour duration) design storms, similar to
CCWMP
• Assess existing hydraulic conveyance capacity of the canals and conveyance structures under the above design
storms. Generate water surface profiles and map the areas of inundation within the project.
Completion Date: July 2012
Deliverable: Technical report summarizing the activities of Task 2 - model development and assessment of existing
conditions
Task 3: Development of Alternatives and Recommended Plan
• Develop alternative water management strategies to meet the project objectives. Apply the model developed in
Task 2 to simulate the hydrologic- hydraulic performance of the alternatives.
• Evaluate the performance of the alternatives in meeting the project objectives. Screen the alternatives on the
basis of cost - effectiveness and environmental and social benefits. Formulate a recommended plan of the most
cost effective, socially and environmentally implementable plan.
• Perform preliminary engineering and analysis of the structural components included in the recommended plan
including preliminary cost estimates.
• Develop an implementation strategy of the project recommending funding and participating agency
responsibilities.
Completion Date: December 2012
Deliverable: Technical report summarizing the activities of Task 3
Task 4: Final Project Report
Completion Date: December 2012
Deliverables: Final project report compiling and summarizing the activities and technical report findings of Tasks 1,
2 and 3. Submission of printed and CD copies of the final report to Collier County, SFWMD, and DEP (5 copies
each, total of 15 hard copies and 15 CD copies). In addition, all data acquired and developed as apart of the project,
as well as the model, model inputs and model outputs should be submitted electronically to the parties listed.
DEP Agreement No. 50539, Attachment A, Page 3 of 4
Packet Page -341-
5/8/2012 Item 16.A.6.
Task
DEP Funding
Collier County
1
Task 1
$0
$20,000
2
Task 2
$25,000
$55,000
3
Task 3
$40,000
$0
4
Task 4
$10,000
$0
Total:
$75,000.00
$75,000.00*
Project Total:
$150,000.00
NOTE: ALL FUNDS EXPENDED UNDER THIS AGREEMENT WILL BE CONTRACTUAL SERVICES TO
HIRE A CONSULTANT.
*Match is being provided to Collier County from South Florida Water Management District under Contract 4600002213.
The Grantee understands that if this match contract is terminated and the Grantee fails to provide the required match to
complete the work under this Agreement, the Department will terminate this Agreement.
Measures of Success:
The NGGE Flowway Restoration Project will address long - standing water resource issues that affect not only the
human populations and natural areas of NGGE, but also those of downstream systems and communities. This
project will be designed to maximize benefits to natural systems, including hydrologic and habitat enhancement and
connectivity within NGGE, hydrologic benefits to downstream natural systems and waterbodies, and provide
increased flood protection for residents.
Specifically, the project will be designed to:
• Reduce the volume of harmful flows to Naples Bay via the Golden Gate Canal
• Improve the hydroperiods of wetlands within NGGE, and increase aquifer recharge
• Improve the delivery of water to downstream natural systems
• Improve of the level of service for flood protection beyond current level of service
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 50539, Attachment A, Page 4 of 4
Packet Page -342-
Grantee:
Mailing Address:
DEP Agreement No.:
Date Of Request: _
Task/Deliverable Amount
Requested:$
5/8/2012 Item 16.A.6.
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Grantee's Grant Manager:
Payment Request No.:
Performance
Period:
Task/Deliverable
No..
GRANT EXPENDITURES SUMMARY SECTION
(Effective Date of Grant throueh End -of -Grant Periodl
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENTS
MATCHING
FUNDS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries
$N /A
$N /A
$N /A
$N /A
Fringe Benefits
$N /A
$N /A
$N /A
$N /A
Travel (if authorized)
$N /A
$N /A
$N /A
$N /A
Subcontracting:
Contractual Services
$
$
$
$
Design
$N /A
$N /A
$N /A
$N /A
Construction
$N /A
$N /A
$N /A
$N /A
Equipment Purchases
$N /A
$N /A
$N /A
$N /A
Supplies /Other Expenses
$N /A
$N /A
$N /A
$N /A
Land
$N /A
$N /A
$N /A
$N /A
Indirect
$N /A
$N /A
$N /A
$N /A
TOTAL AMOUNT
$
$
$
$
TOTAL TASK BUDGET AMOUNT
$
$
Less Total Cumulative Payments of:
$
$
TOTAL REMAINING IN TASK
$
$
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was Tor items that were chareed to and utilized
Grantee's Grant Manager's Signature
Print Name
Telephone Number
for the above cited grant activities.
Grantee's Fiscal Agent
Print Name
Telephone Number
DEP 55 -223 (07/10)
DEP Agreement No. S0539, Attachment B, Page 1 of : Packet Page -343-
5/8/2012 Item 16.A.6.
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent,
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
TASK AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK BUDGETAMOUNT" line for the
"AMOUNT OF THIS REQUEST" column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period.
TASK NO.: Enter the number of the task that you are requesting payment for.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out for this task/deliverable during the
invoice period for which you are requesting reimbursement. This must agree with the budget category as in the currently
approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that
does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative
section of the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the
task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous
payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL CUMULATIVE
PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN
TASK" line.
"TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been claimed to date for
reimbursement by budget category. The final report should show the total of all payments; first through the final payment
(this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter
the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period for the task you are
reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work
Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL
TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match
claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN TASK" line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the
total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel
reimbursement form approved by the Department of Financial Services, Chief Financial Officer.
DEP 55 -223 (07 /10)
DEP Agreement No. 50539, Attachment B, Page 2 of: Packet Page -344-
5/8/2012 Item 16.A.6.
ATTACHMENT C
PROGRESS REPORT FORM
DEP Agreement No.:
50539
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Quarterly Reporting Period:
Project Number and Title:
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
Provide an update on the estimated time for completion of the project and an explanation
for any anticipated delays.
Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
DEP Agreement No. S0539, Attachment C, P; Packet Page -345-
5/8/2012 Item 16.A.6.
(continued from page 1)
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., report data sets, links to on -line photographs, etc.)
Provide a project budget update, comparing the project budget to actual costs to date.
Expenditures
Prior to this Expenditures
Budget Total Project Reporting this Reporting Project Funding
Category Budget Period Period Balance
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
S0539 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
DEP Agreement No. S0539, Attachment C, P packet Page -346-
Date
5/8/2012 Item 16.A.6.
ATTACHMENT D
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.
/.1IWO
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.
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.
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).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httn:/ /12.46.245.173 /efda /cfda.html.
DEP 55 -215 (03/09)
DEP Agreement No. 50539, Attachment D, Page 1 of 5
Packet Page -347-
5/8/2012 Item 16.A.6.
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.
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.
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:Happs.tldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at hM: / /www.lea .state.fl.us /Welcome /index.cfm, State of Florida's website at
hM: / /www.nivflorida.com/, Department of Financial Services' Website at http : / /www.fldfs.com/ and the
Auditor General's Website at htty: / /www.state.fl.as /audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specie 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 far funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A -133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55 -215 (03/09)
DEP Agreement No. S0539, Attachment D, Page 2 of 5
Packet Page -348-
5/8/2012 Item 16.A.6.
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.eov /fac/
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
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 55 -215 (03109)
DEP Agreement No. S0539, Attachment D, Page 3 of 5
Packet Page -349-
5/8/2012 Item 16.A.6.
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
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.
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 55 -215 (03/09)
DEP Agreement No. 50539, Attachment D, Page 4 of 5
Packet Page -350-
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5/8/2012 Item 16.A.6.
ATTACHMENT E
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee Fiscal Year Period: FROM: TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
01
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct.
Signature
Print Name and Position Title
DEP Agreement No. S0539, Attachment E, Page 1 of 3
Packet Page -352-
Date
5/8/2012 Item 16.A.6.
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee'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 Grantee'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. S0539, Attachment E, Page 2 of 3
Packet Page -353-
5/8/2012 Item 16.A.6.
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
2nd notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie. skeltonadep. state.fl.us
DEP Agreement No. S0539, Attachment E, Page 3 of 3
Packet Page -354-