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Home My Public Portal About2024-02 Accepting a Beach Management Funding Assistance Grant from the Florida Department of Environmental Protection (FDEP)RE S O L U T IO N N O . 20 2 4 -2 A RE S O L U T IO N O F T H E V IL L A G E C O U N C IL O F T H E 2 V IL L A G E O F K E Y B IS C A YN E , F L O RI D A , A C C E P T IN G A B E A C H M A N A G E M E N T F U N D IN G A S S I S T A N C E P R O G RA M M A T C H IN G G RA N T IN A N A M O U N T O F $4 5 0 ,0 0 0 F R O M T H E F L O RI D A D E P A R T M E N T O F E N V IR O N M E N T A L P R O T E C T IO N (F D E P ) F O R T H E V IL L A G E 'S B E A C H RE N O U RI S H M E N T P R O J E C T A N D A P P R O V IN G A G RA N T A G RE E M E N T RE L A T E D T O T H E SA M E ; P R O V ID IN G F O R A U T H O RI Z A T IO N ; A N D P R O V ID IN G F O R A N E F F E C T IV E D A T E . W H E RE A S , the Village of Key Biscayne (the "Village") desires to implement an emergency beach renourishment project to address the impacts of Hurricanes Ian and Nicole (the "Project"); and WHEREAS, the Florida Department of Environmental Protection ("FDEP") awarded the Village a $450,000 grant under the Beach Management Funding Assistance Program (the "Grant"), which the Village will match with capital improvement project (CIP) funds; and WHEREAS, the Village desires to accept the Grant and enter into a Standard Grant Agreement with FDEP, in substantially the form attached hereto as Exhibit "A" (the "Agreement"); and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Page I of2 Section 2. Acceptance and Approval. That the Village Council hereby accepts the Grant in the amount of$450,000 and approves the Agreement with FDEP in substantially the form attached hereto as Exhibit "A." Section 3. Authorization. That the Village Council hereby authorizes the Village Manager to execute the Agreement with FDEP, in substantially the form attached hereto as Exhibit "A," and any subsequent amendments or related documents necessary to implement the Agreement, subject to the Village Attorney's approval as to form, content, and legal sufficiency. Section 4. adoption. Effective Date. That this Resolution shall be effective immediately upon PASSED and ADOPTED this 23rd day of ~ ...... J~:~u~~. -~= .. ==--' 202~ JOE I. RASCO, MAYOR ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROT A HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 2 of2 E X H IB IT A STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Key Biscayne Sand Placement 24DAL 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Village of Key Biscayne Entity Type: Local Government Grantee Address: 88 W McIntyre Street, Suite 210, Key Biscayne, FL 33149 FEID: 65-0291811 Grantee 3. Agreement Begin Date: 07/1/2023 Date of Expiration: 06/30/2026 4. Project Number: (If different from Agreement Number) Project Location(s): Miami-Dade County Project Description: The project consists of construction. 5. Total Amount of Funding: Funding Source? A ward #s or Line Item Appropriations: Amount per Source(s): ~ State !Federal FY 23/24, GAA Line #1823A $ 450,000.00 $ 450,000.00 D State !Federal D Grantee Match Total Amount of Funding + Grantee Match, if any: $ 450,000.00 6. Department's Grant Manager Name: Christopher Love or successor Address: Beach Management Funding Assistance 2600 Blair Stone Road, MS #3601 Tallahassee, Florida 32399 Grantee's Grant Manager Name: Roland Samimy or successor Address: Village of Key Biscayne 88 W McIntyre Street, Suite 210 Key Biscayne, Florida 33149 Phone: 850-245-2008 Email: Christopher.Love(mFloridaDEP.1?:ov Phone: 305-365-5514 Email: rsamimy(mkeybiscayne.fl.1?:ov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby db fi incorporate ,y re erence: ~ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ~ Attachment 2: Special Terms and Conditions ~ Attachment 3: Grant Work Plan ~ Attachment 4: Public Records Requirements ~ Attachment 5: Special Audit Requirements D Attachment 6: Program-Specific Requirements D Attachment 7: Grant Award Terms (Federal) *Copy available at htt12s://facts.fldfs.com, in accordance with §215.985, F.S. D Attachment 8: Federal Regulations and Terms (Federal) D Additional Attachments (if necessary): ~ Exhibit A: Progress Report Form D Exhibit B: Property Reporting Form ~ Exhibit C: Payment Request Summary Form D Exhibit D: Quality Assurance Requirements D Exhibit E: Advance Payment Terms and Interest Earned Memo D Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR 1808 DEP Agreement No. 24DAL Rev. I 0/25/22 ! Additional Exhibits (if necessary): 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 l(a)(l): Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: AwardR&D? 0 Yes ON/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Village of Key Biscayne GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ~ Additional signatures attached on separate page. DEP Agreement No. 24DAL Rev. I 0/25/22 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 24DAL ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment I. Where in conflict, these more specific terms shall apply. l. Scope of Work. The Project funded under this Agreement is Key Biscayne Sand Placement. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ! ! Salaries/Wages Overhead/Indirect/General and Administrative Costs: ! ! a. Fringe Benefits, NI A. ! ! b. Indirect Costs, NI A. ~ ! Contractual (Subcontractors) ! ! Travel, in accordance with Section 112, F .S. ! ! Equipment ! ! Rental/Lease of Equipment ! ! Miscellaneous/Other Expenses ! ! Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements See Attachment 3, Grant Work Plan. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 I of3 R ev. 8/8/2023 m a in ta in e d b y th e G ra n te e s h a ll n o t b e in te rp r e te d a s lim itin g th e G ra n te e 's lia b ility a n d o b lig a tio n s u n d e r th e A g r e e m e n t. A ll in s u ra n c e p o lic ie s sh a ll b e th ro u g h in s u re rs lic e n s e d a n d a u th o riz e d to iss u e p o lic ie s in F lo rid a , o r a lt e rn a tiv e ly , G r a n te e m a y p ro v id e c o v e ra g e th ro u g h a se lf-in s u ra n c e p ro g ra m e s ta b lis h e d a n d o p e ra tin g u n d e r th e la w s o f F lo r id a . A d d itio n a l in s u ra n c e re q u ir e m e n ts fo r th is A g re e m e n t m a y b e re q u ire d e lse w h e re in th is A g r e e m e n t, h o w e v e r th e m in im u m in s u ra n c e re q u ir e m e n ts a p p lic a b le to th is A g re e m e n t a re : a . C o m m e r c ia l G e n e ra l L ia b ility In s u ra n c e . T h e G ra n te e sh a ll p ro v id e a d e q u a te c o m m e r c ia l g e n e ra l lia b ility in s u ra n c e c o v e ra g e a n d h o ld su c h lia b ility in s u ra n c e a t a ll tim e s d u r in g th e A g r e e m e n t. T h e D e p a rtm e n t, its e m p lo y e e s , a n d o ffi c e rs sh a ll b e n a m e d a s a n a d d itio n a l in s u re d o n a n y g e n e ra l lia b ility p o lic ie s . T h e m in im u m lim its sh a ll b e $2 5 0 ,0 0 0 fo r e a c h o c c u r r e n c e a n d $5 0 0 ,0 0 0 p o lic y a g g r e g a te . b . C o m m e r c ia l A u to m o b ile In s u ra n c e . If th e G ra n te e 's d u tie s in c lu d e th e u s e o f a c o m m e r c ia l v e h icl e , th e G ra n te e sh a ll m a in ta in a u to m o b ile lia b ility , b o d ily inju ry , a n d p ro p e rt y d a m a g e c o v e ra g e . In s u r in g cl a u s e s fo r b o th b o d ily inju ry a n d p ro p e rty d a m a g e sh a ll p ro v id e c o v e ra g e o n a n o c c u r re n c e b a s is . T h e D e p a rt m e n t, its e m p lo y e e s , a n d o ffi c e rs sh a ll b e n a m e d a s a n a d d itio n a l in s u r e d o n a n y a u to m o b ile in s u ra n c e p o lic y . T h e m in im u m lim its sh a ll b e a s fo ll o w s : $2 0 0 ,0 0 0 /3 0 0 ,0 0 0 A u to m o b ile L ia b ility fo r C o m p a n y -O w n e d V e h icl e s , if a p p lic a b le $2 0 0 ,0 0 0 /3 0 0 ,0 0 0 H ir e d a n d N o n -o w n e d A u to m o b ile L ia b ility C o v e ra g e c . W o r k e r s ' C o m p e n s a tio n a n d E m p lo y e r 's L ia b ility C o v e ra g e . T h e G ra n te e sh a ll p ro v id e w o r k e rs ' c o m p e n s a tio n , in a c c or d a n c e w ith C h a p te r 4 4 0 , F .S . a n d e m p lo y e r lia b ility c o v e ra g e w ith m in im u m lim its o f $1 0 0 ,0 0 0 p e r a c c id e n t, $1 0 0 ,0 0 0 p e r p e rso n , a n d $5 0 0 ,0 0 0 p o lic y a g g r e g a te . S u c h p o lici e s s h a ll c o v e r a ll e m p lo y e e s e n g a g e d in a n y w o rk u n d e r th e G ra n t. d . O th e r In s u ra n c e . N o n e . 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retain age. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier - firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908. I I 1 ( I )(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier - Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States Attachment 2 2 of3 Rev. 8/8/2023 a c c o r d in g to th e te r m s o f th e fe d e ra l Im m ig r a t io n a n d N a t io n a lity A c t, 8 U .S .C . s s . 11 0 I e t se q . T h e D e p a rt m e n t w ill te r m in a te a c o n t ra c t im m e d ia te ly if C o n t ra c to r is fo u n d to b e in v io la tio n o f th e la w o r th e a tt e s t a t io n in P U R 1 8 0 8 . 15. Additional Terms. None. Attachment 2 3 of3 R ev. 8/8/2023 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Key Biscayne Sand Placement PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments RIO! and Rl08 along the Atlantic Ocean in The Village of Key Biscayne in Miami-Dade County, Florida. PROJECT BACKGROUND: The Key Biscayne Beach Nourishment Project is a 1.3-mile project between DEP monuments RIO! and Rl08 in Miami-Dade County. The project was restored as a federally authorized restoration in 1987. In 1990, the project was de-authorized and was subsequently followed by four non-federal nourishments in 2002, 2008, 2012, and 2017. The most recent nourishment was completed in 2021 to address damages caused by Hurricane Irma. The next nourishment is a truck haul scheduled for Spring 2024 to address the impacts of hurricane Ian and Nicole. The Project received funding through 2023-2024 legislative appropriation from GAA line item# 1823A. The requested funds are for construction. PROJECT DESCRIPTION: The Project consists of construction. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $450,000 for this Project or up to 50 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. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in section 112.061, Florida Statute (F.S.). Pursuant to sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B-36.005(1 )( d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. 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: https ://tloridadep.gov Is i tes/defaul t/fi I es/Physical Mon i tori ngStandards. pdf One (I) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. DEP Agreement No. 24DAL, Attachment 3, Page I of 3 A c ro n y m s : D E P - F lo r id a D e p a rt m e n t o f E n v iro n m e n ta l P ro te c tio n F .A .C . - Fl o r id a A d m in is tra tiv e C o d e F .S . - F lo r id a S t a tu te s F W C - Fl o r id a F is h a n d W ild life C o n s e r v a tio n C o m m is s io n TA SK S and DELI VERA BLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. T ask 1: Construction T ask D escription: The Local Sponsor will acquire professional services for activities necessary to determine the feasibility of the proposed Project or Project-related improvements necessary to accomplish Department-approved goals and strategies. D elivera ble: Certification of Completion including documentation of submittal affirming that the final feasibility report was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Perfo rm ance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Paym ent R equest Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. DEP Agreement No. 24DAL, Attachment 3, Page 2 of3 E stim a te d E lig ib le P roje c t C o st State Federal Task# Eligible Project Tasks Cost Estimated Share Project DEP Local Total (%) Costs 1 Construction 50.00% $0.00 $450,000.00 $450,000.00 $900,000.00 TOTAL PROJECT COSTS $0.00 $450,000.00 $450,000.00 $900,000.00 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task Task Title Budget Category Budget Task Start Deliverable No. Amount Date Due Date 1 Construction Contractual Services $450,000.00 07/01/2023 09/30/2026 Total: $450,000.00 DEP Agreement No. 24DAL, Attachment 3, Page 3 of3 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1 ), F .S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701 (1 )(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy ofrequested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F .S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. lfthe contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 I of I Rev. 4/27/2018 S T A T E O F F L O R I D A D E P A R T M E N T O F E N V I R O N M E N T A L P R O T E C TI O N S p e c ia l A u d it R e q u ir e m e n t s (S t a t e a n d F e d e r a l F in a n ci a l A s s is ta n c e ) A tt a c h m e n t 5 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 agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the 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 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, 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 (CFO) 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 2 CFR §200.330 I. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program specific audit conducted in accordance with the provisions of2 CFR Part 200, Subpart F. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, 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 federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https:/ Isam. gov/content/ass istance-1 istings. Attachment 5 I of7 BGS-DEP 55-215 revised 11/8/2022 P A R T II : S T A T E F U N D E D This part is applicable if the recipient is a nonstate entity as defined by Section 215 .97(2), Florida Statutes. I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this form lists the 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 I; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters I 0.550 (local governmental entities) or I 0.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), 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 $750,000 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 (CSF A), a recipient should access the Florida Single Audit Act website located at https://apps.tldfs.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 http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART Ill: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215. 97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215. 97, Florida Statutes. in such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION I. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (F AC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.50l(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of7 BGS-DEP 55-215 revised I I /8/2022 B y M a il : F e d e ra l A u d it C le a r in g h o u s e B u r e a u o f th e C e n s u s 1 2 0 1 E a s t I 0 t h S tr e e t J e ffe r s o n v ill e , IN 4 7 1 3 2 S u b m is s io n s o f th e S in g le A u d it re p o r tin g p a c k a g e fo r fi s c a l p e r io d s e n d in g o n o r a fte r Ja n u a ry 1, 2 0 0 8 , m u s t b e s u b m itte d u s in g th e F e d e ra l C le a r in g h o u s e 's In t e rn e t D a ta E n try S y s te m w h ic h c a n b e fo u n d a t h ttp ://h a r v e s te r .c e n s u s .g o v /fa c w e b / 2 . C o p ie s o f fi n a n c ia l re p o rt in g p a c k a g e s re q u ir e d b y P A R T II o f th is A tt a c h m e n t s h a ll b e s u b m itt e d b y o r o n b e h a lfo f t h e r e c ip ie n t d ir e c tly to e a c h o f th e fo ll o w in g : A . T h e D e p a r tm e n t o f E n v iro n m e n ta l P ro te c t io n a t o n e o f th e fo ll o w in g a d d r e s s e s : B y M a il: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPS ingleA ud it@dep.state. fl. us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.gov0 provides instructions for filing an electronic copy of a financial reporting package. 3. Copies ofreports 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 Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4. 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 2 CFR 200.512, section 215.97, F .S., and Chapters I 0.550 (local governmental entities) or I 0.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of7 BGS-DEP 55-215 revised I I /8/2022 5 . R e c ip ie n ts , w h e n s u b m itt in g fi n a n c ia l re p o rt in g p a c k a g e s to th e D e p a rtm e n t o f E n v iro n m e n ta l P ro te c tio n fo r a u d its d o n e in a c c or d a n c e w ith 2 C F R 2 0 0 , S u b p a rt F -A u d it R e q u ire m e n ts, o r C h a p te rs I 0 .5 5 0 (l o c a l g o v e rn m e n ta l e n titie s ) a n d I 0 .6 5 0 (n o n a n d fo r-p ro fi t o rg a n iz a tio n s), R u le s o f th e A u d ito r G e n e ra l, sh o u ld in d ic a te th e d a te a n d th e re p o rt in g p a c k a g e w a s d e liv e re d to th e re c ip ie n t c o rre sp o n d e n c e acc o m p a n y in g th e re p o rt in g p a c k a g e . PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (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 three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of7 BGS-DEP 55-215 revised I I /8/2022 EXHIBIT- I FU N D S A W A R D ED TO TH E RECIPIENT PURSU A N T TO TH IS AG REEM ENT CO N SIST OF THE FO LLOW ING: Note: If the reso11rces awarded to the recipient represent more than one federal program, provide the same information shown below/or each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFD A Appropriation A Federa l Agency N um ber CFDA Title Funding Amount Category $ Federal State Program CFD A Appropriation B Federa l A gency N um ber CFDA Title Funding Amount Category $ Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements/or each federal program in the same manner as shown below· Federal Program First Com pliance requirem ent: i.e.: (what services of purposes resources must be used for) A Second Com pliance requirem ent: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program First Com pliance requirem ent: i.e .. (what services of purposes resources must be used for) B Second Com pliance requirem ent: i.e.: (eliaibilitv requirement for recinients of the resources) Etc. Etc. Attachment 5, Exhibit I 5 of7 BGS-DEl'SS-215 Rcviscd712019 N o t e : If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for mat ching. State Resources Awarded to the Recinient Pursuant to this Agreement Consist of the Following Matchina Resources for Federal Programs: Federal State Program Appropriation A Federal Agency CFDA CFDA Title Funding Amount Category Federal State Program Appropriation B Federal Azencv CFDA CFDA Title Funding Amount Category Note: Ifthe resources awarded lo the recipient represent more than one state project, provide the same information shown below/or each stale project and show I fi I d d h b 9 rs Iota state inancia assistance awar e I al is subiect to sec/ion 2 I 5. 7, State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation A State Awarding Agency Fiscal Year' Number Funding Source Description Funding Amount Category Florida Department of Beach Management Funding Original Environmental Protection 2023-2024 37.101 Assistance Program, GAA Line Item $450,000.00 140144 # 1823A State CSFA Title State Program State CSFA or Appropriation B State A warding Auencv Fiscal Year' Number Fundinz Source Descriotion Fundina Amount Category Total Award I $450,000.00 Nole: Lisi applicable compliance requirement in the same manner as ii/us/rated aboveforfederal resources. For matching resources provided by the Depart men/ for DEP/orfederal programs, the requirements might be similar lo the requirements for the applicable federal programs. Also, lo the ex/en/ that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. I, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [https://sam. gov/content/assistance-listings) and/or the Florida Catalog of State Financial Assistance (CSF A) (https://apps. fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state project compliance.aspx). The 1 Subject to change by Change Order. 2 Subject to change by Change Order. Attachment 5, Exhibit I 6 of7 80S-DEI' 55-215 Revised 7120 19 s e r v ic e s /p u r p o s e s fo r w h ic h th e fu n d s a r e to b e u s e d a r e in cl u d e d in th e A g re e m e n t's G ra n t W o rk P la n . A n y m a tc h re q u ire d b y th e R e c ip ie n t is c le a rl y in d ic a te d in th e A g r e e m e n t. Attachment 5, Exhibit I 7 of7 BGS-DEP 55-215 Rcviscd712019 E X H IB I T A F L O R ID A D E P A R T M E N T O F E N V I R O N M E N T A L P R O T E C TI O N B E A C H M A N A G E M E N T F U N DI N G A S S I S T A N C E P R O G RA M Q U A R T E R L Y P R O J E C T P R O G R E S S R E P O R T N a m e o f P r o j e c t : Key Biscayne Sand Placement Local Sponsor: Village of Key Biscayne DEP Agreement Number: _24_D_A_L __ Report Year: _ Report Period (select one): D QI: Jan-Mar 31 D Q2: Apr-Jun 30 D Q3: Jul-Sep 30 D Q4: Oct-Dec 31 For each task, include the following information: Describe the work performed during the reporting period (including percent of task completed to date), problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. ( Use additional pages, if needed). Task 1: ---------- Task 2: ---------- Task 3: ---------- Task 4: ---------- DEP Agreement No. 24DAL, Exhibit A, Page I of I