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