03/21/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 2, 2007
TO:
Dave Koppel. County Engineer
Engineering Division
FROM:
Ann Riger
Facilities Development
Pamela G. HancQ~
Deputy Clerk DV
ATTN:
At the March 21, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of State Financial Assistance Agreement Monroe County DEP
Agreement No. LP6803 - State of Florida Grant Assistance Pursuant to Line Item 1818 of the
2006-2007 General Appropriations Act in the amount of$10,962,000.
Enclosed are three duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure to return the fully executed "Monroe County Clerk's Office
Original" and the "Monroe County Finance Department's Original" as soon as possible.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
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STATE FINANCIAL ASSISTANCE AGREEMENT
MONROE COUNTY
DEP AGREEMENT NO. LP6803
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1818 OF THE 2006 - 2007 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida
32399-2400 (hereinafter referred to as the "Department") and MONROE COUNTY, whose address is
HOO Simonton Street, Suite 213, Key West, Florida, 33040, (hereinafter referred to as "Grantee" or "Recipient"), a
local government under the laws of the State of Florida, to provide funds for the Monroe County Big Coppitt
Regional Wastewater System project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and
"Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and end no later than December 31, 2008,
inclusive. This Agreement may be amended to provide for additional setvices if additional funding is made
available by the Legislature.
3.
A.
As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed
$10,962,000. The parties hereto agree that the Grantee is responsible for providing a local share
sufficient to complete the construction of the project described in Attachment A. If the Grantee
finds, after receipt of competitive bids, that the work described in Attachment A cannot be
accomplished for the current estimated project cost, the parties hereto agree to modify the Project
Work Plan described in Attachment A to provide for the work that can be accomplished for the
funding identified above.
B. The Grantee shall be reimbursed on a cost reimbursement basis 40 percent of all eligible project
costs in an amount not to exceed $10,962,000, upon receipt and acceptance of a properly
completed Disbursement Request Package (provided as Attachment B). In addition to the
disbursement form, the Grantee must provide from its accounting system, a listing of expenditures
charged against this Agreement. The listing shall include, at a minimum, a description of the
goods or services purchased, date of the transaction, voucher number, amount paid, and vendor
name. All requests for reimbursement of travel expenses shall be in accordance with travel limits
established in Section II2.061, Florida Statutes. The Disbursement Request Package must
include:
(1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such
requests must be accompanied by sufficiently itemized summaries of the materials, labor, or
services to identify the nature of the work performed; the cost or charges for such work; and
the person providing the service or performing the work. If payment is based on an
authorized advance for incurred costs, invoices reflecting such costs must be included. After
receipt of advance funds the Grantee shall provide proof of payment to the Department
within 30 days receipt of advance funds. If payment is based on reimbursement, proof of
payment of the invoices is required; and
DEP Agreement No. LP6803, Page I of 6
(2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the
Project; that the materials, labor, or selVices represented by the invoice have been
satisfactorily purchased, performed, or received and applied to the project; that all funds
received to date have been applied toward completing the Project; and that under the terms
and provisions of the contracts, the Local Government is required to make such payments;
and
(3) A certification by the engineer responsible for overseeing construction stating that
equipment, materials, labor and services represented by the construction invoices have been
satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with
construction contract documents; stating that payment is in accordance with construction
contract provisions; stating that construction, up to the point of the requisition, is in
compliance with the contract documents; and identifying all additions or deletions to the
Project which have altered the Project's performance standards, scope, or purpose since the
issue of the Department construction permit; and
(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or
suppliers as may reasonably be required by the Department.
C. In addition to the invoicing requirements contained in paragraph 3.B. above, 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. This information when requested must be provided within
30 calendar days of such request. The Grantee 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). All bills for amounts due under this Agreement shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
D. State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5F~uide.
4. The State of Rorida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
5. Progress Reports (Attachment C) shall be submirted describing the work performed, problems
encountered, problem resolution, schedule updates and proposed work for the next reporting period. If
advance payment is authorized, the Grantee shall report (and document as required under paragraph 3
above and Attachment E) the amount of funds expended during the reporting period, the Agreement
expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the
interest to the Department (see paragraph IS). Progress reports shall be submitted to the Department's
Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period.
It is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar
quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager
shall have ten (10) calendar days to review deliverables submitted by the Grantee.
6. The Grantee shall save and hold harmless and indemnify the State of Florida and the Department against
any and all liability , claims, judgments or costs of whatsoever kind and nature for injury to, or death of any
person or persons and for the loss or damage to any property resulting from the use, service, operation or
performance of work under the terms of this Agreement, resulting from the negligent acts of the Grantee,
his subcontractor, or any of the employees, agents or representatives of the Grantee or subcontractor to the
extent allowed by law.
7.
A.
The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the
DEP Agreement No. LP6803, Page 2 of 6
Department shall provide thirty (30) calendar days written notice of its intent to terminate and
shall provide the Grantee an opportunity to consult with the Department regarding the reason( s)
for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(1), Florida Statutes.
9.
A.
The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit
Requirements), attached hereto and incorporated herein by reference. Exhibit I to Attachment D
summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in
complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to
the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee
fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants
Development and Review Manager at 850/245-2361 to request a copy of the updated information.
B. The Grantee 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 Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit I
when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under 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
Grantee shall utilize the fonn entitled "Checklist for Nonstate Organizations RecipientlSubrecipient
vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms"
section appearing at the following website:
htto://aoos.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
10.
A.
The Grantee shall not subcontract, assign, or transfer any work under this Agreement, other than
that work already committed hy interlocal agreement dated September 6, 2005 to be
administered by FKAA), without the prior written consent of the Department's Grant Manager.
The Grantee 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 Grantee that the
Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract.
B. The Department of Environmental Protection 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. The Department will be glad to furnish a list of minority owned businesses for
consideration in subcontracting opportunities.
11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
DEP Agreement No. LP6803, Page 3 of 6
12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement
includes compliance with all applicable federal, state and local health and safety rules and regulations. The
Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement.
13. The Department's Grant Manager for this Agreement is identified below.
Tim Banks
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: 850-245-8358
Fax: 850-245-8411
Emaii: timothy.banks@dep.state.n.us
14. The Grantee's Grant Manager for this Agreement is identified below.
Salvatore Zappulla
1100 Simonton Street, Suite 213
Key West, Florida 33040
Phone: 305-292-4470
Fax: 305-292-4515
Email: Zappulla-Sal@monroecounty-n.gov
15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department, upon written request from
the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an
advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest
income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income
against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be
returned to the Department within the time frame identified above or invoices must be received within the
same timeframe that shows the offset of the interest earned.
Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted
to the Department, shall be returned to the Department within sixty (60) days of Agreement completion.
The parties hereto acknowledge that the State's Chief Financial Officer may identify additional
requirements, which must be met in order for advance payment to be authorized. If the State's Chief
Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the
Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced
funds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant
Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for
release of the funds.
If advance payment is authorized, the Grantee shall be responsible for submitting the information requested
in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form
(Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the
Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting
requirements established in paragraphs 3 and 5.
16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of his 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 the latter's employees unless such
employees are covered by the protection afforded by the Grantee. Such self-insurance program or
DEP Agreement No. LP6803, Page 4 of 6
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 his employees not otherwise protected.
Pursuant to the September 6,2005 interlocal agreement, FKAA shall carry Workers' Compensation
Insurance.
17. The Grantee, as an independent contractor and not an agent, representative, or employee of the
Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department
shall have no liability except as specifically provided in this Agreement.
18. The Grantee 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.
19. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non-expendable
personal property or equipment purchased under this Agreement. However, the Grantee shall complete
and sign Attachment G, Property Reporting Form, DEP 55-212, and forward it along with the
appropriate invoice to the Department's Grant Manager. The following terms shall apply:
A. The Grantee shall have use of the non-expendable personal property or equipment for the
authorized purposes of the contractual arrangement as long as the required work is being
performed.
B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep
the non-expendable personal property or equipment in good operating condition.
C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury
caused by the use of, non-expendable personal property or equipment purchased with state funds
and held in his possession for use in a contractual arrangement with the Department.
20. The Department may at any time, by written order designated to be a change order, make any change in the
Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within
current authorized agreement period, method or manner of performance, requirements, etc.). All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that
causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this
Agleement.
21.
A.
No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list 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 is
responsible for maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management Services, Office of Supplier Diversity, at 850/487-0915.
22. Land acquisition is not authorized under the terms of this Agreement.
23. This Agreement represents the entire agreement of the parties. Any alterations, vanatlOns, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
DEP Agreement No. LP6803, Page 5 of 6
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6803, Page 6 of 6
IN WITNESS WHEREOF, the parties have caused this Agreement to he duly executed, the day and year
last written below.
~,~M~
Mayor Mario Digennaro
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECfION
By: 1M L-----
tx11X1 .,o,rn"g Director
Division of Water Resource Management
JUN ! 2 .?nn~
Date:
Date:
MAR 2 1 2007
FEID No.:
59-6000749
-:::J~ ~
Grant Manager
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of
the governmental board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Letter/
Number
A
B
C
D
E
F
Description (include number of pages)
Project Work Plan (2 Pages)
Disbursement Request Package (3 Pages)
Progress Report Form (2 Pages)
Special Audit Requirements (5 Pages)
Advance Payment - Interest Earned Memorandum (I Page)
Advance Payment Justification Form (3 Pa,ges)
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DEP Agreement No. LP6803, Page 7 of 6
ATTACHMENT A
PROJECT WORK PLAN
I. GRANTEE INFORMATION
Grantee: Monroe Countv. Florida
Project Title: BJe Connitt Reelonal Wastewater Treatment System
DEP Grant #: LP6803
II. FIQ\lDING PLAN
PROJECT BUDGET
Cateeorv of Exnenditnre DEP Funds Total Matcblu Funds Total Fundine
Professional Sen'ices None $1.800 000 $1 800000
Construction & Demolition $9 602 000 $17700000 $27 302.000
Land None $800 000 $800 000
Equinment $1,360000 $2 SOD 000 $3 860 000
Total $10962000 $22 800 000 $33 762 000
III. SCOPE OF WORK:
In order to qualify for funding, the recipient must document that the wastewater project:
./ Is designed to meet the wastewater treatment and disposal requirements in chapter 99-395, Laws of Florida,
as amended;
., Is included in the Monroe County Sanitary Wastewater Master Plan or otber formally adopted planning
document addressing engineering and financing;
" Involves exclusively construction or design-build;
./ Has been openly procured among contractors qualified to build wastewater facilities in the physical
environment of the Florida Keys;
./ Is to be located on sites acquired no later than March I, 2007;
./ Will initiate construction no later than May 1, 2007;
v Will result in the completion of entire facilities or significant phases of facilities;
V Leverages other moneys (local funds, including local bonding; Department of Environmental Protection State
Revolving Fund loans; or other sources of money) to the maximum extent possible;
v Shall provide at least a 60 percent match from any other sources except a direct Hne item appropriation from
the State Legislature.
V Has in place a system of user charges, fees, assessments, or other funding mechanisms to pay for the
completion of construction and long-term operation and maintenance of the project; and
v Provides mechanisms to ease the cost-burden of the project on low-income residents.
Advanced Wastewater Treatment (A WT) service, as defined in Chapter 99-395 Laws of Florida, is scheduled to be
available to the Big Coppitt Key Wastewater Service Area by September 2008. Wastewater treatment will occur at a
0.325 million gallons per day (MGD) wastewater treatment plant (WWTP) located witbin the Rockland Key Industrial
Park. Effluent disposal wiJI occur via two, 90-feet injection wells and/or industrial, residential, or public fe-use.
N:\Legislative Projects\2006-2007\Projects\LP6803\Agreement\A TT ACHMENT A (3) Corrected by DEP 6803 1 292007 .doc
2/1/2007
The Big Coppitt Wastewater District consists of the following five service areas: Rockland Gulf, Rock]and Ocean, Big
Coppitt, Shark Key, and Geiger Key. A collection system for each service area will tie into a transmission main along
US I that conveys the wastewater to the WWTP at MM 8.5. Approximately 80,000 feet of collection system piping, 13,
000 fi~et of transmission main, and 25 pump stations will be installed for the project.
The Florida Legis]arure has authorized actions by Monroe County and the Florida Keys Aqueduct Authority (FKAA) to
provide adequate wastewater treatment to protect the environment and health, safety and welfare of landowners and
persons inhabiting the Florida Keys. The County and FKAA entered into an Inter local Agreement (lLA) setting forth
commitments to achieve the 2010 deadline for meeting the treatment and disposal requirements in Chapter 99-395.
Under the ILA, the FKAA shall administer the procurement process for the design and construction of the wastewater
systems. FKAA is tasked to provide construction management of each project to insure its expeditious and economic
construction. The FKAA provides assistance to the County as necessary to obtain grant and borrowed funding. The
FKAA Design Engineers provide final project plans and specifications, permitting, engineering estimates, bid
documents, and tabulation for Contractor selection.
IV. PROJECT MILESTONES:
An estimated project timeIine for the treatment olant is as follows:
Milestone Date
Comoletion ofDesil!ll Februarv 28 2007
Contractor Selection (procurement) May 3],2007
Construction: Initiation of Construction Au,,"st 3], 2007
Construction: Completion oflInitiation of June 30, 2008
I <>Oeration
Proiect Close Out December 3] 2008
An estimated project timeline for the forcemain and collection svstem is as follows:
Milestone Date
Contractor Selection Collection System February 28, 2007
Basins
Construction Start - Forcemain March 31, 2007
Construction Completion Forcemain Ju]y 31 2007
Construction Completion - Collection System September 30, 2008
Basin
Project Close-Out December 3], 2008
Additionally, Monroe County must document the following by May 31, 2008:
I) A system of user charges, fees, assessments, or other funding mechanisms to pay for the completion of
construction and long-term operation and maintenance of the project is in place, and
2) A mechanism has been established to ease the cost burden of the project on Jow-income residents.
N:\LegisJative Projects\2006-2007\Projects\LP6803\A.greement\A TT ACHMENT A (3) Corrected by DEP 6803 1 292007.doc
2/112007
ATTACHMENT B
Disbursement Request Package
Legislative Projects (LP) Grants
I.
2.
3.
4.
Grantee~ecipient
Project Number
MONROE COUNTY
LP6803
Date of Request
Required Match %
Disbursement Request Number
Type of Request:
o
Final
o
Partial
5. Federal Employer Identification Number
6.
Ma:iJ
o EFT
o Send Remittance to:
Disbursement Details
(cumulative amounts rounded to the nearest dollar)
I.
Planning (attach invoices)
$
2. Engineering (attach invoices)
3. COTIO:truction and Demolition (attach invoices)
4. Technical Services during Construction (attach invoices)
5. Other (list - must be specified in agreement)
6.
Total cumulative to date
$
7.
Disbursements previously requested
$(
8.
Amount requested for disbursement (line 6 minus line 7)
$
Requests for Invoices already Paid:
I) Copy oflnvoice
2) Proof of Pllyment
Requests for Invoices not yet Paid:
1) Copy ofInvoice
2) Advance Payment Justification (one per quarter)
3) Advance Payment - Interest Earned (after Initial advance)
*If prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the
priorpayment will be required before this request can be disbursed.
.. SUBMIT ONE ORIGINAL COpy OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ..
Florida Department of Environmental Protection
Bureau of Water Facilities Funding MS 3505
2600 Blair Stone Road
Tallabllssee, Florida 32399-2400
DEI' Agreement No. LP6803, Attachment B, Page I of 3
Grant Manager's Certification
of Disbursement Request
I,
(name of Grantee's Grant Manager designated in the Agreement)
on behalf of
, do hereby certify that:
(name of GranteelRecipient)
1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the
Agrecmlent.
2. Matelials, labor, equipment, andlor services representing costs included in the amount requested have been
satis:fiictorily purchased, performed or received, and applied toward completing the project; such costs are
documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records.
3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project,
and the Grantee is not in default of any tenns or provisions of the contracts.
4. All funds received to date have been applied toward completing the project.
5. An permits and approvals required for the construction which is underway have been obtained.
( Signature of Grant Manager)
(Date)
DEP Agreement No. LP6803, Attachment B, Page 2 of 3
'.
Engineer's Certification
of Disbursement Request
I,
(name of Professional Engineer)
, being the Professional Engineer retained by
(name of GranteelRecipient)
project described in the Agreement and do hereby certify that:
, am responsible for overseeing construction of the
1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased
or received and applied to the project in accordance with construction contract documents filed with and previously
approved by the Department of Environmental Protection;
2. Payment is in accordance with construction contract provisions;
3. Adequate construction supervision is being provided to assure compliance with construction requirements and
Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate;
4. Construction up to the point of this disbursement is in compliance with the contract documents;
5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all
change orders have been submitted to the Department; and
6. An additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose
(since issue of the pertinent Department permit) have been identified in writing to the Department or are identified
and a~"ched hereto.
Signature of Professional Engineer
Finn or Affiliation
(Date)
(p.E. Number)
DEP Agreement No. LP6803, Attachment B, Page 3 of 3
ATTACHMENTC
PROGRESS REPORT FORM
DEP Al!reement No.: LP6803
Grantee Name: MONROE COUNTY
Grantee Address:
Grantee's Grant Manal!er: I Telephone No.: I
Quarterly Renortinl! Period:
Proiect Number and Title:
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. IC goals were not met,
provide reasons why.)
Provide an update on the estimated time for completion of the project and an explanation for
any anticipated delays.
Provide allY additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
DEP Agreement No. LP6803, Attachment C, Page I of 2
(continued from page 1)
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., report data sets, links to on-line photographs, etc.)
Provide II project budget update, com ~aring the project budget to actual costs to date.
Expenditures I
Prior to this Expenditures
Total Project Reporting this Reporting Project Funding
Budl!et Catel!orv Bud2et Period Period Balance
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
LP6803 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. LP6803, Attachment C, Page 2 of2
ATTACHMENTD
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 ,md/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 defmed by OMB Circular A- 133, as revised, and/or other procedures. By
entering irLto 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 DejJartment 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 defmed in OMB
Circular A- 133, as revised.
I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A- 133, as revised. EXHIBIT I to this Agreement 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 I., 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 http://12.46.24S.173/cfda/cfda.htmI.
PART D: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(m), Florida Statutes.
1. In tht: event that the recipient expends a total amount of State fmanciaI 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 sUlch fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules oflbe Department
ofFir..ncial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
DEP Agreement No. LP6803, Attachment D, Page I of 5
organizations), Rules of the Auditor General. EXHIBIT I to this Agreement iodicates State fioancial
assistance awarded through the Department of Environmental Protection by this Agreement. In determioing
the State fmancial assistance expended io its fiscal year, the recipient shall consider all sources of State
[mancial assistance, includiog State fmancia] assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
lFederal direct or pass-through awards and resources received by a nonstate entity for Federal program
matchiog 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(7), Florida Statutes. 1bis iocludes submission of
a financial reporting package as defmed by Seclion 215.97(2), Florida Statutes, and Chapters 10.550 (local
govemmental 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 fmancial 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
n:cipient expends less than $500,000 in State fmancial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of See lion 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 regardiog the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at httos:llaoos.fIdfs.comlfsaaJ or the Governor's Office
of Policy and Budget website located at htto:llwww.ebud2et.state.fI.us/for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
htto:llwww.le2.state.fI.uslWelcome/index.cful, Governor's Website htto:llwww.mvfIorida.coml, Department
of Financial Services' Website htto:llwww.fIdfs.comland the Auditor General's Website
htto:llwww.state.fI.us/aud2en1oa2es/fIsaa.htm..
PART UI: 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. 1n 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:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 41
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3123
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
DEP Agreement No. LP6803, Attachment D, Page 2 of 5
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I),
OMB Circular A-B3, as revised.
2. Pursuant to Section .320(1), OMB Circular A-B3, as revised, the recipient shall submit a copy of the
reporting package described in Section .320( c), OMB Circular A-B3, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 4 I
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3123
3. Copies of fmancial reporting packages required by P ART II of this Attachment shall be submitted by or on
behalf of the recipient directlv to each of the following:
A. The Department of Environmental Protection at the following address:
Andit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 41
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3123
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 40 I, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART IJ1 of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 41
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3123
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
Cir,oular A-B3, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting fmancial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-B3, 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.
DEP Agreement No. LP6803, Attachment D, Page 3 of 5
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6803, Attachment D, Page 4 of 5
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ATTACHMENT E
ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM
WHEN REPORTING OR REMITTING, PLEASE RETURN A COpy OF TillS REQUEST
TO:
FROM:
Darinda McLaugWin, Finance and Accounting Director
Bureau of Finance and Accounting, MS 78
DATE:
SUBJECT:
Advance Payment - Contract No.
Interest Due to DEP:
Pursuant to Section 216.181(16), Florida Statutes, advance payments 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 oC the advanced Cunds andlor lnterest due,
advance approval of the Chief Financial Officer, and the tenus oC the above referenced contract, the following infonnation is needed
for our records no later than
Initial advance' funding disbursed
I . Advanced funds principle expended or returned by contractor covering period of
to
$
2. Balance advan',e funding principle available
$
3. Interest earned on advanced funds covering period of
$
to
$
4. Amount of interest paid to DEP as of
$
5. Interest balance due to DEP as of
$
(project Manager's Signature)
(Date)
Special Instructions: ][fthe grant/contract specifies that any accrued interest, which is based upon a grant/contract advance payment(s),
will not be paid to DEP until after tennination of the grant/contract, the advance fund recipient shall complete report items I and 2
only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1,2,3,
4, and 5. Items 3, 4, and 5 will be the life to date interest
If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines I and 2.
In all cases the line I and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables,
payables, or interest pr.,viously paid to DEP.
If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items I through 5 for each
quarterly report.
Payments of interest du, to DEP shan be paid within the specifications of the contract/grant.
Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452
in the Contracts Disbursement Section.
DEP Agreement No. LP6803. Attachment E, Page 1 of 1
ATTACHMENT F
ADVANCE PAYMENT JUSTIFICATON FORM
Use of this form is not required unless the advance requested requires the prior approval of the Comptroller. 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 Comptroller approval.
Name/Address of the Vendor/Recipient:
Contact Person/Phone No.:
Agreement INo./Purchase Order No. (If known): LP6803
Commodities/Services/ProJect Description:
(I.e. local oov't Organizational Structure
non-profit corooratlon etc.l
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover: ' g 90 days startup I R Full Contract Period
o Ouarterly Other ~eclfvl:
Indicate Statutory Authority: o 215.422, F.5 I U 216.181, F.S.
GAA Year and Line Item Info: SFY: I I Line Item: I
1. Reason advance payment Is required:
2. The following Information required for advances requested pursuant to 215.422, Florida Statues
(and the Comptroller's Voucher Processing Handbook) which exceed the purchasing threshold of
cateaorv two as defined In 287.017 Florida Statues.
A. Documenlt, 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 Department of Insurance, Division of Treasury at 850/413-2776
or SunCom 293-2776 regarding the current Treasury earnings rate.
8. Document, If applicable, how the goods or services are essential to the operation of the Department and why
they are available only if advance payment is made:
DEP Agreement No. LP6803, Attachment F, Page 1 of 3
C. Identif}' 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 Cat"gories 05XXXX or 14X100c:)
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 dl~scrjptlon 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
B. A letter requesting advance payment from the recipient, on Its letterhead, must be attached.
.
DEP 55-222 (03-02)
DEP Agreement No. LP6803, Attachment F, Page 2 of 3
3. The recipient must provide an estimated budget for each quarter covered by the agreement. The
summa...... Information should Include salaries, fringe benefits, overhead, contracts (spec:ify services to
be contracted out), equipment, If authorized (spec:ify 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 Third Quarter Fourth Quarter
Quarter
Salaries
(identiTV Ilersonnelititlesl
Fringe Benefits
Contractua I Services
(list services and estimated
cost~
Equipment
(Identify each item and cost)
SUlllllies
Travel
Other IspeciTV>
Overhead/Indirect
Total:
Certification Statement
The forgoln!J information is presented to the Florida Department of Environmental Protection in support of our
request for advance payment. I certify that the information provided accurately reflects the financial
issues facing the entity at this time.
By:
Type Name of Signatory: Date
Title: Chief lFinancial Officer or designee
DEP Program Area Review/Approval
Recommendation: o Approve Request o Deny Request
By:
Type Name of Signatory: Date
Titie: Bureau: Division:
The DEP Pro!)ram Area should forward this Information to the Contracts Disbursements Section at MS78. The
Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review
and leolslature consultation as appropriate.
Bureau of Finance & Accounting Use Only
DEP 55-222 (03-02)
DEP Agreement No. LP6803, Attaclunent F, Page 3 of 3
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