Item Q2
5
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: Q.2
Agenda Item Summary #2676
BULK ITEM: DEPARTMENT:
Yes Sustainability
TIME APPROXIMATE:STAFF CONTACT:
Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING:
Authorize entering into a $1.5M income grant from the Department
of Environmental Regulation as part of the Keys Stewardship program for canal restoration projects.
ITEM BACKGROUND:
DEP provided this grant on February 7, 2017 and required approval
within 3 weeks of receipt.
In 2013, Monroe County completed a comprehensive Canal Management Master Plan (CMMP) in
order to provide a framework to identify, prioritize and correct water quality impairments within the
entire Florida Keys canal network. In total, out of 502 canals, 171 canals received a Good water
quality classification, but 180 received only a Fair classification, and 131 received the lowest Poor
classification. Canals receiving a Poor classification were scored and ranked using specific canal
attributes in order to provide a list of high priority canals which were suitable for consideration of
various public works restoration projects. Canal #75 in Key Largo was identified as a Poor canal that
is too deep, lacks oxygen, and is in need of a backfilling restoration.
In 2015, the County completed an EPA sponsored alternative technology evaluation to address
accumulated muck in canal bottoms. The traditional methods of reducing the amount of accumulated
muck require the removal of the muck by machine and are expensive and disruptive to the use of the
canal. The Grantee wants to test alternative methods that, if successful, may be less expensive for
the muck removal process. The projects are designed to evaluate the cost, and effectiveness, of
utilizing an augmented aeration technology which introduces oxygen and potentially, biobugs, to
stimulate bacteria and other organisms to degrade the accumulated muck. The presence of the muck
has depleted the dissolved oxygen levels in the canal waters and the removal of the muck and
addition of oxygen will help to restore the canal waters. Canals #48, #59, #79, and #80 were
identified utilizing the CMMP and received a Poor classification.
PROJECT DESCRIPTION: Much work has been accomplished by the County in implementing six
canal restoration demonstration projects. A new seventh and eighth demonstration projects at Canal
#75 Backfilling and Canals #48, #59, #79, and #80 Augmented Aeration in the area of Key Largo
are the next canal restoration projects to be conducted after the initial set of the Canal Restoration
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Demonstration Projects. The restoration of Canal #75 in Rock Harbor involves backfilling to raise
the canal bottom to 6 feet below the Mean Sea Level, which is the optimum depth to allow for tidal
flow in and out of the canal. The restoration of Canals #48, #59, #79, and #80 in Key Largo
involves the introduction of oxygen and potentially, biobugs to stimulate bacteria and other
organisms to degrade the accumulated muck. The engineering design, access coordination and
permitting services for these demonstration projects are underway, and construction is anticipated to
begin in the spring of 2017. These improvements are anticipated to restore the impaired waters of the
canal, and bring the dissolved oxygen levels up to meet State 62-302 Class 3 marine water quality
standards.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
DEP Grant LP44073 agreement and attachments
FINANCIAL IMPACT:
Effective Date: February 2017
Expiration Date: 10-30-2018
Total Dollar Value of Contract: $1.5 Million Income
Total Cost to County:
Current Year Portion: $1.5 M
Budgeted:
N/A
Source of Funds: DEP
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $1.5 Million
Grant:
Yes
County Match
: TBD after bids are opened
Insurance Required:Additional Details:
REVIEWED BY:
Rhonda Haag Completed 02/07/2017 3:33 PM
Pedro Mercado Completed 02/07/2017 3:39 PM
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Budget and Finance Completed 02/07/2017 4:14 PM
Maria Slavik Completed 02/07/2017 4:15 PM
Kathy Peters Completed 02/07/2017 4:18 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
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DEP AGREEMENT NO. LP44073
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
GRANT AGREEMENT
PURSUANT TO CHAPTER 2016-225, SECTION 6, LAWS OF FLORIDA,FY16-17
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the “Department”) and MONROE COUNTY,
whose address is 1100 Simonton Street, Key West, Florida 33040(hereinafter referred to as “Grantee”), local
government, to provide financial assistance for the Monroe County Canal #75 Backfill Restoration and Canal #48,
#59, #79 and #80 Augmented Aeration RestorationProjects.Collectively, the Department and the Grantee shall be
referred to as “Parties” or individually as a “Party”.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
1.TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
AttachmentAGrant Work Plan
Agreement, , , and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee"and
"Recipient" are used interchangeably.
2.PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2019,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2016,
through the expiration date of this Agreement. This Agreement may be amended to provide for additional
services if additional funding is made available by the Legislature.
3.FUNDING/CONSIDERATION/INVOICING:
A.As consideration for the satisfactory completion of services rendered by the Grantee under the terms
of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a
maximum of $1,500,000.It is understood that any additional funds necessary for the completion of
this project arethe responsibility of the Grantee. The parties hereto understand andagree that this
.
Agreement does not require a match on the part of the Grantee
B.Prior written approval from the Department’s Grant Manager shall be required for changes to this
Agreement.
i.A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
between approved budget categories, as defined in Attachment A, are less than ten percent
(10%) of the total budget as last approved by the Department. All Change Orders are
subject to the mutual agreement of both parties as evidenced in writing.
ii.A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount, a change in the
Grantee’s match requirements, a change in the expiration date of the Agreement, and/or
changes to the cumulative amount of funding transfers between approved budget
categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%)
DEP Agreement No. LP44073,Page 1of 13
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of the total budget as last approved by the Department. All Amendments are subject to the
mutual agreement of both parties as evidenced in writing.
C.The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
Attachment A
the completion, submittal and approval of each deliverableidentified in , in
AttachmentB,
accordance with the schedule therein. Reimbursement shall be requested utilizing
Payment Request Summary Form
. To be eligiblefor reimbursement, costs must be in compliance
with laws, rules and regulations applicable to expenditures of State funds, including, but not limited
to, the Reference Guide for State Expenditures, which can be accessedat the following web address:
. All invoicesfor amounts due under this
http://www.myfloridacfo.com/aadir/reference_guide/
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A
final payment request should be submitted to the Department no later than sixty (60) calendar days
following the completion date of the Agreement, to assure the availability of funds for payment.All
Attachment A
work performed pursuant to must be performed on or before the completion date of
the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices
and backup documentation to support the final payment request.
D.The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply withthe minimum requirements set forth
Attachment C, Contract Payment Requirements
in. The Payment Request Summary Form shall
be accompanied by supporting documentation and other requirements as followsfor each
deliverable: Reimbursement shall be limited to the following budget categories:
i. Contractual(Subcontractors) –Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours spent on the project.
All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. Subcontracts,
which involve equipment purchases as part of an installation/retrofit or that include
infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial
Officer (CFO) MemorandumNo. 5 (2011-2012), must be capitalized in accordance with
Chapter 69I-72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible
for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this
requirement and ensure its subcontracts issued under this Agreement, if any, impose this
requirement, in writing, on its subcontractors.
For fixed-price (vendor) subcontracts, the following provisions shall apply:
a.The Grantee may award, on a competitive basis, fixed-price subcontracts to
Attachment A
consultants/contractors in performing the work described in .
Invoices submitted to the Department for fixed-price subcontracted activities shall
be supported with a copy of the subcontractor’s invoice and a copy of the
tabulation form for the competitive procurement process (i.e., Invitation to Bid or
Request for Proposals) resulting in the fixed-price subcontract.
b.The Grantee may request approval from the Department to award a fixed-price
subcontract resulting from procurement methods other than those identified in the
paragraph above. In this instance, the Grantee shall request the advance written
approval from the Department’s Grant Manager of the fixed price negotiated by
the Grantee. The letter of request shall be supported by a detailed budget and
DEP Agreement No. LP44073,Page 2of 13
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Scope of Services to be performed by the subcontractor. Upon receipt of the
Department Grant Manager’s approval of the fixed-price amount, the Grantee
may proceed in finalizing the fixed-price subcontract.
c.All subcontracts are subject to the provisions of paragraph 12and any other
appropriate provisions of this Agreement which affect subcontracting activities.
E.In addition to the invoicing requirements contained in paragraphs3.C. and D.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
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). State guidelines for allowable costs can be found in the
Department of Financial Services’ Reference Guide for State Expenditures at
http://www.myfloridacfo.com/aadir/reference_guide/.
F.i.The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program-by-program or a
project-by-project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or subrecipient's, accounting
system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a
system to provide adequate fund accountability for each project it has been awarded.
ii.If the Department finds that these funds have been commingled, the Department shall have
the right todemand a refund, either in whole or in part, of the funds provided to the Grantee
under this Agreement for non-compliance with the material terms of this Agreement. The
Grantee, upon such written notification from the Department shall refund, and shall
forthwith pay to the Department, the amount of money demanded by the Department.
Interest on any refund shall be calculated based on the prevailing rate used by the State
Board of Administration. Interest shall be calculated from the date(s) the original
payment(s) are received from the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii.In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed
by the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund shall
be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to
the date repayment is made to the Department by the Grantee.
4.ANNUAL APPROPRIATION:
The State of Florida'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.Authorizationforcontinuation andcompletionof workandpaymentassociated
therewithmayberescinded withpropernoticeatthediscretionof the DepartmentifLegislative
appropriationsarereduced or eliminated.
5.REPORTS:
Attachment D,Progress Report Form
The Grantee shall utilize , to describe the work performedduring the
reporting period, problems encountered, problem resolutions, scheduledupdates,and proposed work for the
next reporting period. Quarterly reports shall be submitted to the Department’s Grant Manager no later than
twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood
DEP Agreement No. LP44073,Page 3of 13
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and agreed by the parties that the term “quarterly” shall reflect the calendar quarters ending March 31,
June 30, September 30 and December 31. The Department's Grant Manager shall have thirty(30) calendar
days to review the required reports and deliverables submitted by the Grantee.
6.RETAINAGE:
Retainage is not required under this Agreement.
7.INDEMNIFICATION:
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.Further, nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter
arising out of any contract or this Agreement.
8.DEFAULT/TERMINATION/FORCE MAJEURE:
A.The Department may terminate this Agreement at any timeif any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect, orin the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. Prior to termination, the 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 day’swritten notice.If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the
Agreement is terminated before performance is completed, the Grantee shall be paid only for that
work satisfactorily performed for which costs can be substantiated.
C.If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee’s intended timetable for implementation of such measures. If the partiesagree that the
delay or anticipated delay was caused, or will be caused by a force majeure, the Department may,
at its discretion, extend the time for performance under this Agreement for a period of time equal to
the delay resulting from the force majeure upon execution of an amendment to this Agreement.
Such agreement shall be confirmed by letter from the Department accepting, or if necessary,
modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion,
failure to receive timely necessary third party approvals through no fault of the Grantee, and any
other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably
within the control of the Grantee and/or the Department. The Grantee is responsible for the
performance of all services issued under this Agreement. Failure to perform by the Grantee’s
consultant(s) or subcontractor(s)shall not constitute a force majeure event.
9.REMEDIES/FINANCIAL CONSEQUENCES:
No payment will be made for deliverablesdeemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for
submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days
of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure
DEP Agreement No. LP44073,Page 4of 13
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to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under
this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the
Department. All CAPs must be able to be implemented and performed in no more than sixty (60)calendar
days.
A.A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of aCAP, the Department shall notify the Grantee in writing
whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have
ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised
proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result
in the Department’s termination of this Agreement for cause as authorized in this Agreement.
B.Upon the Department’s notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP
by the Department does not relieve the Grantee of any of its obligations under the Agreement. In
the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department
shall retain the right to require additional or further remedial steps, or to terminate this Agreement
for failure to perform. No actions approved by the Department or steps taken by the Grantee shall
preclude the Department from subsequently asserting any deficiencies in performance. The Grantee
shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of
the CAP will be made to the Department as requested by the Department Grant Manager.
C.Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement.
The remediesset forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
10.RECORD KEEPING/AUDIT:
A.The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with United States generally accepted accounting principles (US
GAAP) consistently applied. The Department, the State, or their authorized representatives shall
have access to such records for audit purposes during the term of this Agreement and for five (5)
years following the completion dateor terminationof the Agreement. In the event any work is
subcontracted, the Grantee shallsimilarly require each subcontractor to maintain and allow access
to such records for audit purposes.
B.The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department’s Inspector General in any investigation, audit, inspection, review, or hearing.The
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing, on its subcontractors.
11.SPECIAL AUDIT REQUIREMENTS:
A.In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
Attachment E, Special Audit Requirements
applicable provisions contained in , attached hereto
Exhibit 1Attachment E
and made a part hereof. tosummarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment EExhibit 1
. A revised copy of 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.
DEP Agreement No. LP44073,Page 5of 13
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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
Attachment E, Exhibit
consider the type of financial assistance (federal and/or state) identified in
1
when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under 2 CFR §200.330 for determining whether the relationship represents that
of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled
“Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form
number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following
website:
https:\\apps.fldfs.com\fsaa
The 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.
12.SUBCONTRACTS:
A.The Grantee maysubcontract work under this Agreement without the prior written consent of the
Department's Grant Managerexcept for certain fixed-price subcontracts pursuant to paragraph 3.D.
of this Agreement, which require priorapproval.The Grantee shall submit a copy of the executed
subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless
of any subcontract, the Grantee is ultimately responsible for all work to be performed under this
Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included
in any subcontract 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 supports diversity in its procurement program and requests that all subcontracting
opportunities afforded by this Agreement embrace diversity enthusiastically. The award of
subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority
owned firms that could be offered subcontracting opportunities may be obtained by contacting the
Office of Supplier Diversity at (850) 487-0915.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTIONPREFERENCES:
A.Pursuantto Section 255.0991, F.S., for a competitive solicitation for construction services in which
50 percent or more of the cost will be paid from state-appropriated funds which have been
appropriated at the time of the competitive solicitation, a state college, county, municipality, school
district, or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
i.The contractor’s maintaining an office or place of business within a particular local
jurisdiction;or
ii.The contractor’s hiring employees or subcontractors from within a particular local
jurisdiction; or
iii.The contractor’s prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B.For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the
solicitation documentthat any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
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14.LOBBYING PROHIBITION:
In accordance with Section 216.347, F.S., 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.Further, in
accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem,
appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall
be used by any state employee or other person for lobbying purposes.
15.COMPLIANCE WITH LAW:
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,
but is not limited to,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.
16.NOTICE:
All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a
courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an
electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient.Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 17.
17.CONTACTS:
The Department’s Grant Manager(which may also be referred to as the Department’s Project Manager) at
the time of execution for this Agreement isidentified below:
Michael Isaacson,or Successor
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd., MS#3505
Tallahassee, Florida32399
Telephone No.:850-245-2928
E-mail Address:Michael.isaacson@dep.state.fl.us
The Grantee’s Grant Manager at the time of execution for this Agreement is identified below:
Rhonda Haagor Successor
Monroe County
Sustainability Coordinator
102050 Overseas Highway
KeyLargo, Florida 33037
Telephone No.:305-453-8774
Fax No.:305-292-4544
E-mail Address:Haag-rhonda@monroecounty-fl.gov
In the event the Department’s or the Grantee’s Grant Manager changes, written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Orderor Amendment
pursuant to paragraph 3.B should include the updated Grant Manager information.
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18.INSURANCE:
A.Providingandmaintainingadequateinsurancecoverageis amaterialobligationoftheGrantee. This
insurance mustprovide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub-grantee,
or Grantee’s contractors. Such insurance shall include the State of Florida, the Department, and the
State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds
for the entire length of the Agreement.
B.Coverage may be by private insurance or self-insurance. The Grantee shall provide documentation
of all required coverageto the Department’s Grant Manager prior toperformance of any work
pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall
contain a provision that the insurance will not be canceled for any reason except after thirty (30)
calendar days’ written notice (with the exception of non-payment of premium, which requires a 10-
calendar-day notice) to the Department's GrantManager. If the Grantee is self-funded for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self-funded for said insurance, appropriate and allowable under Florida law, and that such
self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement.
C.During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee.
i.Workers' Compensation Insuranceis required for all employees connected with the work
of this project. Any self-insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide proof of adequate insurance satisfactory to the
Department, forthe protection of its employees not otherwise protected.
ii.Commercial General Liability insuranceis required, including bodily injury and property
damage. The minimum limits of liabilityshall be $200,000 each individual’s claim and
$300,000 each occurrence.
iii.Commercial Automobile Liability insuranceis required, for all claims which may arise
from the services and/or operations under this Agreement, whether such services and/or
operations are by the Grantee or any of its contractors. The minimum limits of liability
shall be as follows:
$300,000Automobile Liability Combined Single Limit for Company-
Owned Vehicles, if applicable
$300,000Hired and Non-owned Automobile LiabilityCoverage
iv.Other Insurancemay be required if any work proceeds over or adjacent to water, including
but not limited to Jones Act, Longshoreman’s and Harbormaster’s, or the inclusion of any
applicable rider to worker’s compensation insurance, and any necessary watercraft
insurance, with limits of not less than $300,000 each. Questions concerning required
coverage should be directed to the U.S. Department of Labor
http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the parties’ insurance carrier.
(
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19.CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict
in any manner or degree with the performance of services required.
20.EQUIPMENT:
The purchase of non-expendable personal property or equipment costing $1,000 or more purchased for
purposes of this Agreement remains the property of the Grantee. Upon satisfactory completion of this
Agreement, the Grantee may retain ownership and will require its subcontractor to account for and report on
all non-expendable personal property or equipment purchased under its subcontract. Non-expendable
personal property or equipment purchased by a subcontractor that meets theparameters set forth in paragraph
3.D. of this Agreement shall be capitalized in accordance with Chapter 69I-72, F.A.C., with property records
maintained by the Grantee for audit purposes. The following terms shall apply:
A. The Grantee and/or its subcontractor 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 Grantee’s possession for use in a contractual arrangement with the Department.
21.UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractoris considered a violation of Section
274A(e) of the Immigration and Nationality Act. Ifthe Grantee/subcontractorknowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
22.RESERVED.
23.DISCRIMINATION:
A.No person, on the grounds of race, creed, color,religion,national origin, age, gender,or disability,
shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this Agreement.
C.An entity or affiliate who has been placed on the discriminatory vendor listpursuant to Section
287.134, F.S.,may not submit a bid on a contract to provide goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not
award or perform work as a contractor, supplier, subcontractor, or consultant under contract with
any public entity, and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and poststhe 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.
24. LAND ACQUISITION:
Land acquisition is not authorized under the terms of this Agreement.
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25.PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement, including by any of the following methods:
A.Granteeshall provide access to any location or facility on which Granteeis performing work, or
storing or staging equipment, materials or documents;and
B.Granteeshall permit inspection of any facility, equipment, practices, or operations required in
performance of any workpursuant to this Agreement; and
C.Grantee shall allowand facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirementspursuant to this Agreement.
26.PUBLIC RECORDS ACCESS:
A.Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement.
B.This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request, or to allow inspection and copying of all public records
made or received by the Grantee in conjunction with this Agreement and subject to disclosure under
Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.
C.If Grantee meets the definition of “Contractor” found in Section 119.0701(1)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency], then the following requirements apply:
i.Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requestedrecords, the Department shall immediately notify the
Grantee of the request, and the Grantee must provide the records to the Department or
allow the records to be inspected or copied within a reasonable time. If Grantee fails to
provide the public recordsto the Department within a reasonable time, the Grantee may be
subject to penalties under s. 119.10, F.S.
ii.Upon request from the Department’s custodian of public records, Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
iii.Grantee shall identify and ensure that all public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by law for the duration of the Agreement term and following completion of the Agreement
if the Grantee does not transfer the records to the Department.
iv.Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement. If the Granteetransfers all
public records to the Department upon completion of the Agreement, the Grantee shall
destroy any duplicate public records that are exempt or confidential and exempt from
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public disclosure requirements. If the Grantee keeps and maintains public records upon
completion of the Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records that are stored electronically must be provided to
Department, upon request from the Department’s custodian of public records, in a format
that is accessible by and compatible with the information technology systems of
Department.
IF THE GRANTEE HAS QUESTIONS REGARDING THE
D.
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245-2118, by email at or at
ombudsman@dep.state.fl.us,
the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
27.TERMINATION,FALSE CERTIFICATION, SCRUTINIZED COMPANIES, AND
BOYCOTTING:
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,
F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub-
agreements entered into for the performance of work under this Agreement.Pursuant to Section 287.135,
F.S., the Department may immediately terminatethis Agreement for cause if the Grantee, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its
subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting
activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases
to authorize these contracting prohibitions then they shall become inoperative.
28.EXECUTION IN COUNTERPARTS:
This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more
counterparts, each of which together shall be deemed an original, but all of which together shall constitute
one and the same instrument. . In the event that any signature is delivered by facsimile transmission or by e-
mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the
party executing (or on whose behalf such signature is executed) with the same force and effect as if such
facsimile or ".pdf" signature page were an original thereof.
29.SEVERABILITY CLAUSE:
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any
action hereon or in connection herewith shall be brought in Leon County, Florida.
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30.ENTIRE AGREEMENT:
This Agreementrepresents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
MONROE COUNTYSTATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:________________________________By:____________________________________
*County AdministratorSecretary or designee
Print Nameof Authorized PersonPrint Name and Titleof Authorized Person
Date:_______________________________Date:___________________________________
_______________________________________
Michael Isaacson, DEP Grant Manager
____________________________________
Lisa Widener, DEP QC Reviewer
FEID No.:59-6000749
*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 Grantee must
accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
SpecifyLetter/
TypeNumberDescription (include number of pages)
Attachment A Grant Work Plan(7Pages)
Attachment B Payment Request Summary Form (5Pages)
Attachment C Contract Payment Requirements (1 Page)
Attachment D Progress Report Form (1Page)
Attachment E Special Audit Requirements (5 Pages)
Attachment F Attachment Intentionally Excluded
AttachmentG Attachment Intentionally Excluded
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ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE:
Monroe CountyCanal #75 Backfill Restorationand Canal #48, #59, #79 and #80
Augmented Aeration RestorationProjects
PROJECT LOCATION:
The Canal #75 Project will be located in the Rock Harbor neighborhood, which
is located within the unincorporated area of Key Largo, Monroe County, Florida.Project coordinates are
latitude 25.070352and longitude -80.462159.The Canal #48, #59, #79, and #80 Projects are located within
the unincorporatedarea of Key Largo, Monroe County, Florida. (Seeattached location maps.)
PROJECT BACKGROUND:
In 2013,Monroe County (Grantee) completed a comprehensive Canal
Management Master Plan (CMMP) in order toprovide a framework toidentify,prioritizeand correct water
quality impairments within the entire Florida Keys canal network. This plan identified131canals classified
as having Poor water quality.Canals receiving a Poor classification were scored and ranked using specific
canal attributes to provide a list of high priority canals which were suitable for consideration of various
public works restoration projects. Canal #75 in Key Largo was identified as a Poor canal that is too deep,
lacksoxygen, and is in need of a backfilling restoration.Canals #48, #59, #79, and #80 were also identified
asPoor, and candidates for augmented aeration, as described below.
In 2015, the Granteecompleted an EPA-sponsored alternative technology evaluation to address
accumulated muck in canal bottomswhich depletes dissolved oxygen levels in the canals.Removal of the
muck and addition of oxygen will help to restore the canal waters.The traditional methods of reducing the
amount of accumulatedmuck require the removal ofmuck by machine and are expensive and disruptive to
the use of the canal. The Granteewants to test alternative methods that, if successful, may be less expensive
for the muck removal process. The projects are designed to evaluate the cost,and effectiveness,of utilizing
an augmented aeration technology which introduces oxygen and potentially, microbiological organisms, to
stimulate bacteria and other organisms to degrade the accumulated muck.
PROJECT DESCRIPTION:
The Granteehasimplementedsix canal restoration demonstration projects
prior to this project. Thenew seventh and eighth demonstration projectsat Canal #75 and Canals #48, #59,
#79, and #80 aroundKey Largo are the next canal restoration projectsto be conducted. The restoration of
Canal #75 in Rock Harbor involves backfilling,to raise the canal bottom,to 6 feet below the Mean Sea
Level, which is the optimum depth to allow for tidal flow in and out of the canal. The engineering design,
access coordination,and permitting services for thesedemonstration projectsare underway, and
construction is anticipated to begin in the spring of 2017. This project includes augmented aeration work
at canals#48, #59, #79, and #80.These improvements are anticipated to restore the impaired waters of the
canal, and bring the dissolved oxygen levels up to meet Rule 62-302, Florida Administrative Code,Class 3
marine water quality standards.
TASKS and DELIVERABLES:
Task 1: Canal #75 Design and Permitting
Task Description:
The Grantee has procured AMEC Foster Wheeler, Inc. in accordance with state law
prior to execution of this Agreement. AMEC will complete the design of the Canal #75 backfilling project
and obtain all necessary permits for construction of the project. The Grantee will submit documentation of
preconstruction activities, as described below.
The Canal #75 project will consist of (1) collection and processing of environmental and engineering data;
(2) completion of 30, 60 and 100 percent design plans; (3) preparation of permit packages for state, federal,
and local permit applications; and (4) resident notification and staging area access coordination.
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Deliverables:
An electroniccopy of the final design, including professional certification as applicable, and
a list of all required permits identifying issue dates and issuing authorities submitted to the Department’s
Grant Manager. Upon request, the Grantee will provide copies of obtained permits or permit related
correspondence or documentation and/or a paper copy of the final design.
Performance Standard:
The Department’s Grant Manager will review the deliverablesto verify that they
meet the specifications in the Grant Work Plan and this task description.Upon review and written
acceptance by the Department’s Grant Manager of all deliverables under this task the Grantee may proceed
with payment request submittal.
Payment Request Schedule:
Grantee may submit a payment request for cost reimbursement upon
completion of the task and Department approval of all associated task deliverables.
Task 2: Canal #75 Bidding and Contractor Selection
Task Description:
The Grantee will subcontract the construction of the backfilling of canal #75 with a
qualified and licensed contractor, selected through the Grantee’s procurement process. The Grantee shall
prepare and solicit proposals utilizing a proposal package in accordance with state and federal laws and this
Agreement. Included in this task are pre-proposal meeting(s) in response to proposal questions.
Deliverables:
Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public
notice of advertisement for the proposal; 2) electronic access to all inquiries, questions, and comments
regarding the proposal documents; 3) electronic copy of proposal package; 4) written notice of selected
contractor; 5) electronic copy of executed subcontract(s) provided prior to submitting any invoices for the
subcontracted work.
Performance Standard:
The Department’s Grant Manager will review the deliverablesto verify that they
meet the specifications in the Grant Work Plan and this task description. Upon review and written
acceptance by the Department’s Grant Manager of all deliverables under this task, the Grantee may proceed
with payment requestsubmittal.
Payment Request Schedule:
Grantee may submit a payment request for cost reimbursement upon
completion of the task and Department approval of all associated task deliverables.
Task 3: Canal #75 Project Management
Task Description:
The Grantee’s engineering consultant AMEC will perform project management, to
include field engineering services, construction observation, site meetings with construction contractor and
design professionals, and overall project coordination and supervision. If the Grantee contracts these
services, the Grantee will procure such services in accordance with state law.
Deliverables:
Completed project management activities to date as evidenced by: 1) An electronic copy of
the Grantee’s executed contract(s) and scope of services for project management submitted to the
Department’s Grant Manager provided prior to submitting any invoices for the subcontracted work;2)
interim progress status summaries including summary of inspection(s), representative photos, meeting
minutes and field notes, as applicable. Upon request by the Department’s Grant Manager, the Grantee will
provide additional supporting documentation relating to project management.
Performance Standard:
The Department’s Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Plan and this task description. Upon review and written
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acceptance by the Department’s Grant Manager of thedeliverables under this task, the Grantee may proceed
with payment request submittal.
Payment Request Schedule:
Grantee may submit a payment request for cost reimbursement no more
frequently thanonce per month. The deliverables must be submitted 5 daysprior to each payment request
and may be submitted no more frequently than monthly.
Task 4: Construction of Canal #75 Project
Task Description:
The Grantee will construct the backfilling of canal #75 in Key Largo in accordance
with the final design(s) and required permits.Construction under this Agreement is the final phase of
construction leading up to the completed project. AMEC Foster Wheeler, Inc. is providing the engineering
oversight.
Deliverable 4a:
Construction completed to date as described in this task, as evidenced by these interim
deliverables: 1) Signed acceptance of the completed work by the Grantee, 2) Contractor’s Applicationand
Certification for Payment, and 3) dated color photographs of on-going work representing time period
covered in payment request. These interim deliverables must be submitted 5 days prior to each payment
request and may be submitted no more frequently than monthly.
Performance Standard:
The Department’s Grant Manager will review each submitted interim deliverable
to verify that it meets the specifications in the Grant Work Plan and this task descriptionand that work is
being performed in accordance with the Grantee’s construction contract documents and specifications.
Upon review and written acceptance of each interim deliverables submittal by the Department’s Grant
Manager, the Grantee may proceed with payment request submittal for costs associated with that submittal
period under this task.
Contractor’s Application and Certification for Payment should include the following supporting
documentation:
1.An itemized summary of the materials, labor, and/or services utilized during the period for
which payment is being requested.
2.The summary should identify the nature of the work performed; the amount expended for
such work; the name of the person/entity providing the service or performing the work;
proof of payment of the invoices; and evidence of all work conducted for which a request
for payment is being made.
3.Evidence may include references to any drafts or partially-complete designs, surveys,
environmental documents and/or permit applications, drawings, and specifications (which
must be made available upon request); and documentation demonstrating partial
completion of construction activities.
Deliverable4b:
Backfilling of canal #75 constructed as described in this task, as evidenced by these final
deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately
following completion of the construction task; 2) written verification that the Grantee has received record
drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed
work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating
construction has been completed in accordance with the design.
Performance Standard:
The Department’s Grant Manager will review the final deliverablesto verify that
they meet the specifications in the Grant Work Plan and this task description and that work is being
performed in accordance with the Grantee’s construction contract documents and specifications. Upon
review and written approval by the Department’s Grant Manager of all final deliverables under this task,
the Grantee may proceed with payment request submittal.
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Payment Request Schedule:
Grantee may submit a payment request for cost reimbursement no more
frequently than once per month.The outlined Interim Deliverable(s) and/or Final Deliverable(s) must have
been submitted and accepted in writing by the Department’s Grant Managerprior to payment request
submittal.
Task 5: Construction of Canal #48, #59, #79, and #80 Projects
Task Description:
The Grantee will construct the augmented aeration projects at canals#48, #59, #79,
and #80 in Key Largo in accordance with the final design(s) and required permits.Construction under this
Agreement is the final phase of construction leading up to the completed project. AMEC Foster Wheeler,
Inc. is providing the engineering oversight.
Deliverables:
Augmented Aeration projects at canals#48, #59, #79, and #80 as described in this task, as
evidenced by: 1) Dated color photographs of the construction site(s) prior to, during, and immediately
following completion of the construction task; 2) written verification that the Grantee has received record
drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed
work by the Grantee; and, 4) signed statement from a Florida Licensed Professional Engineer indicating
construction has been completed in accordance with the design.
Performance Standard:
The Department’s Grant Manager will review the deliverablesto verify that they
meet the specifications in the Grant Work Plan and this task description and that work is being performed
in accordance with the Grantee’s construction contract documents. Upon review and written approval by
the Department’s Grant Manager of all deliverables under this task, the Grantee may proceed with payment
request submittal.
Payment Request Schedule:
Grantee may submit a payment request for cost reimbursement upon
completion of the task and Department approval of all associated task deliverables.
PROJECT TIMELINE& BUDGET DETAIL:
The tasks must be completed by the corresponding task
end date and all deliverables must be received by the task enddate.
Task Budget Budget AmountTask Start Task End
Task Title
No.CategoryDateDate
Contractual
Canal #75 Design and Permitting
1$52,38709/21/201606/30/2018
Services
Canal #75 Bidding and Contractual
2$8,016.4009/21/201606/30/2018
Contractor Selection
Services
Contractual
Canal #75 Project Management
3$76,42803/01/201712/31/2018
Services
Contractual
Construction of Canal #75 Project
4$1,263,168.6003/01/201710/30/2018
Services
Construction of Canal #48, #59,
Contractual
5$100,00003/01/201710/30/2018
#79, and #80 Projects
Services
Total:$1,500,000
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LOCATION MAPS
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DEP Agreement No. LP44073,Page 7of 7
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ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Payment Request No.DEP Agreement No.Date
_________________ _______________ _____________________
Performance Period
(Start date - End date): ____________________________________________________________
Deliverables completed to support payment request ():
attach additional pages as needed
Task/Deliverable Task Budget
Number(s):Amount:
$-
Grantee:
(Name & Mailing
Address)
Grantee Contact:
(Name & Phone)
GRANT EXPENDITURES SUMMARY SECTION
TOTAL TOTAL
MATCHING FUNDS
CUMULATIVE CUMULATIVE
AMOUNT OF THIS FOR THIS
CATEGORY OF EXPENDITURE
PAYMENT MATCHING
REQUEST REQUEST
(As authorized)
REQUESTSFUNDS
Salaries/Wages
$ - $ - $ - $ -
Fringe Benefits
$ - $ - $ - $ -
Indirect Cost
$ - $ - $ - $ -
Contractual (Subcontractors)
$ - $ - $ - $ -
Travel
$ - $ - $ - $ -
Equipment (Direct Purchases)
$ - $ -
$ - $ -
Rental/Lease of Equipment
$ - $ - $ - $ -
Miscellaneous/Other Expenses
$ - $ - $ - $ -
Land Acquisition
$ - $ - $ - $ -
TOTAL AMOUNT
$ $ $ $
TOTAL BUDGET
$ $ $ $
(ALL TASKS)
Less Total Cumulative Payment
$ $ $ $
Requests of:
TOTAL REMAINING
$ $ $ $
(ALL TASKS)
GRANTEE CERTIFICATION
Complete Grantee’s Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement
above was for items that were charged to and utilized only for the above cited grant activities.
DEP Agreement No.LP44073, Attachment B, Page 1 of 5
Grantee’s Certification of Payment Request
I, ___________________________________________________________________, on behalf of
(Print name of Grantee’s Grant Manager designated in the Agreement)
_____________________________________________________________________, do hereby certify for
(Print name of Grantee)
DEP Agreement No. ______________________ and Payment Request No. _________________________ that:
The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement.
All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing
the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement.
The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in
default of any terms or provisions of the contracts.
Check all that apply:
All permits and approvals required for the construction, which is underway, have been obtained.
Construction up to the point of this disbursement is in compliance with the construction plans and permits.
The Grantee’s Grant Manager relied on certifications from the following professionals that provided services for this project during
the time period covered by this Certification of Payment Request, and such certifications are included:
Professional Service Provider (Name / License No.)Period of Service (mm/dd/yy – mm/dd/yy)
Grantee's Grant Manager’s Signature Grantee's Fiscal Agent Signature
Print NamePrint Name
Telephone Number
Telephone Number
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
PAYMENT REQUEST NO.:
This is the number of your payment request, not the quarter number.
DEP AGREEMENT NO.:
This is the number on your grant agreement.
DATE:
This is the date that you are submitting the payment request.
PERFORMANCEPERIOD:
ThisisthebeginningandendingdateoftheperformanceperiodfortheTask/Deliverablethattherequestisfor(this
must be within the timeline shown for the Task/Deliverable in the Agreement).
TASK/DELIVERABLENO.:
IdentifythenumberoftheTask/Deliverablethatyouarerequestingpaymentforand/orclaimingmatchfor(must
agreewiththecurrentGrantWorkPlan).Note:IfpaymentrequestincludesmorethanoneTask/Deliverable,additionalpagesshouldidentifyeach
Task/Deliverable Number, its corresponding budget amount, and the amount requested.
TASKBUDGETAMOUNT:
ListtheTaskbudgetamountasidentifiedintheGrantWorkPlanforthecorrespondingTask/Delverable.Note:If
paymentrequestincludesmorethanoneTask/Deliverable,additionalpagesshouldidentifyeachTask/DeliverableNumber,itscorrespondingbudget
amount, and the amount requested.
GRANTEE:
Enter the name of the Grantee’s agency and the address to which you want the state warrant sent.
GRANTEECONTACT:
ListthenameandtelephonenumberfortheGrantee'sgrantmanagerorotherpointofcontactregardingthepayment
request submittal.
GRANT EXPENDITURES SUMMARY SECTION:
“AMOUNTOFTHISREQUEST”COLUMN:
Enterbyauthorizedcategoryofexpendituretheamountforwhichyouarerequesting
reimbursementforthistask.ThismustagreewiththecurrentlyapprovedbudgetinthecurrentGrantWorkPlanofyourgrantAgreement.Donot
claimexpensesinabudgetcategorythatdoesnothaveanapprovedbudget.Donotclaimitemsthatarenotspecificallyidentifiedinthecurrent
GrantWorkPlan.Enterthecolumntotalonthe“TOTALAMOUNT”line.EntertheamountofallTasksonthe“TOTALBUDGET(ALLTASKS)”
and
line.Enterthetotalcumulativeamountofthisrequestallpreviouspaymentsonthe“LESSTOTALCUMULATIVEPAYMENTREQUESTS
OF”line.Deductthe“LESSTOTALCUMULATIVEPAYMENTREQUESTSOF”fromthe“TOTALBUDGET(ALLTASKS)”fortheamountto
enter on the “TOTAL REMAINING (ALL TASKS)” line.
“TOTALCUMULATIVEPAYMENTREQUESTS”COLUMN:
Enterthecumulativeamountsthathavebeenrequestedtodatefor
reimbursementbybudgetcategory.Thefinalrequestshouldshowthetotalofallrequests;firstthroughthefinalrequest(thisamountcannotexceed
theapprovedbudgetamountforthatbudgetcategoryfortheTask(s)youarereportingon).Enterthecolumntotalonthe“TOTALPAYMENT
Do not enter anything in the shaded areas.
REQUEST” line.
“MATCHINGFUNDS”COLUMN:
EntertheamounttobeclaimedasmatchfortheperformanceperiodfortheTask(s)youarereportingon.
ThisneedstobeshownunderspecificbudgetcategoriesaccordingtothecurrentlyapprovedGrantWorkPlan.Enterthetotalonthe“TOTAL
AMOUNT”lineforthiscolumn.Enterthematchbudgetamountonthe“TOTALBUDGET(ALLTASKS)”lineforthiscolumn.Enterthetotal
cumulativeamountofthisandanypreviousmatchclaimedonthe“LESSTOTALCUMULATIVEPAYMENTSOF”lineforthiscolumn.Deductthe
“LESSTOTALCUMULATIVEPAYMENTSOF”fromthe“TOTALBUDGET(ALLTASKS)”fortheamounttoenteronthe“TOTALREMAINING
(ALL TASKS)” line.
“TOTALCUMULATIVEMATCHINGFUNDS”COLUMN:
Enterthecumulativeamountsyouhaveclaimedtodateformatchbybudget
category.Putthetotalofallonthelinetitled“TOTALPAYMENTREQUEST.”Thefinalrequestshouldshowthetotalofallclaims,firstclaim
Do not enter anything in the shaded areas.
through the final claim, etc.
GRANTEE’SCERTIFICATION:
Checkallboxesthatapply.Identifyanylicensedprofessionalserviceprovidersthatcertifiedworkorservices
MustbesignedbyboththeGrantee’sGrantManagerasidentifiedinthe
completedduringtheperiodincludedintherequestforpayment.
grant agreement and the Grantee’s Fiscal Agent.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
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Instructions for Completing Request for Payment - Part II
Include the Grantee Name, Payment Request No., and DEP Agreement Number. List vendor invoices that are associated
with the Project by Task/Deliverable.
Invoice Amount:
Amount of Invoice being submitted for reimbursement.
1
Local Share or Other Funding or Amount Not Requested
: Portion of invoice paid for by Grantee.
2
Requested Amount(2)
: Subtract Grantee's Local Share or Other Funding or Amount Not Requested from Invoice
3(1)
Amount .
Deliverable Number:
Must identify completed deliverable(s) for each invoice. If invoice covers multiple
deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not
2
4applicable to that Task/Deliverable identified under ().
Submittal Instructions
Instructions for E-mailing:
The program now accepts reimbursement requests electronically, please E-mail to SRF. When scanning please be sure
that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent
electronically, please do not also send a hard copy by postal mail. You should anticipate a response from program staff
within 2 business days.
Remit Payment Request by E-mail to: SRF_Reporting@dep.state.fl.us
Be sure the E-mail payment request includes the following:
Cc: Department's Grant/Project Manager
Subject: Project Number_Disbursement Number: example – LP14025_Disb_1
Attachments:
1) Attachment B Payment Request Summary
2) Request for Payment Part II Reimbursement Detail
3) Copies of invoices
4) Other supporting documentation, as needed
For questions or concerns regarding these forms or if you would like the payment request forms listed above in
electronic format please contact:
Michael Isaacson 850-245-2928
Michael.isaacson@dep.state.fl.us
DEP Agreement No.LP44073, Attachment B, Page 5 of 5
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ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.).Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries:A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception:Governmental entities are not required to provide check numbers or copies
of checks forfringe benefits.
(3) Travel:Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs:Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs:If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http://www.fldfs.com/aadir/reference_guide.htm
DEP Agreement No. LP44073, Attachment C, Page 1of1
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ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:LP44073
Grantee Name:Monroe County
Grantee Address:
Grantee’s Grant Manager:Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following informationfor all tasks and deliverables identified in the Grant Work Plan:
a summary of project accomplishments for the reporting period;a comparison of actual
accomplishments to goals for the period; if goals were not met, provide reasons why; provide an
update on the estimated time for completion of the task and an explanation for any anticipated
delays and identify bytask.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identifyany delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP44073
and accurately reflects the activities associated with the project.
Signature of Grantee’s Grant ManagerDate
DEP Agreement No. LP44073,Attachment D, Page 1of 1
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ATTACHMENT E
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, as revised, 2 CFR Part 200,
Subpart F,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 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided bythe
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised(for fiscal year start dates prior to December 26, 2014),or as defined in 2 CFR §200.330
(forfiscal year startdatesafter December 26, 2014).
1.In the event that the recipient expends $500,000($750,000 for fiscal year start datesafter December 26,
2014)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,and2 CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachmentindicates 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,and 2 CFR
Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A-133, as revised,and 2 CFR Part 200, Subpart F, will meet the requirements
of this part.
2.In connection with the audit requirements addressed in Part I, paragraph 1,the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised,and 2 CFR Part 200, Subpart F.
3.If the recipient expends less than $500,000(or $750,000, as applicable)in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,and 2 CFR Part
200, Subpart F,is not required. In the event that the recipient expends less than $500,000(or $750,000, as
applicable) 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,and 2 CFR Part 200, Subpart Fthe 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.Therecipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
www.cfda.gov
the internet at
DEP Agreement No. LP44073, Attachment E, Page 1of 5
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PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes.
1.In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachmentindicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2.In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3.If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the
recipient’s resources obtained from other than State entities).
4.For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single AuditAct website located at https://apps.fldfs.com/fsaafor assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Websiteathttp://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at
http://www.myflorida.com/, Department of Financial Services’ Websiteathttp://www.fldfs.com/and the
Auditor General's Websiteathttp://www.myflorida.com/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 conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the Stateawarding 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
2 CFR Part 200, Subpart Fand required by PART I of this Attachmentshall be submitted, when required
by Section .320 (d), OMB Circular A-133, as revised,and 2 CFR Part 200, Subpart F, by or on behalf of
the recipient directlyto each of the following:
A.The Department of Environmental Protection at one of the following addresses:
By Mail:
DEP Agreement No. LP44073, Attachment E, Page 2of 5
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Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B.The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised,and2 CFR
§200.501(a)(the number of copies required by Sections .320 (d)(1) and (2), OMB CircularA-133,
as revised,and2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Auditreporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System whichcan
be found athttp://harvester.census.gov/facweb/
C.Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised,and 2 CFR §200.512.
2.Pursuant to Section .320(f), OMB Circular A-133, as revised,and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
3.Copies of financial reporting packages required by PART II of this Attachmentshall be submitted by or on
behalf of the recipient directlyto each of the following:
A.The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
DEP Agreement No. LP44073, Attachment E, Page 3of 5
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B.The Auditor General’s Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4.Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directlyto the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
5.Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, as revised,and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
6.Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, as revisedand 2 CFR Part 200, Subpart F, or
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
5
period of 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,
3
or its designee, Chief Financial Officer, or Auditor General upon request for a period of years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
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