Item C16BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 20, 2013
Division: Engineering & Public Works
Bully Item: Yes x No Department: Wastewater
Staff Contact Person/Phone #: Wilson 453-8797
AGENDA ITEM WORDING: Approval for County Administrator to execute the grant agreement
between the State of Florida and Monroe County for the FY2013 Mayfield grant for the Cudjoe
Regional Wastewater System.
ITEM BACKGROUND: In February 2008 the State Legislature approved issuance of $200 million in
Everglades Restoration bonds to help fund wastewater projects in the Florida Keys. In 2012 the
Legislature appropriated funds to support the first $50 million bond issuance and earmarked the funds
for the Islamorada (40%) and Cudjoe Regional (60%) wastewater projects. In May 2012, Governor
Scott signed the budget bill appropriating the funds. FDEP is the State's grant manager. The
proposed grant agreement is the formal mechanism to establish how the funds will be disbursed and the
accounting requirements. A draft of the agreement is attached. It will be finalized before the April
BOCC meeting but funds will not be available until the grant is executed by the County.
PREVIOUS RELEVANT BOCC ACTION: In 2012 and 2011 the BOCC adopted resolutions
requesting award of the `Mayfield" grants as required by the Area of Critical State Concern work plan.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Recommend approval and signature by the Mayor.
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: State grant
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year varies
APPROVED BY: County Atty
DOCUMENTATION: Included
OMB/Purchasing Risk Management
X Not Required _
DISPOSITION: AGENDA ITEM #
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LPXXX
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEMS 1592A AND 1686A OF THE 2012-2013 GENERAL
APPROPRIATIONS ACT
3. A. As consideration for the services rendered by the Grantee under the terms of this
Agreement, the Department shall pay the Grantee on a cost reimbursement basis
in an amount not to exceed $30 million toward the total project cost estimate of
$139 million. The actual grant amount will be determined based on the proceeds
resulting from the issuance of bonds authorized pursuant to section 215.619,
Florida Statutes, and specifically provided for in line item 1592A of the 2012-2013
General Appropriations Act.
Revised 7/ 12
DEP Agreement No. LP(*2), Page 1 of 9
In
(3) If construction is included in Attachment A, a certification by the
Engineer responsible for overseeing construction is necessary. The
certification must state that equipment, materials, labor and services
represented by the construction invoices have been satisfactorily
invoiced, purchased, received, approved and applied to the Project in
accordance with construction contract documents; state that payment is
in accordance with construction contract provisions; state that
construction, up to the point of the request, is in compliance with the
contract documents; and identify all additions or deletions to the Project
Revised 7/ 12
DEP Agreement No. LP(*2), Page 2 of 9
C.
which have altered the Project's performance standards, scope, or
purpose since the issue of the Department construction permit; and,
(4) Such other certificates or documents by engineers, attorneys, accountants,
contractors, or suppliers as may reasonably be required by the
Department.
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 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.
Revised 7/ 12
DEP Agreement No. LP(*2), Page 3 of 9
C. All subcontracts are subject to the provisions of paragraph 11 and
any other appropriate provisions of this Agreement which affect
subcontracting activities.
(2) Travel -The Grantee will not be reimbursed for travel expenses under the
terms and conditions of this Agreement.
7. A. The Department may terminate this Agreement at any time in the event of the
failure of the Grantee to fulfill any of its obligations under this Agreement. Prior
to termination, the Department 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.
Revised 7/ 12
DEP Agreement No. LP(*2), Page 4 of 9
B. The Department may terminate this Agreement for convenience by providing the
Grantee with thirty (30) calendar days written notice.
guidance provided under OMB Circular A-133, Subpart B, Section .210 for
determining whether the relationship represents that of a subrecipient or vendor.
For state financial assistance, the Grantee shall utilize the 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.
C. In addition, the Grantee agrees to complete and submit the Certification of
Applicability to Single Audit Act Reporting, Attachment F, attached hereto and
made a part hereof, within four (4) months following the end of the Grantee's
Revised 7/ 12
DEP Agreement No. LP(*2), Page 5 of 9
fiscal year. Attachment F should be submitted to the Department's Grants
Development and Review Manager at 3900 Commonwealth Boulevard, Mail
Station 93, Tallahassee, Florida 32399-3000. The Grants Development and
Review Manager is available to answer any questions at (850) 245-2361.
16. The Department's Grant Manager for this Agreement is identified below.
Tim Banks
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: (850) 245-8360
Fax: (850) 245-8411
Email: timothy.banks@dep.state.fl.us
Revised 7/ 12
DEP Agreement No. LP(*2), Page 6 of 9
Any changes to the contact information shown above must be reduced to writing in the
form of a Change Order to this Agreement.
17. The Grantee's Grant Manager for this Agreement is identified below.
22. A. No person, on the grounds of race, creed, color, national origin, age, sex, or
disability, shall be excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in performance of this
Agreement.
Revised 7/ 12
DEP Agreement No. LP(*2), Page 7 of 9
24. Land acquisition is not authorized under the terms of this Agreement.
25. If a court deems any provision of this Agreement void or unenforceable, that provision
shall be enforced only to the extent that it is not in violation of law or is not otherwise
unenforceable and all other provisions shall remain in full force and effect.
26. This Agreement represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this Agreement shall only
Revised 7/ 12
DEP Agreement No. LP(*2), Page 8 of 9
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,
the day and year last written below.
MONROE COUNTY, FL
By:
Mayor*
Date:
FEID No.:
Revised 7/ 12
DEP Agreement No. LP(*2), Page 9 of 9
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
319
s, DEP Grant Manager
ATTACHMENT A
PROJECT WORK PLAN
This Attachment A will be revised upon the Grantee's completion of design and bidding
documents in order to provide sufficient documentation of work tasks and expected draw
schedules to support grant disbursements. The Grantee shall provide detailed information to the
Department no later than for the purpose of revising Attachment A, and the
revision will be accomplished by written amendment to this Agreement. The Department will
not disburse funds until Attachment A is updated and the Agreement is amended.
I Proiect Title: Cudioe Regional Wastewater Svstem I
Proiect Location: The nrolect is located completely within Monroe County
Project Background: The Cudjoe regional wastewater treatment system will serve
wl
approximately 7,400 developed parcels in the ower Florida Keys. It is the last major
component of the County's Wastewater Master Plan to meet advanced wastewater treatment
standards as required by Ch 99-395 LOF as amended by Ch 2010-205 LOB
(task). "'I%L i% i%
Task 4&LftEP Grant Funding Matching Funds and Source
Matching Funds I Source of Funds
1 Cudjoe AWRF 1W $7,224,521
2 Inner Island $9,58501
Collection/Transmission
2 Outer Island $13,189,878
Collection/Transmission
Under the Interlocal Agreement, the Florida Keys Aqueduct Authority (FKAA) is responsible for
design, construction, operation and maintenance of wastewater facilities. FKAA or contract staff
will be on -site full time to confirm construction progress is accurately reflected in the pay
applications. County inspectors will also be on projects sites observing progress and that the
County Rights of Way are restored to appropriate standards.
Revised 2/ 12
DEP Agreement #####, Attachment A, Page 1 of 2
Proiect Schedule
• January 2015 —Treatment Plant ready to receive flow
r
• April 2015 -Inner Islands collection /transmission complete —connections underway
• December 2015 —Outer Islands collection'and transmission system complete —
connections underway
Note 1 — The Final Assessment Resolution levying the non -ad valorem special assessments was adopted by the
Monroe County Board of County Commissioners on July 18, 2012. An SRF Loan Application was submitted the
week of March 4, 2013 pledging this revenue.
Note 2 — The sales tax extension eferendum passed increasing the amount of available funding.
Revised 2/ 12
DEP Agreement #####, Attachment A, Page 2 of 2
State of Florida Grant Assistance 1592A and 1686A of the 2012-2013 General Appropriation Act
Monroe County Construction and Expenditure Reimbursement Forecast for $30,000,000
Task 2 - Inner Island
Task 3 - Outer Island
Task 1 - AWRF
Collection/Transmission
Collection/Transmission
Tasks 1-3 Total
Contract Amount
$ 2118721000
$ 3414191564
$ 7716561800
$ 13319481364
Percent Total
16%
26%
58%
Anticipated
Reimbursement
Request by Month -
Year
Task 1
- AWRF
Task 2 - Inner Island
Collection/Transmission
Task 3 - Outer Island
Collection/Transmission
Task 1-3 Total
Feb-13
$
6561160
$
1/500/000
$
2/230/000
$
4/386/160
Mar-13
$
6561160
$
111001000
$
7611074
$
2/517/234
Apr-13
$
6561160
$
111001000
$
1/193/260
$
2/949/420
May-13
$
6561160
$
111001000
$
8121722
$
2/568/882
Jun-13
$
1/093/600
$
1,110,187
$
8121722
$
3/016/509
Jul-13
$
1/093/600
$
1,110,187
$
1/193/260
$
3/397/047
Aug-13
$
1/093/600
$
1,110,187
$
2/334/871
$
4/538/658
Sep-13
$
1/093/600
$
1,110,187
$
3/095/946
$
5/299/733
Subtotal
$
6/999/040
$
9/240/748
$
12/433/855
$
28/673/643
Oct-13
$
2121217
$
3441853
$
7691287
$
1/326/357
Total
$
7,211,257
$
9,585,601
$
13,203,142
$
30,000,000
* Note: February through September 2013 anticipated reimbursement requests = $28,673,643. Based on a $30,000,000
Grant Appropriation, $1,326,357 would remain. The October 2013 amounts by contract are allocated based on
percentage of total construction (example: Task 1 - AWRF $1,326,357 * 0.16 = $212,217.
U:\engineering\Engineering\Wastewater 2012\Funding\FDEP Grants\Attachment A_2012 2013 budget by task
ATTACHMENT B
Disbursement Request Package
1. Grantee/ Recipient (*1
Disbursement Details ftbk,." _
(cumulative amounts rounded to the nearest dollar)
NOTE: Can only claim expenses in approved budget. Amount this Total
Request Cumulative
1.
Salaries
N/A
N/A
2.
Fringe Benefits
N/A
N/A
3.
Travel
N/A
N/A
4.
Contractual Services
5.
Equipment
N/A
N/A
6.
Supplies/ Other Expenses
N/A
N/A
7.
Land
N/A
N/A
8.
Indirect Charges
N/A
N/A
9.
To`3%00�'
10.
Disbursements previous y requeste
11.
Amount Requested for Disbursement (line 9 minus 10)
SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION FOR
EACH DELIVERABLE TO: **
Florida Department of Environmental Protection
Bureau of Water Facilities Funding MS 3505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LP(*2), Attachment B, Page 1 of 3
Grant Manager's Certification
of Disbursement Request
4.
61
signature of Grant Manager)
DEP Agreement No. LP(*2), Attachment B, Page 2 of 3
4.
5.
6.
Engineer's Certification
of Disbursement Request
ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROTECT
Construction up to the point of this disbursement is in compliance with the approved plans and permits;
All changes, additions, or deletions to the construction contract(s) have been documented by change order
and all change orders have been submitted to the Department; and 10
All additions or deletions
purpose (since issue of th
this Agreement.
to the Project which have altered the Project's performance standards, scope, or
pertinent Department permit) have been identified in writing by amendment to
IM
Signature of Professional Engineer
(Date)
Firm or Affiliation
(P.E. Number)
DEP Agreement No. LP(*2), Attachment B, Page 3 of 3
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:
(5)
In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.)
reimbursed on a usa e log which shows the units times the rate being charged.
must be reasonabl .
(6) Indirect costs:
may be
The rates
If the contract specifies that indirect costs will be paid based on a specified rate, then the
uld 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 55-219 (05/2008)
DEP Agreement No. , Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.: LP(*2
Grantee Name: (*1)
Grantee Address:
Grantee's Grant Manager: Telephone No.:
� Reporting Period: Adw�
Proiect Number and Title: AMML
Provide an update on the estimated time for completion o
explanation for any anticipated delays.
e project and an
Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or�igh unit costs.
Nf
DEP Agreement No. LP(*2), Attachment D, Page 1 of 2
(continued from page 1)
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., report data sets, links to on-line photographs, etc.)
Provide a project budget update, comparing the project budget to actual costs to date.
Expenditures
Prior to this Expenditures
Budget Total Project Reporting this Reporting Project Funding
Category Budget Period Period Balance
This report is submitted in accordance with the reporting requirements of DEP Agreement
No. LP(*2) and accurately reflects the activities and costs associated with the subject project.
DEP Agreement No. LP(*2), Attachment D, Page 2 of 2
Signature of Grantee's Grant Manager
DEP Agreement No. LP(*2), Attachment D, Page 2 of 2
Date
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'; YDEP" 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
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/efda/efda.html.
DEP 55-215 (03/09)
DEP Agreement No. , Attachment E. Page I of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (03/09)
DEP Agreement No. , Attachment E. Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-13 3, as revised, should be
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09)
DEP Agreement No. , Attachment E. Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other 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, 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, 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
DEP 55-215 (03/09)
DEP Agreement No. , Attachment E. Page 4 of 5
O
O ct
O
r�
w
ATTACHMENT F
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee Fiscal Year Period: FROM: TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
ss
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
S
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct.
Signature
Print Name and Position Title
DEP Agreement No. 44444, Attachment F, Page 1 of 3
Date
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTH/YEAR).
DEP Agreement No. 44444, Attachment F, Page 2 of 3
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
1. Question: Do I complete and return this form when I return my signed
Agreement/Amendment?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
2n notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie. skelton(a�dep.state. fl.us
DEP Agreement No. 44444, Attachment F, Page 3 of 3
Revised 7/09