Item S2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 January 2003
Division:
Growth Management
Bulk Item: Yes ~ No
Department"
Marine Resources
AGENDA ITEM WORDING:
Approval of a contract between Monroe County and FDEP providing funds for wastewater improvements to be
utilized for two County sponsored private utility projects, Key West Resort Utilities and North Key Largo
Utilities.
ITEM BACKGROUND:
The Legislature made $11.8 million in funds available to Monroe County and its municipalities for wastewater
and stormwater improvements. The Commission passed a motion in June to expend a portion of the County's
share ($987,586) to assist the North Key Largo Utility in making wastewater transmission line improvements.
The County staff provided two applications in August to fund the North Key Largo Utility project and another
project involving the Key West Resort Utility. The attached contract provides the County with pass-through
funds for both projects. The County will administer the funds while the Utilities under sub contracts will
provide documentation of engineering design and project progress and/or completion.
PREVIOUS RELEVANT BOCC ACTION:
June 19,2002 - Direction to staff to include NKLU in State funding projects
CONTRACT/AGREEMENT CHANGES:
New Contract
ST AFF RECOMMENDATIONS;
Approval
TOTAL COST:
$1.122.408
BUDGETED: Yes
No
x
COST TO COUNTY:
None
SOURCE OF FUNDS:
FDEP Grant LP0337
No -LL AMOUNT Per Month
Year
REVENUE PRODUCING: Yes
APPROVED BY: County Atty -LL
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included -LL To Follow
Not Required
AGENDA ITEM NO.: ~ cJ
DISPOSITION:
BC030 170.doc
12/24/028:00 AM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FDEP Contract # LP0337
Effective Date: January 2003
Expiration Date: 1 March 2003
Contract Purpose/Description:
Contract to provide state funding for wastewater projects associated with two private
utilities, Key West Resort Utilities and North Key Largo Utility.
Contract Manager: George Garrett 2507 Marine Resources/II
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 15 January 2003 Agenda Deadline: 31 December 2002
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,122,408
Budgeted? YesO No 181 Account Codes:
Grarit: $ 1,122,408
County Match: $ None
Current Year Portion: $
Setup-_-_-_-
- - -
----
- - -
----
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----
Estimated Ongoing Costs: $NAlyr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed ~
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Comments:
OMB Form Revised 2/27/01 MCP #2
STATE FINANCIAL ASSISTANCE AGREEMENT
MONROE COUNTY
DEP AGREEMENT NO. LP0337
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO SPECIFIC APPROPRIATION 1765A OF THE 2002 - 2003 GENERAL
APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA)
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, the address for which is 2600 Blair Stone Road,
Tallahassee, Florida 32399 (hereinafter referred to as the "Department") and MONROE
COUNTY, the address for which is Gato Building, 1100 Simonton Street, Key West, Florida
33040 (hereinafter referred to as "Grantee" or "Recipient"), existing as a local government
agency under the laws of the State of Florida, to provide funds for constructing additions to the
wastewater collection systems for North Key Largo Utility and for Key West Resort Utility.
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. The
Grantee agrees to the completion of all activities set forth in Section C of Attachment A.
For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms
"Grantee", "Recipient" and "Contractor" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and end no later than March
31, 2003 unless the Project Schedule outlined in Section C of Attachment A is met and
the Agreement is amended. The Grantee shall not be eligible for reimbursement for work
performed unless the Project Schedule is met. This Agreement shall be amended to
provide for disbursement of grant funds identified herein provided that all terms and
conditions of this Agreement, including compliance with the Project Schedule, are met
and construction of the Project results. This Agreement may be amended one or more
times to provide for disbursements for any portion of the Scope of the Project Work
outlined in Section B of Attachment A. However all such amendments must be issued
before March 31, 2003.
3. In the event that the Agreement is amended as provided in paragraph 2. above, the
following disbursement provisions shall apply:
A. As consideration for the services rendered by the Grantee, the Department shall pay the
Grantee on a cost reimbursement basis in an amount not to exceed $1,122,408 toward the
total Project cost estimate identified in Section A of Attachment A. It is acknowledged
that the cost estimate is based on preliminary estimates and requires updating, as
appropriate, by the Grantee according to Section C of Attachment A. In no event shall
payments to the Grantee exceed 100% of the eligible project costs.
B The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project
costs after approval of deliverables and acceptance of a properly submitted Payment
Request Summary Form. The Payment Request Summary Form would be incorporated
into this Agreement by amendment. A Professional Engineer shall be responsible for
overseeing construction. In addition to the summary form, the Grantee must provide
sufficiently itemized invoices for the materials, labor, or services to identify the nature of
the work performed; the cost or charges for such work; and the person or entity providing
the service or performing the work.
C. In addition to the invoicing requirements referenced in paragraph 3.B. above, the
Department may periodically request proof of a transaction (invoice, etc.) to evaluate the
appropriateness of costs pursuant to State guidelines. This information when requested
must be provided within 30 calendar days of such request. All bills for amounts due shall
be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
D. State guidelines for allowable costs can be found in the State Comptroller's Voucher
Processing Handbook at http://www.dbf.state.fl.us/aadir/tochandbk.html.
E. All costs incurred by the Grantee for its own employees in planning, designing,
constructing, administering, managing, evaluating, and inspecting the Project are not
eligible for reimbursement under this Agreement or any amendment thereof.
F. Travel costs are not authorized for reimbursement under this Agreement or any
amendment thereof.
G. The purchase of non-expendable equipment for use by the Grantee is not authorized
under the terms of this Agreement or any amendment thereof.
4. The State of Florida's performance and obligation to pay under this Agreement as
amended would be contingent upon an annual appropriation by the Legislature. The
parties hereto understand that this Agreement is not a commitment of future
appropriations.
5. 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.
6.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 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.
2
6.B. The Department may terminate this Agreement for convenience by providing the Grantee
with thirty (30) calendar days written notice.
7. This Agreement may be unilaterally canceled by the Department for refusal by the
Grantee to allow public access to all documents, papers, letters, or other material made or
received by the Grantee in conjunction with this Agreement, unless the records are
exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
8. The Grantee shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. The Department, the State, or their authorized
representatives shall have access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. The Grantee shall
similarly require each subcontractor to maintain and allow access to such records for
audit purposes.
9. In addition to the provisions contained in paragraph 8 above, the Grantee shall comply
with the applicable audit, monitoring, and record keeping provisions contained in
Attachment B. A revised copy of Attachment B, Exhibit-I shall be provided to the
Grantee with each Agreement amendment that affects the information contained therein.
A revised Exhibit-I shall summarize the funding sources supporting the Agreement for
purposes of assisting the Grantee in complying with the requirements of Attachment B.
If the Grantee fails to receive a revised copy of Exhibit-I, the Grantee shall notify the
Department's Grant Manager indicated in this Agreement to request a copy of the
updated information.
10. A. The Grantee shall not subcontract, assign, or transfer any construction services or
equipment/material procurement work to be funded under this Agreement as amended
without the prior written consent of the Department's Grant Manager. The Grantee agrees
to be responsible for the fulfillment of all work elements included in any subcontract 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, and that the Grantee shall be solely
liable to any subcontractor for all expenses and liabilities incurred under the subcontract.
10.B. The Department of Environmental Protection supports diversity in its procurement
program and requests that all subcontracting opportunities afforded by this Agreement
embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State of Florida. Upon request of the Grantee, the
Department will furnish a list of minority owned businesses for consideration in
subcontracting opportunities.
ll. In accordance with Section 2l6.34 7, Florida Statutes, the Grantee is hereby prohibited
from using funds provided by this Agreement and any amendment thereto for the purpose
of lobbying the Legislature, the judicial branch or a state agency.
3
12. The Grantee shall comply with all applicable federal, state and local rules and regulations
in providing services to the Department. The Grantee acknowledges that this requirement
includes compliance with all applicable federal, state and local health and safety rules and
regulations. The Grantee further agrees to include this provision in all subcontracts (by
change order if necessary) issued as a result of this Agreement.
13. The Department's Grant Manager for this Agreement is identified below.
Dick Smith
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: (850) 245 - 8358
Fax: (850) 245 - 8411
14. The Grantee's Grant Manager for this Agreement is identified below.
George Garrett, Director
Division of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Phone: (305) 289 - 2507
Fax: (305) 289 - 2536
l5. 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
its employees connected with the work of this Project. The Grantee shall require each
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 coverage shall comply fully with the Florida
Workers' Compensation law. In case any class of employees engaged in hazardous work
under this Agreement is not protected under Workers' Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to
the Department, for the protection of his employees not otherwise protected.
l6. The Grantee, as an independent contractor and not an agent, representative, or employee
of the Department, agrees to carry adequate liability and other appropriate forms of
insurance. The Department shall have no liability except as may be specifically provided
in this Agreement. Alternatively, the Grantee warrants and represents that it is
self-funded for liability insurance, appropriate and allowable under Florida law, and that
such self-insurance offers protection applicable to the Grantee's officers, employees,
servants and agents while acting within the scope of their employment with the Grantee.
17. 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.
4
18. The Department may at any time, by written order designated to be a change order, make
any change in the work within the general scope of this Agreement (e.g., requirements,
etc.). This Agreement does not incorporate such subcontracts, assignments, or transfers
as may be approved by the Department pursuant to paragraph 10.A. All change orders
are subject to the mutual agreement of both parties as evidenced in writing. Any change
order that could result in the Grantee's ability to pay for Project work, change the amount
of funding under this Agreement, or increase the time for completion of Project work
shall require a formal amendment to this Agreement.
19. 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.
19.8. An entity or affiliate that 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 works, 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.
20. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee, contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, F.S., for Category Two, for a period of 36 months from the date of
being placed on the convicted vendor list.
21. This Agreement represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this Agreement, unless otherwise provided herein.
22. The offer to enter into agreement for Project implementation and funding shall be
withdrawn if the designated local government Recipient fails to execute the Agreement
within 30 days of delivery to the Grantee's Grant Manager at the address given in
paragraph 14 or if there is a failure to return the fully executed Agreement within 45 days
to the Department's Grant Manager at the address given in paragraph 13.
23. Any dispute between the Contractor and the Department involving the adequacy of
required submittals/deliverables, including the justification for award of the design/build
contract, described in Attachment A, shall be resolved at the lowest organizational level
possible. However, final decisions over disputed issues may be made by the Director,
Division of Water Resource Management or designee.
5
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,
the day and year last written below.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
By:
Mayor/Chairperson
Director, Division of Water
Resource Management
Date:
Date:
FEID No.: 59-6000749
Attest
By:
List of attachments/exhibits included as part of this Agreement:
Specify Type
Letter/
Number
A
B
Description (include number of pages)
Project Work Plan (2 Pages)
Audit Requirements (5 Pages)
Attachment
Attachment
APPROVED AS TO FORM
.~~
DATE I Z - 7 b - Z
6
ATTACHMENT A
MONROE COUNTY
North Key Largo Utility and Key West Resort Utility Wastewater Management Systems
A. PROJECT BUDGET INFORMATION
PROJECT BUDGET
Category of Expenditure DEP Funds Other Funds Total Funding
FY 02/03 FY 03/04 FY 04/05
North Key Lare:o Utility
Design $ 0 $ 0 $ 0 $ TBI* $ TBI*
Construction $ 987,586 $ 0 $ 0 $ TBI* $ TBI*
Tech. Services during $ 0 $ 0 $ 0 $ TBI* $ TBI*
Construction
Other $ 0 $ 0 $ 0 $ TBI* $ TBI*
SUBTOAL $ 987,586 $ 0 $ 0 $ 2,912,414 $ 3,900,000
Key West Resort Utility
Engineering /Inspection $ 0 $ 0 $ 0 $ 279,000 $ 279,000
Construction $ 134,822 $ 0 $ 0 $ 3,365,178 $ 3,500,000
Contingency $ 0 $ 0 $ 0 $ 380,000 $ 380,000
AdministrationlLegal $ 0 $ 0 $ 0 $ 347,000 $ 347,000
Testing $ 0 $ 0 $ 0 $ 100,000 $ 100,000
SUBTOTAL $ 134,822 $ 0 $ 0 $ 4,471,178 $ 4,606,000
GRAND TOTAL $1,122,408 $ 0 $ 0 $ 7,383,592 $ 8,506,000
Note: TBI* means To Be Identified by Grantee
B. SCOPE OF PROJECT WORK:
Sewer extensions are to be constructed for the North Key Largo Utility Corporation and for the Key
West Resort Utility, Incorporated. The facilities to be constructed will provide for decommissioning
of existing individual on-site wastewater treatment and disposal systems. Wastewater treatment and
disposal will be provided at the existing facilities serving each of the two Utilities.
C. PROJECT SCHEDULE
1. North Key Largo Utility
Completion of Project activities (a) through (e) below shall be accomplished before March 1, 2003
to comply with statutory requirements. All submittals shall be made by the Recipient's Grant
Manager and shall be sent to the Department's Grant Manager.
DEP Agreement LP0337, Attachment A, Page] of2
(a) Submittal of updated Section A Project Budget Information.
(b) Submittal of inter-local agreement for construction of sewers.
(c) Certification of availability of the all wastewater collection/transmission system sites, including
easements and rights-of-way, including permission to work on private property (submittal to the
Department is required).
(d) Submittal of plans and specifications as used for advertised competitive bidding.
(e) Submittal of recommendation for award to low responsive, responsible bidder.
(f) Certification of operability (submittal to the Department is required).
2. Key West Resort Utility
Completion of Project activities (a) through (f) below shall be accomplished before March 1,2003 to
comply with statutory requirements. All submittals shall be made by the Recipient's Grant Manager
and shall be sent to the Department's Grant Manager.
(a) Establishment of rates, fees, and assessments for the revenue generation system to recover
capital costs and operation/maintenance costs (submittal to the Department is required).
(b) Certification of availability oflocal share of Project contract costs (submittal to the Department
is required).
(c) Submittal of a plan for timely decommissioning of existing individual on-site treatment and
disposal systems.
(d) Certification of availability of the all wastewater collection/transmission system sites, including
easements and rights-of-way, including permission to work on private property (submittal to the
Department is required).
(e) Submittal of plans and specifications as used for advertised competitive bidding.
(f) Submittal of recommendation for award to low responsive, responsible bidder.
(g) Certification of operability (submittal to the Department is required).
DEP Agreement LP0337, Attachment A, Page 2 of2
ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of funds 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 section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-I33, 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-l33, as revised, and/or other procedures. By entering into this agreement, the
recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Department of Environmental Protection. In the event the Department of Environmental Protection determines that
a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor
General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-I33, as revised.
1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-I33, as revised. EXHIBIT 1 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 funds 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-I33, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-l33, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-l33, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-I33, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-I33, as revised, the cost of the audit must
be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained
from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http:/aspe.os.dhhs.gov/cfda.
DEP Agreement No. LP0337, Attachment B, Page 1 of5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2XI), Florida Statutes.
I. In the event that the recipient expends a total amount of State awards (i.e., State fmancial assistance
provided to the recipient to carry out a State project) equal to or in excess of $300,000 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 Executive Office of the Governor
and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT I to this agreement
indicates State funds awarded through the
Department of Environmental Protection by this agreement. In determining the State awards expended in
its fiscal year, the recipient shall consider all sources of State awards, including State funds received from
the Department of Environmental Protection, except that State awards received by a nonstate entity for
Federal program matching requirements shall be excluded from consideration.
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 reporting package as defmed by Section 215.97(2)( d), Florida Statutes, and Chapter 10.600, Rules of
the Auditor General.
3. If the recipient expends less than $300,000 in State awards 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 $300,000 in State awards 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 non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other
than State entities).
4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial
Assistance (CSFA), a recipient should access the website for the Governor's Office located at
http://sun6.dms.state.fl.us/fsaa! for assistance. In addition to the above website, the following websites may
be accessed for information: Legislature's Website http://www.le~.state.fl.us!. Governor's Website
http://www.flgov.com/. Department of Banking and Finance's Website
http://www.dbfstate.fl.us/aadir/FSAAlndex.html. and the Auditor General's Website
http://sun6.dms.state . fl. us/aud !,;en.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: Pursuant to Section 215.97 (7)(m), Florida Statutes, State agencies may conduct or arrange for audits of
State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such
an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used
to specify any additional audit requirements imposed by the State agency that are solely a matter of that State
agency'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).)
DEP Agreement No. LP0337, Attachment B, Page 2 of 5
PART IV: REPORT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A- 133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular
A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (dXI) 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
120 I East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(t), OMB Circular A- 133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at each of the following
addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32302-1450
DEP Agreement No. LP0337, Attachment B, Page 3 of 5
4. Copies ofreports or management letters required by PART III of this agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at each of the following
addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable.
6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in
accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in correspondence
accompanying the audit report.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection or its designee, 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, 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.
DEP Agreement No. LP0337, Attachment B, Page 4 of5
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ATTACHMENT C
Disbursement Request Form
Legislative Projects (LP) Grants
1. Grantee/Recipient
2
2
3.
4.
Project Number
LP0337
Date of Request
Required Match %
Disbursement Request Number
Disbursement Request Number
:. ..:....',1.
o
Final
o
Type of Request:
Partial
5. Federal Employer Identification Number
6.
o EFT
o Send Remittance to:
Mail
Disbursement Details
(cumulative lI1110unts rounded to the nearest dollar)
1.
Construction
$
2.
TotalCumulative to Date
$
$
$
3.
Disbursements Previously Requested
4.
Amount Requested for Disbursement
(Line 2 minus Line 3)
** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: **
Florida Department or Environmental Protection
Bureau or Water Facilities Funding MS 3505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LP0337, Attachment C, Page 1 of3
Grant Manager's Certification
of Disbursement Request
I,
(name of Grant Manager designated in the Agreement)
on behalf of
, do hereby certify that:
(name of GranteelRecipient)
1. The disbursement amount requested on page I 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 lccordS~...
3. The Grantee is required. to ply such costs under thcterms and provisions of contracts relating directly to the Project,
and the GranteeisincomJlliance with all terms or provisions of the contracts.
4. All funds received to date JJDde"the Agreement have been appliedtoward.completing the project.
5. All permits and approvals required for the construction which is underway have been obtained.
( Signature of Grant Manager)
(Date)
DEP Agreement No. LP0337, Attachment C, Page 2 of3
Engineer's Certification
of Disbursement Request
, being the Professional Engineer retained by
I,
(name of Professional Engineer)
, am responsible for overseeing construction.ofthe
(name of Grantee/Recipient)
project described in the Agreement and do hereby certify that:
1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactoriIypurcbased
or received and applied to the project in accordance with construction:contractdocumentssubmitted to the
Department of Environmental Protection's Bureau of Water Facilities Funding;
2. Payment is in accordance: with construction contract provisions;
3. Adequate COIlsttuctioD'sapervision is being provided to assure compliance with constructiOn requirements and
Florida Administrative Code Rule 62-600 or Rule 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 of Environmental Protection's Bureau of Water Facilities
FundingDepartment; and
6. All additions or deletions to the Project which have altered the performance standards, scope, or purpose and any
changes in State or Federal funding (since the effective date of the Agreement) have been identified in writing to the
Department or areideritified on the attachment hereto. (Attachment included: Yes 0 No D)
Signature of Professional Engineer
Firm or Affiliation
(Date)
(P.E. Number)
~.
DEP Agreement No. LP0337, Attachment C, Page 3 on