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DEP AGREEMENT No: 141R3
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESOURCE MANAGEMENT
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
WABASSO BEACH RESTORATION PROJECT
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 INDIAN RIVER COUNTY, a local
government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is Indian River County Public
Works, 1801 27th Street, Vero Beach, Florida 32960, for the project described herein.
WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes,
provides financial assistance to eligible governmental entities for beach erosion control activities under the
Florida Beach Management Funding Assistance Program; and,
WHEREAS, pursuant to 62B -36.005(1)(d), Florida Administrative Code, the LOCAL SPONSOR
has resolved to support, serve as locai sponsor, demonstrated a financial commitment to the beach erosion
control project as described herein, and has the ability to perform 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 WABASSO BEACH RESTORATION PROJECT, (hereafter referred to
as the PROJECT), as defined in Attachment A (Grant Work Plan), attached hereto and made a part
hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to
implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and
all attachments and exhibits named herein that are attached hereto and incorporated by reference. For
purposes of this Agreement, the terms "Grantee", "Recipient" and "Local Sponsor" are used
interchangeably.
2. This Agreement shall begin on the last date executed and end on March 31, 2015. Pursuant to Section
161.101 (18), Florida Statutes, and 62B-36.009, Florida Administrative Code, work conducted on this
PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT
beginning on or after January 1, 2013, 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.
DEP Agreement No. 14183, Page 1 of 11
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.
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 restoration of approximately 6.1 miles of
shoreline between DEP Monuments R20 - R51 (critically eroded section) in Indian River
County (Sector 3). Phase I construction was completed in 2010. Phase II construction was
initiated in 2011 and completed in 2012. The life of the PROJECT is defined as ten (10) years
following completion of each construction event. The parties expressly agree that the provisions of
this paragraph shall survive and be enforceable beyond the expiration date of this Agreement.
7 A. For tasks, as specified in Table 1 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. A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the
PROJECT are identified in Table 1 below:
TABLE 1
Eligible Project
Task #
Eligible Project Tasks
State
Cost
Share
(%)
Federal
DEP
Local
Total
4.0
Monitoring
4.1
2013 Sea Turtle Monitoring
50%
$73,643.50
$73,643.50
$147,287.00
4.2
2013 Physical Monitoring
50%
$28,761.68
$28,761.68
$57,523.36
4.3
2013 Hardbottom Monitoring
50%
$120,981.21
$120,981.21
$241,962.42
TOTAL PROJECT COSTS
$223,386.39
$223,386.39
$446,772.78
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 hundred (100) percent of the non-federal PROJECT cost is
eligible for state cost sharing. Therefore, the DEPARTMENTs financial obligation shall not exceed
the sum of $223,386.39 for this PROJECT or up to fifty (50) percent of the non-federal project cost,
if applicable, for the specific eligible PROJECT items listed above, whichever is less. Any indicated
federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the
non-federal share.
DEP Agreement No. 14183, Page 2 of 11
10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the
PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not
a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible
PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of
the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in
Table 1 above, shall be provided through formal amendment to this Agreement.
11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent,
representative, or employee of the DEPARTMENT.
12. 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 B (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 C (Request
for Payment, PARTS 1— IV), attached hereto and made a part hereof. These forms are to be submitted
upon completion of deliverables identified in the approved Scope of Work. These forms shall be
certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's
Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel
limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty
(30) days following the completion date of this Agreement. The DEPARTMENT will not release
funds for construction activities until such time as all requisite authorizations, environmental permits,
and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes,
have been obtained. The final payment will not be processed until the match requirement has been
met.
13. The DEPARTMENTs Project Manager shall have thirty (30) days after receipt of each request for
payment to determine that the work has been accomplished in accordance with the terms and
conditions of this Agreement prior to approving the request for payment. It is understood and agreed
that any request for payment that requires the DEPARTMENT to request additional information of the
LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and will reset when such
information is received as requested by the DEPARTMENT. Upon approval of the request for
payment the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent
which shall be retained on account. The cumulative amount retained for each eligible deliverable item
shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL
SPONSOR has complied with all the terms and conditions of the Agreement. The DEPARTMENT
will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. When requested, this information must be provided within thirty
(30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to
submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits).
14. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's
Project Manager on a quarterly basis, Attachment C (Project Progress Report, Part III), as updates
to the project schedule, no later than thirty (30) days following the completion date of the quarterly
reporting period in which the project is underway. The term "quarterly" shall reflect the calendar
quarters ending March 31, June 30, September 30, and December 31. Progress reports are to be
DEP Agreement No. 141R3, Page 3 of 11
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 reimbursement is sought for
a given quarter, all applicable portions of the progress report must still be completed and submitted.
The timely submittal of these quarterly reports will result in points for the ranking of future projects
under the Beach Management Funding Assistance Program.
15. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the
DEPARTMENT a certification of completion, attached hereto as Attachment D (Project Completion
Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT
within sixty (60) days after the PROJECT is certified complete by the LOCAL SPONSOR.
16. 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.
17. 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.
18. 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.
19. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of
the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to
termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to
terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the
DEPARTMENT regarding the reason(s) for termination.
B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by
giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if
delivered personally or overnight courier to the address set forth in this Agreement.
20. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the event
that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR shall re-
perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the
DEPARTMENT, within ten (10) days of being notified of the unsatisfactory deliverable. If a
satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in
its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the
DEPARTMENT'S Grant Manager may, by letter specifying the failure of performance under this
Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL
SPONSOR to the DEPARTMENT. All CAPs must be able to be implemented and performed in no
more than sixty (60) days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from
the DEPARTMENT. The CAP shall be sent to the Department Grant Manager for review and
approval. Within ten (10) calendar days of receipt of a CAP, the DEPARTMENT shall notify
the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If the CAP
is not accepted, the LOCAL SPONSOR shall have ten (10) calendar days from receipt of the
DEP Agreement No. 14183, Page 4 of 11
DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain the DEPARTMENT approval of a CAP as specified above shall result in the
DEPARTMENT'S termination of this Agreement for cause as authorized in this Agreement.
B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP, the LOCAL SPONSOR
shall have ten (10) calendar days to commence implementation of the accepted plan.
Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL
SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to correct
or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT shall
retain the right to require additional or further remedial steps, or to terminate this Agreement
for failure to perform. No actions approved by the DEPARTMENT or steps taken by the
LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any
deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP
until all deficiencies are corrected. Reports on the progress of the CAP will be made to the
DEPARTMENT as requested by the Department Grant Manager.
C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency
in the performance of the LOCAL SPONSOR as specified by the DEPARTMENT may result
in termination of this Agreement.
The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise
other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement.
22. 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
James Gray
Indian River County
Indian River County Public Works, 1801 27th Street,
Vero Beach, Florida 32960
772-226-1344
jgray(c�irgov.com
DEPARTMENT
Dena VanLandingham, Grant Program Administrator
Department of Environmental Protection
Beach Management Funding Assistance Program
2600 Blair Stone Road, MS 3554
Tallahassee, Florida 32399
(850) 245-7692
Dena.Vanlandingham@dep.state.fl.us
Any changes to the contact information shown above or in paragraph 24 must be reduced to writing in
the form of an email notification.
23. The LOCAL SPONSOR's Project Manager for all matters is James Gray, Phone: (772) 226-1344. The
DEPARTMENT's Project Manager for all technical matters is Catherine Florko, Phone: (850) 245-
7688 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena
VanLandingham, Phone: (850) 245-7692.
DEP Agreement No. 14IR3, Page 5 of 11
24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL
SPONSOR to allow public access to all documents, papers, letters, or other material made or received
by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from
Section 24(a) of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes.
25. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this Agreement and for five (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.
26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall
comply with the applicable provisions contained in Attachment E (Special Audit
Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E
summarizes the funding sources supporting the Agreement for purposes of assisting the
LOCAL SPONSOR in complying with the requirements of Attachment E. A revised copy of
Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a
funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of
Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Program
Administrator at 850/245-7692, to request a copy of the updated information.
B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal
and/or state) identified in Attachment E, Exhibit 1 when making its determination. For
federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under
OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship
represents that of a sub recipient or vendor. For state financial assistance, the LOCAL
SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be
found under the "Links/Forms" section appearing at the following website:
https://apps.fldfs.com/fsaa
The LOCAL SPONSOR should confer with its chief financial officer, or audit director or
contact the DEPARTMENT for assistance with questions pertaining to the applicability of
these requirements.
27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited
from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial
branch or a state agency.
28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest
that would conflict in any manner or degree with the performance of services required.
DEP Agreement No. I41113, Page 6 of 11
29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with
the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law. If any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon
County, Florida.
30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement, shall impair any such right, power or remedy of either
party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
31. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees
connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection afforded by the
LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise
protected.
32. The LOCAL SPONSOR 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.
33. 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.
34. 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.
35. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall
be excluded from participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the
Florida Department of Management Services may not submit a bid on a contract to provide
goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact
business with any public entity. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of Supplier Diversity at
(850) 487-0915.
36. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for
DEP Agreement No. 14IR3, Page 7 of 11
separately. LOCAL SPONSORS are prohibited from commingling funds on either a program -
by -program or a project -by -project basis. Funds specifically budgeted and/or received for one
project may not be used to support another project. Where a LOCAL SPONSOR's, or
subrecipient's, accounting system cannot comply with this requirement, the LOCAL
SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability
for each project it has been awarded.
B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT
shall have the right to demand a refund, either in whole or in part, of the funds provided to the
LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this
Agreement. The LOCAL SPONSOR, upon such written notification from the
DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of
money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on
the prevailing rate used by the State Board of Administration. Interest shall be calculated from
the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL
SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT.
C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and
reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall
reimburse the DEPARTMENT for all recovered funds originally provided under this
Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the
State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are
recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT
by the LOCAL SPONSOR.
37. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this
Agreement without the prior written consent of the DEPARTMENT's Project Manager.
Regardless of any subcontract, the LOCAL SPONSOR is ultimately responsible for all work
to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the
executed subcontract to the DEPARTMENT within ten (10) days after execution. The
LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included
in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the
payment of all monies due under any subcontract. It is understood and agreed by the LOCAL
SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses
or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The
LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based
on the travel limits established in Section 112.061, Florida Statutes.
1. The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A. Invoices
submitted to the DEPARTMENT for fixed price subcontracted activities shall be
supported with a copy of the subcontractor's invoice and a copy of the tabulation form
for the competitive procurement process (Invitation to Bid or Request for Proposals)
resulting in the fixed price subcontract.
2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a
fixed price subcontract resulting from procurement methods other than those identified
in the paragraph above. In this instance, the LOCAL SPONSOR shall request the
advance written approval from the DEPARTMENT's Project Manager of the fixed price
negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a
detailed budget and Scope of Services to be performed by the subcontractor. Upon
DEP Agreement No. 14IR3, Page 8 of 11
receipt of the DEPARTMENT Project Manager's approval of the fixed price amount,
the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract.
3. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate
provisions of this Agreement which affect subcontracting activities.
B. The DEPARTMENT supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically.
The award of subcontracts should reflect the full diversity of the citizens of the State of Florida.
A list of Minority Owned firms that could be offered subcontracting opportunities may be
obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
38. 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.
39. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms
and conditions of this Agreement.
40. 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.
41. 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.
42. 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.
43. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of
the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the
DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the
DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to
be taken to minimize the delay and the LOCAL SPONSOR' s intended timetable for implementation
of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused
by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under
this Agreement for a period of time equal to the delay resulting from the force majeure upon execution
DEP Agreement No. 14IR3, Page 9 of 11
of an amendment to this Agreement. Such agreement shall be confirmed by letter from the
DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act
of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public
riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through
no fault of the LOCAL SPONSOR, and any other cause, whether of the kind specifically enumerated
herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the
DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued
under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or
subcontractor(s) shall not constitute a force majeure event.
44. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been
reduced to writing, duly signed by each of the parties hereto, and attached to the original of this
Agreement, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 141R3, Page 10 of 11
IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the
respective dates under their signatures:
INDIAN RIVER COUNTY
By:
Title: Commission Chair
Date:
11-4-14
FLORIDA DEPARTMENT OF
o"- ENVIRONMENTAL PROTECTION
i gpep u ent of Environmental Protection
t %• ''': Secre . or designee
FT
Circuit Gout sod Comptroller
Local Sponsor's Attorney
(if necessary)
Date-
// -/ lop/
Department of Environmental Protection
Grant Program Administrator
to form and legality:
Dep
Attorney
vironmental Protection
*If someone other than the Commission Chair 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
Specify
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Letter/
Number
included as part of this Agreement:
Description (include number of pages)
A Grant Work Plan (2 pages)
B Contract Payment Requirements (1 page)
C Request For Payment, Parts I - IV (4 pages)
D Project Completion Certification (1 page)
E Special Audit Requirements (5 pages)
DEP Agreement No. 141 R3, Page 11 of 11
ATTACHMENT A
GRANT WORK PLAN
Project Title: Wabasso Beach (Sector 3) Restoration Project.
Project Location: Between R20 and R51.3 in Indian River County.
Project Background: Restoration of approximately 6.1 miles of shoreline between DEP Monuments R20 - R51
(critically eroded section) in Indian River County (Sector 3). Phase I construction was completed in 2010. Phase
II construction was initiated in 2011 and completed in 2012.
The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement,
all applicable DEPARTMENT permits and the eligible project task items established below. All data collection
and processing, and the resulting product deliverables, shall comply with the standard technical specifications
contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2004) and
Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein
after referred to as SOW) for an eligible PROJECT item. The monitoring standards and GIS guidelines may be
found at http://www.dep.state.fl.us/beaches/publications/pdf/PhvsicalMonitoringStandards.pdf. One (1)
electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT,
unless otherwise specified.
Project Description:
The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date
listed.
4.0 Monitoring
A monitoring program conducted in accordance with the requirements specified in any and all permits issued by
the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in
writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner
which will coordinate the monitoring activities associated with current shoreline stabilization projects located
within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program.
Performance Standard: All deliverables, reports, and monitoring results will be circulated to the Bureau for
review and comment. When comments are received from the Bureau affirming that the deliverable is acceptable,
payment will be authorized.
4.12013 Sea Turtle Monitoring
Permit required sea turtle monitoring included pre -nesting nighttime lighting evaluations, escarpment monitoring,
in -water turtle monitoring, post -construction sea turtle monitoring and crawl documentation, data management,
Quality Assurance, nest marking, summary report and preparation of permit required spreadsheet.
Deliverable A: DEP permit required monitoring data, as presented on FWC formatted spreadsheet and final
interpretative report.
Total Cost: $147,287 (DEP cost $73,643.50).
Due Date: January 30, 2017.
DEP Agreement No. 141R3, Attachment A, Page 1 of 2
4.2 2013 Physical Monitoring
Permit required physical monitoring was conducted in accordance with the terms and conditions of DEP permit
number 0285993-001-7C. The post construction physical monitoring efforts included data acquisition and quality
control, survey data analysis and the preparation of a physical monitoring report.
Deliverable A: 2013 Physical monitoring report.
Total Cost: $40,473.36 (DEP cost $20,236.68).
Due Date: January 30, 2017.
Deliverable B: 2013 Survey data in DEP format.
Total Cost: $17,050 (DEP cost $8,525).
Due Date: January 30, 2017.
4.3 2013 Hardbottom Monitoring
Permit required hardbottom monitoring was conducted in accordance with the terms and conditions of DEP
permit number 0285993 -001 -JC. The post construction hardbottom monitoring efforts included transect
monitoring surveys of 23 previously established permanent cross-shorc transccts from R20 through R65. The
field surveys also consisted of the mapping of nearshore edge of hardbottom along the length of the project.
Hardbottom monitoring also included a post -construction UMAM analysis of hardbottom impacts.
Deliverable A: 2013 Hardbottom monitoring report and UMAM analysis report.
Total Cost: $241,962.42 (DEP cost $120,981.21).
Due Date: January 30, 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. 14183, Attachment A, Page 2 of 2
ATTACHMENT B
Florida Department of Environmental Protection
DEP 55-219 Contract Payment Requirements
Required Signatures: No Signature
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses,
etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item
has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect
the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries
A payroll register or similar documentation should be submitted. The payroll
register should show gross salary charges, fringe benefits, other deductions and net
pay. If an individual for whom reimbursement is being claimed is paid by the hour,
a document reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe
Benefits
Fringe Benefits should be supported by invoices showing the amount paid on
behalf of the employee (e.g., insurance premiums paid). If the contract specifically
states that fringe benefits will be based on a specified percentage rather than the
actual cost of fringe benefits, then the calculation for the fringe benefits amount
must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel
Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel
voucher.
(4) Other Reimbursement will be made based on paid invoices/receipts. If nonexpendable
direct property is purchased using State funds, the contract should include a provision for
costs the transfer of the property to the State when services are terminated.
Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding
the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in Section 273.02,
Florida Statutes, for subsequent transfer to the State.
(5) In-house Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
charges reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate,
costs then the calculation should be shown.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address:
http://www.fldfs.com/aadir/reference guide.htm .
DEP Agreement No. 14183, Attachment B, Page 1 of 1
ATTACHMENT C
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART 1
PAYMENT SUMMARY
NAME OF PROJECT: WABASSO BEACH RESTORATION PROJECT
LOCAL SPONSOR. INDIAN R1VF.R COI TNTY DEP Agreement Number. 141R3
Billing Number:
Billing Type: ❑ Interim Billing ❑ Final Billing
Costs Incurred This Payment Request:
Federal Share* State Share Local Share Total
*if applicable
Cost Summary:
State Funds Obligated $
Less Advance Pay $
Less Previous Payment $
Less Previous Retained $
Less This Payment $
Less This Retainage (10%) $
State Funds Remaining $
Local Funds Obligated $
Less Advance Pay $
Less Previous Credits $
Less This Credit $
Local Funds Remaining $
DEP Agreement No. 14IR3, Attachment C, Page 1 of 4
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REVISED REQUEST FOR PAYMENT — PART H
Name of Project: WABASSO BEACII RESTORATION PROJECT Billing Period (1):
Billing Number:
DEP Agreement Number : 141R3
Person Completing Form & Telephone Number (2):
REIMBURSEMENT DETAIL
Item
4
Vendor
Name
Invoice
Number
Invoice
Date
Check
Number
Deliverable
Number (3)
Eligible
Cost
(4)
% Fed
Share
(5)
Federal
Share of
Invoice
Amount (6)
Non-
Federal
Share (7)
% State
Share (8)
State
Share
(9)
Local
Share (10)
Retainage
Payment
(11)
Withheld
Retainage
(12)
State
Payment
(13)
7
Totals -
Total Due to Local Sponsor (14)
Form Instructions:
1. Billing Period: Should reflect Invoice services performed 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 form.
3. Deliverable 4: Must identify completed deliverable(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 amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only.
5. % Federal Share: If applicable this should be the percentage listed in Agreement Federal Share will be listed on Table I if applicable.
6. Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage.
7. Non -Federal Share: Eligible 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.
10. Local Share: Subtract State Share from Non -Federal Share.
11. Retainage Payment Requires separate line for each completed Task, Sub -Task and or Deliverable that retainage is being requested.
12. Withheld Retainage: Multiply State Share by 10%
13 State Payment: Subtract Retainage from State Share.
14. Total Due to Local Sponsor: Add Retainage Payment Total to State Payment Total.
Notes: For questions or concerns regarding this form please contact: Janice Simmons - (850)245-8222 or email at Janice.L.Simmons@dep.state.fl.us
DEP Agreement No. 14183, Attachment C, Page 2 of 4
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART III
PROJECT PROGRESS REPORT
NAME OF PROJECT: WABASSO BEACH RESTORATION PROJECT
LOCAL SPONSOR: INDIAN RIVER COUNTY
DEP Agreement Number: 1 41R3
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:
(SEE EXAMPLE)
4.0 MONITORING
4.1 2013 Sea Turtle Monitoring
4.2 2013 Physical Monitoring
4.3 2013 Hardbottom Monitoring
DEP Agreement No. 141R3, Attachment C, Page 3 of 4
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTIFICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT — PART W
NAME OF PROJECT: WABASSO BEACH RESTORATION PROJECT
LOCAL SPONSOR: INDIAN RIVER COUNTY
DEP Agreement Number: 14183
Billing Number
Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR;
that payment from the State Government has not been received; that the work and/or services are in accordance with the
Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement
including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the
amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described
in the grant work plan.
I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of
checks, and other purchasing documentation are maintained as required to support the cost reported above and are
available for audit upon request.
Name of Project Administrator
Name of Project Financial Officer
Signature of Project Administrator Date
Signature of Project Financial Officer Date
DEP Agreement No. 14183, Attachment C, Page 4 of 4
ATTACHMENT D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
NAME OF PROJECT: WABASSO BEACH RESTORATION PROJECT
LOCAL SPONSOR: INDIAN RIVER COUNTY
DEP Agreement Number: 141R3
Task Completion ❑ Project Completion ❑
*I hereby certify that the above mentioned project task has been completed in accordance with the Project Agreement,
including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the
project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced
funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned
to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds
advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the
Federal final accounting has been completed.
Name of Project Manager
Signature of Project Manager Date
DEP Agreement No. 14183, Attachment D, Page 1 of 1
AOR. AVEMENSIsilatanf
- '
Florida Department of Environmental Protection
ATTACHMENT E
(SPECIAL AUDIT REQUIREMENTS)
Required Signatures: No Signature
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 Iimited to, on-site visits by Department staff, limited scope audits
as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection.
In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,
as revised.
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 1
to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement.
In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal resources received from the Department of Environmental Protection. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,
as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000
in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular
A- 133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be
paid from recipient resources obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the interne at
http:// 12.46.245.173 /c fda/cfda.htm 1.
DEP Agreement No. 14183, Attachment E, Page 1 of 5
Florida Department of Environmental Protection
ATTACHMENT E
__ ' A(SPECIAL (SPECIAL AUDIT REQUIREMENTS)
INISMINESSEEW
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2Xm), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any
fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Attachment indicates state fmancial assistance awarded through the Department of Environmental Protection by this
Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of
state financial assistance, including state financial assistance received from the Department of Environmental Protection,
other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through
awards and resources received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies
with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as
defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than
$500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e.,
the cost of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida
Single Audit Act website located at httis://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the
following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl,us/Welcome/index.cfirl,
State of Florida's website at httn://www.myflorida.com/_, Department of Financial Services' Website at http://www.fldfs.com/
and the Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a
matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other
Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for
audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In
such an event, the State awarding agency must arrange forfiinding the full cost of such additional audits.)
PART TV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by
PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on
behalf of the recipient directly to each of the following:
DEP Agreement No. 14IR3, Attachment E, Page 2 of 5
Florida Department of Environmental Protection
FLORIDA
- (SPECIAL AUDIT REQUIREMENTS)
TailegialtalEgIEW
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit CIearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,
must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found
at http://harvester.census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. Pursuant to Section .320(0, 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 fmancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32990-1450
DEP Agreement No. 141R3, Attachment E, Page 3 of 5
_ISSISIESSINSWIEr
_I
Florida Department of Environmental Protection
ATTACHMENT E
(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 directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-
133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting fmancial reporting packages to the Department of Environmental Protection for audits
done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package
was delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years
from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief
Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working
papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor
General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department
of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 14183, Attachment E, Page 4 of 5
Florida Department of Environmental Protection
ATTACHMENT E
(SPECIAL AUDIT REQUIREMENTS)
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97 F.S.:
State
Program
Number
Funding Source
State
Fiscal
Year
CSFA
Number
CSFA
Title or
Funding Source Description
Funding Amount
State
Appropriation
Category
Original
Agreement
Ecosystem Management
Trust Fund GGA Line
Item # 1626
2013-2014
37.003
Beach Management Funding
Assistance Program
$223,386.39
140126
Total Award I $223,386.39
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [httpsJ/apps.fldfs.corn/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. 141R3, Attachment E, Page 5 of 5