01/28/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 3, 2009
TO:
Dave Koppel, County Engineer
Engineering Division
Attn:
FROM:
Judy Clarke, Assistant County Engineer
Pamela G. Hanc~.
At the January 28, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Fiscal Year 2008-2009 Grant Agreement between Monroe
County and the Florida Department of Environmental Protection for $100,000.
Enclosed are three duplicate originals of the above-mentioned, 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
Finance w/o document
File ,/
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STATE FIN~~CIAL ASSISTANCE AGREEl\-IENT
l\-IONROE COUNTY
DEP AGREEl\-'lENT NO. LP8983
STATE OF FLORIDA
GRANT ASSISTANCE
PURSU~~T TO LINE ITE~I 1772C OF THE 2008 - 2009 GENERAL APPROPRIATIONS ACT
THIS AGREEJ\fENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, J\fS 3505, Tallahassee, Florida
32399-2400 (hereinafter referred to as the "Department") and MONROE COUNTY, whose address is
1100 Simonton Street, Suite 2-205, 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 Unincorporated Mouroe County
Wastewater Projects.
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 shall remain in effect until
January 31, 2010. The Grantee shall be eligible for reimbursement for work performed on or after
July 1, 2008. This Agreement may be amended to provide for additional services 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
$ 100,000 toward the total project cost. The parties hereto agree that the Grantee is responsible for
providing a minimum match of $33,333 toward the project described in Attachment A. Prior
written approval from the Department's Grant Manager shall be required for changes between
budget categories of up to 10% of the total budget. The Department's Grant Manager will transmit
a copy of the . written approval and revised budget to the Department's Contracts Disbursements
Office for inclusion in the Agreement file. Changes greater than 10% will require a formal
amendment to the Agreement. If the Grantee fmds, 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 for all eligible project costs upon
receipt and acceptance of a properly completed Disbursement Request Package (provided as
Attachment B). In addition to the Disbursement Request Package, 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 the travel limits established in Section 112.061, 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
DEP Agreement No. LP8983, Page I of 6
receipt of advance funds the Grantee shall provide proof of payment to the Department
within thirty (30) days of receipt of the advance funds. If payment is based on
reimbursement, proof of payment of the invoices is required.
(2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the
Project; that the materials, labor, or services 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 tenns
and provisions of the contracts, the Grantee is required to make such payments.
(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.
(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.R 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 Slate and Federal guidelines (including cost
allocation guidelines), as appropriate. This infonnation when requested must be provided within
thirty (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. Slate guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at hltp:llwww.tldfs.comlaadir/reference%5Fguide.
4. The State of Florida's perfonnance 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 connnilment of
future appropriations.
5. Progress Reports (AlIachment C) shall be submitted describing the work performed, problems
encountered, problem resolution, schedule updates and proposed work for the next reporting period.
Progress reports shall be submitted along with the Disbursement Request Package, described in paragraph
3.R If advance payment is authorized, the Grantee shall report (and document as required under paragraph
3 above and on AlIachment 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 16). It is understood and agreed by the parties that the term
"reporting period" retlects the period of time for which the invoices submitted in the Disbursement Request
Package are covered. The Department's Grant Manager shall have ten (10) calendar days to review
deliverables submitted by the Grantee.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
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 Department
DEP Agreement No. LPSlJtoU, Page 2 of 6
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 tennination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days '''Titten 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 cot\iunction
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 made a part hereof. Exhibit I to Attachment D summarizes the
funding sources supporting the Agreement for pwposes 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 notity the Department's Grant Manager identified in this
Agreement 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 1
when making its detennination. For federal fmaneial assistance, the Grantee shall use the guidance
provided under OMB Circular A-l33, Subpart B, Section _.210 for determining whether the
relationship represents that of a subrecipient or vendor. For state fmancial assistance, the Grantee
shall use the form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient vs Vendor
Determination" (form number DFS-A2-NS) that can be found Wlder the "Links/Fonns" section
appearing at the following website:
htto:! / aDDS. 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. The Grantee may subcontract, assign, or transfer any work Wlder this Agreement without the written
consent of the Department's Grant Manager. The Grantee shall submit a copy of the subcontract upon the
request 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.
I I. 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. A list of
minority owned finns that could be offered subcontracting opPortunities may be obtained by contacting the
Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915.
12. 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.
13. 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
DEP Agreement No. LPSI)8J, Page 3 of 6
compliance ...,th 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.
14. The Department's Grant wlanager for this Agreement is identified below.'
Tommy \VjlJiams
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, 1\'IS 3505
Tallahassee, Florida 32399-2400
Phone: 850-245-8358
Fax: 850-245-8411
Email: thomas.e. wmiams@dep.state.fl~us
15. The Grantee's Grant Manager for this Agreement is identified below.
David Koppel
Director, Monroe County Engineering
Monroe County Board of County Commissioners
1100 Simonton Street, Suite 2-216
Key West, Florida 33040
Phone: 305-292-4427
Fax: 305-295-4321
Ernail: Koppel-Dave@MonroeCountY_FL.Gov
16. In accordance with Section216.181(16)(b), Florida Statutes, the Departmen~ 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 timeframe identified above or invoices must be received within the
same tirneframe that shows the offset of the interest earned.
Unused funds, and interest accrued on any unused portion of advanced funds that have 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 tenns 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 infonnation requested
in the Interest Earned Memorandwn (Attachment E) and the Advance Payment Justification FOnD
(Attachment F) to the Department's Grant Manager quarterly. This infonnation 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.
17. 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 insurance
DEP Agreement No. LP8()~3, Page 4 of 6
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 those employees not' otherwise protected.
18. The Grantee, as an independent contractor and not an agen~ representative, or employee of the Department,
agrees to cany adeqnate liability and other appropriate fonus of insurance. The Department shall have no
liability except as specifically provided in this Agreement.
19. 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.
20. The purchase of non expendable personal property or equipment costing $1,000 or more is not authorized
under the tenns of this Agreement.
21. 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
Agreement.
22.
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.
23. Land acquisition is not authorized under the tenns of this Agreement.
24. 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
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. LPSI)SJ, Page 5 of 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last ~Titten below.
j\;10NROE COUNTY
BY:~"'~" >n~,~
STATE OF FLORlDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
€6tlftt) -. \8m:ifti3trator
Mayor George R. Neugent
/~ C---
Da~: January 28, 2009
By:
Deputy Director
Division of \Vater Resource !vlanagement
FEB 0 6 2009
Date:
iJA.
, D EP Grant Manager
-For Agreements with governmental boards/commissions: If someone other than the Chainnan signs this Agreemen~
a resolution, statement or other docwnent 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 (3 Pages)
Disbursement Request Package (3 Pages)
Progress Report Form (2 Pages)
Special Audit Requirements (5 Pages)
Advance Pa ent - Interest Earned Memorandum
Advance Payment Justification Form (3 Pages)
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DEP Agreement No. LP8f)8J, Page 6 of 6
ATTACHMENT A
GRANT WORK PLAN
Monroe County
LP~
8ffJ~
Project Title: Rockland and Geiger Key Collection Systems in the Big Coppitt Regional
Wastewater Treatment System
Project Location: Rockland and Ge~er Keys, Monroe County, Florida
Project Background: Funding of this project will assist Monroe County with meeting the
requirement to provide advanced wastewater treatment by July 1, 2010.
Project Objectives: Provide a list of objectives. in bullet format, expected to be achieved as a
result of funding/completing this proposed project.
· Objective I: Construct collection system to service Rockland and Geiger Keys in the Big
Coppitt Regional Wastewater System.
· Objective 2: Compliance with Chapter 99-395 Laws of Florida.
· Objective 3: Reduce nutrient load to nearshore waters by providing centralized
wastewater treatment in the Big Coppitt service area.
· Objective 4: Minimize risk to human health.
-'
Project Description: The project consists of constructing the collection system for Rockland
and Geiger Keys in Big Coppitt Service Area. The project location extends from approximately
mile marker 9 to mile marker II in Monroe County and includes ocean and gulf side
communities. This service area represents approximately 423 equivalent dwelling units (EDUs).
DEP Agreement 8983, Attachment A, Page I of j
Project l\;IilestoneslDeliverables/Outputs:
Deliverable/Output
No. Task! Activity Start Complete Deliverables/Outputs Due Dates
Description
1 Geiger and August Octo ber Construction pay Monthly
Rockland Key 2008 2009 applications and
Collection monthly progress
System meeting minutes
co nstructi on
Project BudKet:
Project Funding MatchinA Funds and Source
Activity DEP Grant Funding Funding Source of Funds
Professional Services: None None County Sales Tax
Construction & $100,000 $33,000 Revenue, Non Ad
Demolition: Valorem
Land: None None Assessments and/or
Eilu~ment: None None State Revolving
Fund Loan
(FRUFC Interim
Funding) secured
by these funds.
Total $100,000 $33,000
Total Pr<?Ject Cost: $8,228,012.20
% Match Required: 25% Amount of Match: $8,128,012.20
Project Budget Narrative: Contract 2 for the Rockland and Geiger Key Collection Systems
described in the Big Coppitt Regional Wastewater Treatment System and South Lower Keys
Wastewater Treatment Plant Facilities Plan - October 2007 has been executedfor
$8,228,012.20. Agreement LP8983for $100,000 will be matched with $33,000 of local revenue
(system development fees or local sales tax revenue).
Professional Services: No professional services are anticipated for Contract 2.
Construction & Demolition: Contract 2 is for the Rockland and Geiger Key collection systems.
Land: It is not anticipated that land will be purchased for this project.
Equipment: Contract 2 includes manholes, lift stations, valves, generators, and E-J pump
stations.
Other: NA
NOTE: IF THERE IS l\;IA TCH, THE SAME DETAIL MUST BE PROVIDED FOR THE
MA TCH.
DEP Agreement 8983, Attachment A, Page 2 of ~
IhJ
/~ ~ / ~
\ \ f)~r
Total Budget by Task: This should correspond with the tasks/activities identified and described
above.
DEP Grant lVlatching Funds and Source
Task Funding Matchin_g Funds Source of Funds
1 Construction and 100,000 33,000 County Sales Tax
Demolition Revenue, Non Ad
Valorem
Assessments
and/or State
Revolving Fund
Loan (FRUFC
Interim Funding)
secured by these
funds.
2
3
Total:
-Project Total: .
Measures of Success:
1. Completion of the collection systems and commencement of customer hook up.
Note that any changes to the Grant Work Plan Project Budget (of more than 10% in any line
item), scope of work, or timelines shall require Department approval and amendment to the grant
agreement.
DEP Agreement 8983. Attachment A, Page 3 of j
ATTACHI\'1ENT B
Disbursement Request Package
Legislative Projects (LP) Grants
1.
2.
3.
4.
Grantee/RecipIent
LP8983
.\-IONROE COUNTY
Proj ect Number
Date of Request
Required Match %
Disbursement Request Number
Type of Request:
Partial
5. Federal Employer Identification Number
o
Final
o
6.
Mail
DEFT
o Send Remittance to:
Disbursement Details
(cumulative amounts rounded to the nearest dollar)
1.
Professional Services (attach invoices)
$
2. Construction and Demolition (attach invoices)
3. Equipment (attach invoices)
4. Land (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:
1) Copy of Invoice
2) Proof of Payment
*If prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the
prior payment will be required before this request can be disbursed.
Requests for Invoices not yet Paid:
1) Copy of Invoice
2) Advance Payment Justification (one per quarter)
3) Advance Payment - Interest Earned (after initial advance)
** SUBMIT ONE ORIGINAL COpy OF THIS FORM AND SUPPORTING DOCUMENT A TION TO: **
Florida Department of Environmental Protection
Bureau of Water Facilities Funding MS 3505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LP8983, Attachment B, Page J of 3
Grant Manager's Certification
of Disbursement Request
I,
(name of Grantee's Grant ~Ianager designated in the Agreement)
on behalf of
, do hereby certify that:
(name of Grantee/Recipient)
1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the
Agreement;
2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been
satisfactorily 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 tenus and provisions of contracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts;
4. All funds received to date have been applied toward completing the project; and
5. An permits and approvals required for the construction which is underway have been obtained.
( Signature of Grant Manager)
(Date)
DEP Agreement No. LP8983, 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 Grantee/Recipient)
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 "Yith 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. All additions or deletions to the Project which have altered the Project's perfonnance standards, scope, or purpose
(since issue of the pertinent Department permit) have been identified in writing to the Department or are identified
and attached hereto.
Signature of Professional Engineer
Finn or Affiliation
(Date)
(P.E. Number)
DE? Agreement No. LP8983, Attachment B, Page 3 of 3
ATTACH~IENT C
PROGRESSREPORTFO&~
DEP Agreement No.: LP8983
Grantee Name: l\JONROE COUNTY
Grantee Address:
Grantee's Grant 1\tfana2er:
I Telephone No.: I
Quarterly Reporting Period:
Project Number and Title:
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If 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 any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
DEP Agreement No. LP8983, 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 a project budget update, comparing the project budget to actual costs to date.
Expenditures
I Prior to this Expenditures
Total Project Reporting this Reporting Project Funding
Budget Cate~orJ BudKet Period Period Balance
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
LP8983 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. LP8983, Attachment C, Page 2 of 2
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 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 detennines 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- I 33, 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 ofOMB 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 audilee 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 infonnation regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httD:1112.46.245.173/cfda/cfda.htmJ.
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.
I. 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 fiscaf 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
DEP Agreement No. LP8983, Attachment 0, Page I of 5
organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State fmancial
assistance awarded through the Department of Environmental Protection by this Agreement. In detennining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
fmancial assistance, including State fmancial 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 nons tate entity. for Federal program
matching requirements.
2. In cOlmection 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. 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 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
recipient expends less than $500,000 in State fmancial assistance in its fiscal year, and elects to have an
audi t 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 infonnation regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at https://apDs.fldfs.comlfsaa for assistance. In
addition to the above websites, the following websites may be accessed for infonnation: Legislature's
Website at htto://www.leg.state.fl.uS/WeIcomelindex.cful. State of Florida's website at
htto://www.myflorida.coml, Department of Financial Services' Website at htto://www.fldfs.coml and the
Auditor General's Website at htto:llwww.state.fl.us/audgen.
PART III: 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 co'!/lict 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 SUBIHISSION
I. 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 -13 3, 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 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(I) 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 lOth Street
Jeffersonville, IN 47132
DEP Agreement No. LP8983, Attachment D, Page 2 of 5
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), OJ'yffi Circular A-133, 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 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies offmancial reporting packages required by PART II of this Attaclunent shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attaclunent shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other infonnation 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 govenunental 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.
DEP Agreement No. LP8983, Attachment D, Page 3 of 5
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the tenus 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. LP8983, Attachment D, Page 4 of 5
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TO:
ATTACHl\IENT E
ADV Ai~CE P A Yl\-IENT - INTEREST EARNED l\-IEi\-IORANDU~I
WHEN REPORTING OR REMITTING, PLEASE RETURN A COpy OF THIS REQUEST
FROM:
Darinda McLaughlin, 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 IDa y 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,
advance approval of the Chief Financial Officer, and the tenns of the above referenced contract, the following infonnation is needed
for our records no later than
Initial advance funding disbursed
1. Advanced funds principle expended or returned by contractor covering period of
to
$
$
2. Balance advance 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: If the granl/contract specifies that any accrued interest, which is based upon a granl/contract advance payment(s),
will not be paid to DEP until after termination of the granl/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 slates 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 princi!?le. Do not include receivables,
payables, or interest previously paid to DEP.
If the granl/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items I through 5 for each
quarterly report.
Payments of interest due to D EP shall be paid within the spec ific ations of the contracl/ grant.
Thank you for your cooperation in providing the above infonnation. If you have questions, please contact Lydia Louis (850) 245-2452
in the Contracts Disbursement Section.
)EP Agreement No. LP8983, Attachment E, Page I 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 State Chief Financial
Officer. 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 ciearly
identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior Chief
Financial Officer's approval.
Name/ Address of the Vendor/Recipient:
Contact Person/Phone No.:
Agreement NO./Purchase Order No. (if known): LP8983
Commodities/Services/Project Description:
Organizational Structure
(Le. local ~ov'tL non-profit cOf"Poration, etc.l
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover: o 90 days startup /8 Full Contract Period
o Quarterly Other (specify):
Indicate Statutory Authority: o 215.422, F.S I 0 216.181, F.S.
GAA Year and line Item Info: SFY: 1 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 Reference Guide for State Expenditures) which exceed the purchasing threshold of category
two as defined in 287.017, Florida Statues.
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 Department of Financial Services, Division of Treasury at
850/413-3165 regarding the current Treasury earnings rate.
B. 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. LP8983, Attachment F, Page 1 of 3
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 It Aid
Appropriation Cat~gories 05XXXX or 14XXX)Q
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
B. A letter requesting advance payment from the recipient, on its letterhead, must be attached.
DEP 55-222 (03-02)
DEP Agreement No. LP8983, Attachment F, Page 2 of 3
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 Third Quarter Fourth Quarter
. Quarter
Salaries
lidentify personnel/titles)
Frinjle Benefits
Contractual Services
(list services and estimated
costsl
Equipment
(identify each item and cost)
SUJ2Q/ies
Travel
Other (specify)
Overhead.Llndirect
Total:
Certification Statement
The forgoing 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 Financial Officer or desIgnee
DEP Prqgram Area ReviewL~roval
Recommendation: o Approve Request o Deny Request
By:
Type Name of Signatory: Date
Title: Bureau: Division:
The DEP Program 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 I~s/ature consultation, as appropriate.
Bureau of Finance & Accounting Use Only
DEP 55-222 (03-02)
DEP Agreement No. LP8983, Attachment F, Page 3 of 3
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