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15DU1_A1_Duval County Shore Protection Project-executedAGREEMENT No: 15DU1 AMENDMENT No. 1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR DUVAL COUNTY SHORE PROTECTION PROJECT THIS AGREEMENT, entered into on the 2nd of February, 2015, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 3900 Commonwealth Boulevard, MS 3601, Tallahassee, Florida 32399, and the CITY OF JACKSONVILLE, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is 214 N. Hogan St. 10th Floor, Jacksonville, Florida 32202, is hereby amended. WHEREAS, the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to include an additional scope of work, which will be incorporated by execution of this amendment. Accordingly, the Grant Work Plan is revised as set forth in Attachment A; and, WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived here from, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: • Paragraphs 1 through 45 and all attachments are hereby deleted in their entirety and replaced with the following: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the DUVAL COUNTY SHORE PROTECTION 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 July 31, 2018. Pursuant to Section 161.101 (18), Florida Statutes (F. S.), and 62B-36.009, Florida Administrative Code (F.A.C.), work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after February 25, 2015, may be eligible for reimbursement by the DEPARTMENT. 3. 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 design, construction, and monitoring of the nourishment of approximately 10.1 miles of Atlantic shoreline between Department Monuments R31 — R80 in Duval County. DEP Agreement No. 15DU1, Amendment No. 1, Page 1 of 14 4. For tasks, as specified in Table 1 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 be approved by the DEPARTMENT as to content, deliverables, and schedule prior to incorporating into Attachment A, as an amendment or change order to this Agreement pursuant to paragraph 39. 5. The DEPARTMENT has determined that 93.78 percent of the non-federal PROJECT cost is eligible for $2,901,956.48 for this state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of PROJECT or up to 46.89 percent of the non-federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed, 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. 6. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the Grant Work Plan in Attachment A 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 Attachment A, Table 1, shall be provided through formal amendment to this Agreement. 7. All notices and written communication between the parties shall be sent by electronic mail, United States Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any notices between the parties shall be delivered to the contact person at the addresses below: LOCAL SPONSOR Thomas Fallin Duval County 214 N. Hogan St. 10th Floor Jacksonville, Florida 32202 (904) 255-8710 ThomasF[a coi .net DEPARTMENT Dena VanLandingham, Program Grant Administrator Department of Environmental Protection Beach Management Funding Assistance Program 3900 Commonwealth Blvd, MS 3601 Tallahassee, Florida 32399 (850) 245-2970 Dena. Vanlandingham@dep.state.fl.us Any changes to the contact information for DEPARTMENT personnel shown above or in paragraph 8 must be reduced to writing in the form of an email notification from the DEPARTMENT. 8. The LOCAL SPONSOR's Project Manager for all matters is Thomas Fallin, Phone: (904) 255-8710. The DEPARTMENT's Project Manager for all technical matters is Thomas J. Edwards, Phone: (850) 245- 2976 and the DEPARTMENT's Program Grant Administrator for all administrative matters is Dena VanLandingham, Phone: (850) 245-2970. 9. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. DEP Agreement No. 15DU1, Amendment No. 1, Page 2 of 14 10. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 11. 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. 12. 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. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the DEPARTMENT if Legislative appropriations are reduced or eliminated. 13. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces or other eligible units, as identified in Attachment B (Funding Eligibility), attached hereto and made a part hereof, for public beach use throughout the life of the PROJECT as established under this Agreement. Pursuant to 62B-36.003(4), F.A.C, 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 public beach access sites and public parking or eligibility units the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces or eligibility units which are no longer available to the public for a 10 -year period. All public parking must be clearly signed or otherwise designated as public beach access parking. 14. A. In accordance with Section 216.181(16)(b), F.S., 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 1. 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. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31.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 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) calendar 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. DEP Agreement No. 15DU1, Amendment No. 1, Page 3 of 14 Unused funds, and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, shall be returned to the DEPARTMENT within sixty (60) calendar days of the completion of the construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers (USACE) through LOCAL SPONSORS will be due sixty (60) calendar days after the Federal final accounting has been completed. D. The parties hereto acknowledge that the State Chief Financial 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 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 Administrator of the LOCAL SPONSOR' s acceptance of the terms imposed by the State Chief Financial Officer for release of funds. 15. 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%SFguide. 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 Grant Work Plan. 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, F.S. A final invoice shall be due no later than thirty (30) calendar 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, F.S., have been obtained. The final payment will not be processed until the match requirement has been met. 16. The DEPARTMENT's Project Manager shall have thirty (30) calendar 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. Retainage of 10% of the disbursement may be held on account for each deliverable in the disbursement that represents a portion of the complete subtask. 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). DEP Agreement No. 15DU1, Amendment No. 1, Page 4 of 14 17. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT' s Project Manager on a quarterly basis, Attachment F (Project Progress Report, Part III of the Request for Payment package), as updates to the PROJECT schedule, no later than thirty (30) calendar 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 Microsoft Word ® (.doc) or Adobe Acrobat ® (.pdf). 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 (PROGRAM). 18. 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 Completion Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT within sixty (60) calendar days after the PROJECT is certified complete by the LOCAL SPONSOR. 19. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapters 287 and 255, F.S., as applicable, and Subsection 161.101(17), F.S. which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state -appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: 1) The contractor's maintaining an office or place of business within a particular local jurisdiction; 2) The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or 3) The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 20. The applicable provisions of Chapter 161, F.S., entitled "Dennis L. Jones Beach and Shore Preservation Act", and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 21. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. DEP Agreement No. 15DU1, Amendment No. 1, Page 5 of 14 22. 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) calendar 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) calendar days' written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered pursuant to paragraph 7 as set forth in this Agreement. C. The DEPARTMENT may terminate this Agreement in the event that all tasks identified in Attachment A, Grant Work Plan have been certified complete and approved by the DEPARTMENT, and all eligible reimbursements have been provided to the LOCAL SPONSOR. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days' written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT to verify that all eligible items have been completed and reimbursed. 23. 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 perform the services again as needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within ten (10) calendar 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 Project 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) calendar 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's Project 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 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's Project Manager. C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the DEPARTMENT may result in termination of this Agreement. DEP Agreement No. 15DU1, Amendment No. 1, Page 6 of 14 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. 24. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the DEPARTMENT for unlawful 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 and subject to disclosure under Chapter 119, F.S. and Section 24(a) of Article I of the State Constitution. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsman/ dep.state.fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 25. A. 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 the completion date of this Agreement. 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. B. The LOCAL SPONSOR understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the DEPARTMENT's Inspector General in any investigation, audit, inspection, review, or hearing. The LOCAL SPONSOR will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment II (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment II summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment II. 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 Administrator at 850/245-2970, to request a copy of the updated information. DEP Agreement No. 15DU1, Amendment No. 1, Page 7 of 14 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 utilize the guidance provided under U.S. Office of Management and Budget (OMB) Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the 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, F.S., 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. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure 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, F.S. 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. To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and categories specified below, during the life of this Agreement. The Grantee shall provide documentation of any private insurance or self-insurance, as may be applicable to governmental entities, to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. DEP Agreement No. 15DU1, Amendment No. 1, Page 8 of 14 A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company -Owned Vehicles, if applicable $300,000 Hired and Non -owned Automobile Liability Coverage D. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any other type of required insurance, including but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the parties' insurance carriers. E. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days' written notice (with the exception of non-payment of premium which requires a 10 -calendar -day notice) to the Department's Procurement Administrator. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. F. If the Grantee is a Florida governmental entity that is self-funded for liability insurance, this paragraph 32.F. supersedes 32.A. through E., above. DEP Agreement No. 15DU1, Amendment No. 1, Page 9 of 14 Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 33. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 34. A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, 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 pursuant to section 287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services (DMS) is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida DMS, Office of Supplier Diversity at (850) 487-0915. 35. A. The LOCAL SPONSOR is 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. Funds from each agency must be accounted for separately. 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. 36. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. 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) calendar days after execution. DEP Agreement No. 15DU1, Amendment No. 1, Page 10 of 14 The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. 1. The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the DEPARTMENT for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the LOCAL SPONSOR shall request the advance written approval from the DEPARTMENT's Project Manager of the fixed price negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DEPARTMENT Project Manager's approval of the fixed price amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract. 3. All subcontracts are subject to the provisions of 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. 37. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work. 38. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 39. The DEPARTMENT may at any time, by written order designated to be a change order, make any 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. DEP Agreement No. 15DU1, Amendment No. 1, Page 11 of 14 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 modification to the Grant Work Plan when such modifications would not involve a decrease/increase in total cost of the Agreement or an extension of the performance period of this Agreement. 40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes, but is not limited to, 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. 41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control PROJECT, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control PROJECT prior to entering each individual property to conduct such activities. 42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) calendar 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 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. 43. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of an electronic data file, such as Adobe Acrobat ® (.pdf), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof, pursuant to s. 668.004, F.S. 44. State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with s. 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the DEPARTMENT/LOCAL SPONSOR/permittee/engineering consultant. The LOCAL SPONSOR' s engineering consultant must provide an adequate mitigation plan, consistent with s. 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the LOCAL SPONSOR's engineering consultant, that addresses conflicts of interest when contracting multi- disciplinary firms for PROJECT engineering and post -construction environmental monitoring services, or when the PROJECT engineering consultant firm subcontracts for post -construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. DEP Agreement No. 15DU1, Amendment No. 1, Page 12 of 14 DEPARTMENT approval of the mitigation plan will be required prior to execution of this Agreement. If at any time the LOCAL SPONSOR and/or its engineering consultant fails to comply with this provision, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with environmental monitoring for the PROJECT listed in Attachment A. 45. In executing this Agreement, the Local Sponsor (or affiliate, subcontractor) certifies that it is not listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and/or Scrutinized Companies with Activities in Israel List (eft: 10.1.2016), created pursuant to section 215.473, F.S. Pursuant to subsection 287.135(5), F.S., the Local Sponsor (or affiliate, subcontractor) agrees the Department may immediately terminate this Agreement for cause if the Local Sponsor (or affiliate, subcontractor) is found to have submitted a false certification or if the Local Sponsor (or affiliate, subcontractor) is placed on the Scrutinized Companies list during the term of the Agreement. 46. 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. 15DU1, Amendment No. 1, Page 13 of 14 IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: CITY OF JACKSONVILLE A "y= �r(,.1 Title '.enny Curry, Mayo was) Print Nam and Title Date: FEID No. 59-60000344 1 Sam E. Mousa Chief Administrative Officer For. Mayor Lenny Curry Under Authority of Executive - rder No. 15 +5 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Department of Environmental Protection Secretaryec�or designee " 1 y" 1 n pi VI t ,f V 1 t:t-U7 Print Designee Name and Title Date: \ 3 7 Dena VanLandingham Program Grant Administrator n1 Sponsor's irney r Office ofGeneral Counsel ATTEST: omas J.wards DEP Pro ct Manager Lawsikia J. Hodges, Deputy General Counsel Print Name and 1 itle a on Secretary ity of Jacksonville *If someone other than the Mayor signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the Agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Type Letter/ 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 (5 pages) Funding Eligibility (1 page) Advanced Payment Justification Form (4 pages) Advanced Payment — Interest Earned Memorandum Sample (2 pages) Contract Payment Requirements (I page) Request for Payment, Parts 1- IV (4 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) DEP Agreement No. I5DU1, Amendment No. 1, Page 14 of 14 ATTACHMENT A GRANT WORK PLAN Project Title: Duval County Shore Protection Project. Project Location: The Project is located between Department of Environmental Protection (Department/DEP) reference monuments R3land R80 along the Atlantic Ocean in Duval County, Florida. Project Background: The Project consists of nourishment of approximately 10.1 miles of Atlantic shoreline between DEP Monuments R31 -R80. Initial restoration of this federal project occurred in 1978-1980. Additional nourishments occurred in 1985, 1987, 1991, 1995, 2003, 2005, and 2011. Design of the next nourishment is ongoing and construction is scheduled by the Corps of Engineers for Summer 2016. Project Description: The Project consists of design, construction, and monitoring of the nourishment of approximately 10.1 miles of Atlantic shoreline between Department Monuments R31 — R80 in Duval County. 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 and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved Scope of Work for an eligible Project item. The monitoring standards may be found at: http: //www. dep. state.fl.us/beaches/publications/pdf/PhvsicalMonitorin a Standards. pdf. One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Acronyms: USACE- United States Army Corps of Engineers FWCC — Fish Wildlife Conservation Commission FEMA- Federal Emergency Management Agency NEPA- National Environmental Policy Act BOEM — Bureau of Ocean Energy Management QA/QC — Quality Assurance and Quality Control CY — Cubic Yard NTP — Notice to Proceed For the purpose of this Attachment A, Grant Work Plan, the term "Grantee" and "Local Sponsor" will be used interchangeably. DEP Agreement No. 15DU1, Amendment No. 1, Attachment A, Page 1 of 5 The Department and the Local Sponsor/Grantee agree that the state grant funding, not to exceed, the estimated costs of the Project as identified in Table 1 below: TABLE 1 Estimated Eligible Project Cost Task # Eligible Project Tasks State Cost Share (/°) Federal Estimated Cost DEP Local Total 2.0 Design 2.1 Design and Permitting 46.89% 52,189.17 59,112.10 111,301.27 Subtotal 52,189.17 59,112.10 111,301.27 3.0 Construction 3.1 Construction 46.89% 6,842,255.00 2,728,599.80 3,090,550.97 12,661,405.77 3.2 Construction QA/QC Monitoring for Permit Compliance 46.89% 26,966.44 30,543.56 57,510.00 3.3 Immediate Pre/Post-Construction Biological and Physical Monitoring (2016) 46.89% 38,778.03 43,921.97 82,700.00 Subtotal 6,842,255.00 2,794,344.27 3,165,016.50 12,801,615.77 4.0 Monitoring 4.1 Year -One Post Construction Tilling (Spring/Summmer 2017) 46.89% 42,059.39 47,638.61 89,698.00 4.2 Year -Two Post Construction Tilling, Escarpment Removal & Monitoring (2018) 46.89% 13,363.65 15,136.35 28,500.00 Subtotal 6,842,255.00 55,423.04 62,774.96 118,198.00 TOTAL PROJECT COSTS 6,842,255.00 2,901,956.48 3,286,903.56 13,031,115.04 Changes in Project costs that increase or decrease the total funding amount shall require a formal amendment to the Agreement. TASKS and DELIVERABLES: Tasks must be completed as outlined below and in the Department -approved scope(s) of work prepared by the Local Sponsor for the Project. Deliverables listed below are to be completed by the Local Sponsor or submitted to the Department by the due date listed, in this Work Plan. The Deliverable due by dates established in this Grant Work Plan indicate the time by which a Deliverable is received. The dates do not necessarily correspond with permit required due by dates. The Local Sponsor must meet the terms of the permit for compliance. The Department shall provide review and comment/approval of each Deliverable prior to reimbursement. TASK 2.0 Desittn Task Description: The Local Sponsor will acquire the professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications for beach nourishment. All data and analysis will be presented in a Department -approved format per the scope of work required by paragraph 4 of this Work Plan. Performance Standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Scope of Work and this Grant Work Plan and this task description, and that work is being performed in accordance with the Grantee's service provider contracted documents and specifications. Reimbursement requests may be submitted once a deliverable has been submitted to and approved by the Department's Project Manager, in writing. DEP Agreement No. 15DU1, Amendment No. 1, Attachment A, Page 2 of 5 2.1 Design and Permitting The Local Sponsor's consultant shall prepare the construction design, completion of NEPA requirements, and negotiation of the BOEM lease for use of the offshore sand source, including review of USACE plans & Specifications for permit compliance. Deliverable A: Summary Report of actions taken to complete renewal of the project's Departments permit, initiate the USACE design and plans for the next project nourishment, and planning coordination for the upcoming construction. Total Cost: $66,451.27 (Department cost: $31,159.00). Due Date: June 30, 2018. Deliverable B: Summary Report, additional tasks required to complete construction design, develop the BOEM lease agreement for the offshore borrow areas, completion of the NEPA requirements, and contribute to the USACE design and plans for the next project nourishment. Total Cost: $44,850.00 (Department cost: $21,030.17). Due Date: June 30, 2018. TASK 3.0 Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. The task includes work associated with eligible beach restoration construction associated with the Project such as those costs approved through bids and construction -phase engineering and monitoring services. 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 State or Federal permits. The Local Sponsor will submit a construction activity package for task work completed during the period. The construction activity package must include: (1) An itemized summary of the materials, labor, or services to identify the nature of the work performed; the amount expended for such work; the name of the person/entity providing the service or performing the work; and proof of payment of the invoices, the period activity was performance; (2) A certification signed by the Local Sponsor's project manager as to the current cost of the Project; stating that the materials, labor, or services represented by the invoice have been satisfactorily purchased or performed and applied to the Project; and that all funds expended to date have been applied toward completing the Project; and (3) A certification signed and sealed by the Engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, received, approved and applied to the Project, as described in the Grant Work Plan, in accordance with construction contract documents; that payment is in accordance with construction contract provisions; and that construction, up to the point of the request, is in compliance with the contract documents; and identifying all additions or deletions to the Project that have altered the Project's performance standards, scope of work, or purpose since the issuance of the Depar tnient construction permit. Performance Standard: The Department's Project Manager will review the construction activity package and other deliverables to verify that 1) work was performed in accordance with the service provider's -contracted documents and specifications in this task description and 2) that the deliverables meet the specifications in this task description. Reimbursement requests may be submitted once a deliverable has been submitted to and approved by the Department's Project Manager. DEP Agreement No. 15DU1, Amendment No. 1, Attachment A, Page 3 of 5 3.1 Construction (2016) The Local Sponsor has contracted with the USACE to conduct a nourishment of the federal Duval County Beach Nourishment Project in Summer of 2016. The prior nourishment placed 690,000 cy of sand in July -August of 2011. The construction requirements for the next nourishment event are anticipated to include the dredging of approximately 780,000 cy of sand from the project's offshore borrow area (in federal waters), and placement along the project's shoreline between Mayport Naval Air Station and the Duval/St. Johns County Line. The funds will be used toward the non-federal share of design and construction costs, required by the USACE prior to contract award, for design, permitting, dredging and placement of beach fill sand, supervision and administration of construction by the USACE, and attendant construction -related requirements such as turbidity measurement, tilling, marine animal observers, vibration monitoring, etc. Advance payment of the non-federal cost share for construction will be requested in a letter from the USACE. Deliverable A: Construction of the 2016 federal nourishment, verified by the project completion certificate. Total Cost: $12,661,405.77 - Non-federal cost $5,819.150.77 (Department cost: $2,728,599.80). Due Date: June 30, 2018. 3.2 Construction QA/QC Monitoring for Permit Compliance The Local Sponsor's consultant shall coordinate with the USACE and Contractor to complete acquisition of the Departments NTP for the 2016 project construction, monitor and evaluate the construction of the project nourishment for compliance with the permit, lease and sediment QA/QC requirements. Deliverable A: Summary Report of actions taken to review project construction to ensure compliance with permit and sediment QA/QC requirements. Total Cost: $57,510.00 (Department cost: $26,966.44). Due Date: June 30, 2018. 3.3 Immediate Pre/Post-Construction Biological and Physical Monitoring (2016) The Local Sponsor's consultant shall conduct marine turtle and shorebird monitoring, including nest relocations (if necessary) by permit, prepare and submit Pre- and post -construction physical monitoring report and data. Deliverable A: Immediate Pre and Post -Construction Biological Data and Physical Monitoring reports along with survey data collected and provided by the USACE or subcontractor (2016). Total Cost: $82,700.00 (Department cost: $38,778.03). Due Date: June 30, 2018. TASK 4.0 Monitorin„ Task Description: This task includes a monitoring program conducted in accordance with the requirements specified in any and all permits issued by State or Federal agencies. A monitoring scope of work must 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. All data and analysis will be presented in a Department -approved format per the scope of work required by paragraph 4 of this Work Plan. Performance Standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Scope of Work and this Grant Work Plan and this task description, and that work is being performed in accordance with the Grantee's service provider contracted documents and specifications. DEP Agreement No. 15DU1, Amendment No. 1, Attachment A, Page 4 of 5 Reimbursement requests may be submitted once a deliverable has been submitted to and approved by the Department's Project Manager, in writing. 4.1 Year -One Post -Construction Biological and Physical Monitoring (Spring/Summer 2017) The Local Sponsor's consultant shall conduct the Year -One turtle monitoring and two lighting surveys, identify requirements for escarpment removal per permit requirements, including evaluating the beach fill construction area for beach compaction and tilling. Task also includes annual physical monitoring profile survey data and report. Deliverable A: Year -One Post Construction Turtle Monitoring Data in FWCC format, lighting survey data and report, escarpment monitoring report and Physical Monitoring report along with survey data collected and provided by the USACE or subcontractor (2016) Biological and Physical Monitoring, including completed tilling and escarpment removal actions. Total Cost: $89,698.00 (Department cost: $42,059.39). Due Date: June 30, 2018. 4.2 Year -Two Post -Construction Tilling, Escarpment Removal & Monitoring (2018) The Local Sponsor's consultant shall conduct the beach tilling and escarpment removal prior to the second marine turtle nesting season following project nourishment. Deliverable A: Summary Report of completed tilling and escarpment removal actions. Total Cost: $28,500.00 (Department cost: $13,363.65). Due Date: June 30, 2018. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received. 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. 15DU1, Amendment No. 1, Attachment A, Page 5 of 5 ATTACHMENT B FUNDING ELIGIBILITY DUVAL COUNTY SHORE PROTECTION PROJECT Project Boundary: R31 -R80. Approximate Shoreline Length: 47,675 FEET Public Access Location/Name R- Mon Type of Access Width of Access/ Frontage Total parking spaces/units Total Eligible shoreline (ft) Hanna Park R-31 to R-39 Primary 7695 100 10335 20th St. R-42 Secondary 40 7 409.6 19th St. R-43 Secondary 40 17.75 977.2 St. Dewees Ave/Coral St./Coquina Pl/Ocean R-46 Secondary 40 13 726.4 16th St. R-47 Secondary 40 0.5 66.4 15th St. R-47 Secondary 40 6 356.8 13th St. R-48 Secondary 40 2.25 158.8 8th/9th/Adele Grage Center R-49 Secondary 12 17 909.6 7th St. R-50 Secondary 40 0 40 6th St. R-50 Secondary 40 8.5 488.8 5th St. R-51 Secondary 40 4 251.2 4th St. R-51 Secondary 40 2 40 1st. St R-52 Secondary 30 25 1350 Palm St. /Atlantic St. (Ahern St.) R-52 Secondary 50 54 2901.2 Atlantic Blvd. R-53 Secondary 100 50 2740 Lemon St. R-53 Secondary 57 50 2697 Bay St. R-56 Secondary 57 12 690.6 Magnolia St. R-56 Secondary 57 15 849 Rose Place R-56 Secondary 33.5 0 33.5 North St. R-56 Secondary 16 14.5 781.6 Myra St. R-58 Secondary 50 4 261.2 Margeret St. R-59 Secondary 50 6 366.8 17th Ave. N R-60 Secondary 80 25 1400 DEP Agreement No. 15DU1, Amendment No.1, Attachment B, Page 1 of 2 Location/Name R- Mon Type of Access Width of Access/ Fronta:,e Total parking spaces/units Total Eligible shoreline (ft) 13th Ave. N R-61 Secondary 80 25 1400 4th & 5th Ave. N (Public Pear) R-64 to R-65 Primary 471 100 3111 1st Ave. N R-66 Secondary 160 54 3011.2 8th Ave. S. R-69 Secondary 80 31 1160 16th Ave. S. R-72 Primary 80 100 5360 20th Ave. S. R-73 Secondary 60 0 60 21st Ave. S. R-73 Secondary 40 0 40 22nd and 23rd Ave. S R-74 Secondary 40 0 40 26th Ave. S R-75 Secondary 5 0 5 28th Ave. S R-75 Secondary 5 0 5 31st Ave. S R-76 Secondary 5 0 5 32nd Ave. S R-76 Secondary 5 5 269 33rd Ave. S R-76 Secondary 5 0 5 34th Ave. S R-76 Secondary 50 12.5 710 37th Ave. R-77 Secondary 50 11.5 657.2 Duval #1 R-78 Secondary 10 0 10 Duval #2 _ R-79 Secondary 10 0 10 Duval #3 R-79 Secondary 10 0 10 Duval #4 R-79 Secondary 10 0 10 TOTAL 44,709.10 Total eligible shoreline length: 44,709 FEET Total project shoreline length: 47,675 FEET Percent eligible for State funding: 93.78 PERCENT State Cost Share: 46.89 PERCENT DEP Agreement No. 15DU1, Amendment No.1, Attachment B, Page 2 of 2 ATTACHMENT C Florida Department of Environmental Protection DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM Required Signatures: Original Ink Use of this form is not required unless the advance requested requires the prior approval of the Florida Department of Financial Services (DFS). For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form 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 Disbursements Section will forward requests for advance payment to DFS for review and legislature consultation, as appropriate. 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 ❑ Quarterly ❑ Full Contract Period ❑ Other (specify): Indicate Statutory Authority: [] 215.422, F.S ❑ 216.181, F.S. GAA Year and Line Item Info: SFY: Line Item: 1. Reason advance payment is required: 2. The following information is required for advances requested pursuant to 215.422, Florida Statutes (and the 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 current Treasury earnings rate. BGS - DEP 55-222 DEP Agreement No. 15DUI, Amendment No.1, Attachment C, Page 1 of 4 DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM B. Document, if applicable, how the goods or services are essential to the operation of the Depai lment and why they are available only if advance payment is made: BGS - DEP 55-222 DEP Agreement No. 15DU1, Amendment No.1, Attachment C, Page 2 of 4 DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM 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 Appropriation Categories 05XXXX or 14XXXX) A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315-3070 BGS - DEP 55-222 DEP Agreement No. 15DU1, Amendment No.1, Attachment C, Page 3 of 4 DEP 55-222 ADVANCE PAYMENT JUSTIFICATON FORM 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 format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Quarter Third Quarter Fourth Quarter Salaries (identify personnel/titles) _Fringe Benefits Contractual Services (list services and estimated costs) , Equipment (identify each item and cost) Supplies Travel Other (specify) Overhead/Indirect Total: Certification Statement The forgoing information is presented to the Florida Department support of our request for advance payment. I certify that the information the financial issues facing the entity at this time. By: of Environmental provided Protection in accurately reflects Date Type Name of Signatory: Title: Chief Financial Officer or designee 1 Program Area Review/Appral Recommendation: By:_ Approve Request Deny Request Date: Type Name of Signatory: Title: Bureau: Division: BGS - DEP 55-222 DEP Agreement No. 15DU1, Amendment No.1, Attachment C, Page 4 of 4 Memorandum ATTACHMENT D Environmental Protection WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST TO: Contract Manager Name FROM: Lydia Louis, Finance and Accounting Director III Bureau of Finance and Accounting DATE: MM/DD/YYYY SUBJECT: Advanced Funds for: Advanced Funds Recipient Name Contract No. Begin Date: Ending Date: Pursuant to Section 216.181(14)(b), Florida Statutes, advanced funds may be required to be deposited into an interest bearing account until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due, the following information is needed no later than MM/DDIYYYY. Interest Due to DEP: Yes ❑ No ❑ (If No, Advanced Funds Recipient is required to report only the amount of Advanced Funds Expended or Returned to DEP.) Project % of Completion as of MM/DD/YY: Final Report: ❑ Yes or ❑ No Project % of Completion as of MM/DD/YY: Estimated Project Completion Date: Initial advanced funds disbursed MM/DDM' Cumulative amount of advanced funds $ 1 Advanced funds principal expended by contractor covering period of MM/DD/YY to MM/DDM' 2 Advanced funds principal returned by contractor covering period of MM/DDM' to MM/DD/YY 3 Advanced funds principal balance available on hand 4 Interest earned on advanced funds covering period of MM/DD/YY to MM/DDM' 5 Amount of interest paid to DEP as of MM/DD/YY 6 Interest balance due to DEP as of MM/DD/YY Project Management Certification: By evidence of my signature below, the above information is true and correct. I have knowledge of the work performed and the advanced funds principal on hand is needed to complete the project(s) by the Estimated Project Completion Date. DEP Contract Manager Printed Name Advanced Funds Recipient Printed Name DEP Contract Manager Signature Date Advanced Funds Recipient Signature Date DEP USE ONLY Project Management Verification (please explain): Thank you for your cooperation in providing the above information. If you have any questions, please contact the Contract Disbursements Section at (850) 245-2465, in the Bureau of Finance & Accounting. DEP 53-210 DEP Agreement No. 15DU1, Amendment No.1, Attachment D, Page 1 of 2 INSTRUCTIONS TO COMPLETE THE ADVANCED FUNDS EXPENDED & INTEREST EARNED MEMO: This form should be completed by the Advanced Funds Recipient in its entirety, signed and dated by the appropriate personnel and submitted each reporting period. Please ensure each field on the form is completed according to the guidance provided. Percentage of Project Completion must be completed, indicating the percentage of progress for the current reporting period. Estimated Project Completion Date must be completed, indicating the anticipated project completion date in the MM/DD format. The Final Report indicator (Yes or No) must be completed. If the contract states that no interest is due, quarterly reporting of the expended advanced funds is still required. Lines 1, 2, and 3 must be completed. In all cases the lines 1, 2, and 3 reported amounts are on a cash basis for the advanced funds principal. Do not include receivables, payables, or interest previously paid to DEP. If the rant/contract requires quarterly accrued interest payments to DEP, the advanced funds recipient must complete lines 1 through 6 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the grant/contract. Project Management Certification: This section is to be completed by the DEP Contract Manager and the Advanced Funds Recipient to certify that the information provided on this form is true and accurately reflects the status of the advanced funds received from the Department. Project Management Verification: This section is to be completed by the DEP Contract Manager in providing the method used to verify that the information received from the Advanced Funds Recipient is true and accurately reflects the status of the advanced funds received from the Department. DEP 53-210 DEP Agreement No. 15DU1, Amendment No.1, Attachment D, Page 2 of 2 ATTACHMENT E Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that 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: (2) Fringe Benefits: (3) Travel: (4) Other direct costs: (5) In-house charges: 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. 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. Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts 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. Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. 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 55-219 DEP Agreement No. 15DU1, Amendment No.1, Attachment E, Page 1 of 1 ATTACHMENT F FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY NAME OF PROJECT: Duval County Shore Protection Project LOCAL SPONSOR: Duval Count\ REMITTANCE ADDRESS: DEP Agreement Number: 15DU1 Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* *if applicable Cost Summary: State Funds Obligated Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment Less This Retainage (10%) State Funds Remaining State Share Local Share Total Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining DEP Agreement No. 15DU1, Amendment No. 1, Attachment F, Page 1 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART II Name of Project: Billing Period (1): Billing Number: Person Completing Form & Telephone Number (2): DEP Agreement Number: Total Due to Local Sponsor (15) REIMBURSEMENT DETAIL eck nber Deliverable Number (3) Invoice Amount(4) Eligible Cost (5) % Fed Share (6) Federal Share of Invoice Amount (7)** Totals Non- Federal Share (8) % State Share (9) State Share (10) Local Share (11) Retainage Payment (12) Item # Vendor Name Invoice Number Invoice Date Ch Nu[ 0.00 0.00 I 0.00 Total Due to Local Sponsor (15) REIMBURSEMENT DETAIL eck nber Deliverable Number (3) Invoice Amount(4) Eligible Cost (5) % Fed Share (6) Federal Share of Invoice Amount (7)** Totals Non- Federal Share (8) % State Share (9) State Share (10) Local Share (11) Retainage Payment (12) Withheld Retainage (13) State Payment (14) - $0.00 0.00 0.00 I 0.00 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 responsible for completing this fore: Please identify the person responsible for completing information if clarification is needed. 3. Deliverable #: 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. Invoice Amount 5. Eligible Cost: Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only. 6. % Federal Share: If applicable this should be the percentage listed in Agreement. Federal Share will be listed on Table 1 if applicable. 7. Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage. 8. Non -Federal Share: Eligible Cost (5) minus Federal Share of Invoiced Amount (7). 9. Percentage of State Share: This should be the State Share Percentage listed in Agreement. 10. State Share: Multiply Non -Federal Share by State Share Percentage. 11. Local Share: Subtract State Share from Non -Federal Share. 12. Retainage Payment: Requires separate line for each completed Task, Sub -Task and or Deliverable that retainage is being requested. 13. Withheld Retainage: Multiply State Share by 10%. 14. State Payment: Subtract Retainage from State Share. 15. Total Due to Local Sponsor: Add Retainage Payment Total (12) to State Payment Total (14). Notes: For questions or concerns regarding this form please contact: Janice Simmons - (850)245-2978 or email at Janice.L.Simmons@dep.state.fl.us DEP Agreement No. 15DU1, Amendment No. 1, Attachment F, Page 2 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT NAME OF PROJECT: Duval County Shore Protection Project LOCAL SPONSOR: Duval County DEP Agreement Number: 15DU1 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 2.1 Design and Permitting 3.0 CONSTRUCTION 3.1 Construction (2016) 3.2 Construction QA/QC Monitoring for Permit Compliance 3.3 Immediate Pre/Post-Construction Biological and Physical Monitoring (2016) DEP Agreement No. 15DU1, Amendment No. 1, Attachment F, Page 3 of 5 4.0 MONITORING 4.1 Year -One Post -Construction Biological and Physical Monitoring (Spring/Summer 2017) 4.2 Year -Two Post -Construction Tilling, Escarpment Removal & Monitoring (2018) DEP Agreement No. 15DU1, Amendment No. 1, Attachment F, Page 4 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV NAME OF PROJECT: Duval County Shore Protection Project LOCAL SPONSOR: Duval County DEP Agreement Number: 15DU1 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. 15DU1, Amendment No. 1, Attachment F, Page 5 of 5 ATTACHMENT G FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION NAME OF PROJECT: Duval County Shore Protection Proiect LOCAL SPONSOR: Duval County DEP Agreement Number: 15DU1 Task Completion ❑(List Task) 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. 15DU1, Amendment No. 1, Attachment G, Page 1 of 1 ATTACHMENT H SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. 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. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 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 internet at httoa:1/12.46.245.173/cfda/cfda.html. BGS -DEP 55-215 DEP Agreement No. 15DU1, Amendment No. 1, Attachment H, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 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 https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at ht�r://www.mr florida.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 (Le., 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 for funding the full cost of such additional audits.) PART IV: 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: BGS -DEP 55-215 DEP Agreement No. 15DU1, Amendment No. 1, Attachment H, Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditdep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit a dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSinglleAuditta, dep.state.fl.us BGS -DEP 55-215 DEP Agreement No. 15DU1, Amendment No. 1, Attachment H, Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 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 one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditra den state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK BGS -DEP 55-215 DEP Agreement No. 15DU1, Amendment No. 1, Attachment H, Page 4 of 5 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 Numbe r CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Ecosystem Management and Restoration Trust Fund, Chapter 2014-51, L.O.F.; GAA Line Item 1653 2014-2015 37.003 Beach Management Funding Assistance Program $2, 031,159.00 140126 Amendment #1 Land Acquisition Trust Fund, Chapter 2016-66, L.O.F.; GAA Line Item # 1602 2016-2017 37.003 Beach Management Funding Assistance Program $826,300.00 140126 Amendment #1 General Revenue, Chapter 2012-118, L.O.F.; GAA Line Item # 1669 2012-2013 37.003 Beach Management Funding Assistance Program $44,497.48 140126 Total Award $2,901,956.48 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) [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. BGS -DEP 55-215 DEP Agreement No. 15DU1, Amendment No. 1, Attachment H, Page 5 of 5