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Agenda 02/25/2020 Item #16A 4 (Change Order #2 - Contract No. 14C01)02/25/2020 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute Change Order No. 2 to Contract No. 14C01 with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program for Collier County state approved work and make a finding that this item promotes tourism. OBJECTIVE: To obtain approval of Change Order No. 2 to Contract No. 14C01 with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program for Collier County Beach Nourishment. CONSIDERATIONS: FDEP Contract No. 14C01 was approved by the Board of County Commissioners (Board) on January 13, 2015 (Item 16A22). The purpose of this Agreement was to enter into a cost share reimbursement agreement with FDEP for reimbursement of the non-federal portion of the design, permitting, and construction cost for the FY 2013 Collier County renourishment of the Vanderbilt, Park Shore and Naples beaches. Change Order No.1 was approved by the Board of County Commissioners (Board) on May 8, 2018 (Item 16A.2). This Change Order moved already allocated funding between existing tasks to allow the County to receive full reimbursement for eligible costs. Tasks 2.5 (Design/Truck Haul Nourishment) was increased by $1,563.84, Task 3.6 (Construction/Truck Haul Nourishment) was increased by $68,652.16 and Task 3.7 (Construction/Periodic Truck Haul Nourishment) was reduced by $70,216. Change Order No.2 will partially reimburse the County for the 2018 Doctors Pass inlet dredging and beach renourishment and the Erosion Control Structures in the nearshore vicinity of Doctors Pass. Also authorized by FDEP in this change order is year 3 (2017) post construction Biological Monitoring of the nearshore hardbottom. Already allocated funding is moving between existing tasks. Task 3.7 (Doctor's Pass Dredging and Erosion Control Structures 2018) is reduced by $22,727.39, and Task 4.6 (Year 3 Post Construction Biological Monitoring 2017) is increased by $22,727.39. FISCAL IMPACT: The execution of the FDEP Beach Funding Assistance agreement Change Order No. 2 modifies funding within the work plan (tasks 3.7 and 4.6) in order to exhaust available funds. There is no additional funding provided. Overall, the funding agreement provides for an FDEP share of $3,099,515. The subject work plan was funded by TDC Beach renourishment Fund (195). Accordingly, FDEP reimbursement received pursuant to the agreement will be deposited in TDC Fund (195). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the January 23, 2020 Coastal Advisory Committee meeting this item was unanimously approved by an 8 to 0 vote. The Tourist Development Council recommended approval of this item by a 9 to 0 vote on January 27, 2020. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG 16.A.4 Packet Pg. 998 02/25/2020 RECOMMENDATION: To approve and authorize the Chairman to execute Change Order No. 2 to Contract No. 14C01 with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program for Collier County state approved work and make a finding that this item promotes tourism. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. AGRMT 2015 01-15 FDEP 14CO1 (PDF) 2. 14CO1 DEP CO2 (PDF) 3. 14CO1 Change Order 01 (PDF) 4. AMEND 2016 01-19 FDEP 14C01.001 (PDF) 5. AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (PDF) 16.A.4 Packet Pg. 999 02/25/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4 Doc ID: 11346 Item Summary: Recommendation to approve and authorize the Chairman to execute Change Order No. 2 to Contract No. 14C01 with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program for Collier County state approved work and make a finding that this item promotes tourism Meeting Date: 02/25/2020 Prepared by: Title: Accountant – Capital Project Planning, Impact Fees, and Program Management Name: Gail Hambright 01/16/2020 8:14 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 01/16/2020 8:14 AM Approved By: Review: Zoning Gary McAlpin Additional Reviewer Completed 01/16/2020 8:16 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/16/2020 8:19 AM Procurement Services Sandra Herrera Additional Reviewer Completed 01/20/2020 6:39 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 01/21/2020 10:13 AM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 01/29/2020 2:09 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/29/2020 3:43 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 02/03/2020 2:09 PM Growth Management Department Gail Hambright Deputy Department Head Review Skipped 01/14/2020 2:21 PM Growth Management Department Jeanne Marcella Department Head Review Completed 02/03/2020 2:20 PM Grants Erica Robinson Level 2 Grants Review Completed 02/04/2020 3:15 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/05/2020 1:25 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/05/2020 1:45 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/05/2020 3:35 PM Grants Therese Stanley Additional Reviewer Completed 02/14/2020 11:41 AM Budget and Management Office Ed Finn Additional Reviewer Completed 02/14/2020 6:27 PM 16.A.4 Packet Pg. 1000 02/25/2020 County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/18/2020 12:20 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM 16.A.4 Packet Pg. 1001 DEP AGREEMENT No: 14COI FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DrVISION OF WATER RESOURCE MANAGEMENT BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM ST A TE OF FLORIDA GRANT AGREEMENT FOR COLLIER COUNTY BEACH NOURISHMENT THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 2600 Blair Stone Road, MS 3554, Tallahassee, Florida 32399, and COLLIER COUNTY, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is 2800 North Horseshoe Drive, Naples, Florida 34104, for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 -Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program; and, WHEREAS, pursuant to 62B-36.005(l)(d), Florida Administrative Code, the LOCAL SPONSOR has resolved to support and serve as local sponsor, has demonstrated a financial commitment to the beach erosion control project as described herein, and has the ability to perfonn the tasks associated with the project described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred to as the PROJECT), as defined in Attachment A (Grant Work Piao), attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the tenns and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on December 31, 2017. Pursuant to Section 161.10 I ( 18), Florida Statutes, and 628-36.009, Florida Administrative Code, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after November I, 2010, may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the DEPARTMENT. If work identified in the approved Grant Work Plan is completed prior to time allowed in this Agreement, this Agreement may be amended to close out the Agreement. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of funds appropriated to the DEPARTMENT. DEP Agreement No. I 4CO I, Page I of 12 16.A.4.a Packet Pg. 1002 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 305,8 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 nourishment and maintenance of approximately 7.4 miles of shoreline comprised of three segments within Collier County, Florida. The segments consist of the following components: Vanderbilt Beach, approximately 1.6 miles between DEP Monuments R22-R3 I; Park Shore, approximately 2.2 miles between DEP Monuments R43 . 7-R54.4; and Naples , approximately 3.7 miles between DEP Monuments R58-R79. The life of the PROJECT is defined as ten (IO) years following completion of each construction event. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. 7. For tasks as specified in Table I below and in Attachment A, the LOCAL SPONSOR shall develop a detailed Scope of Work which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and schedule prior to initiating the work. The tasks must be incorporated into the Grant Work Plan in the form of an approved amendment to this Agreement. 8. Task# 2.0 2 .l 2.2 2.3 2.4 3 .0 3.1 3.2 3.3 ' A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table I below : TABLE 1 Ellglblc Project Tasks State Cost DEP Local Total Share(%) Design and Permitting Permit Modification for FY 2013-14 Colli:r County 32.24% Sll4,701.54 $241,072.46 SJSS,774.00 N mri<ihment Project Prelrniriary Coastal Processes Review Report 32.24% S3,733 .07 $7,845 .93 Sll ,!79.00 Permit Modific ation for Truck Haul (2014115) 40.35% $42,449 .81 $62,754.19 SI 05,204.00 Beach Project I 5 Year Penni 40.35% $40,587 .66 $60001.34 SI D0,!89.00 Cons tructlon Emergency Truck Haul (2012/13) 32.24% $8,656 .44 $18,193 .56 $26,850.00 Pre-Construction Services for 2013/14 Nourishment 32.24% $57,994 .60 $121.889.40 $179,884.00 Construction Services for 2013/14 Nourishment 32.24% $37,l(J().JS $78,100.85 SJIS.261.00 TOT AL PROJECT COSTS SJOS,283.27 $589,857.73 $895, 141.00 B. Changes in PROJECT costs that transfer funds from one task to another or that increase or decrease the total funding amount shall require a formal amendment to the Agreement. 9. The DEPARTMENT has determined that 85.94 percent of the non-federal PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $305,284 for this PROJECT or up to 32.24 % of the non-federal project cost, for Task 2.1, 2.2, 3 .1, 3 .2, 3.3 and for Task 2.3 and 2.4 up to 40 .35% of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is Jess. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. DEP Agreement No. 14C01, Page 2of12 16.A.4.a Packet Pg. 1003 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of the LOCAL SPONSOR . Any modifications to the estimated TOTAL PROJECT COSTS shown in Table 1 above, shall be provided through fonnal amendment to this Agreement. 1 I. 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 (Funding Eligibility), attached hereto and made a part hereof, for beach use throughout the life of the PROJECT as established under this Agreement. The life of the PROJECT is defined as ten (10) years following the completion of each construction event commencing upon execution of this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces which are no longer available to the public for a 10-year period . All parking must be clearly signed or otherwise designated as public beach access parking. 13. A. In accordance with Section 216.l81(16)(b), Florida Statutes, the DEPARTMENT, upon written request from the LOCAL SPONSOR, including justification for said request, and written approval from the State Chief Financial Officer, may provide an advance payment to the LOCAL SPONSOR. In addition to the written request for advance payment, the LOCAL SPONSOR shall also complete and submit the applicable portions of Attachment C (Advance Payment Justification Form), attached hereto and made a part hereof. Consideration for advance payment is at the discretion of the DEPARTMENT, and shall be limited to eligible studies and project construction costs identified in Table I. The LOCAL SPONSOR's expenditures shall draw proportionally upon both the LOCAL SPONSOR's funds and the DEPARTMENT'S advanced funds in accordance with the cost share ratios established pursuant to this Agreement. B. If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the advanced funds in an interest bearing account. The LOCAL SPONSOR shall be responsible to the DEPARTMENT for a quarterly accounting of such funds on the dates identified in paragraph 16 . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14COl, Page 3of12 16.A.4.a Packet Pg. 1004 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) C . Attachment D (Advance Payment -Interest Earned Memorandum), attached hereto and made a part hereof, is provided as a sample of the document generated internally each calendar quarter by the DEPARTMENT's Bureau of Finance and Accounting for agreements that authorized an advance payment. The DEPARTMENT's Grant Program Administrator shall forward such memorandum to the LOCAL SPONSOR's Project Manager, who shall be responsible for completion of the applicable interest statement details and submission to the DEPARTMENT each quarter. Interest income shall be documented by the LOCAL SPONSOR's submission of a current statement of account from the financial institution or agent where such funds are invested . Interest income shall be returned to the DEPARTMENT, within thirty (30) days following each quarter as set forth under this Agreement. This responsibility shall continue as long as advanced funds remain with the LOCAL SPONSOR or until construction is completed and a final accounting on the advanced funds is completed and the unused funds and interest due the DEPARTMENT are returned to the DEPARTMENT. Unused funds , and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, shall be returned to the DEPARTM ENT within sixty (60) days of the completion of the construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. D. The parties hereto acknowledge that the State ChiefFinancial Officer may identify additional requirements that must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Chief Financial Officer, the LOCAL SPONSOR shall be notified, in writing, by the DEPARTMENT'S Grant Program Administrator regarding the additional requirements . Prior to releasing any funds, the LOCAL SPONSOR shall be required to provide a written acknowledgement to the DEPARTMENT's Grant Program Administrator of the LOCAL SPONSOR's acceptance of the tenns imposed by the State Chief Financial Officer for release of funds. 14 . As consideration for the satisfactory completion of the eligible work identified in Attachment A and approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis. All requests for reimbursement shall be made in accordance with Attachment E (Contract Payment Requirements). attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment F (Request for Payment, PARTS I -IV), attached hereto and made a part hereof. These forms are to be submitted upon completion of deliverables identified in the approved Scope of Work . These forms shall be certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel limit s established in Section 112.061, Florida Statutes . A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits , and variances, including those required pursuant to Chapters 161 , 253, 258 and 373, Florida Statutes, have been obtained. The final payment will not be processed until the match requirement has been met. 15. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each request for payment to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. It is understood and agreed DEP Agreement No. l4COI, Page 4of12 16.A.4.a Packet Pg. 1005 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and will reset when such information is received as requested by the DEPARTMENT. Upon approval of the request for payment the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc .) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. lf applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). 16. For the duration of this Agreement, the LOCAL SPONSOR shall s ubmit to the DEPARTMENT's Project Manager on a quarterly basis, Attachment F (Project Progress Report, Part Ill), as updates to the project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period in which the project is underway. The term "quarterly" shall reflect the calendar quarters ending March 31 , June 30, September 30, and December 31. Progress reports are to be submitted electronically in Word .doc or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration . In cases where no reimburseme nt is sought for a given quarter, all applicable portions of the progress report must still be completed and submitted. The t imely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. 17. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment G (Project Com pletlon 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. I 8. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 19 . The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation", and any rules promulgated there from , are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth . 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes . 21. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to term ination, 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 . DEP Agreement No. 14C01, Page S of 12 16.A.4.a Packet Pg. 1006 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) ----------------·------- B. The DEPARTMENT may tenninate this Agreement without cause and for its convenience by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or overnight courier to the address set forth in this Agreement. 22. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT . In the event that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR shall re- perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within ten (10) days of being notified of the unsatisfactory deliverable. lf a satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in its sole discretion, either: 1) terminate this Agreement for failure to perfonn, or 2) the DEPARTMENT'S Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL SPONSOR to the DEPARTMENT. All CAPs must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the DEPARTMENT. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days ofreceipt of a CAP, the DEPARTMENT shall notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. lfthe CAP is not accepted, the LOCAL SPONSOR shall have ten (10) calendar days from receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall result in the DEPARTMENT'S termination of this Agreement for cause as authorized in this Agreement. B. Upon the DEPARTMENT'S notice of acceptance ofa proposed CAP, the LOCAL SPONSOR shall have ten (I 0) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL SPONSOR of any of its obligations under the Agreement . In the event the CAP fails to correct or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the DEPARTMENT or steps taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the DEPARTMENT as requested by the Department Grant Manager. C. Failure to respond to the DEPARTMENT'S request for a CAP or failure to correct a deficiency in the performance of the LOCAL SPONSOR as specified by the DEPARTMENT may result in termination of this Agreement. The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement. 23. Any notices between the parties shall be considered delivered by email, overnight courier or delivered in person to the contact person at the addresses below. LOCAL SPONSOR Gary McAlpin 2800 North Horseshoe Drive Naples, Florida 34104 garymcalpin@colliergov.net DEP Agreement No. l4COI, Page 6of12 16.A.4.a Packet Pg. 1007 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) DEPARTMENT Dena VanLandingham, Grant Program Administrator Department of Environmental Protection Beach Management Funding Assistance Program 2600 Blair Stone Road, MS 3554 Tallahassee, Florida 32399 Dena.Vanlandingham@dep.state.tl.us Any changes to the contact information shown above or in paragraph 24 must be reduced to writing in the form of an email notification. 24. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin, Phone: (239) 252-5342. The DEPARTMENT's Project Manager for all technical matters is Vince George, Phone: (850)245- 7557 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: (850) 245-7692. 25. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section I 19.07(1)(a), Florida Statutes. 26 . The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authoriud representatives shall have access to such records for audit purposes during the tenn of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 27 . A. ln addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment H (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment H summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment H. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit I, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Program Administrator at 850/245-7692, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment H, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utiliz.e the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Fonns" section appearing at the following website: https://apps. fldfs.com/fsaa DEP Agreement No. l4COI, Page 7of12 16.A.4.a Packet Pg. 1008 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements . 28. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 29 . The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 30 . This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 31. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter . 32 . To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes . In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes , the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected . 33. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 34. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 35. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 36. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. DEP Agreement No . 14C01, Page 8of12 16.A.4.a Packet Pg. 1009 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 37. 38. 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) 487-09 I 5. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. LOCAL SPONSORS are prohibited from commingling funds on either a program- by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a LOCAL SPONSOR's, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the funds provided to the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration . Interest shal I be calculated from the date(s) the original payrnent(s) are received from the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. C . In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. Regardless of any subcontract, the LOCAL SPONSOR is ultimately responsible for all work to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes. DEP Agreement No. 14COI, Page 9of12 16.A.4.a Packet Pg. 1010 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 1. The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the DEPARTMENT for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the LOCAL SPONSOR shall request the advance written approval from the DEPARTMENT's Project Manager of the fixed price negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DEPARTMENT Project Manager's approval of the fixed price amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract. 3. A II subcontracts are subject to the provisions of paragraph 14 and any other appropriate provisions of this Agreement which affect subcontracting activities. B . The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State ofFlorida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915 . 39. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT'S Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to , the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work. 40 . The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 41. The DEPARTMENT may at any time, by written order designated to be a change order, make any change minor modifications, as described below. All change orders are subject to the mutual agreement of both parties as evidenced in writing . Any change, which causes an increase or decrease in the LOCAL SPONSOR's cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of, a modification of deliverable due dates when such change does not involve an extension of contract, and modifying the Project Work Plan when such modifications would not involve a decrease/increase in cost or an extension of the performance period of this Agreement. 42. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations . The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. DEP Agreement No. 14C01, Page 10of12 16.A.4.a Packet Pg. 1011 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 43. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control project prior to entering each individual property to conduct such activities. 44. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation of such measures . If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for perfonnance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the LOCAL SPONSOR, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the perfonnance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR'S consultant(s) or subcontractor(s) shall not constitute a force majeure event. 45. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAJNDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14C01, Page 11of12 16.A.4.a Packet Pg. 1012 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures : COLLIER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION By : _____ ._.._..__~ _ ___.._..,._ __ By:-....-T--.....,...._.__--~---'"--- Title : Chamnan , TIM NANCE Dep ent of Environmental Protection Secretary or designee Date:-1_./_1_3_/_1 _5 _______ _ Date:--/ ~_)_5_-_U_·~_J _f5 __ _ FEID No. 59-60000558 · , . ''\J ' .,flt"O ...... -:;:; ~~' • /H • • • f • t-~~ __ ,... ... \ .. , .• ::-."' . ··~ ., A I i t:;~'t: '. " ' •. ... ~ .. DWIGHT E .' BROC.K,,, CJetk ~: ~ ": :;-~ : ::.; al Sponsor's Attorney if necessary) W!N,."' \)~ Department of E~ctlcm Grant Program Administrator nvironmenta Protechon *I f someone other than the Chairman signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Attachment A Attachment B Attachment c Attachment D Attachment E Attachment F Attachment G Attachment H Description (include number of pages) Grant Work Plan (3 pages) Funding Eligibility (3 page) Advanced Payment Justification Form (3 pages) Advanced Payment-Int erest Earned Memorand um Sample (1 page) Contract Payment Requirements (I page) Request For Payment, Parts I -IV (5 pages) Project Completion Certification (I page) Special Audit Requirements (5 pages) DEP Agreement No. 14COI, Page 12of12 16.A.4.a Packet Pg. 1013 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) ATTACHMENT A GRANT WORK PLAN Project Title: Collier County Beach Nourishment. Project Location: The project includes 7.5 miles of shoreline in three segments within Collier County , FL. The segments consist of the following components: Vanderbilt Beach, approximately 1.6 miles between DEP Monuments R22-R3 l ; Park Shore, approximately 2.2 miles between DEP Monuments R43 .7-R54.4; and Naples, approximately 3.7 miles between DEP Monuments R58-R79. The project areas have been expanded from the original restoration project that was constructed in 1996. Project Background: Restoration was completed in 1996 followed by nourishment in 2006 & 2013. The 2006 nourishment project included a one acre mitigation reef to compensate for damage to nearshore hardbottom resources. Subsequent storm events caused additional erosion to the project. Federal funding assistance was awarded by the Federal Emergency Management Agency (FEMA) to mitigate for storm-induced erosion caused by Tropical Storm Fay in 2008 and Tropical Storm Debby in 2012 . Staff determined a 32.24% state cost sharing percentage for activities conducted prior to the 2013 program rule amendment and a 40.35% state cost sharing percentage for activities conducted after to the 2013 rule amendment. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEPARTMENT permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards technical specifications contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2014) and Processing Plan and Geographic Information System Gu idelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. This plan may be found at http://www.dep.state.fl.us/beaches/publicatlons/pdf/PhysicalMonltoringStandards .pdf . One ( 1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified . The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications for beach nourishment. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Performance Standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized . 2.1 Permit Modification for FY 2013-14 Collier County Nourishment Project Activities include design and engineering services required for acqu isition of permits from FDEP & USACE, including preparation of an Environmental Assessment to meet NEPA requirements . Deliverable A : Completed Permit Application for the FY 2013-14 Collier County Beach Nourishment Project. Total Cost: $355,774 (DEP cost $114,701.54). Due Date: December 31, 2017. DEP Agreement No . 14COI, Attachment A, Page 1 of3 16.A.4.a Packet Pg. 1014 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 2.2 Preliminary Coastal Processes Review Report Long Term Coastal Trend Analysis including data since restoration (1996) Deliverable A: Coastal Trend Analysis Report. Total Cost: $11,579 (DEP cost $3,733.07). Due Date: December 31, 2017 . 2.3 Permit Modification for Truck Haul (2014-15) Activities include design and engineering services required for acquisition of pennit modifications from FDEP & USA CE, for the 2014-2015 truck haul in Naples, with hot spot nourishment along entire project length . Deliverable A: Completed Permit Application for the FY 2014-15 Collier County Beach Nourishment Project/Naples Segment. Total Cost: $105 ,204 (DEP cost $42,449.81 ). Due Date: December 31, 2017 2.4 Beach Project 15 Year Permit Activities include design and engineering services required for acquisition of a 15-year permit for the entire length of the Collier Count Beach Nourishment Project. Deliverable A: Completed Permit Application for 15-year permit for the Collier County Beach Nourishment Project. Total Cost: $100,589 (DEP cost $40,587 .66). Due Date: December 31, 2017. 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-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Performance Standard: Work products (Deliverables) must meet acceptance standards of the engineer, building code inspector, Joint Coastal Permit, or a combination of these, as required, to assure all project- related construction is completed to desired specifications. 3.1 Emergency Truck Haul (2012-13) Activities included two hot spot nourishments at Vanderbilt and Naples beach segments to address storm impacts as an interim measure prior to full beach nourishment. Deliverable A: Post Construction Report for 2012-2013 emergency truck haul Total Cost: $26,850 (DEP cost $8,656.44). Due Date: December 31, 2017 . 3.2 Pre-Construction Services for 2013-14 Nourishment Activities include pre-construction diving surveys and monitoring ofhardbottom resources, activities related to obtaining USFWS Biological Opinion, and assistance with contractor bidding/contract award . Deliverable A : Bid Tabs award documentation for 2013-2014 Construction phase Total Cost: $179,884 (DEP cost $57,994.60). Due Date: December 31, 2017. DEP Agreement No. 14COI, Attachment A, Page 2 of3 16.A.4.a Packet Pg. 1015 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 3.3 Construction Services for 2013-14 Nourishment Activities include the submittal of a monitoring report of construction, for the FY 2013-14 Collier County Beach Nourishment Project, by a professional engineer registered in the State of Florida that verities sand placement and pay volumes and confirms removal of all equipment from beach. The certification shall confirm that beach access points are returned to a remediated condition. Deliverable A: Immediate Post Construction Monitoring Report for 2013-2014 nourishment Total Cost: $115,261 (DEP cost $37, 160. 15). Due Date: December 3 L, 2017. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. DEP Agreement No. 14COI, Attachment A, Page 3 of3 16.A.4.a Packet Pg. 1016 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) ATTACHMENT B COLLIER COUNTY BEACH NOURISHMENT Vanderbilt Beach Segment Project Boundary : 350' south of R-22 to R-31 Approximate Shoreline Length: 8,412 FEET Location/Name Address R- Mon Delnor Wiggins R-22 State Recreation Area La Playa R-26 Vanderbilt R-29 Beach Road Tot al eligible shoreline length : 7,230 FEET Tot al project shoreline length: 8,412 FEET Type of Access Primary Hotel Primary Percent eligible for State funding: 85.94 PERCENT Width of Total Access/ Units or Frontage Parking Spaces 60 340 360 0 130 167 Parkshore Segment Proj ect Boundary: 500' north of R-44 to 390' south of R-54 Approximate Shoreline Length: 11,438 FEET Location/Name Address R-Type of Mon Access Clam Pass Park R-44 Primary Horizon Way R-52 Secondary V edado Way R-53 Secondary Total eligible shoreline length: 6,020 FEET Total project shoreline length: 11,438 FEET Percent eligible for State funding: 52.62 PERCENT *Overlap Width of Access/ Frontage 3345 60 60 Total Units or Parking Spaces 172 53 37 Public Units or Parking Spaces 340 0 167 Public Units or Parking Soaces 172 53 37 DEP Agreement No . 14CO I, Attachment B, Page l of 3 Eligible Eligible Shoreline Shoreline (ft) from (ft) Parking 2640 2700 0 360 4040 4170 Eligible Eligible Shoreline Shoreline (ft) from (ft)* Parking 355 2285 1661 1721 1954 2014 16.A.4.a Packet Pg. 1017 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) Naples Segment Project Boundary: 1,050' north of R-58 to R-79 Approximate Shoreline Length : 19,375 FEET Location/Name Address R-Type of Mon Access Edgewater Hotel R-59 Hotel Lowdermilk Park R-61 Primary 8111 A venue North R· Secondary 63 .5 7th A venue North R-64 Secondary North Lake R-Secondary Avenue 64.5 6th A venue North R-65 Secondary 5th A venue North R-Secondary 65.5 4th Avenue North R-66 Secondary 3rd A venue North R-Secondary 66.5 2nd A venue North R-67 Secondary 1st A venue North R-Secondary 67.5 Central Drive R-68 Secondarv I st A venue South R-Secondary 68.5 2nd A venue South R-69 Secondarv 3rd A venue South R-Secondary 69 .5 4th A venue South R-70 Secondarv 5th A venue South R-Secondary 70 .5 6th A venue South R-71 Secondary 7th A venue South R-Secondary 71.5 8th A venue South R-72 Secondary 9th A venue South R-Secondary 72.5 10th A venue South R-73 Secondary 11th Avenue South R-Secondary 73.5 Bro ad A venue R-74 Secondarv 12th A venue South R74.5 Primary 13th Avenue South R-75 Secondary 14th Avenue South R-Secondary 75.5 Width of Total Access/ Units or Frontage Parking Spaces 265 0 920 210 60 21 60 12 60 38 60 10 60 0 60 15 60 14 60 16 60 17 60 12 60 16 60 11 60 14 60 15 60 56 60 12 60 16 60 11 60 15 60 21 60 13 60 48 60 107 60 31 60 30 Public Units or Parking Spaces 0 210 21 12 38 10 0 15 14 16 17 12 16 11 14 15 56 12 16 11 15 21 13 48 107 31 30 DEP Agreement No. 14C01, Attachment B, Page 2 of3 Eligible Eligible Shoreline Shoreline (ft) from (ft)* Parking 0 265 5280 6200 1109 1169 634 694 2006 2066 528 588 0 60 792 852 739 799 845 905 898 958 634 694 845 905 581 641 739 799 792 852 2640 2700 634 694 845 905 581 641 792 852 1109 1169 686 746 2534 2594 5280 5340 1637 1697 1584 1644 16.A.4.a Packet Pg. 1018 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) ------------ Location!Name Address R-Type of Mon Access 15t h A venue South R-76 Secondarv 16th A venue South R-Secondary 76.5 17th A venue South R-77 Secondary 18th A venue South R-Secondary 77.5 19th A venue South R-78 Secondary 21st A venue South R-Secondary 78.5 Tota l eligible shoreline length: 18,410 FEET Total project shoreline length: 19,375 FEET Perc ent eligible for State funding: 95.02 PERCENT *Overlap Width of Total Access/ Units or Frontage Parking Spaces 60 18 60 30 60 10 60 39 60 0 60 0 Public Units or Parking Spaces 18 30 10 39 0 0 DEP Agreement No . 14C01 , Attachment B, Page 3 of3 -I Eligible Eligible Shoreline Shoreline (ft) from (ft)* Parking 950 1010 1584 1644 528 588 2059 2119 0 60 0 60 16.A.4.a Packet Pg. 1019 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) ATTACHMENT C ADVANCE PAYMENT JUSTIFICATON FORM R . dS " ~..>ijJ$i cq u1rc 1g1U1tures : ~'- Use of this form is not required unless the advance requested requires the prior approval of the Florida Department of Financial Service s (DF S). For advance requests that are equal to or less than the purchasing threshold of cate gory two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements ide ntified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or co ntract review fonn must clearly identify the criteria being met under 215 .422(14 ), Florida Statutes that allows the advance to be made without prior DFS approval. A letter requesting advance payment from the recipient, on its letterhead, must be attached. The DEP Program Area should forward this information to the Contract Disbursements Section at MS 78 . The Contract Di sb ursements Section will forward requests for advance payment to DFS for rev iew and legislature consultation, a s a ppropriate . Name/ Address of the Vendor/Recipient: Contact Person/Phone No .: Agreement No./Purchase Order No. (if known): Commodities/Services/Project Description: Organizational Structure (i.e. local gov 't , non-profit corporation, etc .) Value of Purchase or Grant: Advance Payment Amount Requested : Period Advance Payment to Cover: ~ 90 days startup J LJ Full Contract Period Quarterly n Other (specify): Indicate Statutory Authority: 215.422 , F.S I J 216 .181 , F .S. GAA Year and Line Item Info: SFY: I Line Item : I 1. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422, Florida Statutes (and th e DFS's Reference Guide for State Expenditures) which exceed the purchasing threshold of category two as defined in 287.017, Florida Statutes. A . Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent (%)savings to be realized . In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the DFS, Division of Treasury at 850/413-3165 regarding the cu rrent Treasury earnings rate. DEP Agreement No . t 4CO I, Attachment C , Page I of 3 16.A.4.a Packet Pg. 1020 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) B . Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: C. Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non-Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid A p propriation Categories 05.XXXX or 14:XXXX) A . The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on th e advanced funds: Re mittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP A greement (or Contract) No., and 3) be forwarded to the following address : Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315-3070 DEP Agreement No. 14COI, Attachment C, Page 2 of3 16.A.4.a Packet Pg. 1021 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample summary fonnat is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Second Third Fourth Quarter Quarter Quarter Quarter Salaries (identify personnel/titles) Frinp;e Benefits Contractual Services (list services and estimated costs) Equipment (identify each item and cost) Suoolies Travel Other (specify) Overhead/Indirect Total: Certification Statement T he forgoing information is presented to the Florida Department of Environmental Protect ion in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or designee DEP Pro2ram Area Review/Approval Recommendation : LJ Approve Request LJ Deny Request By: Date: Type Name of Signatory: Title: Bureau : D ivision: DEP Agreement No. 14C01, Attachment C, Page 3 of3 16.A.4.a Packet Pg. 1022 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) A IT ACHMENT D ADVANCE PAYMENT-INTEREST EARNED MEMORANDUM "SAMPLE DOCUMENT" TO : Dena VanLandingham, Beach Management Funding Assistance Program, MS#3554 FROM : Lydia Louis, Finance and Accounting Director, Bureau of Finance and Accounting, MS#78 DATE: SUBJECT : Advance Payment -DEP Agreement No .: XXXX BECP Project No.: XX.XX Interest Due to DEP: (Quarterly) Pursuant to Section 216.181(l6)(b), Florida Statutes, and paragraph 11 of the AGREEMENT, advance payments must be deposited into an interest bearing account until all funds have been depleted. In order to comply with this statute, advance approval of the State Chief Financial Officer, and the tenns of the above referenced contract, the following infonnation is needed for our records no later twenty (20) days following each calendar quarter (i.e. Jiinuary 20, April 20. July 20, and October 20.) I. 2. 3. Advance funding disbursed (dqt e ofdisbursement) Advanced funds expended by contractor covering period of (a~reement execution) to (end of most recent calendar qtr) Balance advance funding principal available Interest earned on advanced funds covering period of (agreement e,;cecution) to (end o(most recent calendar qtr) 4 . Amount of interest paid to DEP as of <end of most recent calendar qtr) $ ________ _ 5. Balance Due to DEP as of (end of most recent calendar qtr) (Project Manager's Signature) (Date) Special Instructions: If the i:rantlcontract specifies that any accrued interest that is based upon a grant/contract advance payment(s) will not be paid to DEP until after termination of the irant/contract, the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth nscal year quarter shall Include items 1, 2, 3, 4, and 5. Items 3, 4, and Swill be the lire to date interest. Ir t he contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2. The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables, payables, or Interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the rund recipient must complete Items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. l4COI, Attachment D, Page I of 1 16.A.4.a Packet Pg. 1023 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) ATTACHMENT E Florida Department of Environmental Protection DEP 55-219 Contract Payment Requirements -·-"'s ·~i;:..;..:r '.~;:'"'°': Required Signatures: No : JfiD!y.re Invoices for cost reimbursement contracts must be supported by an itemiz.ed 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 p iece of documentation should clearly reflect the d ates of service. Only expenditures for categories in the approved contract budget should be reimbursed. L iste d below are examples of the types of documentation representing the minimum requirements : (I) Salaries (2) Fringe Benefits A payroll register or similar documentation should be submitted. The payroll regi ster 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. Fringe Benefits should be supported by invoices showing the amount pa id on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fr inge benefits, then the calculation for the fringe benefits amount must be shown. Exception : Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel Reimbursement for travel must be in accordance with Section 112 .061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. ( 4) Other Reimbursement will be made based on paid invoices/receipts . If nonexpendable direct property is purchased using State funds , the contract should include a provision for costs the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Serv ices Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273 .02, Florida Statutes, for subsequent transfer to the State. (5) In-house Charges which may be of an internal nature (e .g., postage, copies, etc.) may be charges reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate, costs then the calculation should be shown. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address : http :/ I www . fl d f s. com /a adir/referen ce guide . htm . DEP Agreement No. 14COI, Attachment E, Page 1 of I 16.A.4.a Packet Pg. 1024 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) ATTACHMENT F FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT -PART I PAYMENT SUMMARY NAME OF PROJECT: Collier County Beach Nourishment LOCAL SPONSOR: CaWer Crnmty DEP Agreement Number: l 4CO l Billing Number: _______ ---·---·------ Billing Type: D Interim Billing D Final Billing Costs Incurred This Payment Request: Federal Share• Total $ ______ _ State Share $ ------- Local Share $ -------$ ______ _ *if applicable Cost Summary: State Funds Obligated $ ______ _ Les s Advance Pay $ ______ _ Les s Previous Payment $ ______ _ Les s Previous Retained$ ______ _ Les s This Payment$ ______ _ Les s This Retainage (10%) $ ______ _ State Funds Remaining$ ______ _ Local Funds Obligated $ _____ _ Les s Advance Pay$ ______ _ Les s Previous Credits$ _____ _ Less This Credit$ _____ _ Local Funds Remaining$ _____ _ DEP Agreement No . 14COI, Attachment F, Page I of5 16.A.4.a Packet Pg. 1025 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REVISED REQUEST FOR PAYMENT -PART U Billing Period(!):--------------Name of Project:---------------- Billing Number: ---------------- DEP Agreement Number: Person Completing Fonn & Telephone Number (2): ------------------- RElMBURSEMENT DETAIL llem Vrndor Invoice Invoice Clieek Drlivrrablr Eligible %Fed Frdrral Non-%State Sta tr Loe: al Rrtainagr # Nam• Number Date Namber Number(l) Cost Shore Shore of Fedenl Shue (8) Sliare Share (10) Payment (4) (S) Invoice Share (7) (9) (11) Amount (6) Totals:----- Total Due to Loal Sponsor (14)------- Fonn Instructions: I . Billing Period : Should reflect Invoice services perfonned date. (beginning date -earliest date of services, end date -latest date of services performed). 2 . Person to Contact for questions regarding items submitted on this fonn . 3 . Deliverable#: Must identify completed dcliverablc(s) for each invoice . If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable. 4 . Eligible Cost Invoice amOlmt paid by Loclll Sponsor less ineligible cost for Linc Item Deliverable only. 5. % Federal Share: If applicable this should be the percentage listed in Agreement. Federal S hare will be listed on Table I i f applicable. 6 . Federal Share: If applicable, Local Sponsor will multiply Eligible Cosl by Federal Share Percentage. 7 . Non-Federal Share: Eli gible Cost (4) minus Federal Share of Invoiced Amount (6). 8 Percentage of State Share: This should be the State Share Percentage listed in Agreement. 9. State Share: Multiply Non-Federal Share by State Share Percentage. IO . Local Share: Subtract State Share from Non-Federal Share. 11 . Retainage Payment: Requires separate line for each completed Task:, Sub-Task and or Delivera ble that rctainagc is being requested . 12. Withheld Retainage: Multiply State Share by I O"/o. 13 . State Payment: Subtract Retainage from State Share. 14. Total Due to Local Sponsor: Add Retainage Payment Total to St.ate Payment Total . Notes : For questions or concerns regarding this form please contact: Janice Simmons -(850)245-8222 or email at Janicc.L.Simmons@dep.state.fl .u s DEP Agreement No. 14CO 1, Attachment F, Page 2 of 5 Withhdd Stair Rclaia.gc Payment (12) (13) 16.A.4.a Packet Pg. 1026 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT -PART III PROJECT PROGRESS REPORT NAME OF PROJECT: Collier County Beach Nourishment LOCAL SPONSOR: Col!jer County DEP Agreement Number: HQ!1 Billing Number:------ Report Period: _______________________ _ Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date . Describe any implementation problems encountered, if applicable.) Task Eligible Project No : Item: 2.0 DESIGN AND PERMIITING 2.1 Permit Modification for FY 2013/14 Collier County Nourishment Project 2.2 Preliminary Coastal Processes Review Report 2.3 Permit Modification for Truck Haul (2014/15) 2.2 Beach Project 15 Year Permit DEP Agreement No. 14COI, Attachment F, Page 3 of5 16.A.4.a Packet Pg. 1027 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 3 .0 CONSTRUCTION 3.1 Emergency Truck Haul (2012/13) 3 .2 Pre-Construction Services for 2013/14 Nourishment 3.2 Construction Services for 2013/14 Nourishment DEP Agreement No . 14COI, Attachment F, Page 4 of5 16.A.4.a Packet Pg. 1028 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT -PART IV AME OF PROJECT: Collier County Beach Nourishment LOCAL SPONSOR: Comer Crnmty DEP Agreement Number : 14C01 Billing Number:------ Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's a pproved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed . The disbursement amount requested on Page I of this form is for allowable costs for the project described in the grant work plan . I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers , copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and ar e available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 14COI, Attachment F, Page 5 of5 16.A.4.a Packet Pg. 1029 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) ----------------- ATTACHMENT G FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION NAME OF PROJECT: Collier County Beach Nourishment LOCAL SPONSOR: Collier County DEP Agreement Number: 14CO I Task Completion D Project Completion 0 *I hereby certify that the above mentioned project task has been completed in accordance with the Project Agreement , incl uding any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the proj ect were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion ofadvanced fun ds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT . Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Fed eral final accounting has been completed . Name of Project Manager Signature of Project Manager Date DEP Agreement No.14COI, Attachment G, Page I of I 16.A.4.a Packet Pg. 1030 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENTS) Requ ired Signatures: ~U1Sii~~filj 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 com ply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In th e 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 Chie f Financial Officer or Auditor General. AUDITS PARTI: FEDERALLY FUNDED This part is applicable ifthe recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. I . In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised . EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental 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 detennination 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 ofOMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required . Jn 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 ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http ·//12:46.245 l 73 /cfda/cfdaJ1tml DEP Agreement No. 14COI, Attachment H, Page 1 of5 16.A.4.a Packet Pg. 1031 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENTS) PARTII; STATE FUNDED This part is applicable ifthe recipient is a nonstate entity as defined by Section 215 .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 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters I 0.550 (local governmental entities) or 10 .650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part H, paragraph I; the recipient shall ensure that the audit complies with the requirements of Section 215 .97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding lhe Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at bnps ://a,pps .fldfs .comffsaa for assistance. In addition to the above websites, the following websites may be accessed for information : Legislature's Website at http ://www.leg.state.fl.us/Welcome/jndex,cfm, State of Florida's website at http ://www.mvf!orida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http ://www.state.fl.us /audgen . PART Ill: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a ma/fer 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 215.9 7, Florida Statutes. In such an event, the State awarding agency must arrange for funding the fall cost of such additional audits.) PART IV: REPORT SUBMISSION I. 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 ofthe following: DEP Agreement No. 14C01, Attachment H, Page 2 of 5 ~-----------------------------------------·---·--. -· . 16.A.4.a Packet Pg. 1032 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) A. Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENTS) 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 des ignated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) 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 I 0th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac / C . Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133 , asrevised . 2 . Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular ·A-133, as revised , and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General , MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3 . Copies of financial reporting packages required by PART ll of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address : Audit Director Florida Department of Environmental Protection Office of the Inspector General , MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32990-1450 DEP Agreement No. 14C01, Attachment H, Page 3 of5 16.A.4.a Packet Pg. 1033 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) L Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENTS) 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient ~to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5 . Any reports, management letters, or other infonnation 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 I 0.550 (local governmental entities) or I 0.650 (nonprofit and for-profit organiz.ations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters I 0.550 (local governmental entities) or I 0.650 (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. PARTV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Aud itor 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 Ge neral upon request for a period of3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14C01, Attachment H, Page 4 ofS 16.A.4.a Packet Pg. 1034 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENTS) EXHIBIT-I FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: F d I R A rd d t th R . . t Pu tt th. A t C . t f th F II e era esources wa e 0 e ec1p1en rsuan 0 as ,greemen ODSlS 0 e o owme: Federal State Program Federal Agency CFDA CFDA Title Funding Amount Appropriation Number Number Category s tate R esources A d d h R .. ware tot e eciptent Pursuant to thas Agreement c f onsast o the Followine Mate h. R mg t; F d IP esources or e era r02J"ams: Federal State Program Federal Agency CFDA CFDA Title Funding Amount Appropriation Number Category State Resources Awarded to the Reci ieot Pursuant to this A reement Consist of the Followin Resources Sub· ect to Section 215.97 F.S.: State Program Number Original Agreement Funding Source General Revenue GGA Line Item # 1626 State Fiscal Year 2013-2014 CSFA Number 37.003 CSFA State Title or Fundin Source Description Beach Management Funding Assistance Program Total Award Funding Amount $305,284 $305 ,284 Appropriation Category 140126 -' - ' , , ~ ' 1 :~·i::;;':.,.~,. < For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http :/112 .46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps .fldfs .com/fsaa/searchCatalog.aspx). The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. 14C01, Attachment H, Page 5 of5 16.A.4.a Packet Pg. 1035 Attachment: AGRMT 2015 01-15 FDEP 14CO1 (11346 : 14CO1 Change Order #2) 16.A.4.b Packet Pg. 1036 Attachment: 14CO1 DEP CO2 (11346 : 14CO1 Change Order #2) 16.A.4.b Packet Pg. 1037 Attachment: 14CO1 DEP CO2 (11346 : 14CO1 Change Order #2) 16.A.4.b Packet Pg. 1038 Attachment: 14CO1 DEP CO2 (11346 : 14CO1 Change Order #2) 16.A.4.b Packet Pg. 1039 Attachment: 14CO1 DEP CO2 (11346 : 14CO1 Change Order #2) 16.A.4.b Packet Pg. 1040 Attachment: 14CO1 DEP CO2 (11346 : 14CO1 Change Order #2) 16.A.4.b Packet Pg. 1041 Attachment: 14CO1 DEP CO2 (11346 : 14CO1 Change Order #2) 16.A.4.b Packet Pg. 1042 Attachment: 14CO1 DEP CO2 (11346 : 14CO1 Change Order #2) 16.A.4.b Packet Pg. 1043 Attachment: 14CO1 DEP CO2 (11346 : 14CO1 Change Order #2) 16.A.4.b Packet Pg. 1044 Attachment: 14CO1 DEP CO2 (11346 : 14CO1 Change Order #2) 16.A.4.c Packet Pg. 1045 Attachment: 14CO1 Change Order 01 (11346 : 14CO1 Change Order #2) 16.A.4.c Packet Pg. 1046 Attachment: 14CO1 Change Order 01 (11346 : 14CO1 Change Order #2) 16.A.4.c Packet Pg. 1047 Attachment: 14CO1 Change Order 01 (11346 : 14CO1 Change Order #2) 16.A.4.c Packet Pg. 1048 Attachment: 14CO1 Change Order 01 (11346 : 14CO1 Change Order #2) 16.A.4.c Packet Pg. 1049 Attachment: 14CO1 Change Order 01 (11346 : 14CO1 Change Order #2) 16.A.4.c Packet Pg. 1050 Attachment: 14CO1 Change Order 01 (11346 : 14CO1 Change Order #2) 16.A.4.c Packet Pg. 1051 Attachment: 14CO1 Change Order 01 (11346 : 14CO1 Change Order #2) 16.A.4.c Packet Pg. 1052 Attachment: 14CO1 Change Order 01 (11346 : 14CO1 Change Order #2) 16.A.4.c Packet Pg. 1053 Attachment: 14CO1 Change Order 01 (11346 : 14CO1 Change Order #2) A:'.\i1ENDM ENT No. I DEP AGREE'.\-H:NT No: 14COI FLORIOA DEPARTMENT OF ENV IR01'MEN r AL PROTECTION DIVIS ION OF WATER RE STORATION ASSISTANCE BEACI I MANAGEMENT FUNDfNG ASS ISTANCE PROGRAY1 STATE OF fLORJDA GRANT AGREEMENT FOR COLLI ER COUNTY BEACH NOURISHMENT 'I I !IS AGRF.EMF.:--IT is ente red into between th e FLOR IDA DEPARTMENT OF 1:.NV IRONMENTA L PROTECTION (hereinafter referred to as th e "DF.PA RTM ENT"), whose address is 3900 Commonwealth Boulevard. MS 3601. Tallahassee, F lorida 32399. and COLLIER COUNTY, a local government (herei nafier referred to as the "LOCAL SPO:-.JSOR"), whose address is 2 800 Nort h Horses hoe Dri ve. Naples. Florida 34104, for the project desc ri bed herein . WI IF.REAS, the LOCAL SPONSOR has requested to extend t he expirat ion date and revi se the required deliverables in the Grant Work Plan and the DEPARTMENT has agreed ; and WI IEREA S, th e LOCAL SPONSOR has requested additional funds and deliverables to be added to the Grant Work Plan and the DEPARTMENT has agre ed . Accordingly, the Grant Work Plan is revised as set lo rth in A11achment A. and WHEREAS, other cha nges to the Agreement are necessary. ~OW , T l 1£Rl:FO RE , in cons iderat ion of th e mutual benefits to be deri,cd here from , the DEPARTMENT and th e LOCAL SPONSOR do hereby agree as follows: • Paragraphs l th rough 45 and al! anachments are hereby deleted in th eir ent irely and rep laced with the following : I. The DEPARTMENT does hereby re ta in the LOCAL SPOt\SOR to impleme nt the beach erosi on control project kn own as the COLLIER COUNTY BEA C H NOU RI SHM ENT, (he reafter referred to as the PROJ ECT). as defined in Attachment A (Grant Work P la n), a11ached hereto and made a part hereof. The LOCA L SPONSOR does hereby agree to perfom1 such services as arc necessary to implement the PROJECT in accordance with the ten11s and conditions set forth in this Ag reement, and nil attachmen ts and exhibits named herein that arc a11achcd hereto and incorporated by reference. For purpose s o f this Agreement, the tem1 s '·Grantee''. "Recipient'' and "Local Sponso r·· are used interchangeably . 2. I hi Agreement shall begin on the last da te executed and end on '.\inrc h 3 1, 2018 . Pursuant to Sec ti on 16 1.1 0 I ( 18). l·lorida Statutes , and 628-36.009, Florida Administrali.,,e Cod e. work cond ucted on th is PROJECT b) the LOCAL SPO ·soR o r its subcontractor and approved by the DEPARTMENT beginning on or alier :-.lovembcr I, 2010, may be eligible for reimbursement by the DEPARTMENT. 3. 1 he LOCAL SPO 'SOR shall implement th e PROJECT and co mp lete said PROJECT upon th e 1em1s and condit ions set forth in thi s Agreement and all presen t and future requ isite authorizations and environmental pennits. The PROJECT consists of th e placement of beach quality sand on approximately 7.S miles. among three segments of shorel ine wi thin Collier County, Florida. The segments consist of the following components : Vanderbilt Beach, approximately 1.6 miles DE P Agreeme nt l'\o. 14CO I, Amendment No. I. Pngc l of 13 16.A.4.d Packet Pg. 1054 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) bct\\cCn DEPARTMENT Monuments R22 10 R3 I; Park Shore. approxirna1ely 2.2 miles between OEPARTME T Monuments RH.7 10 RS4.4; and ~aples, approximatel:r 3.7 miles between Dl:PART\'1El\T Monume nt s R58 to R79 . The life of the PROJECT is defined as 1en (10) year,, folio" mg completion of each construction C\ cnt. The parties exprc:ssl) agree that the provisions of 1his paragraph shall su rvive and be enforceable beyond the expi ra1 ion date of th is Agreement. 4 For 1asl..s, as specified in Table I in A11ach111cnt A. lh e LOCAL SPO~SOR sha ll develop a detailed Scope or Work which shall include a narra1ivc description of each 1ask, a corresponding detailed bu dge t for each deliverabl e und er 1ha11ask and a schedule for complc1io n of each tas k and deli verable. Each Scope or Work shall be a pp roved by the DEPARTMENT as to co nte nt, deliverables, and schedu le prio r to i11corpo ra1ing into th e a pp roved grant work plan as an amendme nt or change order to th is Agreeme nt pursua nt to pa ragrap h 39. 5. The DEPA RTMEl\T has de tcnnined 1ha t 80 .70 percent of the non-federal PROJE CT cos t is eligib le fo r staie cos1 shari ng. The refo re, 1he DE PARTMENT'S fin ancial obligation shall no1exceed 1he sum of $1,926,954.78 for 1h is PR OJEC T or up to 32.24 percen t of 1he non-federal PR OJECT cost fo r Tas k 2.1, 2.2, 3.1. 3.2, J.3, 3 .4 and up to 40.35 percent fo r Tas ks 2.3, 2.4, 3.5, 3.6, 4.1, and 4.2. if a ppli cable, for the spccilic e li gible PROJ ECT items listed, whichever is less . Any indicated federal cost shari ng percentage is an e stimate and shall not affect the cos t sharing percentages of the non-fede ral sha re. 6. The DEPARTMENT and the LOCAL SPONSOR agree 1hat any and all activi t ies associated wi th the PROJECT that are not shown in the Grant Work Plan arc the n:sponsibi li1y of the LOCAL SPONSOR and arc nOI a pan of this Agreemen t. The LOCAL SPOl\SOR agrees that any costs for th e specific eligible PROJECT tasks that exceed the est imated PROJECT costs for that tas k shall be th e responsibility of the LOCAL SPOl\SOR . Any modifica1ions to the estima1ed TOTAL PROJECT COSTS sho" n in Att ac hment A, Table I. shall be pro' ided through formal amendment to this Agrecnu:nt. 7. All notices an d written communica tion be tween the parties shall be sen t by electronic mail, U.S. Mail, a courier delivery se rvice, or delive red in person. Notices shall be considered de li vered when reflected hy nn electronic ma il read rec eipt. a courier service delivery receipt. othe r mail service deliv ery rec eipt, or when receip t is ac knowledged by recipient Any notices between the parties shall be delivered to the con tac1 person at th e addresses below: LOC AL SPONSOR Gary Mc Alpi n Co ll ier Count} 2800 Nonh I lorscshoe Drive Naples. FL 34 I 04 (239) 252-5342 gan·mca lpin@co ll icrgov .ne1 DEPARTYfENT Dt:na Vanlandingham, Grant Program Adminbt rator De partment of Environme nt al Protection Beach Management Funding Assistance Program 3900 Commonweallh Blvd, MS 360 I Tallahassee, rlorida 32399 (850) 245-2970 Dena .Va nlandi ngl111m@dc p state .n .us DE P Agreement No. l 4CO I, Amend ment o. I. Page 2 of 13 16.A.4.d Packet Pg. 1055 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) /\n) change fr om the O EPARTMEl'\T to the contact infom1ation sho,,n abo'c or in paragraph 8 must be reduced to" riling in th e fonn of an email notification. 8. The LOCAL S P O~SO R 's Project Manager for a ll matters is Gary Mc/\lpin, Phone: (239) 252-5342 . The DEPARTMEl'ffs Project Manager fo r a ll technical matters is Vincent George, Phone : (850) 245- 2972 and the DEPARTME. T's Grant Adminis trator for all administrative matters is Dena Van Landingham, Pho ne: (850) 245-2970. 9 1'11c LOCAL SPONSO R shall perform as an independent contractor and not as an age nt, represen tat ive, or employee of the DE PARTMENT. I 0. The LOCAL SPOl'\SOR sha ll perfonn the services in a proper and satisfactory manner as de1em1i ned by th e DE PARTM ENT. I I. Any and a ll equ ipme nt , produc ts or materi als necessary to perfonn these services, or requi remen ts as further stated herei n, shal l be supplied by th e LOCAL SPON OR . 12. I he State of Florida's pe r formance and obligatio n to pay under t his Agreement is cont in gent upon an annual appropri ation by the Legis latu re of the State of Florida and i.ubject to the release of funds appropriated 10 the DEPARTMEl'\T . The pa rt ies hereto understand that this Agreement is not a commi tmen t of future appropriat io ns . Authoriza t ion for continuation and completion of work and pa) mcnt associated the re\\ ith may be resci nded "ith pro per not ice at the discretion of the DEPARTME . T if Legis lative appropriations are reduced or eliminated . I 3. 1 he LOCAL SPONSOR agrees to maintain the public beach access ~i l e and publ ic pa rk ing spaces, as iden tified in Attac hm ent B (F undin g El igibili ty ), artached hereto and made a pa rt he reof, for public beach use thro ughout the life of th e PROJ ECT as established under th is Ag reem ent. The life of the PROJ ECT is defined as ten (I 0) years following the completion of each construct ion C\Cnl commenc ing upon exec ut ion of this Agreeme nt. tr at any t ime the LOCAL SPONSOR fails to mai nt ain t he pub lic beach access s it es and public pa rking, the LOCAL SPONSOR agrees to rei mburse t he DEPARTMENT all funds provided by the DEPA RTMENT associated wi th any beach access site and /or parki ng spaces which are no longer available to the public for a I 0-year pe r iod. All pub lic parking must be clearly s igned or otherwise des ignated as pub lic bench access parking. 14. A . In accordance with Secti on 21 6.181 (I 6)(b), Florida Statutes, the DEP ARTME NT, upon written req uest fro m the LOCAL SPONSO R, including j ust ific at io n for sa id reques t, and \Hi ttcn approva l fro m the State Chief Financial Officer. may provide an advance payment to the LOCA L SPONSOR. In addi ti on to the wr itten req uest for adva nce payment , the LOCAL SPONSOR sha ll a lso co mplete and subm it the applicable portions of Attac hm ent C (Ad,•a nce P ay me nt Just ifica tion Form). attached hereto and made a part hereof. Consideration fo r advance pay ment is at the discretion of the DE P ARTME~T. and shall be limited to eligible stud i:!s and PROJECT construction costs idcntiticd in Table I . The LOCAL SPO SO R 's expenditures shall draw proportionall) upon both the LOCAL SPONSOR 's funds nnd the DE PARTMENT's adva nced funds in accordance with the cost share ratios established pursuant to this Ag reement . 13 . If ad\ancc payment is authori1cd , the LOCAL SPO~SOR shall temporaril) invest the advanced fund:. in an interest-beari ng accounl. The l.OCAI SPO~SOR shall be responsible to the DC:PA RTMEJ\T for a quarterly account ing of such funds . The tcnn "quarterly" shall reflect t he cale nda r quarters ending Marc h 3 I, June 30, Seph:mbcr 30, and December 3 I. OEP Agreement No. I 4CO I, Amend men t No . I. P a~e 3 of 13 16.A.4.d Packet Pg. 1056 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) C . Attac h ment D (Advance Paymcn l -ln ccrcst Earn ed Memorandum), anached hereto and made :i part he re o f, is prov ide d as a sam pl e of the document ge nerated intema lly each calendar quarter b)' the DEPAR TMENT's Bureau of Fin ance and Accoun ting for agreements that authorized an advance payment . The DEPARTMEI' I ·~ Grant Administrator sh all forward such mem orandum to the LO C AL SPONSOR's Project Mana ge r, wh o shall be re sponsible fo r co mpleti on o f the applicab le interest s tatem ent deta ils and sub miss ion to th e DEPARTMEtff each quarter. Intere st inco me sha ll be documented b) the LOCAL SPONSOR 's su bm iss ion of a c urrent sta te ment of account from the finan ci al ins tituti on or agent\\ here such funds are inves ted. Inte re st in co me sha ll be rctumed to the OEPART:viENT. withi n thir1)• (30) cnlc nd ar day s fo ll owin g eac h qua rt er as se t forth under thi s Agreement. This re sponsi bility s hall continue as long as advan ced fund s rem ain "'i1 h the LOCAL SPONSOR or until construction is com p le ted and a final accounting on th e advanced fund s is com plet ed and the unused funds and interest due th e DEPARTM EN T are returned to the DEPAR T MENT . Unused fund s, and inter est accn1ed on any unu sed portion of advanced fund s which ha ve not been rem itted to the DEP ARTMENT, shall be returned to the DEPARTMENT within six ty (60) calende r doys of the com pleti on of th e construct ion porti on o f this PR OJECT. Unu sed funds advanced to the Uni ted States Army Corps o f Engineers {USACOE) thro ugh LOC AL SPONSORS will be due s ixty (60) ca lendar days after the Federa l fi nal acco unti ng ha s been com plet ed . D. ·1 he pa rtie s hereto ac knowledge that the Stat e Chie f Finan cial Officer may identify additional n.-q uin:men ts that mu st be met in o rder for ad\ ancc pa) ment to be au th orized. If additional requ irem e nts are imposed by th e State Chief Financial Officer, the LO CA L SPONSOR sh all be notified , in wri1 ing , b) th e DEPARTM ENT'S Grant Adminis trator regarding the additi onal require men ts . Prior 10 releas ing an) funds, the LOCA L S PONSO R shall be required to provide a wri11en ackn owle dgement 10 1he DEPARTMEl"T's Grant Adm inistrator o f the LOCAL SPO!\SOR 's acceptance of the tcnn s imposed b) 1he Sta te Chief Financial Officer for release of funds. 15. As cons ideration fo r 1he satisfact ory complet ion of the e li gible work ide ntified in Attachmen t A and approval of1hc \\Or k by the DEPARTMENT, 1hc DEPARTML:.NT agrees to compen sa te 1he LOCAL S PO NSOR on a cos t-rei mburs ement basis. All reque sts for re imbursement sha ll be made in accordance with Attachment E (Co nt rac t Paymenl Requirements ), anaehed hereto and ma de a part he re of, and Stat e gu idel ines for all owable cos ts fou nd in the Department of Financial Services· Refe ren ce Guide for Slate Ex pendi tur es at http ://www.lklfs.com /aad ir/refercnce%5 Fguide. Th e LOC AL SPONSOR s hall ~ubmit a req uest for rei mbursement o f fun ds on the fonns pro vided as Attachm ent F (Request for P11y ment , PARTS I -IV). a11 ac hed hereto and made a part hereof. fhese fonns are 10 be submitted up o n com pleti on of de li verables identified in the appro ved Grant Work Plan . These forms shall be certified as accurate by the LOCAL SPOKSOR's Project Manager and the LOCAL S PONSOR's Proj ect Finan cial Officer an d submitted to th e DEPARTMENT as a pa yment request. All bill s for amoun ts due un de r th is Agreement sha ll be s ub mitted in detail su ffi c ient for a proper pre-audit and post-aud it thereof. All reques ts fo r 1he rei mbursement of tra\ c l ex pens~ shall be based on the tra vel limits es1ablishcd in Section 112.061, r:Jo rida S1at ute s . A final invoice sha ll be due no la ter than thirty (30) ca le nda r da)s following the completion date of thi s Agreement. The DEPARTM E>J T will not release fund s for construct ion activities unti l s uch tim e as all requisi te auth orizat ions. environmental pem1i ts, and \ariance , including thos e required pu rs uan t to Chapters 16 1, 253. 258 and 373, Florida Statute s. ha\c bee n obtai ned. The fi nal pay ment will not be processed un til the match requi re ment ha s bee n met. 16. rhc DEPARTMENT's Proj ect Manager sha ll have th irt> (JO) calendar days af1er receipt o f each requc I for pa)mCnl 10 determine th at th e "~o r!.. has bee n accompli shed in accordance wi th th e term s ond co nditions o f thi s Agrecmc11t prior to approv in g th e reque s t for paym ent. It is unders1 oo d and DEP Agree ment No . I 4CO I , Amendment l\o. I, Pa ge 4 of 13 16.A.4.d Packet Pg. 1057 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) agreed that any reque st for payment that req uire!> the DEPA RTMENT to request addit iona l infonnat ion o f the LOCAL SPONSOR shall stop time for the DEPA RTME!'IT's review period and will re set \\hen such info rmati on is rece i.,,ed as requested b~ th e DEPARTM ENT . Upon approval of the request for pay ment , th e DE PARTMENT sha ll disburse the fu nd s due th e LOCAL SPONSOR . Reta in age of I 0% of the di sbursement may be held o n account for each deli\ crab le in the disbu rsem ent that repres en ts a portion o f the co mplete s ub task. The c um ula t ive amo unt reta ined for each eligible dcli,erabl e item s hall be disbursed to the LOCAL SPO'ISOR afte r the DEPAR TMENT has certified that the LO C AL SPONSOR has co mplie d wi th all the term s and conditio n of th e Agreeme nt. The DEPARTME~T will per iod ica lly req uest proof o f a tran act ion (invoice , payroll regi s ter, etc .) to evalua te the appro pr ia teness of costs to th e Agreemen t pu rs uan t 10 State and Federal guidelines (i ncluding cost alloca ti on guid elin es), as appropriate . When requeste d, thi s inform atio n mu s t be provided within thirty (30) calendar days of such reque st. If app licable , th e LOCAL SPONSOR may also be required to su bmit a cost all ocation plan to th e DEPARTMENT in support of its multi pli ers (overhead, indirect, gt'nc ra l admi nisrrativ t' cos ts, an d fringe henefit s). 17. For the durati on o f this Agrcemcnt. the LO CAL S PON SOR shall submit to the DEPARTMENT's Project Ma nager on a quarterly basis, Att achment F (P roj ec t P r og r es s Report, Part 111), as updates to the project sc hedule , no late r than thirt) (30) calendar days folio" ing the com ple tion date o f the qu art erly reporting peri od in which the PR OJECT is underwa y. T he tenn '·q ua rt erl y" s hall renect the cale ndar quarters ending Ma rch 31, June 30. September 30, and Dece mber 31 . Progres s reports are to be submitted electronically in Word .doc or .pdf. lnfonnation pro\ ided '\hall be the be st ava il able and shall repre sen t the most accu rate for ecast of futu re eve nts . Spec ifi c in fom1a ti on to be inc luded in the quarter!) report: la!>l..s to be completed, start a nd lin is h dates, task du rati on, and actua l s tart and finish dates with ac tual task dura t ion . In cases \\h ere no reimbu rsem ent ill sought for a given quarte r. all applicable po rt ions of the progress repo rt must st ill be com ple ted and sub mitte d . The tim ely s ubm ittal of the se q ua rt erl y rep orts ''ill re sult in poi nt s for the ranl..ing of fu tu re projects und er the Bea ch Management runding Assis tance Program . 18. Upon co mplet ion o f a task or the PROJECT, the LOCAi S PO NSO R sh all s ubmit to th e DEPARTMENT a cert ifi cation o f completion. auachcd hereto as Attac hme nt G (P r ojC(t Co mpletion Certification). A final PROJECT certification in spec t ion shall be made by th e DEPARTMENT wi thin s ixt y (60) calendar days aft er the PR OJECT is certilicd comp let e by the LOCAL SPONSOR . l 9 . The l.OC A I. SPO:"JSOR shall. at a minimum. comp ly with monetary limit s for competitive acquisition of bot h ma terials and services as required by Chapters 287 and 255, Flo rida Statu te s, as applicable, and Subsecti on 161. I 0 l ( 17), Florida Statut es, wh ich arc express ly made a part o f thi s Agreement and incorporated herei n by referen ce as if fully se t fo rth . A. Purs ua nt to Sec t ion 255 .0991 , r .S .. for a competit ive so licitati on fo r constru cti on services in \\ hieh 50 percent o r more: o f the cost will be pa id fr om state-appropriated fund s which have been appropriated at the time of the compctiti"c so li citation, a state, college, coun ty, muni cipa l it~. school di str ict, or other political s ubdivi sion of the i.ta te may not use a loc al ordi nan ce or regula ti on that provides a prefere nce based upon: I) 1 he contracto r's mai ntai nin g an office or place of bus iness \\ it hin a particular loca l jurisdict io n; 2) T he contractor's hir in g empl oyees or s ubc ontra ctors fr om wi thin a pa rticul ar loca l j uri sd icti o n; o r 3) The co ntrac tor's prior paymen t o f local taxes, asse!>s mcnt s, or duti es ,.,,ith in a partic ula r local jurisd iction. DEP Agreeme11t l\o. I 4CO I , Amendm1.:11 t No . I. Pa ge 5 of 13 16.A.4.d Packet Pg. 1058 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) B. for an} competitive solicitat ion that meets the cr it eria in Paragraph A., a sta te college, count), municipality. schoo l distric t, or other polit ical subdivi io n of the state .\hall disclose in the solidtation docume111 that an) applicable local ordinance or regulation does not inc lude any preference that is prohibited by Paragraph A. 20 . The applicah le provisio ns o f Chapte r 161, Florida Stat utes, en t it led "'Dennis L. Jont:s Beach and Shore Pre crva ti on Act'', and any ru les prom ulga ted therefrom, are expressly made a pan of this Agreement and are incorporated herein by reference as if fully set fo nh . 2 . Each pany he reto ag rees that it s hall be solely res ponsible for th e neg li ge nt or wrongful acts of its employees and agents. However. no thing cont ained here in shall const itu te a waiver by either pany of its sovereign immunity or t he provisio ns o f Section 768 .2 8, Florida Statutes. Funher, no th ing he n:in shnll be co nstrued as consen t by a stat e agency or s ubdivision of the St at e of r-lorida to be s ued by thi rd parti es in any ma tt er aris ing out of any con trnc t or th is Agreement . 22. A. The DEPA RT MENT may tenninate this Ag ree ment at any time in the event of the fail ure of the LOCAL SPONSOR to (ulfill any of its o b ligation under this Agree ment. Prior to te nninat ion, the DE PARTMEN T sh all provide ten (10) calc::ndar days' written notice of its intent to tc n ninate and shall prov ide the LOCAL SPONSOR an oppo rtu nity to consult \\ ith the DEPARTMENT regardi ng th e reason(s) for termi nation . Ll I he OEPART~1 ENT may tenninatc this Agreement'' ithou t cause and for its conve nience by giving thin) (JO) calendar da) s' Millen notice to the LOCAL SP01'SOR . ~otice shall be sufficient if ddivered purs uan t to paragra ph 7 as set forth in this Agreement. C. The DE PARTMEl\1 may tenninate this Agreement in th e event that all tasks identified in Att ac h ment A, G ra nt Wo rk P la n have been certified complete and approved by the DEPARTMENT, and all eligib le re imburse ments have bee n pro\ ided to the LOCAL SPONSOR . Prior to tenni nation. the DE PART MENT shall provide ten (I 0) calen da r days' written not ice of its intent to termina te and s hall provide the LOCAL SPONSO R an o pponuni ty to consult with the DE PARTMENT to \crify tha t all eligible items have been comp leted an d reimbursed. 23. No paym ent wi ll be made for del ive ra bles deemed un sat isfac tory by the DEPA RT M ENT. In the even t th at n delive ra ble is dee med unsa t isfac tory by th e DEPART MENT, the LOCAL SPONSO R sha ll perfon n th e services again as needed for s ubmitt a l of a sati sfac tory ddivcrab h.:, at no add it iona l cos t to t he DEPAR TME l"\T, wi thi n te n (10) calendar days of bei ng notified of th e unsa t isfac tory de liverable . If a satisfactory de liverable is no t !>Ubmitted withi n the spec ified t ime fr ame, the DE PART MEN T ma>, in it:. sole discre tion, eithe r: I) tem1ina te this Agreement for failure to perfonn , or 2) the DEPA RTME~T'S Project Man ager may, by letter s pecif) ing the fai lure of pe rformance under this Agreement, request tha t a proposed Correct ive Actio n Plan (C' AP) be submitted by the LOCAL SP01'SOR to the DEPA RTME1'T . All CAPs must be able to be imp lemented and perfonned in no more than six t) (60) ca lendar days . A. A CA P shall be submill ed '' ithi n 1en (I 0) calendar dayi. of the date of 1he letter request from the DEPARTMEl\T . The CA P shall be sent to the DEPARTMENT's Project Manager for rev iew and appro\a l. Withi n ten (I 0) calendar days of receipt of a CAP , the DEPA RT ME1'ri- shall nottf) the LOCAL SPO~SOR in wri t ing whether the CAP proposed has been accepted . If the CAP is not accepted, th e LOCA i. SPONSOR c:hall have ten (I 0) calendar days fr om recei pt of the DEPARTMENT lett er rejecting the proposal to submit a revised proposed CAP. railu rc to obtain 1he DEPA RT M ENT approval of a CAP as specified above shall resu lt in the DE PART MENT'S tcnninat io n of this Agreement for cause ai. autho rized in this Agreeme nt. DE P Ag ree ment No. l 4CO I, Amend men t No . I, Page 6 of I J 16.A.4.d Packet Pg. 1059 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) 13 . Upon th e DEPARTME~T'S notice of acceptance of a proposed CA P, the LOCAL SPONSOR shall ha"e ten (I 0) calendar days to commence implementation of the accepted plan . Acceptance o f the proposed CAP h) the OF.PARTMF.?\T docs not relieve the LOCAL SPONSOR of any o f its obl iga t ions under the Agreement In the event the CAP fails to correct or eliminate perfonnance deficiencies by LOCAL SPONSO R, the DE PA RTMEI"T sha ll rl!tain the right to require additional or further remedial steps, or to term ina te this Agreeme nt for failure to perfonn. No actions ap proved by the OEPART ME?\T or steps taken by the LOCAL SPONSO R shall preclude the DE PARTMENT from subsequently asserting any deficiencies in pcrfonnance. The LOCAL SPONSOR shall continue to im pleme nt the CAP unti l all defic iencies arc corrected. Reports on the progress of the CAP will be made to the OEPARTMl:NT as requested by the OEPARTMEN T's Project Manager . C. Fail ure to re spond to the DEPA RTM ENT's request for a CA P or fai lure to correct a deficiency in the performance of the Agree men t as specified by the DEPARTMENT may re sult in termination of th is Agreement. The remedies set fonh above arc not exclusive and the DEPARTMENT reserves the righ t to exercise other remedies in add ition to or in lieu of th ose set fo n h abo\ c, as pc nnitted by thi s Agreement. 24 . Record s made or received in conju nction with thi s Agreement are public records. TI1is Agreement may be unilatcrall~ canceled b) the DE PARTMENT for unla,,ful refu!.al b) the LOCAL SPONSOR 10 nllo" public access to all documents, papers, le«e rs, or other materia l made or received by lhc LOCAL S PO\lSO R in conjunct ion with this Agreement and subject to disclosure under Chapter 119, Fl orida St:itutcs and Section 24(a) of Anicle I of the State Constitution . 25. :!6 . A . The LOC A I. S PONSOR shall maintain books, records and documents directly pertinent to pcrfom10ncc under this Agreement in accordance with generally accepted accounting principles consistently applied. The Ot::f>AR ·1 MEN r, the State, or their authorized representatives shall have access to such re cord!. for audit purpose !. during the tem1 of this Agreement and for live (5) years following the completion date of' this Ag reement. In the event any work is subcont rac ted, the LOCAL SPONSO R sh all s imilarly require each subcon tractor to ma int a in and a ll ow access to suc h records for audi t purposes . 13 . The LOCAL SPONSO R unders tands its duty, pursuant to Sec t ion 20.055(5), F.S., to cooperate wi th th e DEPART MENT 's In spector Gene ral in any invest iga t ion , audit. inspectio n, re view, or hearing. The LOCA L SPONSOR wi ll comply with th is duty and ensure tha t its subcont racts issued under t his Gra nt , if any. impose th is requi rement, in writin g, on its subcontrac tors. J\. In addition to the requirements of the preceding paragraph, the LOCAL SPO'KSOR shall comp ly with the applicable provisions contained in Attach me nt II (S pecial Audit Requirements), attached heret o and made a pan here of F.lhihit I t o Atta chm ent II su mmar izes the funding sources supporting the: Agreement for purposes of assisting the LOCAL SPONSOR in complying ''ith the req uiremen ts o f' Attac hment H . A re vised copy of Ex hib it I must be pro \ ided to the LOCAL SPONSOR for each amendment that au th orizes a funding increase or decrease . If the LOCAL SPONSOR fails lo receive a revised COP} of Exhibit I. th e LOCAL SPOJ\SO R s hall notify the DF.PARTME~T's Grant Administrator at 850 /~45-2970, to request a copy of the upda ted infonna t ion . DEP Agreement No . I 4CO I , Amendment No. I, Pa ge 7 of 13 16.A.4.d Packet Pg. 1060 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) l3 . I he LOCAL SPO>JSOR is hereby ad,i.ed 1ha1 the Federal and /or Flor ida Single Audi! Act Requireme nt s may further appl) 10 IO\\cr tit:r 1ransac1ions tha t ma y be a result of this Agreemen t. The LOCAL SPO~SOR s hall consider the 1:--pe of financial assis tance (federal and /or s tale ) identified in Alt ac hm c nt H, E~hibi t 1 "hen making its detenninalion. For federal financial assis1ance. th e I.QC AL SPONSOR i.hall utilize the gu idance provided under OMB Ci rcular A-133, Subpart D, Sec1ion __ .210 for de tennining "helht'r the relationsh ip n:prc)ents that of a sub recipient or vendo r. Fo r srn te financial assis1ance, the LO CAi. SPOl\SOR shall ut ilize the fo m1 en t itled "Checklist for Nons tate Organizations Reeipient/Subrecipient vs Vendor Dett'nnination" (fom1 nu mber DFS-A2-~S) tha t can be found under 1he ·'Links/Forms" section appearin g at 1hc following wcbsi1e: h11ps://a pps .f1dfs.co m/fsnn Thc LOCAL SPONSOR should confer wi th its chief financial officer, or aud it di rector or contac1 th e DEPARTMENT fo r assistance with q uestio ns perta ining to 1hc applicability o f these requiremen1s. 27. In accorda nce with Section 216.347. Flor ida Statules. the-LOCA 1. SPONSO R is hereby prohibited fr om uc;ing funds provided by this Agreement for !he purpos~s of lobbying 1he Legis lat ure , the judicial branch or a sl ate agency . Further, in acco rd ance '' ith Section 11 .062. Florida Statutes, no state funds , cxclu:.ive of salaries, travel expenses, and pe r diem , appropriated to, or othen' ise availab le for use by, any l!xecut ive, judicial, or quasi-judicial <lt'partmcnt sha ll be used by any state emplo}ec or 01her per~on for lob bying purposes. 28 . The LOCAL SPONSOR covenan ts that ii presently has no interest and shall not acquire any interest th at \\Ou Id conflict in any manner o r degree with the performance of sen-ices required . 29. I hi:. Agn.:cmcnl ha~ been delivered in the State of florida a nd shall Ix: construed in accordance with thl! laws of r-lori<la . Whereve r possible. each provision o f thi s Agreement shall be interpreted in such manner as to be effective and \alid under appli cab le lav •. If any provision o f th is Agreeme nt shall be prohibited or invalid under applicable law, such provision shall be inefTcctive to the extent of suc h prohibition or invalidity, without inva lidat ing the remainder of such provision or th e remaining provision s of thi s Agreement. Any action hereo n or in eonnee lion herewith s ha ll be brought in Le on County, Flo rid a. JO. No delay or fa il ure 10 exercise any rig ht, powe r or remi:dy accruing to ei ther party up on breach or dcfnuh by either party under thi s Ag re em ent , s hall impair any su ch ri ght, power or remedy of either party . or s hall such delay or fail ure be constru ed as a waiver of any such brea ch or default, or any s im ilar breach or default thcre afi t'r . 31. To the extent required by law, th e LOCAL SPONSOR will be self-in s ured against , or wi ll sec ure and maimain during 1hc life of this Agreement, Workers· Com pe nsation Insurance for all of its emplo> ees connec1ed with the work of this PROJECT. In the case any \\Ork is subcontracted , th e LOCAL SPONSOR s hall require the subcont ractor similarly 10 provide Worke rs' Compensation Insu rance fo r all o f the subcontractor's employees un le ss such cmplo} ees arc covered by th e prote ction affo rded b) the I OCAL SPO\ISOR . Such self-insurance program or ins urance co,crage shall comply fully wi1h the Fl orida Worker<;' Compensation La"', Chapter 440, Florida Statutes . In case any class of employees engaged in haza rdous work unde r thi s Agreement is not protec1ed under Workers' Compensati on sln tut es, the LOCI\ L SPO~SOR shall provide, and cause each s ubcont ractor 10 provide. 11dcquatc insura nce sa1i sfac tory to the DEPARTMENT, for the protect ion of its emp loyees nOI 01he rwisc protected. DEP Agreement No. 14COI. Amendment No. I. Page 8of13 16.A.4.d Packet Pg. 1061 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) --------------------------- .... ., .)_ /\. . rite LOCAL SPONSO R shall sec ure an d mai ntain Com merci al General Liab ility in surance including bodily inj ury and propert) damage. The mi nim um lim its of liability shall be $200.000 each occurrence and $300,000 aggregate . Thi s insura nce will provide cove rag e fo r all claims that may arise from the servi ces and /o r operat ions completed under thi s Agreement , whet her suc h services and /o r operation<. arc b) the LOCAL SPONSOR or an) one direct I) or in directly emp lo) cd by him . Suc h insurance shall include the State of Flor id a as an Additional In su red for the entire length of the Agreeme nt. B. The LO CA L SPONSOR shall secure and maintain Commercial Automobile Liabi li ty insurance fo r all clai ms which ma y arise from th e services and/or operati ons under thi s Agreement, whethe r such services and /or operations are by the LOCAL SPONSOR or by anyone dire ctly , or indirec tl y employed hy the LO CAi. SPONSO R. The min imum limit s of liab ili ty sha ll be as follows: $3 00,0 00 Automob ik Liabili ty Co mbined Single I im it for Co mpan y Owned Veh icles, if a pp licable $300,000 Hired and No n-owned Automobi le Liability Coverage C . If an) \\Ork proceeds over or adja cen t to wa ter, the LOCAL SPONSO R shall sec ure and ma int ain, as a pplicable, any o the r type of required insurance, including but not limi ted to Jones Act , Longshoreman 's and Harborma ster 's. or thl.' inclus ion o f any a pplicable rider to \\Orkcr's compen sation insu ran ce. and any neccssai: "atcrcra ft insurance. with limits o f not less tha n $300.000 each. In addi t ion. the LOCA L SPONSOR shall inc lude these requ irements in an) sub grant o~ subcontract iss ued for the perfonnance of the work spec ified in Attachment A, Grant Work Pl an. Questio ns concerni ng requ ired cove ra ge s hould he directed to the LIS. De partment o f La bor (htt p ://ww, ... tlol.gov/ow cp/dlhwc/lsco111ac .ht m) or to t he parties' insurance carriers. 0 . All insura nce poli ci es sha ll be with in!>urers li censed o r eligib le to do business in the State of Florida . The LOCAL SPO NSO R's curren t certi fi ca te o f insu ra nce shall contain a provis ion that the insurance will not be ca nceled for any rea son except after thirty (30) calendar days' writte n notice (wi th the excepti on of no n-payment of premium whi ch requires a IO·calendar-day not ice) to the OEPARTMl ·.NT's Procurement Admi n istrator. 33 . T hi s Agreement is neither intended nor shall it be co nstrued to grant any right s . privileges or interest in any third party without the mutual writ1en agreement o f the panics hereto . A. No person. on the grounds of rac e. creed, color, rel igion, na ti on al origi n, age, gender, or disauili1y, s hall ~ exduded from participat ion in; be denied th e proceeds or bene fits of; or be othe rwise subjected to discrimination in pcrfonnan ce of thi s Agreeme nt. 0 . An ent ity or affiliate \\ho has been placed on the di sc rim inator}' vendor li o;t pursu an t to section 287 .134 , Flo rida Statute , may not sub mit a bid on a cont rac t to provide goods or services to a public entity. ma) no t submit a bid on a contrac t with a public entity for the construction or repair of a public building or pu blic worl.., may not s ub mll bi ds on leas es of real pro perty to a public entit ), may not a"' ard o r pcrfonn work as a co nt rac tor. s upplier , subc ontra ctor. or consult an t under con tract wi th any public entit)', 1md may not tran sact bu siness with any public entif). T he Florida Department o f Management Serv ices is responsible for maintain ing the discriminatory vendor list and posts th e list on its website. Que sti ons re ga rding the di scri mi natory vendor list ma y be din:ctcd to the Fl orid a Department of Man age ment Sen-ices, Office o f Supplier Di' ersity at (850) 4 87-09 15. DEP Agreement No. I 4CO I, Amendment No. I, Page 9 of 13 16.A.4.d Packet Pg. 1062 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) 35. 36. A. The accounting systems for all LOCAL SPONSORS mu s t ensure that these funds arc not commingled \\ ith funds from other agencies . Fund fr om each agency mus t be accounted for ~cpara tely . LOCAL SPO ·soRS are pro h ibited fr om commingling funds on either a program- by-program or a PROJEC.T-by-PROJEC r basis. Fu nds spec ificall y budgeted and/or received for one PROJECT may not b1;: used to suppon another PROJECT. Where a LOCAL SPONSOR'i.. or subrecipient's. accounting system cannot compl) with this requirement , the LOCAL SPO~SO R , or subrecipient, s hall establish a sys tem to provide adequate fund accountability for each PROJECT it has been a\\ardcd B. If th e OEPARTMENT finds that these funds have been commingled, the DEPARTMENT sha ll have the right to demand a refund, either in whole or in part, of the funds provided to the LOCAL SPONSO R under this Agreement fo r non-c ompliance with the material tem1s of this Agreement. The LOCA L SPONSOR , up on such "ritten notification from the DEPARTMENT shall refund, and s hall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. In teres t on any refund shall he calcu lated based on the prevailing rate used by the State Doard of Administration . Intere s t shall be calculated from the date(s) the original payment{s) arc received from the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAi SPONSOR to the DE PARTMENT . C. In the event that the LOCAL SPONSOR recovers cos ts, incurred under this Agreement and reimb ursed by the DEPARTMENT, from ano ther so urcc(s), the LOCAL SPONSOR shall reimb urse the DEPARTM ENT for all rec overed funds origi nal!) pro"idcd under this Agreement. Intere st on any refund shall be calculated based on the prevailing rate used by the Staie Board of Administration. Intere st shall be calculated from th e date(s) the payment(s) are re co,ercd by the LOCA L SPONSOR to the date repa yment 1s made to the DEPARTMEN T b) the LOCAL SPONSOR. A The LOCAL SPONSOR shall not subcontrac1, assign, or t ran sfer any work under this Agreement without the prior vvTitten consen1 of the DEPART:v!ENT's Project Manager . Regardless of any subcont ract, the LOCAL SPONSOR i-; ultimately re sponsib le for all work 10 be performed under thi s Agreement . The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMEt\T within ten (10) calendar days after execution . The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work clements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payme nt of all monies due unde r any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to an)' subcontractor for any expen ses or liab ilities incurred under the subcon tract and that the LOCAL SPONSOR shall be solely I iable to the subcontrac tor for al I expenses and I iabi lit ics incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all tra\'cl reimbursement expenses based on the travel limi ts cstahlished in Section 112 061 , Fl orida Statutes . I. The LOCAL SP01'SOR may a\\ard, on a compc t iti\e basis. fixed price subcontracts to consultants/contractors in perfon11ing the worl.. described in Att ac hm en t A. Invoices submitted to the DEPARTME~T for fixed price subcontracted activities shall be supported with a copy of the s ubc ont ract or"s imoicc and a cop) of the tabulat io n form for the competiti' e procurement process (Im iwtion to Bid or Request for Propo sals) resulting in the fixed price s ubc on tract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above . In thi s instance, the LOCAL SPO 'SOR shall request the advance written approval frorn thl! DEPARTME . l .. s Project Managerofthe fixed price DF.P Agreemen t No. I 4CO I, Ame ndmen t No. I, Page I 0 of 13 16.A.4.d Packet Pg. 1063 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) negotiated by the LOC AL SPO'\SOR . The letter of reque s t shall be supported by a detail ed budget and Scope o f Services to be pcrfonncd by the su bc ontractor . Upon re cei pt of the L>EPART\1E "T Proj ect Mana ger's appro' al of the fixed price am ount. the LOCAL SPO "SOR ma) proceed in finali1ing the fixed price subcontract. 3. A II s ubc o ntracts are s ubject to the pro.,, is ions of thi s Agreement which affect subcont racting activities . U. The Ol~PARTMF.NT supports diver s ity in its procureme nt pro gra m and reques ts that all su bc ontract ing opportunit ie s afforded by thi s Agreement embrace diversity cnthusi asticall). The a wa rd of s ubcon tracts sh ou ld reflect the full d iversity of the citi ze ns of the State ofFlorida A lis t of Minorit y Owned firms that could be offered s ubc ontract ing opportunities may be o bta ined by contacti ng the Oflice of Suppli er Diversity at (850) 487-09 I 5. 37. Whcn applicahlc, th e LOCAL SPONSOR shall also no t ify the DEPARTMENT's Projec t Man ager of the selection of an int en ded s ubcont racto r for a constructi on ta sk and provide a tabula t ion list fr om which the intended subcontractor was selected. The LO CAL SPONSOR shall also prov ide the bid fo rm for the s ucce ssfu l bidder. The LOC AL SPONSOR shall select eligible consultant s licen sed to o ffe r se rvice s in the State of Florida for stu dies, desig n and permitting and monitoring tasks in accordan ce with Chapter 287, F. S. lJpon th e OEPART\1ENT's request. the LOCA L SPONSOR shall furni sh co pie s of the re s pective solicitati on docu me nts. Solicitation docum ent s include, but are not limite d to, the so lic itati on and responses thereto, th e bid ta bu lat io n!>, and the res ult ing contract(s), mcluding a detailed Scope o f Work . 38 . The purchase of no n-expendable equipment eostmg S 1,000 or more is not authorized under the term s an d condition!. of th b Agreement. 3CJ. The DEPARTMEl'T may at any t ime, by wrillc n order des ignate d to be a change order, make any minor modi fication s. as described be lo w. All change ordc:rs are s ubject to the mutua l agreemen t of bo th partic~ as evidenced in writing . An y change, which causes an increa se or decrease in th e LO CAL SPONSOR 's cos t or t ime , shall require fonn al ame ndme nt to thi s Agreement. Min or modifica t ion s which will be handled wi t h a change order include noti ficat ion of a modification o f deliverable due dates" he n such change does no t involve an exten sion of con t ra ct , and modifying the Grant Work Plan "'hen suc h modifica t ion s would not invo lve a de crea se/increase in total cost of the Agreeme nt o r an ex ten s ion of t he performance per iod of thi s Agreement. 40. f hc LOCAL SPONSOR shall comp ly wi th all applicab le federal, sta te and loc al rules and regulations in providing -;e rvicc s to the DEPA RTMENT under thi s Agreement. The LOCAL SPO 'SOR ackno" ledge s that thi s requirement include s. but is not li mited to. com pliance wit h all applicable lcderal, s tate and local health and safct) ru les and regula t ion!i. The LOCAL SPONSOR further agrees to include th is provision in all subco nt racts issued as n re s ult of th is Agreement. 4 I. ·1 he LCJCAL SPONSOR sha ll o bta in from each owner of up la nd pro pert)', \\hich is adjacen t to the erosion con trol PR OJECT. a s ufficient pro pert) interest in order to construct , maintain , monitor , and repair the erosion control PROJECT pr ior to entering each ind i\ idu al prope n y to conduct such ac t ivi tie s. 42 If a force majeu re occ urs that causes delays or th e reasonable like lih ood of dela} in the fulfillment o f the requirements o f this Agreemen t, th e LOCAL SPO NSO R sh all pr omptly notify the DEPA R TME~T orally . Wi thin seven (7) calendar da)s, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of' the ant ici pated length and cause o f th e del ay, the mea sure s taken or to be taken to minimize th e de lay and the LO CAL S PO~SOR 's intended timetable fo r implementat ion DE P Agre eme nt :-.lo . I 4CO I , Amendmen t No . I , Pa ge 1 I of 13 Q 1 . 16.A.4.d Packet Pg. 1064 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) of such measures . If the panies agree that the dela) or anticipated delay \\aS caused. or will be caused b)' a force majeure. the DEPART~1E . T ma}, at its di . cretion, extend the time for perfonnance under thi s Agreement for a period of time equal to the dcla} resulting fro m the fo~e majeu re upon execution o f an amendment to this Agreement. Such agreement sha ll be confinned by letter from the DEPART:v!ENT accept ing , or if necessaT), modif)ing the c"tensio11 . A force majeu rc shall be an act of God , strike , lockout, or other industrial disturbance, act of the pub I ic en em}. war, blockade, public rio t, lightning , fire, nood, expl osion, failure to receive timcl} necessary t hird party approvals through no fault of the LOCAL SPONSOR, and any other cause, whe ther of the kind specifically enumerated he rein or othe rwise , that is not reasonably within the control of the LO CAL SPONSO R and/or the DEPA RTMENT. The LOCAL SPONSOR is responsible for the perfo rmance of all services iss ued under this Ag reement. Failure to perfom1 by the LOCAL SPONSOR 's consul!an t(s) or subcontractor(s) shall not cons t itute a force majeure event. 43. This Agreeme nt may be execu ted in two or more counterpart s, each of whic h together sha ll be deemed an original, bu t all of which togethe r shall constitute one and the same inst rume nt. In the event that any signature is del ive red by facsi mile transmission o r by e-mail de livery ofa ".pdr' forma t data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is execu ted) with the same fo rce and effect as if such fac simile or ".pdf' signature page we re an original thereof. 4-1 . State and federal monitoring required b) permit is eligible for reimbursement pursuant to program statule and rule. In order to comply" ith Flo rida Audit or General report 2014-064 regarding conflicts of interest and to be co nsistent with s. 287.05 7( t 7Xa)( I ). rtorida Statutes , all monitoring data and statistical analysis must be pro' ided di rect I} and concurrent I} from the monitor to the DEPARTM Ef"T'LOCAL SPOt\SOR/pennitt ec/co nsuhant. The LOCAL SPONSOR must provide an adequate mitiga t ion plan, consistent" ith s. 28 7 .057(17 XaX I). Fl orida Statutes, including a descripti on of organizational , ph)sical, and electronic barrie r to be used by the LOCAL SPONSOR, that addre ss es conflicts of interest when con t racting multi-disciplinary finllS fo r PROJECT engineering and post-construction environmental monitor ing serv ice s, or when the PROJECT eng ineering firm subcontracts for post-construction env ironmental monitor ing. Envir onmen tal monitoring includes hardbottom , seagrass, and mangrove resource s. OEPART:v!ENT approval of the mitigation plan will be required prior to execu t ion of this Agreement. 45 . This Agreement represen ts the en t ire agreement of the parties . Any alterations, variat ions, changes , mod ifications or wa ivers of prov is ions of th is Agreemen t shall on ly be val id when they have been reduced to writ ing, duly s igned by each of the parties hereto, and attached to the origi nal of this Agreement, unl ess otherwise provi ded herein. REMAINDE R Or PAGE INTENT IONAi.LY LEH BLANK OEP Agreemen t N0. I 4CO I, Ame ndme nt No . I. Page 12 of 13 16.A.4.d Packet Pg. 1065 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) IN \\'I fNFSS \\.'llEREOF, the undersigned ha\c signed and ~'<ecuted this Agreement on the rc s pc~·tiH· date!> umlcr their ~1gnaturcs: COLLIER COU~TY Title Chainnan H :ID No . 59-6000558 I oc:il Sponsors J\ ttorney ( 1 f nece ssary) FLORIDA DEl'ARTMENT OF EN\'IRO~Ml:"1 I AL PROTEC'TIO~ l3y~ Depanmcnt of Environmental Protection Secretary or des1~rnec Date : _,_/_1 _ct_f 1__.~;;..._---- Department o f J:nvironmental P Grant Administrator '\ ·J i\ ~< )·~~ APPROVED as io fonn and lega lity: •i f someone oihcr than the Chainnan signs this .l\grccmen t, a rc!>olution. sta tement or other documentallon authorizing that person to sign the Agreement on behalf of the Coumy /C'i ty mus t accompany the Agreem e nt. Lil.1 o f A11achments 1Exhibits included ac; pan of thi s Agreement : Specify T)'µC A1111chmen1 A11achmcn 1 Auachmcnt Attachmen t A11:11:l11ncn1 Auachmcn t 1\t1J.:hmcn1 A1rnd11ncn 1 Lener/ ~umber A B c D E I (j II Description (include number of page s) Grant Work Plan (6 pages) runding Eligibility (4 page) Advanced Pa)'lncnt Jus11fica11011 Fonn (4 pagcs ) Advanced Payment lnten:st Earned Memorand um Sample (I page) Cont ract Payment Requirements (I page) Request fur Payment. Part s I · I\. (6 page:.) Pro.i ect Completion Cenifica1iu11 (I page ) Special Audit Requirements (5 pag e~) DEP Agreement . o. I 4CO I, Amendment No . I. Page 13 of 13 16.A.4.d Packet Pg. 1066 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) A TT AC H ~1E N T A GRA'.'i'T WORK PLAN Project Title: Co llic!r Coun t} Beach No urishment. Project Loca tion : The PR OJECT includes 7.5 mile s. am ong three segments o f s horeli ne\\ ithin Co llier Coun ty, I· lorida . The segments consis t of the follow in g components: Van derbilt Beach, approxi ma tely 1.6 miles between D[PARTMEJ\'T Mon ume nts R22 to R3 I ; Park Sho re, approximatel y 2.2 mil es between DEPARTMENT Mo nu ments R43 .7 to R54.4 : and Naples, ap proxi matel y 3.7 mile s between DEPARTMENT Monume nt s R58 to R 79 . P rojec t Backgro u nd : Rest oration wa s completed in 1996 followed by nouri sh ment in 2006 & 2014. The 2006 nouris hm ent PR OJEC T included a one acre mitigatio n reef to co mpensate for damage s to nea rshore hardbonom resou rc es. Funding ass istanc e was requested from the rcdcral Eme rgency Man agemen t Agency (FEMA) for Trop ical Storm Fay (2008) & for T ropica l Stom1 Debb) (20 12). Federal fun din g was approv ed to mitigate for bo th trof)ical stonn-induc ed erosio n events. rhe PR OJECT shall be conducted in accordance \\ith the term s and conditi ons se t fonh under thi s Agreement , all ap pli cable OEPARTMF.N T permits and the e li gible PROJ EC1 task items es ta blis hed be low. All data collection and pro cess ing. and the res ulti ng product t.ld iv crablcs, shall co mpl y with th e standards technical s peci fi ca t ion s co ntained in th e DEPARTMENT'S Monitorin g Standa rds fo r Beach Erosion Control Proj ec ts (20 14 ) and Processing Pl an and Geographic In formation System Guide line !., unl e:.s olhen' ise specified in th e apprO\ cd Sc o pe of Work (herein afte r referre d to as SOW) for an eligible PROJECT item . This plan ma)' be found at h!!P.:I/\\ W\\ .dep .sta te .fl .uslbeachc 'publica ti on. pdfl PhvsicalMoni toringS tandards.pdf. One (I ) el ec tronic cop) o f all written repo rt s de\ elo ped under th is Agreement shall be fo n..,ardcd to the DEPA RT ME NT, un less othcn' is e s pecified . The DFPAR TME N1 and the LOCAL SPONSO R agree that the estimated cos ts o f the PKOH:CT are identified in Tab le I below : REMA INDER OF PAGE INTENT IONALLY LEF T Bl.A:-.IK DEJ> Agre e ment 1o . I 4CO I , Amen dment 1o . I , All achment A. Page I of 6 16.A.4.d Packet Pg. 1067 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) TABLE I Es t ima ted Eligi bl e Project Cost S t a te Fcdcr.11 Tusl.. II Eligible Project Tasks Cusl Ei.1lmu1cd nr.r L ocal T o 1ol Shnrc Project Cui.ls (O/o) 2 .II Ocs iv.n 1111d Pcrmittinl! 2.1 Permit Moditicati..in for 2014 Collier 32.24 % s 114,701.54 $24 1.072.46 SJSS,774.00 Coum~ Nouri.~hmem Project 2 2 l'rclimi r ~'lry Coa"tnl Processes l~e vicw Jkrv.rt 32.24% $3.733.07 $7.845.93 S I I ,!'79.00 2 .3 Pcm1it Moditic.ition for 1 ruc k Haul 40.15% $52.395.55 $77.457.13 S l 29.H52.68 !2014 ) 2.•I l)cach l'roicct 15 Ycur Pcm1it 40.35% $49,132.58 $72.633.42 S 12 I , 766.00 Subtotal $219.%2.74 $399.008.94 S6 I 8 ,97 I .68 J.(I Con s truc1l o 11 3.1 Emcrgctl<.:)' ·1 ruck I lnul (2012) 32.24% SB .<>56 .00 Sl ll ,194 .00 S26,8S0.00 . ') Prc-C'on<>truc t iun ~c rviccs for 20 14 32.24% S57 .9')5.00 Sl21,8R9.00 $179,884.00 .> •• 1'ourishmcnt 3 .3 Co11s1rnc1ion Scrvicci. for 2014 N our i_., h me 111 32.24% $37,160.00 $78.101 00 S I 15.261.00 3.4 l roprcal !:>tonn Fay Nourishment 32 24% $5,459.386.59 $251,44 3. 75 $528,468.62 56,239.298.96 3 5 l rop..:al Storm [)cbhy Nouri.-.hmcnt 40 35% $2.256.4 23. 26 $130.066.67 s 192,279.51 $2,578,769.44 36 l'c riodic fruck 1 l aul Nourishment 40 .35% SI, 135.423.58 Sl.678.51J.42 S2,8 I 3,937.00 Subtotal $7.7 15.80?.85 St.620.745.00 $2.617,445.55 S I 1,954,000.40 4 .0 :vlonitorinl.! 4 .1 V cnr I l'oi.t-C'oru.truction Physic a I Monitorinl( (2015 J 40.35'!-., S27.177.41l $40.472.52 S67,8~0.00 .u Yc:ir I l'Ol.t-Constru..:t ion B iological 40.35% $58,869.56 S87.027.75 S l45,H97.31 Munitorir1i.t (2015) S ubto ta l $86,247.04 $127.500.27 $213,74 7.31 TOTAL PKO.I ECT COSTS S7,7 l 5,fHl9.85 s 1,926.954.78 SJ,143,954.76 $12 ,786,7 19.3 9 Ch ange s in PROJE(T costs that increase or decrea se the total funding amount s hall require a fo rmal amendment to the Agrc cmenl. Project Description : The t.lcliv erablci; li s t ed below arc t o he completed by t he LOCAL SPONSOR and a p1>rovcd by th e DE PARTMENT by the dur date listed. TASK 2.0 Design ant.I Permitting Tusk Oescripti on: The LOCAL SPO 'SOR '"ill acquire the profc~-;ional sen ices required for eng ineering and dc'iign. obtainin g cm iron mental pcnn it s and other authorizations and 1he preparation of plans and specifications fo r beac h nourishment. This it em speci fically excludes pennit applicat ion fees or an) o ther fees paid to the State of I· lorida . P l'rfornurn ce Sta ndard : All deliverables, reports, and monitorin g re sult s ''ill be circulated to the DEPAR T MENT for rc,ie" and comment When th e LOCA i. SPONSOR rece ives comments from chc DEPAR T MENT Project Manager ve rifying th at each de li verable meets the specifica t ions in the Grant Work Plan und thi s ta ::.k descrip tion and affinni ng th a1 the del iv erable is ncccptable. pay men t will Ix: <1uthorized for that dcl iv er:ib lc. DEP Agre ement No. I 4CO I, Amendment No. I, Atta chment A, Pag e 2 of 6 16.A.4.d Packet Pg. 1068 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) 2 .1 Permit M od ifi ca ti on for 2014 Collier Cou nt) No uris hm en t Proj ec t Design and Engineering Sen ices fo r the 2014 Collier Count ) Beach l'ouri shment PROJECT. Acquisi tion of Jo int Coastal Pcnnib (JC P) fr om the DEPARTME 'T & the Un ited States Am1 7 Corps of Engineers (U SACE), Environmental Asscsi.mcnt (EA) preparation to meet National Envi ron menta l Polic y Act ('!'\E PA ) requirements, and in coordination" ith Federal Emergency Manage ment Agcnc} (FEMA). lk livern hk A: Complete Permit Applicat ion resulting in Notice to Proceed (NTP) from DEPARTMENT. T otal Cos t : $355 ,774 (OEPARTME!'IT Cost SI 14,701 54). Du e Dut e: December 31, 2017. 2 .2 Preliminary Coa stal Processes Review Lo ng Term Coastal Trend Analysis includ in g data s ince restoration (1996). Deliv erable A: Long Tem1 Coastal Trend Analysis Report. Total Cos t : $11,5 79 (DEPARTMF.N T Cost $3,733 .07). Due Dute : December 31, 2017. 2.3 Pe rmit Modificati on for Truck Haul (20 14 ) Design and Engineering Services for the 2014 l'aplei. segment Beach Nourishment Projec t, in cluding hot spots 111 the Park Shore & "laples areas . Acquisition of JCPs from the Dt::PARTME~T & the USACE, EA preparation to meet NEPA requirements. and in coordination"' ith i'EMA . Deliverublc A: Complete Permit Application re sulting in Not ice to Proceed (NTP) from DEPARTMENT. T ota l Cost: $129.852.68 (DEPARTMENT Cost $52,395 .55). Due Date : December 31. 2017 . 2.4 Bench Project 15 Year P ermit Design and Engineering Services for the Collier County l3cach Nourishment PROJECT multi -use permit. A,;quisitio n of JCPs fr om the DEPARTMENT & the USACE. EA preparation to meet NEPA requirements. Delive r able A: Complete Pem1it Ap plication resulting in Not ice to Proceed (NTP) from DEPARTMENT. T otal Cos t : $12 1. 766 (DEPARTM EN T C ost $49, 132 .58). Due Oatc : December 31, 2017. TASK 3 .0 Cons truction 1 ask Descri pti on: Thi:. task includes work performed and c osts incurred a ssocia ted with the placement of fill ma teria l and /or the construction of erosion contro l structures within the PROJECT area. The task inc ludes '"ork a ">soc iatcd "ith eligible beach restoration const ructi on a ssoc iated \\ ith the PR OJECT s uch as those costs approved through bid:,, and construction-phase engineering and monitoring sen ice s. Eligible costs may include mobiliza11on, demobili 1ation, construction observation or inspecti on serv ice s, beach fill. tilling and scarp removal, erosion control structu re s, dune stabilizat ion measure s and nati-.c beach-dune vegetation . Construction shall be conducted in accordance with an) and all permits issued b) th e DEPART'v1El'\T. The Grantee will submi t a c onc;tructi on acti\ ity package for task \\Ori.. completed during the period . The construction act ivity package must include: ( 1) /\n itcmited summal) o f the material s, lab or. or services to idcntif) the natu re of th e "ork per fo rmed; the am ount expended for s uch work: the nnmc of the person/ent ity providing the service or pcrfomiing the work ; and proof of payment of the invoices. the period activir) was performance: and DEP Ag.n:1:111ent o. I 4CO I, Amendment No . I, i\ttachment A, Page 3 of 6 16.A.4.d Packet Pg. 1069 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) {2) A cenilication signed by the Grantee's Project Manager as 101hc currenl cost of1he PROJE CT; 1hat the 111a1erials, labor, or services represented b) the im oicc have been sa ti sfactorily purchased or pcrfonncd and app lied to 1he PROJE CT ; that all funds C1'.pendcd to date ha' e been applied toward co mpleting 1hc PROJECT, and (3 ) /\ cenification signe d and scaled by 1he Engineer responsible for over:.ceing co nstructi on sta t ing th at cquipmcm, materials. labor and services represented by the construct ion invoices ha ve been sat isfactorily ill\Oiced, purchased, recei ved, appro,ed and applied to the PROJECT, as desc ribed in the Gram Work Pla n, in accordance "ilh construction contract documents ; th at pa)1ne nt is in accordance with construction contrac t prov isions; and th at co nstru ct ion , up to the point of the request, is in compliance with the contra ct documents; and identifying all additions or deletions to the PROJECT which ha"c altered th e PROJECT's performan ce s tandards, scope, o r pu rpose since the iss uance of the OEPARTM ENT construction permit. Pcrfo rmuncc St und a rd : The DEPARTMENT's Project Manager will review the co ns1nict ion activity pa ckage 10 ve ri fy t hat work is being performed in accorda nce with th e constniction contract documents and specifications in thi s task description 3.1 Enu:rgcncy Truc k lla ul (2 012) /\cti\ ities included two hot pol nourishments at Vanderbilt and Naple~ beach segments prior to major nouri hmcnl PROJECT. De liv e r able A: PoM-Construclion Report . Tota l Cost : $26,850 (D EPARTME '.'I T Cost $8,6 56). Due Dat e: December 31, 2017 . 3.2 Pre-Cons t ructi o n Scn ·ices fo r 2 0 14 '.'lo u r is hmc nt Activities mcludc Cou nty bidding assistance, Unite States Fish & Wildlife Scrvict.: (USFWS) Biological Opi n ion (BO ) a'isistance. di\ ing survc~s and monitoring of hard bo tt om resourccc;. and in coord inati on \\ ith FEMA. Dcl ivcrn b le A : Bid Tabs award documentatio n for Construction pha se . T o t11I Cost : SI 79,88 4 (D E PARTMENT Cost SS7,995). Due Dat e: D~cembcr JI, 2017 . 3 .. l Cons t r uct io n Se rvices for 2014 No u ris hme nt Activities include the s ubrni ua l of a monitoring rep on of constru cti on , in coordination with (FE MA ). for the 2014 Collier County Beach Nourishmen t PROJEC T, by a professional engineer registered in the State of Florida t hal 'crifics sand placement and pay volumes and confinns removal of all equipment from beach . The certificati on shall confirm that heach access points are rctumed to a remediated condition. Dc l iven1b le A : Immediate Post-Construction Monitoring Rcpon . Tot a l Cos t : S 115.26 1 (D EPARTME l'\T Cost $37 , 160) Due Da t e: December 31. 2017. 3 .4 Tro pica l Storm Fa ~· FEMA No uris hme nt Construct ion of a hurricane recover) nourishment to repair damages sus ta ined during Tropical Stom1 Fa) was cc mpleted in Januar). 2014 . Tasks eligible fo r cost sharing includ e sand placement and all related managemen t i.~·n ices required for the implementation of the PROJE CT. PROJ EC'l will be cost s hared with assistance fr om rEMA . DEP Agreement No . I 4CO I , Ame ndment o . I, /\ttnchmcnt A, Page 4 o f 6 16.A.4.d Packet Pg. 1070 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) Dr l ivc r ablc A: Certitica1ion o f completion of construction for the 2014 Tropical Storm Fay storm repair 11ouri!>hmc:111. Tota l Cos t : $6.239.298.96,. o n-federal cost $779.912.37 (UE PART '.\1 £NT Cos t $251.4'13 .75). Due Du t e: DccemberJ l ,2017. 35 Tropical St orm Deb by FF:M A No uris hm e nt Con~truc1 ion of a hurricane recovery nourishment to repair damages s ustained duri ng Tropical Storm Debby" as completed in December, 2014. Tasks eligible for cost sharing include l>and placement and all re lated ma nagement services required fo r the imph:mcnta1 ion of the PROJECT . PROJ EC'I "ill be cos t shared "ith assistance from FE MA . Deli vcrnhlc A: Certification of com p le t ion of construction for the 2014 Tropical Storm Debby storm repair nourishment. To tal Cos t : $2.578,769.44, Non -federal cost $322.346 .18 (OF.PA lffME NT Cos t S 130,066.6 7). Due Date: December 3 1. 2017. 3.6 Per iod ic Truck Hnul Nouri s h men t The local s pon so r conducts in terim erosio nal hot spot nouri sh ment along the Collier County Beach ourishment PROJECT, o n an ··a s needed" basis, in order to extend the life of the PROJECT and to protect any threatened upland structures The local sponso r ide nt ifies hotspot formation 1hrough annual monitoring program and routine PROJEC r i11spections. When a hot spot is identified, the loca l sponsor" ill develop a Scope of Wor!.. \\ ith their Gene ral Contractor and submit the Scope of Work to the PROJECT \fanagement Section of the Bcach Managcment Funding Assistance Program (BYIFA) for re' iew and approva l. The Scope of Work" ill contain a full description of the work 10 be pcrfo m1cd . loca t ion o f the sa nd placement, estimated \Olumc s of fill mate ria l required. estimated budget, and constnicti o n schedule with completi on date . T he Local Sponsor mu~t receive wri11cn approval of the Scope of Work via email from the DEPARTMENT's Projec t Manager prior to initiating construction activities. If additional material i:. req uired to complete the nourishment , written appro' al from 1hc Project Manager will be re quired to allow for reimbursement for additional material requ ired . All activitie s will be conducted according to the Joint Coastal Pe rmit (JCP) 033 I 817-001-JC, including the authorized bcnn fill templates and authorized upland or stock piled sand sources. Upon completion of the truck haul no u ri~hment, the local sponsor will submit an inv oice for reimburseme nt which co ntains a summary of all t ruck weight ticket s indicating the actua l amount of ma terial purcha sed and used in the cons truction. General Services for placement and berm contouri ng activitie s should he included in the price of the fill material. Rlimburscment is als o authorized fo r an immediate post -con struction survey to be pcrfom1ed by t he Local Sponsor's Suf\cying contractor, in order to quantify and ve rify sa nd placed in the permiued template . First year funds may also be used to reimburse charges for pe nnit-required QNQC sa nd sampling to confirm sand quality . Con tracted fund s may b~ u:.cd for succe ssiv e events until funds are exhausted. Dr livcrnblr A: Immedi ate pos t-construction report for truck ha ul placement events, including summary of all In ck ticket s detcnnining the ,ofume placed anci PROJE CT completion profile sun e) o f the PROJECT fill 1emplate. (JCP 033 18 I 7-00 I-JC). T otal Cos t: $2,813,937 (DEPA RTM F.N T Cost $1.135,423 .58). Due Date : As needed" hilc funds remain or until December 3I,2017. TA SK 4.0 Mo nito r ing T as k Des c rip t ion : This task includes a monitoring program conducted in accordance with the requirements speci fied in any and all permits iss ued by the D E PARTY!E~T and the US Anny Co rp s of Engineers (USACE). DEP Agreement No. 14COI, Amendment No . I, Allac hment A, Page 5 of6 16.A.4.d Packet Pg. 1071 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) A mo nitoring pl an must be submitted and approved in writing by the DF.PAR1 l'v1 E ~1 prior to the initiation of moni tor ing ac ti vi tie s. ·n1c pl an shall be deve lope d in a manner which" ill coordinate the moni toring activities as:.0cia ted wi th current s horeline stabil ization projects located" ithin or adjacent to the PROJ ECT area and with the DEPAR f MENT's Regional Coastal Monitoring Pr ogram. P erfo r mance Sta ndard : All delherables, rcpons. and monitorin g resu lt s ''ill be circulated to the DEPARTMFNT for re \ ie" and comment. Whe n the LOCAL SPONSOR receives com me nts from the DFPARTMF.NT Projec t Ma nager verifying that each deliverable meet s the specificati ons in the Grant Work Plan an d thi s ta sk description and a!linn ing that the deliverab le is acceptablc, pa) ment will be au thorized fo r tha t deliverable. 4.1Year1 Pos t -Co nstru cti on Ph ys ic11l Monitorin g (20 15) Po st-Co ns tru cti on su rveys and rep orts for Year I phys ic al mon itori ng of the 2014 FE MA ass isted hurri ca ne recovery nouri shmc:nts , as required by JCPll 03318 I 7-00 I -JC. Ucliverable A: Ye a r I (2015) Annua l Phys ical Monit oring Rep ort . (J CP 0331817-00 I-J C). To tal Cost : $67,850 (DE PARTMENT Co s t $2 7,377.48 ). Du e Date: December J I, 2017. 4.2 Ye~1 r I Pos t-Co nstruction Bi olo gical Monitoring (2015) Po>t-Cons tru ction surveys and repons for Year I biological mo nit oring o f the 2014 FE MA assis ted hurricane reco,ery nourishment s. as requ ired by JCP# 0331817 -0 0 I-JC. D<'lh•e rabk A: Year 1 (2015) Annual Physical Monit ori ng Re pon . (JCP 0331 8 17 -00 I -JC). To t a l Cost: 145,897 31 (Df.PARTM ENT C os t $58.869.56). Due Dat e: December 31. 2017. '\;QTE: T he d eli verable d ue dates establis hed in this Gra nt Wo rk Pl an ind ic ate th e tim e by which a d rlivcr a bl c is received nnd a pproved for co s t s harin g. The d nt cs d o not nec ess arily correspond with permit r equi red due dates. T he Local Spon so r mus t mee t th e term s o f th e perm it for co mpliance. All Tasks arc C ont ractunl Serv ices. DF.P Agreement No . I 4CO I. Amendmen t No. I , Atta chm ent A. Page 6 of 6 16.A.4.d Packet Pg. 1072 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) ATIACHMENT ll F UN Dl NG ELIGIBI LITY C OLLIER C O UNTY BF.A C ll NO UR I HMF.11\T Project 13Clundal} · 350' :.outh of R22 to R3 J. Approximate Shoreline Length: 8,412 FEET Public A '•'"SS Locati on'Na mc Address R- Mon Dclnor Wiggi ns R-22 State Recreation Arca La !'lava R-26 Vandc rhilt R-29 Beach Road Total clig1blc s horel ine len gth: 7,230 FE ET Torn! project shoreline length : 8.412 FEET Type of Access Pri ma ry Hotel Primary Percen t cl1giblc for Stale funding: 85 .94 PE RCENT Width of Total Access/ Uni ts or Frontage Parking Spaces 60 340 360 0 130 167 O\crall project cost sha re compi led from all th ree segments: 40 .35 PERCE:\1 Public Units or Parki ng Soac~s 340 0 167 Eligible Shorelin e (ft) fr om Parking 2640 0 4040 I DE P Agreement No. 14COI, Amendment No. I, Alln chmc nt B. Page I of4 Elig ible Shoreline (ft ) 2700 360 4170 16.A.4.d Packet Pg. 1073 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) Ft;1'DING F.LIGllllLITY CO LLIER COUJl.;TY UEA C ll 1'0\JRISHM EN T Ptt rk S hore Segment Project BoJndary : soo· nort h of R43.7 to 390' sout h of R54.4 Appro:-.ima tc Shoreline Lengt h: 11,438 FEET Public Access Loca ti on/Name Address R· Type of Mon Access C lam Pa !>s Park R-44 Prima ry Horizon Way R-52 Secondary Ycdad o Wa\ R-53 Secondarv To1al eligible shore line lcng1h : 6,020 FEET To1al pwj ccl shoreline length : 11,438 FEET Width of Access/ Frontage 3345 60 60 Total Uni ls or Parking Soaccs 172 53 37 Percent eligible for State funding : 52 .62 PE RCF.:\T Overall project cos1 s hare compi led from all three segm ent s: 40 .35 P ERCE~T •overlap Public Uni1s or Parking Soaccs 172 53 37 Eligible Shoreline (ft ) fr om Par kin 1.1 355 1661 1954 DEP /\grcemenl No. l4COI , Amendment >Jo . I, A11achmc111 B, Page 2 of4 Eligible Shoreline (ft)• 2285 1721 2014 16.A.4.d Packet Pg. 1074 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) FU~O I NG ELIGIR ILI TY C OLLIER COU~TY BEAC ll NOUR1 S H~1 f.NT ~n pl es Se gm ent Project Boun dary: l ,050' north of RS8 to R79 Approximate Shoreline Length : 9.375 FEET Public Access Locati on/l\ame Add ress R-Type of Width of \.1 on Acces s Acce ss/ Frontage Edl!ewa ter I lote l R-59 l lotel 265 Lm,dcnni lk Park R-61 Prim ary 920 s•h A \'enue North R-Secondary 60 63 .5 7th A venue North R-64 Secondary 60 Nonh Lak e R-Secondary 60 A\enue 6 ~.5 6t h Avenue North R-65 Secondarv 60 5th Avenue No nh R-Secondal) 60 65.S 4 th Aven ue No rth R-66 Second al"\ 60 3rd A venue North R-Secondaf") 60 66.5 2nd A venue North R-67 Secondary 60 I st A venue No rth R-Secondary 60 67.5 Cen tra l Drive R-6 8 Secondarv 60 I s t Avenue South R-Secondary 60 68 .5 2nd A venue South R-69 Secondarv 60 3rd Av enue South R-Secondary 60 69 .5 4th Av enue Sou th R-70 Secondarv 60 5th /\venue Sou th R-Secondary 60 70 .S 6th A venue South R-71 Sec on darv 60 7th A venue South R-Secondary 60 71.5 I 8th Av enue South R-72 Secondarv 60 9 th A' enue South R-Secondary I 60 72.5 I I 0th A' t:nue Sou th R-73 Secondary 60 I I th A veriue Sou th R-Secondary I 60 73.S I Oroad A' enuc I R-7 4 Secondarv 60 12th A venue So uth i R74.S Primarv 60 13th Avenue So uth R-75 Secon darv 60 Total Uni ts or Parking Spaces 0 210 21 12 38 10 0 15 14 16 17 12 16 II 14 IS 56 12 16 11 I S 21 13 48 107 31 Public Uni ts or Parking Soacc s 0 210 21 12 38 10 0 IS 14 16 17 12 16 11 14 15 56 12 16 l l 15 2 1 13 48 107 31 Eligible Shore lin e (fl) fr om Pa rkin I?. 0 5280 1109 634 2006 528 0 792 739 845 898 634 84 5 581 739 792 2640 634 84 5 581 792 1109 68 6 2534 5280 1637 DE P Agreement No . 14CO I, Amen dment No . I, A1tac hm cnt B, Page 3 of 4 Eligible I Shoreline (ft)* 265 6200 1169 694 2066 588 60 852 799 l 905 958 694 905 641 79 9 852 2700 694 905 641 852 I 1169 746 2594 53 40 1697 16.A.4.d Packet Pg. 1075 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) i Loca ti on/NJ mc Addn::ss R-I Type of 1 Wid th of ~I o n Acce ss Access/ I I Front age I I 14 th Avenue So uth I R-Second al) '60 I 75 .5 . I 5th A\ enue South l R-76 Secondarv 60 16th A vcnuc Sou t h I R-Secondary 1 60 I 76.5 17th Avenue So uth R-77 Sccondarv 18th A\cnuc So uth R· Secondary 77 .5 19th A venui: So uth R-78 Secondarv 21st Avenue Sou th R-Secondary 78 .5 Tota l eligible shoreline len gth : 18.410 FF.ET Total project s horeline length : 19,375 FE ET 60 60 60 60 I Total l 'nitsor Pnr\..ing Soaccs 30 18 30 10 39 0 0 Percen t eligib le for S1a1e fun di ng : 95.02 PERCE T o,crall pmjcct cost s hare com piled fr om all three seg ments: 40.35 PERCE 'T •o,erlap Publ ic Eligible Unib or Shoreli ne Parking (ft) fr om So aces Park inc. 30 I 584 18 950 30 1584 10 52 8 39 2059 0 0 0 0 OEP Agree ment o. I 4CO I , Amendment No . I, /\1tach111en1 U, Page 4 o f 4 Eli gib le Shoreline <fW 1644 1010 1644 588 2119 60 60 16.A.4.d Packet Pg. 1076 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) A TTAC ll~ F:~T C F lo r i d a De partm e nt o f f.n vi r o nme nt a l P r o t ecti o n ADVANCE PA Y'1 ENT J VS TI F I C ATON FO R M P E P 55-222 Rt qulrtd S igm11urt): Original Ink t;se o f thi s form is n ot requi red unless the adva n ce request ed requires t h e p rior a pproval o f the Fl orid a De partme nt o f F in a n cia l Sen ·ic cs (OFS). Fo r advance r eques t s th11t arc equa l t o o r less tha n the pur chas in g thre.s h old of category tw o as dclim .. '<1 in Section 287.0 17, F lorida Statutes, a nti meet o n e o f the advance payme nt r eq u ir e ments identified in Section 215.422 ( I 4), Florid u S ta tutes , use o f this form is waived . H oweve r , the pu rch ase r eq ui sition o r contract r eview for m must clcu rl y identify th e criteria be in g me t under 2 15.4 22 (14), F lo rida S t a tutes th a t a llows th e advance t o be mad e w itho ut prio r OFS approv al. A letter r eques t ing a d vance pay ment fro m the rec ipi ent, o n its lette rhead , mus t be a ttach ed. The DEP Progra m A r ca shoul d forwa rd this informa tion to th e C ontrac t Dis burscm e nts Sect io n a t M S 78. T h e Contract Di s bu rsem e n ts Secti o n will fo rw ard req u ests for a d van ce payment t o OFS fo r review a nti lcgi'>la ture co ns ulta tio n , as a ppro p ria te. Name /Addre ss of the Vcndor/Re ci oient : Conta ct Perso n/Ph one No.: l\l'!.recrncnt ~o./Purchasc O rd er No . (if known): Co mmoditie s/S erv icc:./Proiect Descriotion: Organiza1ional Structure (i .e. local aov't. non-p ro fit coroorat ion, etc.) Value of Pu rchase or Urani: Advance Payme nt Am ount Req uested : LJ 90 da) S SlatlUp LJ f'u ll Contract Period D Quane rl) D Oth er (specify): Per iod Advance Pa\ menl to Cover: Indicate Statutorv AuthoritY : 215.422 F.S 216 .181, F.S. GAA Year and Linc Item In fo: SFY: I Lin c hem: I DEP Agreement No. I 4C O I, Amendment f\o . I, Attachment C, Page I of 4 16.A.4.d Packet Pg. 1077 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) I. Reaso n advance payment is req uired: 2 . T he following information req uired for adva nces r equested pursuant to 215.422, Florida S t atutes (and th e OFS's Re ference Guide for S tate Expenditur~s) w hic h exceed the pu rchasing thres hold of cat egory two as d efined in 287.017, Florida Statutes. A. Do ument, if appl icable, the cost savi ngs to be incurred as a result of an advance payment that are equal or greater than the amoun t the Sta te \\Ould earn by inv esting the fu nd s and paying in arrears. Inc lude the percent (%) savi ngs to be realize d. In ca lculatin g the percent savings as compared to the percent that can be earned by the Sta te, infonnation ma) be obtained fr om the DFS, Di vision of Trea ury at 850/413-3165 regarding the current Treasury earnings rate. ll. Document, if applicable, ho" the goods or services are essential to the operation of th e Depanmcnt and why they are a'ailablc only if ad' ance payment is made : C. Identify the procurement meth od used to select th e vendor . DEP Agreement No . I 4CO I, Amendment No. I, Attachment C, Pa ge 2 of 4 16.A.4.d Packet Pg. 1078 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) 3. The fo llowing informa ti o n required for ath•ances t o Gov<>rnmcntal Entities und Non-Profits pursuant to 216.18 1, F lo rida S tatutes. (Lim ited to GAA Auth orized, S t atu to rily Autho riz.e<l , and Grant & Aid Annr ooriatio n Catc1w ries OSXXXX or 14XXXX) A. The entity ack now ledge s the requirement to invest advance funds in an in te rest bea ring accou nt and to remit inte rest eamed to the Department o n a quarterly basis . Pro' idc a de scripti on of ho" the entity in te nds to invest th e advanced funds and track the interest earned on the adqmccd fund s: Rcm illance s mu st: I) be identified as interest earnings on advances, 2) must ide nt ify the applicable DEP Agreement (or Con tract) No ., dnd 3) be forwarded to the fo llowing, address: florida Department o f Environ men tal Protecti on 13ureau o f Finance and Accounting Receipts Section P.O. Dox 3070 Tallahassee, Fl orid a 32315-3070 DEP Asrccmcnt o. I 4CO I , Amendment No . I, J\t1ach1m:11t C, Page 3 of 4 16.A.4.d Packet Pg. 1079 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) 3 The r ec· ·e t p ov"d t' tcd b d g t fo e ch q rter co •crcd by the agre ement T he 1p1 n mu s r I can cs 1ma u e r a u a ' . s umm a ry in for mation should include sala ries, frin ge ben efit , overhead, co ntracts (s pecify se n ·iccs to be con trac ted o ut), eq uipment, if authorized (s p ec ify item s to be purchased ), s upplies, t r avel, and oth e r co s ts. A sample s ummary fo rmat is prov id ed below . The summary should incl ude the breakdown for each q uarte r of th e agreement period . De sc ription First Seco nd Third Fourth Qu a rter Quarter Quarter Q u a rte r -Salarie s (ide ntify ocrsonncl/titlcs) Fr inge Bcnclits C oncrac tu al Services (lis t services and estimated cos ts ) Equ 1oment (identi fy each it em and cost) Supplies Tra,·cl Other (soecifv) Ove rhead /lmlircct Total: Ce rtification St atement T he forgoin g infomiation is presented 10 the Florida Department of Environmental Protection in support of o ur req ues t for advance payment. I ce rt ify that the info nnation pro' idcd a ccurately reflects the financial issues fa c in g the entity at this t ime . By: T ype Name of Signatory: Date Title: Chief Fin a ncial Officer or designec J>EP Program Area R ev iew/Approval R eco mme nd a ti on : O A pprovc Reques t O Dcny Requ es t By: Date : Ty pe Name of Signato ry: I Titk: Bureau : Di\'i sion : D EP /\grc emcnt No. l l\CO l, Amendment No. I, /\11achmcnt C. Page 4 of 4 16.A.4.d Packet Pg. 1080 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) ATfAC IIM F:.NT IJ ADVA~C E PAYMENT -I NTEREST EARNED M EMORANDU M "SA MPLF. DOCl'M f."{\°T " TO · Dena VanLandingham , Beach Management Fundi ng Assistance Program , MS!i360 I FROM : Lydia Louis, Fi nance and Accounting Direct or. Bureau of f inance and Accounting. MS#78 DA f E: SlJBJEC1 : Advan ce Payment DEP Ag reemen t l\o.: X X XX BECP Pr ojec t :-Jo .: XX X X Interest Due to DEP: (Quancr ly) Pu rs uan t to Sett io n 216.181 (I 6)(b), Flo rida Sta tute s. advance payments mu st be deposited into an interest bearing accoun t until all fun ds have bee n depict ed. In order to comply with thi s stat ute , advance approval of the State Chi ef Financial Officer, and the tenn s of the above referenced contract, the foll owi ng information is needed for our records 11 0 later t\\Cnty (20 ) da ys fo ll ow ing each calend a r q ua rte r (i.e. January 20. April 20, .luly 20. a nd Octoher 20 .) I. 2. 3 Ad,anc e fun ding disbursed (date ofdisbursement) Advanced funds e>.pended b} co ntractor covering period of (ci greemelll eucllliQn) to (t'nd o[most recent calendar qtr) Ralcincc advance funding pn nc 1pal available Intere st earne d on ad vanced fu ndi. cove ri ng peri od of <e g r!!ffll('llf ru+ut1m1l 10 {mtl o(most recent rolt1nd<1!..fJ!.!J s~~~~~~~- 4 . Amoun t of intere st paid to DEP as of (end of most r ece nr cakndclf· atr) $ ________ _ 5. Balance Du e to DEP as of(end o(most recel/f cqlemlar qtr) (Project Manager's Signatu re) (Date ) S peci a l Instructi ons: Ir rhc grant/contract s pedfies that any acc ru ed inleresl th11t is based upon a grant/co nt ract advance pay mcnt(s) will not be paid to OEP until after terminatio n of th e i;runt/controct , the ad van ce fund recipient s hall complete r eport Items I a nd 2 only for the first three quarters o f the s t a t e'~ fi sc al ye ar. The re port for the stute's fourth fi sl'a l ytar quarter shall in clude item s I , 2, 3, 4, and 5. Items 3, 4, a nd S \1 ill he th e life to date int er e~t. If the contrnet srnt es thut 110 inte re st is due, qua rte rly repo r ts of un ex p end ed ad va nces arc r equired , lin es I a nd 2. Th e li nes I a nd 2 re po rted a mo unt s arc on a cash basis for th e ad\a ncc pa) mcnt principa l. Do no t includ e r eceivables, payables, o r Interest pre' iously p a id to OEP. If th e gra11t/co n1ra ct r eq uires qu arre rl) accrued interes t pa) ments to l>f.I'. th e fund r cci1>icn t mu )t co mplete item s I th ro ugh 5 fo r ca r h q un rtc r l) repo rt . Pa) m<•nts o f int c re ~1 due to OE P s hall be paid within the s pe cifica tion s o f the co ntract /g rant. Th11 n l. you for )OUr coo per a ti on in providing the above inform a ti on . If yo u h1l\'e qu est io ns, plea)C contact Lydia Lo uis (850) 2.i5 -2-l5 2 in th\' Co ntracts Di s burse ment Sec ti on . OE P Agre ement No. I 4CO I , Amendme nt ?\o . I , Att ac hme nt D, Page I of I 16.A.4.d Packet Pg. 1081 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) ATIA C H~EN T f. Florida Department of Environme ntal P ro t ec ti o n D EP 55-21 9 Co ntra ct Pa ~me nt R eq ui r e m e nt s R equ ir ed S ignntures: No S ignature Im oiccs for cost rc1mbun.ement con tracts must be supported by an itemized listing of c>.pcnd1tures b~ category (sal af). tra-.el , expe nses , et c .) upportin g documcn 1at1on must be provided for ea ch amount fo r which rcimbursl!ment is being claimed indicating tha1 the item ha:. been paid . Chec k numbers ma) be provided in lieu of copies of actual check!>-Each piece of doc umenlat ion should clearly reflect the date ~ of service Onl) expenditures for categories in the approved con trac t budget should be reimbursed . Listed bdow arc examples of the 1ypes of documentation rep resentin g the minimum requi rements · (I ) Salaries (2 • Fringe Oenefits (4) Other direct cos ts (~) ln-houM: charge~ (t>) Indirect costs A payroll register or similar documen tation should be submitted J'he payroll regis ter i.hou ld show gross salary charges, frin ge benefits, other dedu ction s and net pay . If an individua l for whom reimbursement is being claimed i:> paid b> 1he hour, a documen1 ref1ec1 ing the hours '"orkcd time s the rate of pay will be acceptable . rringc Benefit s should be supported by invoices showrng the amount paid on behalf of the employee (e.g., ins urance premiums paid). If the co111ract spmlicall> slate s that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits. then the calculation for the fringe benefits amount must be sho'' n. facep1 1011 Go-.emmcntal entities arc not required to provide check numbe rs or copies of checks for frmge benefit s. Reimbursement for travel must be in accordance "ith Section 112 .061, Fl orida Statute s. "h1ch includes submission of the claim on the approved State trave l voucher. Reimbursement will be made based on paid invoice s/receipt). If nonexp<.'.ndablc pro pert y is purchased using State funds, the contrac t sho uld include a provi sion for the transfer of the property to the Slate when :>er' ices arc terminated . Documentation must be provided to show compliance with Department of Management Se rvices Ruic 60/\-l.O 17, Florida Administra t ive Code, rega rd ing the requirements for contracts which include services and that provide for the contractor 10 purchase tangible personal property as defined in Section 273 .02. Florida Statutes . for su bsequent tran sfe r to the State. Charges which may be of an internal nature (e .g, po)tagc. copies. etc) may be reimbur.;ed on a usage log "hich sho,,s the unit s time s the rate being charged . The rates must be reasonable . If the contract specifics that ind1rcc1 costs "ill be paid based on a )pcc1fied rate , then the calculation sh ould be shown. rhc f1 1mda Department of Financial Services. onlinc Reference Guide for State Expenditures can be found at this web addres s: llllp "'''".!ldfs com aadir 1efercni.:e guide htm . Dl::P Agreement ~o. 14COI , Amendment No. I, Attachment E, Page I o f I 16.A.4.d Packet Pg. 1082 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) AITA C llM E ~T F FLO RID A DEPARTMF,~T OF EN\'JR O I'\M EN T A L PR OT ECT IO~ BEACH MA~AG EM ENT F UJl\DI NG ASSISTANCE PROGRA M R E Q U EST FOR PAYM ENT -P ART I PAY M E~T U'.\>1MARY NAME O F P ROJ ECT : Collier County Bc-0ch Nourishment LOCA L S PO NS OR: Collier Coun tv REMl'IT AN C E ADORESS: _ ----------------------- OEP A g ree ment Number: 14COI Billi ng Numhl'r '"": ------ Billi ng. T) pc · 0 lntl'rim Billing 0 Fina l Billing Costs I n c urred T hi s P aym l'nt R equest : Fe dera l Share• s ______ _ •if applicahle Cost Summary: State Share $ ______ _ State Funds Obligated$ _______ _ Less Advance l'ay $ _______ _ Less Previous Payment $ ________ _ Less Previous Retained $ _________ _ Less 1 hi s Payment $ Less ·1 his Rctainagc (I 0%) $ _______ _ State runds Remaining$ _______ _ Loca l Fund s Obligated$_ Less Adva nce Pay S ____ _ Les s Pre\ ious Credits$ _____ _ Les s T his C redit $ Local Funds Remaining$ _____ _ Local Share $ _____ _ Total s ______ _ DE P Agreement No . l4COl, Amendment No . I, Auachmem F, Page I of6 16.A.4.d Packet Pg. 1083 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) amc of f>rojcct n llling umber: DEP J\greem..:nt Number: ------- Vendor In voice C heck FLORJOA DEPART:\t E~T OF ENVIRONME~TA L PROTECTION RF.ACH MASAGE,1£NT FUNOl~G ASS I STANCE PROGRAM REQU EST FOR PA Y MENT -PART II 13ilhng Period (I) ------------- Person Completing Fonn & Telephone ?-:umber (2)" REIMBURSl::M ENT UETA I L Federal Non- Eligible % Ftd Share o f federal S h are l n\'Oict "lo State Item II No mt 'umber Im oict Numbrr Deliverable In\ uict Cost S hare Sha r t Da te Number (3) Am ounl(4) (5) (6) Amount (9) 111 •• (8) . ------ -- To11ls . Total Du r to Loca l Sponsor (I S ) _________ _ rorm ln<trudlO~~ State S han : (10) so.oo . I B1lhng Peru ii Shoo Id rclle.i In' 01cc s<n r~cs pc:rt llrmcd date tb<gmmng <Idle • car trc ~l d3le of sen 1cn. cnJ d31c • latest d3tc of sen recs performed) 2 Pe<'nn rc'P' nsrblc IN ~omplctrn~ 1h1s form Please 1dcn11f) the person rcspons1bk flY cu mpktrng rnfom1a11on 1f cl11nf1ea11 0111s needed ) l)C'l1\Crahlc • '"1u\l ldcnUf) ti.:Ufnf"JICl~~ dch\cra.hlC(~) (or c:ach 10\0ICC fl ln\\ilC~ co-.ch mulUf'k dCh\·crabJcs . tha& IO\utC C: \\OUld be li.St~d multiple llMC'S. a hnc Item fof ca.:h d< 4 lnH•tCC A Int; JOI 5 H1&1hlc Co~. ln,u1~c nmount p31d b> I ocal SpC1nsor !cs~ 1nchg1blc e.ist for I.inc hem l>ch\Ctahlc onl» 6 ~. rcderal !:>hare If a pphcahlc lhr> sh ould bc lhc percentage hstcd rn Agreement fcJcr31 Share v.111 be h ~led on f Jblc I 11 oppheablc 7 hdcral Shn·c lfapphcablc, Local !:>pnnsor v.111 mullipl} Eltgiblc Cost b) federal Sh:uc Pcrccnlllgc S Non-rcdcral Shtuc r:1ti;1blc Cos1 (5) minus Federal Sha re of Invoiced Amount (7) 9 Percentage 1•f State Share 1 hrs should be the S1a1c Shure Percentage hsrcd in Agreement 10 Stale Share Multiply Non·Fcdcral Shure b) ::.me Share Pcrccn1agc 11 I ocal Share Subtroc l Stale Shore fronl Non·l'edcral Share 12 Rc1a11111gc 1'a)mcn1 Kcqu1rcs sc pnr atc lr 11c lb r each completed -I ask, Sub·T uk and or Otlhrrablr lhal retarnagc rs bcrng rcqucs1rd 13 W11hhdd llcuunngc Muh1pl) Sto ic Sh31c b) I 0% 14 Stat e l'a>men t Subtract Kctarnagc from Sta ce Share IS l otul Due 10 Local Sponsor Add Kc1nrn11gc l'a)mcnt Total (12) 10 Stutc Pa)ru cnt Tnt~I {1 4) Note~ I or que<llon~ or conc ern> regarding this form please contact Janice Snnrnon' • (ll~0)24S-2Q78 or email 01 Janrcc I !:>11111non<tgi dep sralc nus OEP Agreement 'o I 4CO 1, Amendmc111 1o. I, Attachment F, Page 2 of 6 16.A.4.d Packet Pg. 1084 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) FLORJ DA DEPARTM F..NT OF ENV I RONMF.NTAL PROTECTIO'.'J HEAC ll '.\1ANA G E'.\I E :"IT FliNDING A SJSTAl"C E PROG l~A'.\-t llEQt:EST Fon PA YM F.NT -PAHT 111 PROJECT PROGnr.ss RF.PORT NAM E O F PROJEC T : Co llie r Co unty Beach Nouri shment LO CA L SPONSOR : Collier Countv OEP A RTMF.~T Agreement Num ber: 14C01 Billing Number: ------ Report Period :--------------------------------- Sta tus o f Eligibl e Projcct It ems: (Ocscribc progress accompl ished du ring repo rt period , includ ing state ment(s) regarding pcrcem of task comp leted to da te . Describe any implementation pro ble ms e ncountered. if appl icable .) Task Eli gible Projec t No: Item : 2 .0 DES IGN AND PER M ITTI NG 2 .1 Pennit Modification for 2014 Co llier County Nourishment Project 2 .2 Prcliminal)· Coastal Processes Review 2.3 Pcm1it Modification fo r T ruck Ha ul (2014) 2.4 Beach Proj ect I 5 Year Pem1it DE P Ag reement ;-lo. 14COI. Amendment No . I , Allachmcn t F, Page 3 of 6 16.A.4.d Packet Pg. 1085 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) 3.0 C O~STR VCT I O ~ 3. I Emergcnc> I ru ck I laul (:!O 12) 3.2 Pre-Const ruc t ion crv iccs for 2014 Nourishment 3.3 Construction Services fo r 2014 Nourishment 3.4 Tro pical St e nn Fay FE\-IA . ourish men t 3.5 Tro pi cal Storm Debby FEMA Nourishment 3.6 Peri od ic ·1 ru ck Ha ul Nourishment 4.0 MON ITORING 4.1 Ye ar I Post-Con stru ct ion Physical Monitoring (201 S) DEP Ag reement Nu. 14COI . Amendment No . I, Attachment F, P11gc 4 of6 16.A.4.d Packet Pg. 1086 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) ·1.2 Year I Post-Const ru clion Bi ological Moni lori ng (2015) DE P Agre1:m ent No. I ..\CO I, Amendment No . I, Attachme nt F, Pa ge 5 o f 6 16.A.4.d Packet Pg. 1087 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) FLOIUDA DEPARTME~T OF ENVIRON"1E:'oi'TA L PROT ECTION BEACH i\1Al\AGEMENT F U NDl ~G ASSI TAl\CF: PROGRA~t C f.RTIFI CATI ON OF D I SBt:HSEMENT REQ UEST REQ U EST FOR PAYMEl\T -PART I V NA;\1E OF PROJFCT: Co ll ier Cou ntv Beach Nouri shment LOCAL S PO~S OR : Co llier Coun tv D E PAHTMF.~T Agreement Number: 14COI Billing Numbe r : _____ _ Ccnification: I cc.:rtil ) that thi s bi ll ing is correct and is based up on actu a l ob li gmio ns of record by the LOCAL SPONSOR ; that p:i~ ment fr om the State Govcmme nt ha s not been received ; tha t the '' ork and /or serv ices are in accorda nce wi th the De partment of Environm enta l Prote ction, Beach Mana ge me nt Funding Assis tance Progrnm's approved Projec t Agre ement inc ludi11g any amendments theret o; and that progress o f the ''o rk and /o r servi ces arc satisfactory and arc consiste nt with th e amount bill ed. The disbursement amoun t reque sted o n Page I of thi s form is for allo,,ablc costs fo r the proj ect desc ribe d in th e p.ran t work plan . I ccnif\ that the pun:hasci. no te d , .. ere used in acc ompli shing th e projec t; and that invoic es, check vouc hers, co pie s of checks. and oth er purchasing documenta t ion arc main ta ined as required to s uppo rt the cost reported above and arc avai lable for aud it upon re que st arnc uf l'roj c c 1 Adm111is1rat o r Signature of Projccl Administra1or Da te Name of Project Financia l Officer Signatu re of Project Fin ancial Ofitccr Da te DEP Agreement No . I 4CO I, Amendmen t No. I , Att achm ent r. Page 6 of 6 16.A.4.d Packet Pg. 1088 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) ATTACHMENT G FLORJOA DEPARTM E l'\T OF ENVIRON ME~T AL PROTE CTJO~ FLORIDA BEAC H MANAGEMENT F U NDING AS I STA~C E PROGRAM PROJECT COMPLETION C ERTIF IC ATION ~AME OF PROJEC T : Collier Countv Beach No uris hm en t LOC AL SPONS OR: Coll ier Councv Of:PARTMENT Agree ment Nu mber: 14COI Task Comp letion Q(List Ta sk) Projec t Com ple tion 0 • 1 hereby certify that the above mentio ned PROJl:CT ta sk has been com pleted in accordance with the PROJECT Agreement , including any amen dm ents the reto, between the DE P/\RTMEt\T and LOCAL S PONSOR . and all fund s expended for the project '"ere expe nded pursua nt to thi s Agreement. All unused fun ds and in terest accnied on any unused portion of ad.,,anced fund s "hich ha ve not been remined to the DE PART~ENT, have been returned to the DEPA RTMENT. or "ill be returned to the DEPART MENT wi thin sixt y (60) da~ s of the completion of construction portio n of this PROJE CT . Unu sed funds advanced to the Unit ed States Anny Corps o f Engi neers thro ugh 1.0CAL SPO'l\SORS "ill be due sixty (60) da)S after the Fede ra l final accounting has be en completed . Name of Proj ect Manager Sig natu re of Project Manager Date OE P Agreeme nt No . I 4CO I , Amend ment No . I , /\11ach111e nt G, Page l o f I 16.A.4.d Packet Pg. 1089 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) Rrqui rrd Signo tu rts: :-.o ignaturt A TTAC H ML ~T II F lorid a De p artm e n t o f Envir o n me ntal P r o t ec t ion (S P ECIAL A UDIT llEQUI RE :\1 ENT) T he admmistrdt1011 of resources 3\\arded by the Department of Em 1ronm ental Protection (ll l11ch "'"> bf! referred was th.: "Di:pt:1rtml!lll", "[)£(>", "FDEP" or "Grantor". or oth er name tn th.: co111ract lagreement) to the recipien t (\1/iich may I e re/erri:d to as the "Contractor", Grantite" or other m1111e in thi! contract agreemi:llf) may be subjec t to audilS and/or mo nit oring by the Ocpartme nl of Environmental Protection, as described in this attachmen1. MONITO RI NG In :iddition 10 reviews of audits conducted in acco rd ance \\ ith OMO Circular A-133 and Section 215.97, F.S., as revised (sec ''AUDITS" below), moni toring procedure s may include, but not be limited to, on-site visi ts by Department ~taff, lim it ed scope 11udi1s as defined by OMB Circul ar A-133, as revised, and 1or other procedure s. Oy entering into 1h1 Agreement , the recipient agrees 10 comply and cooperate with any monitoring procedures/processes deemed a pproprr :11e b> the Department of Environmental Protect ion . In the event the Department of Environmental Protection dcte nn i nc ~ that a limited scope audit o f the recipient is appropriate. the recipient agrees to comply with an} additional 111structions provided by the Department to the recipient regarding such audit The recipient further agrees to comply .md cooperate "1th any inspec ti ons. reviews , investiga ti ons, or aud its deemed necessary by the Chief Financial O fficer or Auditor General. l\UD I IS PART I: F El>f:llALLY Ft.:NDED fhi s part is applicable if the recipient is a State or local governmen t or a non-profit organization as defined in OMB Ci rcular A-133 , as revised . In the event that the rttipient expend s $500.000 or more in federal nward~ in its fiscal )Car, the reci pient must have a ~ingle or prognun-specific audit conducted in acco rd ance \\Ith the prov is ions of OMB Circular A· 133 . as revised . EXH113 1 I' I to th is Attachment indicates Federal funds awarded through the Department of l.:nvironmcntal Pro te ction by this Agreement. In detcnnining the 1-ec.leral awa rd s expended in it s fiscal )'ear, the recipient shall consider all sources of' Federal awards, including Federal resources received from the Department of Environmental Protection. The dctcm1ina11on of amounts of Federal awards ex pended should be in accordance with the guideli nes cstabli$hed by OMR Circ ular A· 133, as revised . An audit o f the recipien t cond ucted by the Auditor Gene ra l in accordance with the provisions of OM 13 Circ ular A· 133, as re vised, will meet the requirements of this part 2. In connection with the audit requ irement s addressed in Part I, paragraph I. the recipient shall fulfill the requirements relative to audi tce responsibilit ies as provided in Subpart C ofOMB Circular A-133, as rev ised . 3. If the recipient expends less than SS00.000 in Federal awards in its fiscal year. an audit conducted in accordance \\ ith the pro\ 1sions of OM B Circular A-133. as revised, is not requ ired In the even t that the recipient expends less than $500.000 in Federal a\\ards in its fiscal }Car and elects 10 have an audi t conducted in accordance with the prov1s1ons of OMB C ircu lar A-133. as re\ 1sed, the cost of the audit must be paid from non-Fede ra l re sources (1 e., the cost of such an audit must be paid fro m recipient resources obtaine d from other than Federal cntitic:!>} The rcc rp1cn1 may access infonnation regarding the Catalog of Federal Domestic Ass1~1ancc (CFDA) via the mtemct at htm, 12 j6 24'i .17h:fda cfda .htrnl DEP Agreement o. I 4CO I , Amendment No. I, Attachment 11. Pa ge I of S 16.A.4.d Packet Pg. 1090 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) P ART 11 : TATE F U~OF.D A TT ACllME:'\T H Florida Department o f Environ ment al Prot ection (S PE CI AL AUDIT REQ UI REMENT) 1 Ins pan is applicable if the recipient is a nonstate entity as defined by Section 215 97(2)(m), J-'lorida Statutes . In the e\cnt th at the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 m any facal }ear of such recipient. <he recipien t must have a Slate single or projec1-specific audi< for such fiscal )tar in accordance wi th Section 215 .97. f'lorida Sta!utes; applicable rules of the Department of Financial Services; and Chapters 10 .550 (local govcmmental entities) or 10 .650 (nonp rofi< and for-profit orguni.1ations), Rules of the Auditor General. EX HIDI T I to 1his Attachment indicates state financial assistance awarded through the Departmen t of Environmental Pr otection by thi s Agreement . In detem1ining th e state financial ass istance expended in its fiscal year, the recipien t ~hall consider all sources of state financial assistance. including state fina nc ial assistance received from the De partmen t of Environmen tal Protect ion. Nhcr state agencies , and othe r nonstate entities . State financial assistance does not include Federal direct or pass-through awards and resources rec eived by a nonstatc cntit) for Federal program matching requirements. 2. In connection \\ith the audit requirements addressed in Pan II , paragraph I; th e recipient shall ensure that the audi t compltes "ith the requirements of Seeuon 215.97(7), Florida Statutes. fhis includes submission of a financial repo ning package as de fine d by Section 215 97(2), Florida Statutes, and Chapters I 0.550 (local governmental entities) or 10.650 (nonpro fit and for-profit organiiattons). Rules of the Auditor General. ~-If 1hc rec1pil:nt expends less than S500,000 in sta te financial ass istance in its fiscal )Ca r, an audit conducted m accordance with the prov isions of Section 215 97 . Florida Statutes, is not required . In the event that the rec1p1ent e'\pcnds less than $500.000 in state financia l assistance in its fiscal )'Car , and elects to have an audit conducted in accordance "ith the pro\ 1)ions of Sec tion 21 S 97, Florida Statutes, the cost of th e audit must be paid from the non-state cnllt) 's resources (1 e. the cost of such an audit must be paid from the recipient's resource~ obtained from other than tatc cnrnies). 4 . For lllformation regarding the Florida Catalog of Stale Fman cial Assistance (CSFA). a rec ipien t shou ld acce ss 1he Florida Single Audit Act website located at ht1ps :"app~ 11dfs .com 1faaa for assistance. In addition to the above websites, 1he following website s may be accessed for infom1a1ion . Legislature 's Website at h!!ff i/www .lcg.state n us l\Ve lcome lindcx .cfm, Slate of Florida\ website at http ;//\\'W\\ .my llorida .com 1 , Depa n ment of Financial Services' Website at http :11 ,,ww 11d f~.com' and the Auditor General's Web site al hllp l/www .s1atc .tl .us 1audge11 . PAJff Ill : OTll ER AUD IT REQU I REMENTS rNOT£: This part wuulcl he used to specif)' a11_11 adtlitiu1111l a11d11 requireme11t.f imposed by the Stelle ""'ardi11g e111iry 1l1e1t ore solt:l)'" 111011er o/1ha1 Srate awardi11g entity 's poli')' (i.e .. the aud1t 1l 1101 requ ired by Federal or S tate 11.1ws C111d is 1101111 cm~flic t1nth other Federal or State audit req11ireme11ts) />11rs11a111toSect10112I5 . 97(8). Florida S10111tes. Stute age11cll!; may conduct or arrange fur audits of State ji11011cial m ·l/Sfcmce that are 111 add11ion to audits conducted 111 CJCCordan ce with Section 1I5 9-, Florida S1atlllel /11 such Cll1 ('l'l!lll, the State awardmg agenq must arrange Jor ftmcli11J?, tlw jull l'OSI vf.mc/1 t1dJ11io11al audits 1 PART I V: REPORTSUBM ISS I Oi'\ I . Copies of reporting packages for audits con ducted in accordance with O:v!B Circular A-133, as revised, and required by PART I of this Att achment shall be submi tted. when re quired by Section 320 (d ), O~IB Circular A·l33 . as revised, by or on behalf of the recipient ~to each of the follO\\ing : DEP Agree ment No. 14CO I , Amendment No . I, Attnc hm en t H, Page 2 o f 5 16.A.4.d Packet Pg. 1091 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) 2. 3 ATTAC H:vt£NT 11 Florid a Department of En"ironm eot al Protection (SP EC IAL A U DIT R E Q U IREM E ~T ) A. 1 he Dcpanmcnt of Environmental Protect io n at the foli o" ing address Au dit Director Florida Department of Environmental Protec tion Office of the Inspector General, MS 40 3900 Commonwealth Boulevard T allahassee, Florida 32399-3000 Electronically : FOEPSing leAudi t '.{ildep .state .~ B. ·n1e Federal Audi t Clearinghouse des ignated in 0Ml3 Circular A· 133, as revised (the number of copies required by Sec tions .320 (dXI) and (2), OMB C1rcular A-133. as revised, should be sub mitted to the Federal Audit Clearinghouse), at the following addn:s): Federal Audit Clearinghouse Bureau of the Census 120 l East I 0th Street Jeffersonville, rN 47132 Submiss ions of the Single Aod it reponing package for fiscal per iods ending on or after Janual) I, 20 08, must be submined using the redcral Clcar inghou sc's Internet Data Entr) System which can be found at http harvester.cens us govifac ' C. Other Feder.ll agencies and pass·through entitles in accordance "ith Sections .320 (e ) and (f). OMB Circular A-133, as revised . Pu rs uant to Section 320(f), OMB Circular J\-133. as rev ised . the recipient shall subm it a cop)' of the rcponing package dl!Scribed in Section .320(c). OMO Circular A· 133, as revised. and an) managemem lcucrs is sued by the auditor. to the Depanment of Environmental Protect ion at the following add ress : Audi t Direc to r Florida Depanment of Environmental Protec tion Office of1he lnspeclor General, MS 40 3900 Commonwealth Aoulcvarcl Tallahassee, Flo rida 32399-3000 Elec tronically: f.PE PS in de Audit (i/dep .Sl:SlC . n .u ~ Co pies of financial reporting packages required b~ PART II o f th is Attachment sha ll be submitted by or on behalf of the rec ipient ~to each o f th e following A 1 he l)cpanment of Environmental Protection at the foll ov. 1ng addre ss · Au d it Dir ect o r Florida Department of Environmental Protection Office of the Inspector General , MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electron ically: FDEPr.;111gleAud11 u dep.~tatc .0 .y s Dl:P Agreeme nt No. I 4CO I , Ame ndment No. I, An achmen t H, P:ige 3 of S 16.A.4.d Packet Pg. 1092 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) ATfAC H:vt F.NT II F lori da De p artm ent o f E n v iron m ent a l P r otect io n (SP EC I AL AU DIT REQ UI REME NT) B. 1 he Auditor General's Omce at the following address : State ofFlorida Auditor General Room 40 I , Claude Pepper Building 111 West Madison Street Tallahasm:, Flo rida 32990-1450 4. Copies of reporh or management lencrs required by PART Ill of this A 11achment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audi t Di r ec to r Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahas~ce, Florida 32399-3000 Elec tronically : FDEPSi ngleAud it{th dep fl us 5 An) report s. management leners, or other infonna11on required to be submi tted to the Department of Environmental Protection pursuant to this Agreement shall be submitted time I)' in accordance wtth OM B Circular A-133, Florida Statutes. or Chapters 10 550 (local go\t!mmental entities) or I 0.650 (nonprofit and for-profit o rgani 7ation~). Rules of the Audi tor General. as app li cable . 6 Recipient s, \\hen submimng financial reponing package~ to the Depanmcnt of En' 1romnental Protection for audits done in acco rdance with OMB Ci rcular A-133, or Chapters 10 550 (local governmental entit ies) or 10.650 (nonprofit and for-profit organizations). Rules of the Aud itor General. should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PA RT V: R EC ORD R ETE:'olT I ON The recipient shall retain sutlicient records demonstrating its compliance with the tenn s of thi s Agreement for a pe riod ofS yea rs from the date the audit report is issued. and shall allow the Department of f:nviron men tal Prot ect ion, or its dcs1gnee. Chief Financia l Ofliccr, or Auditor General access to such records upon rcquc~t . The recipient shall ensure that audit \\Orking paper~ a re made available to the Dcpanmcnt of Environmental Protection, or its des ignee , Chief l'm :mcial omcer, or Auditor (Jenera! upon request for a peri od of3 )Cars from the date the audit report is issued. unless ex11:ndcd in writing b) the Department of Environmen tal Pro tecti on. R D 1A I N D E R OF P AG E I NTF.NT I ONALL V LEFT B L A N K Ol:P Agr eeme nt No. I 4CO I, Ame ndme nt :--J o. I. Altachme nt 11, Page 4 of S 16.A.4.d Packet Pg. 1093 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) ATfACllM EN T H Florida De pa rtment of E nvironmental Protection (SPEC IAL AUDIT REQUIREMENTS) EX HIBIT -I FUN DS AWARDED TOTllE REC I PI ENT PURSUANT TO TH I S AGREEMENT C O NSI ST OF THE FOLLOWI NG: F d IR A d d h R . . P h. A C r1h F II c era cso urccs war e Co I c ec1 p1 cnc ursuanl co t 1s •ercement o ns1s t o e 0 OWIDl!.: Fed eral State Pr ogram Fed era l Agency CFDA CFDA Title Funding Amount Appropr ia tion Numhcr Number Category s Cate R d d eso urc es Awar e to Ch e R .. ccm1cn c r urs uant lo this Al.!.rcem eot c f h F II o ns1st 0 I C 0 OWIDl!. M h . R ate IDl!. Ii F d IP eso urccs or e er a r oframs: Federnl State Progra m Federal Ag ency CFDA C'FDA Title Fundin g Amoun t Appropriation Number Category St t R ac cso urccs A d d war c h R .. tot c ec 1p 1cnt p u rsuanl t o t h . A IS .frttmtnt c f h F II onsas l o t e 0 O ~'ln l!. R cso urces S b . t Se . 2 J 5 97 F S u 11cct o Cl tOO ' .. State CSFA Stat e Program Fund mg Sou rc e S tate Fi sca l CSFA Title or Fundin g Amount Appropriati o n Number Year Numbe r Fundin g Source Description Ca tegory Original (lencra l Revenue , 20 13-20 14 37.003 Beac h Ma na gement Funding $305.283 .27 1401 26 Agreemen t Chapter 2013-40, L.0.F,; Ass istance Program ~AA Linc Item# 1626 Am endment ~~osys tcm Management 20 14-20 15 37.003 Beach Management Funding $1.621,67 1.5 1 1401 26 # I ond Re storation Trust Assistance Program f'und. Chapter 20 14-5 1. L.O.F.: KiAA Linc Item# 1653 Total Award I $1.926.954.78 lfkt ife { .,?J.I For each progrnm identi lied above. the recipient shall comply wi th the program re.quircmc nt s described in the Catalog o f Federal Domest ic Assis tance (CFDA) [hnp:/112.46 24 5 173 /e fd :Vc fda .html] and/o r the Fl orida Catalog of State Financ ial Assistance (CSFA) [hups://apps .Odfs .com/fsaalscarchCatalog.aspx]. The services/purposes for which the fund s arc to be used arc included in the Cont ract scope o f services/work. Any match required by the recipient is cle:irly indic:ited in the Contract . DEP Agrceml!nt No . I 4CO I , Amendmen t No. I. Attachment H. Page 5 of 5 16.A.4.d Packet Pg. 1094 Attachment: AMEND 2016 01-19 FDEP 14C01.001 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1095 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1096 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1097 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1098 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1099 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1100 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1101 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1102 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1103 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1104 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1105 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1106 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1107 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1108 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1109 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1110 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1111 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1112 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1113 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1114 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1115 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1116 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1117 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1118 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1119 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1120 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1121 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1122 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1123 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1124 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1125 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1126 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1127 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.ePacket Pg. 1128Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1129 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1130 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1131 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1132 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1133 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1134 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1135 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1136 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1137 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.e Packet Pg. 1138 Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2) 16.A.4.ePacket Pg. 1139Attachment: AMEND 2017 05-30 FDEP 14CO1.002 2020 03-31 (11346 : 14CO1 Change Order #2)