Agenda 11/18/2008 Item #16D 7
Page I of I
Agenda Item No. 16D7
November 18, 2008
Page 1 of 35
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1607
Meeting Date:
Recommend approval by the Board of County Commissioners of Amendment No.3 to the
attached FDEP Cost Share Contract 05eQ'! for the construction and monitoring of the City of
Naples/Collier County Beach Renourishment Project No. 905271.
11/18/2008 9:00:00 AM
Approved By
Gary McAlpin
Costal Project Manager
Date
Public Services
Coastal Zone Management
10/23/2008 11 :27 AM
Approved By
Colleen Greene
Assistant County Attarner
Date
County Attorney
County Attorney Office
10/23/2008 4:38 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
10/24/20089:32 AM
Approved By
.,.'-.
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10129/2008 4:03 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
11/3/20088:18 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
11/3/200811:22 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/4/200811 :36 AM
file://C:\AgendaTest\Export\ I 16-November%20J 8,%202008\16.%20CONSENT%20AGE... 11112/2008
Agenda Item No. 1607
November 18, 2008
Page 2 of 35
AMENDMENT No: 3
DEP AGREEMENT No: 05COl
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
AMENDMENT TO GRANT AGREEMENT FOR
COLLIER COUNTY BEACH NOURISHMENT
THIS AGREEMENT entered into on the 29th day of November, 2005, and amended on the 12'" day of
May, 2006, and on the 27th day of August, 2007, between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the COLLIER
COUNTY, a local government. (hereinafter referred to as the "LOCAL SPONSOR"), is hereby amended as
follows:
. Paragraphs I - 41 are hereby revised to read as follows:
1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control
project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred to as the
PROJECT), as defIned in Attachment A-3 (Project Work Plan), attached hereto and made a part hereof,
and 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 October 31, 2009. Pursuant to Section
161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its
subcontractor beginning on or after November 29, 2005, may be eligible for cost sharing by the
DEPARTMENT.
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 ohligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature and subject to the release of funds appropriated to the
DEPARTMENT.
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 the restoration and maintenance of three segments
along 10.2 miles of Gulf shoreline in Collicr County. Thc scgments consist of the following
components: Vanderbilt Beach between DNR reference monuments R22-R37; Park Shore between
DNR reference monuments R43-R54; and Naples between DNR reference monuments R58-R79.
Approximately 1.8 miles of the project shoreline has lIot been designated critically eroded by the
Department and therefore is not eligible for state funding. 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 Agreem.ent for additional funding. The parties expressly agree that the provisions of
this paragraph shall survive and be enforceable beyond the expiration date ofthis Agreement.
DEP Agreement No. 05COI, Amendment No.3, Page 1 of 10
Agenda Item No. 1607
November 18. 2008
Page 3 of 35
7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as
specified in Table I below. It i. understood and agreed that the detailed Scope of Work shall include a
narrative description of each task, a corresponding detailed budget and a project schedule. Written
authorization to initiate the scope of work for each task must be obtained from the DEPARTMENT
prior to the initiation of said task. The DEPARTMENT may require at least ten percent (10%) of the
total cost share for a .pecified task be forfeited for failure to obtain prior written authorization from the
DEPARTMENT for a specific task.
8. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are
identified in Table I below:
TABLE 1
Ta.!lkl# Eligible PROJECT Item, Estimated Project Cosu
Federal DEP Local Total
2.0 De,;".
2_1 Artificial Reef Desi2n $0 $8,486 $ I 7.835 $26.321
2.2 Offshore Sand Search $0 $39.534 $83.090 $122.624
Dnil!D Subtotal $0 $48.020 $100.925 5148.945
3.0 Construction
3.1 2006 Nourishment $0 $4.570.802 $8.635,791 $13.206.593
3.2 Construction Management $0 $46.749 $88.325 Si35.074
3.3 Mitigation $0 $194,151 $655,849 $850.000
3.4 Additional Turtle Trawls $0 547.243 $89.257 Si36,500
Construction Subtotal $0 $4.858 945 $9 469,222 $14,328,467
4.0 MonitorinlZ
4.1 Phvsical & ~earshore Hiolo~ical $0 $305.198 $641,445 $946,643
4.2 Shorebird $0 51UI9 $23.579 $34.798
4.3 TiIli.~ $0 .$II,7R4 $24.766 $36.550
H Post Construction Phvsical Monitorine $0 528,992 $60.934 $89.926
One Yr. (2007) Post Con~. Physical
4.5 Monitorinll $0 547.462 $99.753 SI47,215
One Yr. (2007) Post Const. Biological
4.6 Monitoring; $0 $112.788 S237.051 $349.839
Yr. 2 & 3 Post-Construction Phys. & Bio.
4.7 Monitoring (2008 and 2009) $0 $386.252 $812,374 SI,19R,899
Monitoriol! Subtotal $0 $903,968 SI,899.902 S2,794,854
TOTAL PROJECT COSTS $0 $5,810,933 Sl1.461.033 $t7,271,966
9. The DEPARTMENT's fmancial obligation shall not exceed the sum of$5,810,933 for this PROJECT.
Further, the DEPARTMENT's share of the non-federal PROJECT cost, if applicable, for the specific
eligible PROJECT items li.ted above shall not exceed tbe following: Tasks 2.1, 2.2, 4.1, 4.2, 4.3, 4.4,
4.5,4.6. and 4.7 shall be cost shared at 32.24%: Task 3.1, 3.2, and 3.4 shall be cost shared at 34.61%;
and Task 3.3 shall be co.t shared at 22.84%. To the extent applicable, it is understood and agreed that
for portion. of tbe PROJECT whieh 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COI, Amendment No.3, Page 2 of 10
Agenda Item No. 1607
November 18, 2008
Page 4 of 35
10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the
PROJECT that are not shown in Table I are the responsibility of the LOCAL SPONSOR and are not a
part of this Agreement. The LOCAL SPONSOR aSJ"ees that any costs for the specific eligible project
items that exceed the estimated project costs for that item shall be the responsibility of the LOCAL
SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through
formal amendment to this Agreement.
II. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT.
12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as
identified in Attachment B-3 (Funding Eligibility), attached hereto and incorporated herein by reference,
for beach use throughout the life of the PROJECT as established under 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 where maintenance is discontinued. All
parking must be clearly signed or otherwise designated as public beach access parking.
13. In accordance with Section 216.181(16)(b), Florida Statutes, the DEPARTMENT, upon written request
from the LOCAL SPONSOR, including justification for said request, and written approval from the
State Chief Financial Officer, may provide an advance payment to the LOCAL SPONSOR. In addition
to the written request for advance payment, the LOCAL SPONSOR shall also complete and submit the
applicable portions of Attachment C-3 (Advance Payment Justification Form), attached hereto and made
a part hereof. Consideration for advance payment is at the discretion of the DEPARTMENT. and shall
be limited to eligible project construction costs identified in Table I. The LOCAL SPONSOR's
expenditures shall draw proportionally upon both the LOCAL SPONSOR's funds and the
DEPARTMENT's advanced funds in accordance with the cost share ratios established pursuant to this
Agreement.
If advance payment is authorized. the LOCAL SPONSOR shall temporarily invest the advanced funds
in an interest bearing account. The LOCAL SPONSOR shall be responsible to the DEPARTMENT for
a quarterly accounting of such funds on the dates identified in paragraph fourteen (14). Interest income
shall be documented by the LOCAL SPONSOR's submission of a current statement of account from the
financial institution or agent where such funds are invested. Interest income shall be returned to the
DEPARTMENT, within thirty (30) days following each quarter as set forth under this Agreement.
Attachment D-3 (Advance Payment - Interest Earned Memorandum), attached hereto and made a part
hereof, is provided as a sample of the document generated internally each calendar quarter by the
DEPARTMENT's Bureau of Finance and Accounting for agreements that authorized an advance
payment. The DEPARTMENT's Grant Program Administrator shall forward such memorandum to the
LOCAL SPONSOR's Project Manager, who shaU be responsible for completion of the applicable
interest statement details and submission to the DEPARTMENT each quarter. This responsibility shall
continue as long as advanced funds remain with the LOCAL SPONSOR, or until construction is
completed and a final accounting on the advanced funds is completed and the unused funds and interest
due the DEPAR1MENT are returned to the DEPARTMENT. Unused funds, and interest accrued on
any unused portion of advanced funds which have not been remitted to the DEPARTMENT, shall be
returned to the DEPARTMENT within sixty (60) days of the completion of the construction portion of
this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL
SPONSORS will be due sixty (60) days after the Federal fmal accounting has been completed.
The parties hereto acknowledge that the State Chief Financial Officer may identity additional
requirements that must be met in order for advance payment to be authorized, If additional
req~irements are imposed by the State Chief Financial Officer, the LOCAL SPONSOR shall be notified,
in writing, by the DEP AR TMENT' s Grant Program Administrator regarding the additional
DEP Agreement No. 05COI, Amendment No.3, Page 3 of 10
Agenda Item No. 1607
November 18, 2008
Page 5 of 35
requirements. Prior to releasing any funds, the LOCAL SPONSOR shall be required to providc a
written acknowledgement to the DEPARTMENT's Grant Program Administrator of the LOCAL
SPONSOR's acceptance of the terms imposed by the State Chief Financial Officer for release of funds.
14. In consideration for the satisfactory completion of the eligible work, identified in Attachment A-3 and
approved by the DEPARTMENT, performed by the LOCAL SPONSOR under the terms of this
Agreement, the DEPARTMENT agrees to compcnsate the LOCAL SPONSOR on a cost reimbursement
basis for services rendered. All requests for reimbursement shall be made in accordance with
Attachment E-3 (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 hltD://www.f1dfs.com/aadir/reference%5Fr.mide. The LOCAL SPONSOR shaH submit
a request for reimbursement of funds on the forms provided as Attachment F-3 (Request For Payment,
PARTS I - III), attached hcreto and madc a part hcreof. Thcsc forms may be submitted on a quarterly
basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30,
and December 31; tbe request sball be submitted no later than thirty (30) days following the completion
date of the quarterly reporting period of each year in which the project is underway. 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 requests for
tbe 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 pcrmits, and variances, including those required
pursuant to Chapters 161,253,258 and 373, Florida Statutes. have been obtained. In such cases where
no reimbursement is sought for a given quarter, all applicable portions of Part II! of Attachment F-3,
Project Progress Report must be completed and submitted.
15. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt
of each billing to determine that the work has been accomplished in accordance with the terms and
conditions of this Agreement prior to approving the billing for payment. It is understood and agreed
that any request for reimbursement that requires the DEPARTMENT to request additional information
of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review pcriod and the clock will
not resume until such information is received as requested by the DEPARTMENT. Upon approval of
the payment request, 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
scope of work shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that
the LOCAL SPONSOR has complied with all the terms and cond itions of the Agreement, all applicable
UEP permits and the applicable scope of work lot said item. The DEPARTMENT will periodically
request proof of a transaction (invoice. payroll register, etc.) to evaluate the appropriateness of costs to
this Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as
appropriate. When requested, the LOCAL SPONSOR must provide the information described in this
paragraph within thirty (30) days of such request. If applicable, the LOCAL SPONSOR may also be
required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead,
indirect, general administrative costs, and fringe benefits). All bills for amounts due under tbis
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
16. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's
Project Manager on a quarterly basis, Attachment F-3, Part III. Project Progress Report. as updates to a
project schedule, no later than thi,ty (30) days following the completion date of the quarterly reporting
period identified in paragraph fourteen (14). Schedules 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.
DEP Agreement No. 05CO 1, Amendment No.3, Page 4 of 10
Agenda Item No. 16D7
November 18, 2008
Page 6 of 35
17. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a
certification of completion, attached hereto as Attachment G-3 (Project Completion Certification). A
final project certification inspection shall be made by the DEPARTMENT within sixty (60) days after
the PROJECT is certified complete by the LOCAL SPONSOR.
18. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitIve acquisition
of both materials and services as rcquired by Chapter 287. and Chapter 16LlOI(17), Florida Statutes,
which are expressly made a part of this Agreement and incorporated herein by reference as if fully set
forth.
19. The applicable provisions of Chapter 161, Florida Slatutes, entitled "Beacb and Shore Preservation",
and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated
herein by reference as if fully set forth.
20. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin, Phone: 239/252-5342. Tbe
DEPARTMENT's Project Manager for all technical matters is Vince George, Pbone: 850/413-7783 and
the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena
VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the
appropriate persons for action or disposition.
21. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein sball constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
22. 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. 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.
23. Any and all notices shall be delivered to the parties at the following addresses:
LOCAL SPONSOR
DEPARTMENT
Gary McAlpin
Collier County
3300 Santa Barbara Blvd.
Naples, Florida 34116
(239) 252-5342
Dena VanLandingham, Grants 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
24. 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 I t9.07(1), Florida Statutes.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05C01, Amendment No.3, Page 5 of 10
Agenda Item No. 16D7
November 18, 2008
Page 7 of 35
25. 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 Agrecment 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.
26. A.
In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall
comply with the applicable provisions contained in Attachment H-3 (Special Audit
Requirements), attached hereto and made a part hereof. Exhihit 1 to Attachment H-3
summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL
SPONSOR in complying with the requirements of Attachment H.3. A revised copy of
Exhibit 1 must be provided to the LOCAL SPONSOR for each amcndment 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) idel1tified in Attachment H-3, Exhibit 1 when making its determination. For
federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under
OMB Cireular 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://aoos.fldfs,com/fsaa
The LOCAL SPONSOR should confer with its chief financial officer, or audit director or
contact the DEPARTMENT for assistance with questions pertaining to the applicability of these
requirements.
27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from
using funds provided by this Agreement for the purposes of lobbying the Legislature. thejudicial branch
or a state agency.
28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that
would conflict in any manner or degree with the performance of services required.
29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible. each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law. If any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action hereon Or in connection herewith shall be brought in Leon
County, Florida.
30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement, shall impair any such right, power or remedy of either
party. Nor shall such delay or failure bc construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
DEP Agreement No. 05COI, Amendment No. 3, Page 6 of 10
Agenda Item No. 1607
November 18, 2008
Page 8 of 35
31. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees
connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection afforded by the
LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department. for the protection of its employees not otherwise protected.
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 "Tillen agreement of the parties hereto.
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.
c.
The DEPARTMENT supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement cmbrace 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 contracting the Office of Supplier Diversity at (850) 487 -0915.
35. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the DEPAR1MENT's Project Manager. 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 DEPAR1MENT shall not
be liable to any subcentractor 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.
36. When applicable, the LOCAL SPONSOR shall also notil)- the DEPARTMENT's Project Manager of
the selection of an intended subcontractor and provide a tabulation list from which the intended
subcontractor was selected. 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.
DEP Agreement No. 05COI, Amendment No. 3,Page 7 of 10
Agenda Item No. 16D7
November 18. 2008
Page 9 of 35
37. 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.
38. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the tenns
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 work within the general scope of this Agreement (e.g., specifications, task timeline within
current authorized Agreement period, method or manner of performance, requirements. etc.). All
change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change
order which causes an increase or decrease in the LOCAL SPONSOR's eost or time shall require an
appropriate adjustment and modification (fonnal amcndment) to this Agreement.
40. The LOCAL SPONSOR shall comply with all applicable federal. state and local rules and regulations in
providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR
acknowledges that this requirement includes compliance with all applicable federal, state and local
health and safety rules and regulatIons. The LOCAL SPONSOR further agrees to include this provision
in all subcontracts issued as a result of this Agreement.
4 L 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 tu minimize the delay, and
thc 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 perfonnance under this Agreement for a
period of time equal to the delay resulting from thc force majcurc. Such agreement shall be confinned
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, fltc, 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 withiu the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL
SPONSOR is responsible for the perfonnance of all services issued under this Agreement. Failure to
perfonn by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force
majeure event.
43. This Agreement represents the entire agreement of the parties. Any altcrations, 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 providcd herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COl, Amendment No. 3, Page 8 of 10
Agenda Item No. 16D7
November .18. 2008
Page 10 of 35
· All references to Attachment(s) A-2. B-2, C-2, 0-2, E-2, F-2, G-2, and H-2, respectively, are hereby
deleted and replaced with references to Attachment(s) A-3, B-3, C-3, 0-3, E-3. F-3, G-3, and H-3.
. Attachment(s) A-2, B-2, C-2, 0-2, E-2, F-2, G-2, and H-2 are hereby delcted in their entirety.
· Attachment(s) A-3, B-3, C-3, 0-3, E-3, F-3, G-3, and H-3 as attached hereto are hereby added to the
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. OSCOI. Amendment No.3. Page 9 of 10
Agenda Item No. 16D7
November 18, 2008
Page 11 of 35
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year
last written below.
COLLIER COUNTY
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:~R~
Secretary or eSlgnee
By:
Title: "Deputy County Manager
Date:
FEIO No.59-6000558
"'"
~ \\'t}
~--Grantee's Attorney
( jf necessary)
Date:
lD -D"~<Jt
~D" ...~t\..._ \ -J.~
Department of Environmental tection
Grant Program Administrator
APPROVED as to form and legality:
ental Protection
"If someone other than the Deputy County Manager 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
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Letter/
Number
A-J
B-J
C-J
D-J
E-J
F-J
G-J
H-3
Description (include number of pages)
Project Work Plan (4 pages)
Funding Eligibility (4 pages)
Advanced Payment Justification form (3 pages)
Advanced Payment - Interest Earned Memorandum Sample (1 page)
Contract Payment Requirements (1 page)
Request For Payment, Parts I - III (4 pages)
Project Completion Certification (1 page)
Special Audit Requirements (5 pages)
DEP Agreement No. 05COl, Amendment No.3, Page 10 of 10
Agenda Item No. 16D7
November 18, 2008
Page 12 of 35
ATfACHMENT A-3
PROJECT WORK PLAN
COLLIER COUNTY BEACH NOURISHMENT
The PROJECT consists of the restoration and maintenance of three segments along 10.2 miles of Gulf shoreline in
Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference
monuments R22-R37; Park Shore between DNR reference monuments R43-R54; and Naples between DNR reference
monuments RS8-R79. Appro"imately 1.8 miles of the project shoreline has not been designated critically eroded by the
Department and therefore is not eligible for state funding. The PROJECT shall be conducted in accordance with the terms
and conditions set forth under this Agreement, all applicable Department of Environmental Protection penn its and the
eligible project task items established below. All data collection and processing, and the resulting product deliverables,
shall comply with the standard technical specifications contained in the Department's Regional Data Collection and
Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work
(herein after referred to as SOW) for an eligible PROJECT item. These plans may be found at
htto:llwww.deD.state.fl.us/heaches/. Three (3) originals and one (I) electronic copy of all written reports developed under
this Agreement shall be forwarded to the Department, unless otherwise specified.
Task No: Eligible Project Item:
2.0 Design and Permitting
Such activities include work performed and costs incurred in advance of and in preparation for construction
activities. Eligible costs may include expenses for governmental and administrative permits, construction
design, and other tasks as encountered and approved.
2.1 Artificial Reef Design
This subtask is made up of funds from an outstanding balance of previous contract 01COl.
2.2 Offshore Sand Search
This is a Collier County offshore sand search conducted by Coastal Planning and Engineering (CPE) on
behalf of Collier County to support small scale emergency projects. Focus is on bathymetric highs defined in
previous investigations, from a bathymetry grid developed from NOAA GEODAS data, and summarized in
the Emergency Sand Source Evaluation Report (May 2007). The areas of potential sand deposits identified as
suitable for use in the Collier County beach Nourishment Project will be part of the ne"t phase of the
investigation. This subtask reflects a scope of work (SOW) approved in the fall of2007.
3.0 Construction
Work performed and costs incurred associated with the placement of fill material and/or the construction of
erosion control structures within the project area. Eligible costs may include mobilization, demobilization,
construction observation or inspection services, beach fill, tilling and scarp removal, erosion control
structures, dune stabilization measures and native beach-<iune vegetation. Construction shall be conducted in
accordance with any and all permits issued by the Department.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COl, Amendment No.3, Attachment A-3, Page I of 4
Agenda Item No. 16D7
November 18, 2008
Page 13 of 35
3.1 2006 Nourishment
This project includes three segments (Vanderbilt, Park Shore, and Naples) in Collier County. DEP contract
o I CO 1 provided state funding for the original restoration, which included only critically eroded areas of
shoreline. Collier County chose to expand the project and obtained a new penn it to include all three
segments. A new cost share was developed for each new expanded segment.
SelZffient
Vanderbilt
Park Shore
Naples
% Eligible
48.46%
33.16%
95.02%
State Share
24.23%
16.58%
47.51%
Initial cost estimates were above the County's budget, so the 2005 nourishment was reduced to meet the
budget; however the County plans to maintain the pennitted template in the future. Cost sharing for the total
pcrmitted project will be used for this nourishment event. One SOW approved August 2, 2005 for
construction was submitted by Great Lakes Dredge and Dock.
The project consists of three segments (Vanderbilt. Park Shore, and Naples). However, sand placement was
bid on multiple seetions. The sections do not correspond directly with critical and non-critical areas of
shoreline, but cost share could be detennined for each segment by combining sections. This was neeesslllY
because each section resulted in a different cost per cubic yard of material. Additionally, the volume of sand
that qualified for state reimbursement had to be reduced by the portion paid for by the FEMA.
Beach fill costs kseement (non-FEMA)
Vanderbilt R22.4 to R37 $2.444,238.41
Park Shore R43.7 to R54.4 $2,598,833.52
Naples R57.3 to R79 $5,597,036.50
Cost share eligibilitv bv segment Cm.!!t:Fl'MAj
Vanderbilt $2,444,238.41 X .2423 ~ $592,238.96
Park Shore $2,598,833.52 X .1658 = $430,886.60
Naples $5,597,036.50 X .4751 = $2,659,152.04
Construction costs that can not be attributed to a specific segment (mobilization, performance bond,
environmental monitoring, construction management, additional sea turtle trawling, and sea turtle monitoring)
will be cost shared based upon the ratio of the combined state funding share and total construction costs for
beach fill. This was determined as follows:
Sum of cost share eligibility/total beach fill costs ~
3,682,277.60/10,640,]08.43 = 0.3461 (34.6]%)
3.2 Construction Management
A subtask SOW submitted by CPE was approved November 30. 2005.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COI, Amendment No. 3, AttachmentA-3, Page 2 of 4
Agenda Item No. 16D7
November 18, 2008
Page 14 of 35
3.3 Mitigation Construction
Additional reimbursement costs are associated with the mitigation reef construction. The following
calculations are based on the DEP Biological Monitoring Plan approved April 20, 2005. Specifically
addressed is the coverage of 1.09 acres of hardbottom and the required mitigation. A project bid for the
mitigation work was presented by Center Contracting Corpomtion (approved April 9, 2007), for a total cost of
$850,000, All three segments; Vanderbilt, Park Shore and Naples; were used to determine cost share
eligibility for reimbursement of required mitigation.
Se!!lllent % of total mitil!ation acreaee
Vanderbilt 21.24%
Park Shore 63.77%
Naples 14.99%
State Share
Vanderbilt
Park Shore
Naples
24.23%
16.58%
47.51%
Cost share elil!ibilitv bv selZIDent
Vanderbilt $850,000 X .2124 X .2423 = $43,745
Park Shore $850,000 X .6377 X .1658 = $89,871
Naples $850,000 X .1499 X .4751 = $60,535
Other mitigation construction costs, if any, will be cost shared based upon the ratio of the combined state
reimbursement costs and total mitigation reef construction costs. This was determined as follows:
Sum of cost share eligibility/total mitigation costs = 194,151/850,000 = 0.2284 (22.84%)
3.4 Additional Turtle Trawls
A subtask SOW submitted by Great Lakes Dredge and Dock was approved March 21,2006.
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 which will coordinate the monitoring activities associated with current shoreline stabilization projects
located within or adjacent to the project area and with the Department's Regional Coastal Monitoring
Program.
Monitoring requirements are consistent between segments. Unlike construction where unit costs vary
between segments, monitoring unit costs are consistent. Monitoring for the nourishment shall be cost shared
at the ratio of eligible shoreline length to total permitted shoreline length. This was determined as follows:
Seement % Elieib!e
Vandcrbilt 48.46%
Park Shore 33.16%
Naples 95.02%
Stale Share
24.23%
J6.58%
47.51%
Overall:
64.4 8%
32.24%
The SOW approved June 28, 2005 for biological monitoring covers pre and post construction services
provided by CPE. The SOW approved July 5, 2005 for pre-construction physical monitoring was provided by
CPE. The shorebird monitoring SOW provided by Conservancy ofSW FL was approved November J4, 2005.
The SOW approved March 2 J, 2006 authorizes Lightner Contmcting to provide tilling services. The post
construction physical monitoring SOW by CPE was approved November 30, 2005. A SOW approval for
DEP Agreement No. 05COl, Amendment No. 3, AttachmentA-3, Page 3 of4
Agenda Item No. 1607
November 18, 2008
Page 15 of 35
One Year (2007) Post Construction Physical Monitoring has been issued to CPE, effective July 18,2007. A
SOW approval has been issued to CPE for One Year (2007) Post Construction Biological Monitoring,
effective June 27,2007.
4.7 Yr. 2 & 3 Post-Construction Pbys. & Bio. Monitoring (2008 and 2(09)
Funds will be used for required physical and biological monitoring activities for the 2nd (2008) and 3'" (2009)
post-construction years of the project. For 2008 the required biological and physical monitoring, as well as
mitigation reef monitoring scopes of work (SOWs) were submitted by ePE for review and approval.
Biological monitoring was approved on July 31,2008. Mitigation reef monitoring also was approved on July
31, 2[)08. An initial SOW for physical monitoring and side scan survey services was reduced in price after
reductions for ineligible lengths of shoreline. It was approved on August 8. 2008.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COl, Amendment No.3, Attachment A-3. Page 4 of 4
Agenda Item No. 16D7
November 18, 2008
Page 16 of 35
ATTACHMENT B-3
FUNDING ELIGIBILITY
COLLIER COUNTY BEACH NOURISHMENT PROJECT
Vanderbilt Beach Selmlent
Project Boundary: 350' south ofR22 to R37
Approximate Shoreline Length: 14,920'
Public Access
Delnor-Wiggins State Recreation Area*
Vanderbilt Beach Road*
On-site
Spaces
340
149
Adjacent
Spaces
o
18
Total
Snaces
340
167
Qu,lifvine: Hotels
La Playa
Oualifvine: Shoreline
360'
Area determined to be publiclv accessible
350' south of R22 to 150' north ofT25
30' south ofR26 to 540' north ofR31
Total Lenl!:tb
2,640'
4,590'
Area determined to be criticallv eroded
R22.3 - R30.5
Total eligible shoreline length: 7.230'
Total project shoreline length: 14,920'
Percent eligible for State funding: 48.46%
State eligibility incorporates the total project length (critical and non-critical) and eligibility only recognizes publicly accessible
critically eroded shoreline.
*Primary beach access contains a minimwn of 100 parking spaces and public restrooms
REMAINDER OF PAGE INTENTlONALL Y LEFT BLANK
DEP Agreement No. 05COI, Amendment No.2, Attachment 8-2, Page I of 4
Agenda Item No. 16D7
November 18, 2008
Page 17 of35
Parksbore See:ment
Project Boundary: 325' north ofR44 to 390' south ofR54
Approximate Shoreline Length: 11,265.
Public Access
Horizon Way
Vedado Way
On-site Parking Spaces
Metered Permit.
24 14
27 10
Adjacent
Soaces
IS
o
TOTAL
Eligible
Soaces
53
37
Area determined to be llubliclv accessible
870' south ofR50 to 290' south ofR54
Total LeDlrth
3,735'
Area determined to be critieallv eroded
RSO.65 to 390' south ofRS4
Total eligible shoreline length: 3,735'
Total project shoreline length: 1] ,265'
Percent eligible for State funding; 33.16%
State eligibility incorporates the total projeCllength (critical and non.eriticat) and eligibility only recogni7-"s publicly accessible
critically eroded shoreline.
*Permit spaces are available to residents and the general public for the same price.
REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK
DEP Agreement No. 05C01, Amendment No.2, Attachment B-2. Page 2 of 4
Agenda Item No. 16D7
November 18, 2008
Page 18 of 35
Naples See:ment
Project Boundary: 1,050' north ofR58 to R79
Approximate Shoreline Length: 19,375'
On-site Spaces Adjacent Spaces Total
Public Access Public Permit" Public Permit" Spaces
Lowdermilk Park. 52 162 0 0 214
8!b Avenue North 21 0 0 0 21
7!b Avenue North 10 2 0 0 12
North Lake Avenue 19 19 0 0 38
6'h Avenue North 6 4 0 0 10
5th Avenue North 0 0 0 0 0
4th Avenue North 11 4 0 0 15
3rt! Avenue North 10 4 0 0 14
2nd Avenue North 12 4 0 0 16
1" A venue North 11 6 0 0 17
Central Drive 8 4 0 0 12
] 51 A venue South 5 11 0 0 16
2nd Avenue South 7 4 0 0 11
3 rd A venue South 8 6 0 0 14
4th Avenue South 10 5 0 0 15
5th A venue South 21 0 20 15 56
6!b A venue South 4 8 0 0 12
7!b A venue South 10 6 0 0 16
8lh A venue South 6 5 0 0 11
9!b A venue South 11 4 0 0 15
lOth A venue South 15 6 0 0 21
11 th A venue South 8 5 0 0 13
Broad Avenue 20 0 28 0 48
12th Avenue South. 4 0 103 0 107
13'h Avenue South 22 0 9 0 31
141!1 Avenue South 16 14 0 0 30
151!1 Avenue South 10 8 0 0 18
16'h Avenue South 16 14 0 0 30
17'h A venue South 7 3 0 0 10
18'h A venue South ]2 13 ]4 0 39
19'h A venue South 0 0 0 0 0
21" A venue South 0 0 0 20 0
.Primary beach access contains a minimum of 100 parking spaces and public restrooms.
"Permit spaces are available to residents and the general public for the same price.
REMAINDER OF PAGE INTEl'.'TJONALL Y LEFT BLANK
DEP Agreement No. 05COI, Amendment No.3, Attachment B-3, Page 3 of 4
Agenda Item No. 16D7
November 18, 2008
Page 19 of 35
Oualifvinl! Hotels
Edgewater Motel
Oualifvinl! Shoreline
265'
Area determined to be publicly accessible
85' north ofR58 to R79
Total Lenl!th
18,410'
Area determined to be criticallv eroded
R57.8 - R79
Total eligible shoreline length: 18,410'
Total project shoreline length: 19,375'
Percent eligible for State fundin~: 95.02%
State eligibility incOIporates the total project length (critical and non-critical) and eligibility only recognizes publicly accessible
critically eroded shoreline.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COI, Amendment No. 3, Attachment B-3. Page 4 of 4
Agenda Item No. 1607
November 18, 2008
Page 20 of 35
ATTACHMENT C-3
ADVANCE PAYMENT JUSTIFICA TON FORM
Use of this fann is not required unless the advance requested requires the prior approval of the State Chief Financial Officer. For advance requests
that are equal to or less than the purchasing threshold of $25.000.00 . category two as defined in Section 287.017. Florida Statutes, and meet one of
the advance payment requirements identified in Section 215.422(14). Florida Statutes. use of this fonn is waived. However. the purchase requisition
or contract ~iew form must clearly identify the criteria being met under Section 215.422(14), Florida Statutes which atlows the advance to be made
without prior approval of the State: Chief Financial Officer.
Name! Address of the Vendor/Recipient: ~.._.-
Contact PersonIPhone No.:
Al!reemcnt No./Purchase Order No. (if known):
CommoditieslServiceslProject De5C1'lption:
Organizational Structure
f.i.e.local eov't. non~nrofit comoration, etc.)
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period AdvM(,;t: Payment to Cover: o 90 days startup I bJ Full ;~:tract ~eriod
o Quarterlv o Other ',oecify :
Indicate Stlltutory AuthoriLy: I U 2t5.422, f~S ID21618LF.S.
GAA Year and Line Item Info: SFY: I 1 Line Item: T
1. Reason advance payment is required:
2. The rollowing information required for advances requested pursuant to 215.422, Florida Statues (and the- Refere-nce Guide for State
Exnendituresl which exceed the nurchasinQ' threshold orcate~orv two as defined in 287.017. .Florida Stlltutes.
A. Document if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State
would earn by investing the funds and paying jn arrears. Include the percent (%) savings to be realized. In calculating the percent savings as
compared to the percent that can be earned by the State, infonnation may be obtained from the Department of Finl1llcial Services, Division of
Accounting and Auditing, Bureau of Auditing at 8.50/410-4194 or SunCom 210-4194 regarding lhe current TrcasUl'Y earnings rate.
B. Document, if applicable.. how the goods or services are essentiaJ to lhe operation of the Department and why they are available only jf advance
payment is made:
.
DEP Agreement No. OSCOI, Amendment No. 3, Attachment C-3, Page 1 of3
Agenda Item No, 16D7
November 18, 2008
Page 21 of 35
C. ldentify the procurement method used to select the vendor.
3. 'fhe foUowiDg information required ror advances to Governmental Entities and Non-Profits pursuant to 216.181, Florida Statutes,
(Limited to GAA Authorized, St.tutorilv Authorized, and Gr~nt & Aid ApPfonriatioD CateRories OSXXXX Of 14XXXX)
A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department
on D quarterl}' basis.
ProvIde a description afhow the entity intends to invest the advanced funds and track the interest earned on the advanced funds:
RemittancC$ mpst: J) be identirled as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No.. and
3) be forwarded to the following address:
Florida Department of Environmental Protection
Bureau of Finance and Accounting
Receipts Section
P.O, Box 3070
TalJaha.<see, Florida 323] 5-3070
B. A letter requesting advance puyrnent from the recipient. on its letterhead. must be attached.
DEP Agreement No, 05COl, Amendment No, 3, Attachment C-3, Page 2 of3
Agenda Item No. 16D7
November 18, 2008
Page 22 of 35
C. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries,
fringe benefits, overhead, contracts (specify services to be contracted out). equipment. if authorized (specify items to be purchased). supplies. travel,
and other costs.
A sImple summary format bl provided below. The summllry should include the b,.enkdown for eacb quarter of the agreement period.
Descriotion First Quarter Second Quarter Third Duarter FourtbOuarter
Salaries
idenlifV nersonnelltitles\
FrinD'c Benefits
Contractual Services -
(ljst services and estimated costsl
Equipment
(identify each item and cost)
S~ies
Travel
Other tsoecifvl
OverheadlIndirect
Total:
Certification Statement
The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I
certify that the information provided accurately reflects lhe financial issues facing the entity at this time.
By: ..
Type Name of Signatory: Date
Title: Chief Financial Officer or designee
DEP Prol!ranl Area Review/Annroval
Recommendation: o Approve Request o Deny Reque.lt
By:
Type: Name: of Signatory: Date:
Title: Bureau: Divisi on:
The DEP Program Arl::R should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section
will forwfJI'd rcauests for advance navment to the State Comntrollcr for review anc.lle2:islaturc consultation. as annronriale.
Bureau of Finance & Accounting Use Only
-~
DEP Agreement No. 05COI, Amendment No~ 3, Attachment C-3, Page 3 of3
Agenda Item No. 16D7
November 18. 2008
Page 23 of 35
ATTACHMENT D-3
ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM
"SAMPLE DOCUMENT"
TO:
Dena VanLandingham, Bureau of Beaches and Coastal Systems, MS#300
FROM:
Linda Scott, Finance and Accounting Director, Bureau of Finance and Accounting, MS#78
DATE:
SUBJECT:
Advance Payment - DEP Agreement No.: XXXX
BECP Project No.: XXXX
Interest Due to DEP: (Quarterly)
Pursuant to Section 216. I 81 (16)(b), Florida Statutes, and paragraph j I of the AGREEMENT, advance payments must be deposited
into an interest bearing account until all funds have been depleted. In order to comply with this stalUte, advance approval of the State
Chief FiDancial Officer, and the terms of the above referenced contract, the following information is needed for our records no later
twenty (20) days rollowing eaeh colendar quarter (i.e. Januarv 20, April 20. Julv 20. and October 20.)
Advance funding disbursed (date of disbursement)
s
I.
Advanced funds expended by contractot covering period of
(af!Yeemenl executi01il to (end of most recent calendar air)
$
2.
Balance advance funding principal available
$
3.
Interest earned on advanced funds covering period of
(Gf!1"eement execution) to (end of most recent calendar air)
$
4. Amount of interest paid to DEP as of (end of most recent calendar aIr) $:
5.
Balance Due to DEP as of (end of most recent calendar air)
$
(Project MOIlagcr's Signature)
(Date)
Special Instructions: If the grant/contract specifies that any accrued interest that is based upon a erant/contract advance
paymellt(s) will not be paid to OEP until after termillBtion or Ille grant/contract, the advallce fUlld recipient shall comptete
report items 1 and 2 only for the fir,t three quarters of the state's fiscal year. The report ror the state's rourth fi.cal year
quarter shall include items 1,2.3,4, and 5. Items 3, 4, and 5 will be the lire to date interest.
If tbe contract state, that DO illterest is due, quarterly reports or unexpended advances are required, lines 1 and 2.
The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables,
payables, or interest previously paid to DEP.
Tfthe grant/contract requires quarterly accrued interest payments to DE-V, the fund recipient must complete items 1 through 5
for each quarterly report.
Payments of intere.t due to OEP sball be paid witbin the specification. or tbe contract/graut.
Thank you ror your cooperation in providing the above inrormalion. If you have question., plea.e contact Lydia Louis (850)
245-2452 in the Contracts Disbursement SectioD.
DEP Agreement No. 05C01, Amendment No. 3, Attachment D-3, Page I of I
Agenda Item No. 1607
November 18, 2008
Page 24 of 35
ATTACHMENT E-3
Contract Payment Requirements
Florida Department of Financtlll Servites, Referente Guide for State Exptnditurts (January 2005)
Cost Reimbursement Contracts
Invoices for oost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being
claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each
piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
contract hudget should be reimbursed.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of Florida Accounting Information Resource (FLAIR)
reports or other detailed reports.
Listed below are examples of types of documentation representing the minimum requirements:
(I) Salaries:
A payroll register or similar documentation should be submitted. The payroll register should
show gross salary charges, fringe benefits, other deductions and net pay. If an individual for
whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on hehalf 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 oost 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 I12.06I, 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 Depal1l11ent of Management Services Rule 60A-I.0/7, Florida Administrative
Code, regarding the requirements for contracts that include services and that provide for the
oontractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,
for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies. etc.) may be reimbursed on a
usage log that shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the
following web address: htto://www.fldfs.comlaadir/reference%5Fguide/.
DEP Agreement No. 05COl, Amendment No. 3, Attachment E-3, Page 1 of I
Agenda Item No. 16D7
November 18, 2008
Page 25 of 35
ATTACHMENT F-3
FWRIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FORPAYMENT-PART I
PAYMENT SUMMARY
Name of Project COLLIER COUNTY BEACH NOURISHMENT
Grantee: COLLIER COUNTy
DEP Contract Number: 05COI
Billing Number:
Billing Period:
Billing Type: 0 Interim Billing
o Final Billing
Costs Incurred Tbis Payment Request:
Federal Share'
State Share
Local Share
Total
$
'if applicable
Cost Summary:
$
$
$
Stale Funds Obligated
$
Local Funds Obligated
$
Less Advance Pay
$
Less Advance Pay
s
Less Previous Payment
$
Less Previous Credits
$
Less Pn;::vious Retained $
Less This Payment
$
Less This Credit
$
Less This Retainage (10%)
$
Local Funds Remaining
$
Stale Funds Remaining S
Certification: I certifY that this billing is correct and is based upon actual obligations of record by the grantee; that
payment from the State Government !tas not been received; that the work and/or scrviccs are in accordance with the
Department of Environmental Protection, Bureau of Beaches and Coastal Systcms approved Project Agreement including
any amendments thereto; and that progress of the work and/or services arc 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 Offieer Date
DEP Agreement No. OSCOI, Amendment No.3, Attachment F-3, Page I of 4
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Agenda Item No. 1607
November 18, 2008
Page 27 of 35
FI.ORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FORPAYMENT-PARTIll
PRO.ffiCTPROGRESSREPORT
Name of Project: COLLIER COUNTY BEACH NOURISHMENT
Grantee: COLLIER COUNTY
DEP Contract Number: 05CO 1
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding
percent of task completed to date. Describe any implementation problems encountered, if applicable.)
Task Eligible Project
No: Item:
2.0 DESIGN AND PERMITTING
2.1 ARTIFICIAL REEF DESIGN
2.2 OFFSHORE SAND SEARCH
3.0 CONSTRUCTION
3.12006 NOURISHMENT
3.2 CONSTRUCTION MANAGEMENT
3.3 MITIGA nON
DEP Agreement No. 05COI, Amendment No.3. Attachment F-3, Page 3 of 4
Agenda Item No. 16D7
November 18, 2008
Page 28 of 35
3.4 ADDmONAL TRUTLE TRAWLS
4.0 MONITORING
4-1 PHYSICAL & NEARSHORE BIOLOGICAL
4.2 SHOREBIRD
4.3 TILLING
4.4 POST CONSTRUCTION PHYSICAL MONITORING
4.5 ONE YR. (2007) POST CONSTRUCTION PHYSICAL MONITORING
4.6 ONE YR. (2007) POST CONSTRUCTION BIOLOGICAL MONITORING
4.7 YR. 2 & 3 POST-CONSTRUCTlON PHYS. & BIOLOG. MONITORING (2008 AND 2009)
DEP Agreement No. 05COI, Amendment No. 3, Attachment F-3. Page 4 of4
Agenda Item No. 16D7
November 18, 2008
Page 29 of 35
ATIACHMENT G-J
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
Name of Project: COLLIER COUNTY BEACH NOURISHMENT
Grantee: COLLIER COUNTY
DEP Contract Number: 05CO I
01 hereby certifY that the above mentioned project has been completed in accordance with the Project Agreement,
including any amendments thereto, between the Department of Environmental Protection and grantee. and all funds
expended for the project were expended pursuant to the Project Agreement. All unused funds and interest accrued on any
unused portion of advanced funds which have not been remitted to the DEP AR TMENT, 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.
Signature of Project Manager
Name of Project Manager
Date
DEl' Agreement No. 05COI, Amendment No.3, Attachment G-3, Page 1 of I
Agenda Item No. 16D7
November 18, 2008
Page 30 of 35
A TIACHMENT H-3
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Depar/ment', "DEP", "FDEP" or "Grantor", or other name in the contract/agreemenf) to the recipient
(which mtry be referred to as t~ "Contractor'T, Grantee" 0" other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachmenL
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-B3, as revised, and/or other procedures. By
entering into tbis 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
Dcpartment of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipicnt agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews. investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-prnfit organization as defined in OMB
Circular A-B3, as revised.
I. In the event that the recipienl 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 OlVlB Circular
A-B3, as revised. EXHIBIT I to this Agreement 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-B3,
as revised, will meet the requirements of this pan.
2. In conncction with the audit requirements addressed in Part I, paragraph 1. tbe 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 ofOMB Circular A-B3, as revised. is nol required. In the event tbat 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 ofOMB Circular A-B3, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of ~uch 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 bttp:III2.46.245.173/cfdaicrda.html.
DEP Agreement No. 05COI, Amendment No. 3, Attachment H-3, Page lof5
Agenda Item No. 16D7
November 18, 2008
Page 31 of 35
PART II: STATE FUNDED
This part is applicable if tbe recipient is a nonstate entity as defined by Section 21S.97(2)(m), Florida Statutes.
I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$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 2t5.97, Florida Statutes; applicable rules of the Department
of Financia! Seryices; and Chapters 10.550 (loca] governmentai entities) or to.650 (nonprofit and fOT-profit
organizations), Roles of the Auditor General. EXHIBiT] to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining lhe state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assi.'itance received from the Department of
Environmental Protection, other state agencies, and other noostate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Feder.]
program matching requirements.
2. In connection with lhe audit requirements addressed in Part fl. paragraph 1; the redpient shall ensure that
the audit complies with the requiTements of Section 2t5.97(7), Florida Statutes. This includes submission
of a financial reporting package a, defined by Section 215.97(2), F]orida StaMes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organiZlltions), Ru]es of the Auditor
GeneraL
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. Tn 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 2]5.97, Florida Statutes, thc cost ofthe audit
must be paid from the non~state entity's resources (Le_. the cost of such an audit must be paid from the
recipient's resources obtained ITom other than State entities).
4. FOT information regarding the F]orida Catalng of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at httvs://anns.fldfs.com/fsaa for assistance. [n
addition to the above websites, the following websites may be accessed for informalioo; Legis]ature's
Website at h,tp://w\,!}\i,le&state.fl,us/Welcome/index.cfm, State of Florida', website at
hno:/lwww.mvflorida.com/. Department of Financial Services' Website at htto:/lwww.fldfs.com/ and the
Auditor General's Website at httv://www.state.f1.us/au!i.g~I1.
PART In: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the Slale aM'arding entity
that are solely a matter of that State awarding entity's policy (i.e.. the audit is not required by Federal or Stale laws
and is not in conflict with other Federal or State audit requIrements). Pursuant to Section 215.97(8), Florida
StatU/es. State agencies may conduct or arrange for audits alState financial assistance that are in addition to audits
conducted in accordance With Section 215.97, Florida Stat"tes In such an event, the State awarding agency must
arrange for fimding the fUll cost of.,.,ch additional audits.)
PART IV: REPORT SUBM1SSlON
I. Copies of reporting packages for audits cooducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be sobmitted, whcn requiTed by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directlv to each oflhe [ollowing:
DEP Agreement No. 05COl, Amendment No.3, Attachment H-3, Page 2 of 5
Agenda Item No. 16D7
November 18, 2008
Page 32 of 35
A. The Department of Environmentat Protection at Ole 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
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-I33, as revised.
2. Pursuant to Section .320(f), OMB Circular A-t33, 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 ofthe Inspector General, MS 40
3900 Commonwealth Boutevard
Tallahassee. Florida 32399.3000
3. Copies offillancia! reporting packagesrequired by PART 11 oflhis Attachment shall be submitted by or on
behalf of the recipient directlv to each of the following:
A. Tbe Depar1rnent of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of lhe 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
III West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. OSCOI, Amendment No.3, Attachment H-3, Page 3 of 5
Agenda Item No. 16D7
November 18, 2008
Page 33 of 35
4. Copies ofrepons or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directlv to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental PrOlt.."'Ction
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 applicahle.
6. Recipients. when submitting financial reporting packages to the Department of Environmental Protection
for audits done In accordance with OMS Circular A-03, 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 teons of this Agreement for a
period of 5 years from the date the audit repon is issued, and shall allow the Department of Environmental
Protection, or its designee, Cbief 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 the date is extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05C01, Amendment No. 3, Attachment H-3, Page 4 of5
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Agenda Item No. 16D7
November 18, 2008
Page 35 of 35
EXECUTIVE SUMMARY
Recommend approval by the Board of County Commissioners of Amendment No.
3 to the FDEP Cost Share Contract 05C01 for the construction and monitoring of
the City of Naples/Collier County Beach Renourishment and authorize Chairman
to sign Amendment No.3 Project No. 905271.
OBJECTIVE: Obtain approval of Amendment No. 3 to the FDEP Cost Share contract
that sets out state and local funding limits for the city of Naples/Collier County Beach
Renourishment Project.
CONSIDERATIONS: The FDEP Cost Share Contract sets out state and local funding
limits for the 2005 Beach re-nourishment contract along with all required yearly
monitoring.
This contract is being amended to allow for physical and biological monitoring cost
share by the state for the FY 2008 and 2009. Approval of this amendment will provide
state funding of approximately $368.252 for monitoring in FY 2008 and 2009. This is
represented in the contract on page 2 within Table 1 as item 4.7.
COUNTY ATTORNEY FINDING: The County Attorney's Office has reviewed this
contract amendment and is legally sufficient for Board action. - CMG
FISCAL IMPACT: Approval of this item will provide $368,252 of state funding to
perform required beach and biological monitoring which is budgeted in Beach
RenourishmentlPass Maintenance Fund (195).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
RECOMMENDATION: For the Board of County Commissioners to approve
Amendment NO.3 to the FDEP Cost Share contract 05C01 and authorize Chairman to
sign Amendment NO.3.
PREPARED BY: Gary McAlpin, Coastal Zone Management Director