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Item N4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 20, 2013 Division: county Administrator Bulk Item: Yes — No — Department: County Administrator Staff Contact /Phone #: Rhonda Haag AGENDA ITEM WORDING: Approval of Grant Agreement from FL Department of Environmental Protection (FDEP) for funding of work to perform bathymetric surveys and collection and analysis of I soil samples to help determine the costs of implementing the canal restoration strategies being developed Linder the county -wide Canal Improvements Management Master Plan. The project will be Z� funded by funds provided by the Florida Department of Environmental Protection. ITEM BACKGROUND: FDEP has Water Quality Protection Program grant funds available to reduce nonpoint sources of pollution to improve water quality. The Florida Keys Water Quality Protection Program Canal Subcommittee selected this bathymetric surveys project for funding. The information gathered will help detenrime, the costs of implementing the canal restoration strategies developed under the Canal Management Masterplan. and will aid in preparing applications for various state and federal ,,,rants. Ft ids must be Used prior to June 30, 2013. There is no match in funds or labor due from the COUntV. I PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOT xl. COST: J100,000 INDIRECT COST: — BUDGETED: Yes —No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH— Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required AGENDAITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Ft Deptof Env Protection Contract #S0640 Effective Date: February 20, 2013 Expiration Date: June 30, 2013 Contract Purpose/Description: This re metric survevs of 502 Kevs Canals and 10 sediment analyses. The work will assist in determininor the cost of c; restoration and develo an effective frtndin strafe includin identification of otential grants. to fund the impternentation of the pr2kects. There is no match due from the County. Contract Manager: -Rhonda Ifaag4482 CAD M.S. #1 (Name) (Ext.) (Departrnent/Sto_p _#) for BOCC meeting on 02/20/13 Agenda Deadline: 2/5/13 Total Dollar Value of Contract: S 100,000.00 Current Year Portion: $ . ... ... ..... Budg ted? Yeso No E] Account Codes: Grant- S- $100,000.00 County Match: $ $0.00 . . ............. ADDITIONAL COSTS Estimated Ongoing Costs: S /yr For: ItNot inClUdCol in dollar value above) (Cc, maintenance, utilities. janitorial, salaries. etc. Chan -es tl Date Out Date In Needed Reviewer Division Director YesF NoE] Risk Manasientent Yes[:] NoEy A O.N4,13./Purchasin, Yes[:] NoEl County Attorney Yes E] No _111VI" Uk tj I I I Mc -" INCU L:1z fit) [ I'Vik"r ff.Z AGREEMENT NO. S0640 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO LINE ITEM, 1608 OF THE 2012-2013 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENIVIROWENITAI, PROTECTION, whose address is 3900 Commonwealth BoulevardTallahassee, Florida '42399-3000 (hereinafter referred to as the "Department") and the MO CAE COUNTY B , CARD OF COUNTY COTMMISSIONERS, whose address is 1100 Simonton Street, Suite 2-283, Key West, Florida 33040 (hereinafter referred to as "Grantee" or "Recipient"), local government, to provide financial assistance for the Bathyrnetric Surveys and Organics Characterization to the Monroe County Canals. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the ternis; and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference, For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient!' and "Contractorare used interchangeably, 2I This Agreement shall begin upon execution by both parties and remain 'in effect for a period of four (4) . months, inclusive, The Grantee shall be eligible for reimbursement for work performed an or after the date of execution and until the expiration of this Agreement, This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $100,000, The parties hereto understand and agree that this Agreement does not require a cost sharing or match on the part of the Grantee. & The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon the completion, submittal and approval of deliverables, identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. A final payment request must be submitted to the Department no later than June 25, 2013, to assure the availability of hands for payment. In addition to the summary form, the Grantee must provide from its accounting system, a listing of expenditures per deliverable, charged against this Agreement. The listing shall include, at a mimmuni, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. Travel expenses will not be reimbursed under the terms and conditions of this Agreement- C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Dcpartment 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), All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at DEP Agreement No. S0640, Page I of 7 DContractual (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/time spent on the project, All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit, If the Department determines that multipliers charged by any subcontractor exceeded & rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. 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 MI, FI 2. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those idented 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 nay proceed in finalizing the fixedirrice subcontract. 3, All subcontracts are subject to the provisions of paragraph I I and any other appropriate provisions of this Agreement which affect subcontracting activities, E. I The accounting systems for all Grantees most ensure that these funds are not commingled with fluids from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from corrintingling funds on either a program -by - program or a project-by-ptuject 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. 2. If the Department finds that these ftmds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the furds 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) axe received from the Deparunent by the Grantee to the date repayment is made by the Grantee to the Department. 1 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, 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. 5, The Grantee shall utilize Attachment C, Progress Report Form, to describe the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period, It is hereby understood and agreed by the parties that the to "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review the required reports and deliverables submitted by the Grantee. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. T Aa 'lie 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. B The Department may terminate this Agreement for convenience by providing the Grantee with flurry (30) calendar days written notice. 8. This Agreement may be unilaterally canceled by the'Department 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 I 19-07(l)(a), Florida Statutes. 9The 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 (5) years following Agreement completion. In the --Vent any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes, 10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment D, Special Audit Requirements, attached hereto and made a part hercoll Exhibit I to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit I must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee Us 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 imbrination. B, The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit I when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section — .210 for determining whether the relationship represents that of a subTeCipient or vendor. For state financial assistance, the Grantee shalt 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: li%iq-:/�/as fldt�;qm/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, CIn addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment E, attached hereto and made a part hereof, within four (4.) months following the end of the Grantee's fiscal year. Attachment 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 "Wirager is available to answer any questions at (850) 245-236 1. IL A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager, The Grantee shall subraft a copy of the executed subcontract to the Department within ten (10) days after execution. 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. 13. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the. State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 12. fn accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using Imids provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. i1 The Grantee shall comply with all applicable federal, state and local rules and regulations mi providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not linuted 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. 14. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below, DEP Agreement No, S0640, Page 4 of 7 16, The Grantee's Grant Manager for this Agreement is identified below, 17. To the extent required by law, the Grantee will he self -insured against, or will secure and maintain during the life h of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Contensation Insurance for all of the latters employees unless such tariployces are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall conTly fully with the Florida Workers' Corapensation, law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shaft provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 8. The Grantee warrants and represents that it is self -funded for liability insurance, appropriate and allowable tinder Florida law, and that such self-insurance offers protection applicable to the Grantees officers, employees, servants and agents while acting within the scope of their employment with the Grimtee. 19, 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, X Reimbursement for equipment purchases costing $1,000 or more is not authorized under the to and conditions of this Project Agreement. 2 The Department may at any time, by written order designated to be a change order, make a try change in the Grant Manager information or task tintelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Gramee's cost or time, shall require formal amendment to this Agreement. 2. If the Grantee's project involves environmentally related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control conditions or malfurictions, All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative, Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment F. Quality Assurance Requirements. (Note: Contact the CEP Giant Manager to got the QA requirements for their program if there is not a current QA attachment on the common drive under Grant Forms, QA Attachments] 24. X 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 AgrcernenL B, An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract DEP Agreement No, S0640, Page 5 of 7 a, I U0020 I not transact business with any public entity, The Florida Department of Management Services is 25. Land acquisition is not authorized under the to of this Agreement. 26. 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 insurch 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. 27. 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. DEP Agreement No. S0640, Page 6 of 7 IN W11NESS WHEREOF, the parties have caused this Agreement to be duty executed, the day and yeffl last written below, 0 GRANTEE NAME Date: -,— ,'eiti NROE O'OUN'l k A,'TORNEY APPROVEL)AS -EENE.- W. CASSEL 'iSVS-T NTCOUNTYo�TT(_)p A N Ey Y -T FEID No.:59-6000749 By: Secretary or designee Date: Randy Landers, DEP Grant Manager DET Contracts Administrator DEP Attorney *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 behak"of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ 'Type Number Description (include number of pages) Attachinent, A Grant Work Plan l2 Pa es Attachment B Payment Request S Form (2 Paecsi Attachment C ProgLess Report Form (I Page) Attachment D SRecial Audit Reggirements ff.Pagesj Attachment E Certification of AMlicabili!y to DEP Agreement No. S0640, Page 7 of 7 ATTACHMENT A GRAINT WORK PLAN Project Lovation: Monroe County Florida Kevs Watershed /MJC-- 03090201 mgm mnf�l Kai a 1 -Ira VwKiawaz restoration costs. I R."N"Will Mol Project Description: Task 1: RATRY-MET-RIC SIVRVFYS OF ftswNnAL CANALs Tle Grantee will erform bath etric surve to determine the av off I a a 0 6, as DEP Agreement S0640, Attachment A, Page I of 12 material thickness within the canals The bathymetric data collection will be divided into 3 tasks'as follows: Task 1-1: Completion of Bathymetric Survey for 151 of the Canals Bathymetric surveys as detailed above will completed for 151 of the 502 canals in the Monroe County Residential Canal Inventory and Assessment CIS data base (refer to Table 1). Deliverables: A CD with a subset of the CIS canal layer and a Goode Earth Pro layer for the 151 canals which were surveyed with updated attributes of depth and organic thickness, and an excel file of the updated attributes of depth and organic thickness. All surveying and mapping services associated with this assignment will conform with the requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5.1- 17, Tylininaam. Technical Standards, pursuant to Chapter 472, Florida Statutes. Budget: S25,324.62 for subcontractor Performance Measure: The Deparumm's Grant Manager will review the deliverables and will consult with the appropriate staff of the Department's Bureau of Survey and Mapping to verify the deliverables conform with the criteria found in 51-17, F.A.C., pursuant to Chapter 472, F.S. . Financial Consequences; Failure to meet the above performance cas result in denial of the quest for reimbursement. al ore will n re Completion Date: April 30, 2013 NOTE. Payment will be upon completion of the task and review and approval of the deliverables. Task 1.2: Completion of Bathymetric Survey for An Additional 30% of the Canals Bathymetric surveys as detailed above will completed for an additional 150 canals of the total of 502 canals in the Monroe County Residential Canal Inventory and Assessment CIS data base (refer to Table 1). Deliverables: A CD with a subset of the GIS canal layer and a Google Earth Pro layer for the additional 30% of canals which were surveyed with updated attributes of depth and organic thickness, and an excel file of the updated attributes of depth and organic thickness. Ali surveying and mapping services associated with this assignment will conform with the requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J-17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes, Budget: $25X4.62 for subcontractor Performance Measure: The Department's Ca Manager will review the deliverables and will consult with the appropriate staff of the Department's Bureau of Survey and mapping to verify the deliverables conform with the criteria found in 5J-17, F.A.C., pursuant to Chapter 472, F.S. . Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: May 31, 2013 NOTE: payment will be upon completion of the task and review and approval of the deliverables. Task 13 '. Completion of Bathymetric Survey for Remaining 201 of the Canals and Final Report Bathyrnetric surveys as detailed above will completed for the remaining 201 canals of the total of 502 canals in the Monroe County Residential Canal Inventory and Assessment CIS data base (refer to Table 1), DLP Agreement S0640, Attachment A, Page 2 of 12 Deliverables: The final deliverable products will include a technical memorandum which summarizes the work completed under `Task 1. The technical memorandum will include the following attachments: a certified Surveyor's 'Report of the survey operation and results, a CD with a complete GIS canal layer and a Google Earth Pro layer for all the 502 surveyed canals with updated attributes of depth and organic thickness, an excel file of the updated attributes of depth and organic thickness, and canal profiles in digital format All surveying and mapping services associated with this assignment will conform with the requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J-17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes. Budget: 533,766.16 for subcontractor Performance Measure., The Departnient's GrantManagcr will review the deliverables and will consult with the appropriate staff of the Department's Bureau of Survey and Mapping to verify the deliverables conform with the criteria found in 5J-17, F.A.C., pursuant to Chapter 472, F.S. . Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Coinpletion Date: June 7, 2013 NOTE: Payment will be upon completion of the task and review and approval of the deliverables. Task 2: SMIMENT CHARACTERIZATION AND REPORTING Ten (tO) sediment samples will be collected and will be submitted for physical and chemical characterization to assist in refining the design for removal and disposal of the material from the canal bottoms. The samples will be collected from 10 different canals based upon a preliminary evaluation from the GIS database, aerial photo review and public communications of the canals where seaweed loading is a serious problem. The sample locations will be based upon confirmed presence of a significant organic layer in that portion of the canal. The physical testing will be performed by an A-MEC Geotechnical Lab and will consist of the following: Moisture/Solids Content by AST M D-2216 200 Mesh Sieve Distribution by AS TM D- 1140 Organic Content by ASTM D-2974 Specific Gravity by AS TM D-2974 Grain size distribution by ASTM D-422 (4 samples only) Settlitig rate (2 samples only) The chemical characterization to determine disposal options will be performed by Test America Analytical Laboratories, a State National Environmental Laboratory Accreditation Conference (NELAQ certified laboratory. The proposed test methods include: Organochlorme Pesticides and PCBs by 808118082 Chlorinated Herbicides by 8151 8 RCRA Metals by 601017471 Copper by 6010 Polynuclear Aromatic Hydrocarbons (PAHs) by 8270 low level Total Recoverable Petroleum Hydrocarbons (TRPE) by FL -PRO TCLP metals (2 tests only based upon total metal's concentrations) Deliverable: A technical memorandum containing the above referenced test results and summary of sediment disposal options that will meet all applicable Department regulations, including the requirements of Chapter 62-160 of the Florida Administrative Code. 1 Budget. $15,584.60 for subcontractor XT Agreement 90640, Attachment A, Page 3 of 12 Performance Measure;reviewd will consult with the Department's Standards and Assessment Section and the Division of Waste rVanagement staff to determine if they are acceptable using the following criteria: 1. The sampling and test procedures must be conducted in accordance with the requirements of Chapter 62- 160 of the Florida Administrative Code. 2, The sediment disposal options provided in the technical memorandum must be consistent with all applicable Departments' regulations, Finanvial Consequenees: failure to meet the above performance measure will result in rejection of the request for reimbursement NOTE- payment will be upon eornpletion of the task and review and approval of the deliverables. DEP Agreement S0640, Attachment A, Page 4 of 12 TABLE 1. RESIDENTIAL CANAL INVENTORY REFERENCE The Invenkxy Is a listing Of the residential cmals Indentifled in Ike 2003 GIS Database, prepared by AMEC F-nvirwmnt I*asbvftto, lrz� 8$ SMMWO$d im 2012. �MQJMTUIIA ftllQ.al=- Aflzrl,255� TABLE 1: RESIDENTIAL CANAL INVENTORY REFERENCE The Inventory Is a flall;V of the reelclentlat Canals Indentifled In the 2003 GIs Databm prepared by AMEG Environment Infirsainiftro, Im, aa SnMnded In 2012. mmmczm� REFERENCE The ;nventtxy.19 a JWhQ of the foaldentist anate kxwntftd In the 2003 GIS DwabarA pre pamd by AMEC Env!rO=Oa 1*88tnXtum, klsot, a$ Ownended in 2012. REFERENCE The inventory Is a tisting,of-the resIdandal canals IndenCed In the M3 GIS Database prepared by AIMEC Environment hftstructure, Inc., as arnmended In 2012 i. CE: # a� O N -No WIiF ------------- 0 If," 00 W, i , W-,, 11 WN ON -0; � 01111111-, R, lI xPOW"M + - e dP. ..i.: o- °e: r t • ♦. # i s ;, DEP Agreement No.: Date Of Request: W ATTACHMENT B 0 rr Grantee's Grant Manager - Payment Request No.: Performance Period: Task/Deliverable No.: tive Date of Grant throquh End -of -Grant Periodi AMOUNT CUE TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE TIRS REQUEST CUMULATM FUNDS CUMULATIVE PAYMENT MATCHING REQUESTS FUNDS Salaries SN/A $N[A SNIA $NtA Fringe Benefits $N/A $N/A SNIA SNIA Travel (if authorized) $N/A $N/A SNIA SN/A Subcontracting: $N/A $N/A Contractual Services $ SN/A $1N/A Design $N/A $N/A SNIA $N/A Construction $N/A SNIA SN/A Equipment Purchases -$NA $N/A SNIA Supplies Other Expenses SNIA SNIA SNIA $N/A Land $N/A $11(/A SNIA SNIA Indirect $N[A SNIA SNIA SNIA TOTAL AMOUNT $ $ $ $S U-A $1-VA TOTAL TASK/DELIVERABLE $N/A BUDGET A -MOUNT Less Total Cumulative Payment $NIA R!l,e A nests of, TOTAL REMAINING IN —TA SK S $N/A GRANTEE CERTIFICATION The undersigned certifies that the amount being mpested for reimbursement above was for items that were charged to and utilized only for the above cited irrant acrivitie.q- urantee's Grant Manager's Sign—ature — ---Gr��ices Fiscal Age3l Print Name -- Print Nam DEP 55-223 (03/12) DEP Agreement No. S0640, Attachment B, page t of 2 Lv" INS a R&IIIN *.-I W-111H) ift') M GRANTEE- Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent, DEP AGREEMENT NO.- This is the number on your grant agreement, DATE OF REQUEST: This is the date you are submitting the request, TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK0ELI VEk4B[,E BUDGETAMOUNT" line for the *AMOUNT OF THIS REQUEST' column, GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement, PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the perfort-nance period for the task/deliverable that the request is for (this must be within the tirneline shown for the taskIdeliverable in the Agreement), TASK/DELIVERABLE NO.: This is the number of the taskideliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). GRAN.T EXPENDITURES SUMMARY SECTION: -,VNIOUNT OF.THIS REQUEST" COLt JMTN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement, Do not claim expenses in a budget category that does not have an approved budget. Do not claim it that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOT -IL AMOUNT" line, Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumnlative amount of this request and all previous payments on the "I.FSS TOTAL CUMULA77VE PAYMENT REQUESTS OT— line. Deduct the "LESS TOTAL CUMULAT]YE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGETAIVOUNT' for the arnouritto enter orithe "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN, Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHIN(' FUNDS" COLUMN: Enter the amount to be claimed as t for the performance period for the task .. . i match p rin you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan, Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claitned on the "LESS TOTAL CUMULATIYE PA YAIEIVTS OF' line for this column. Deduct the "LESS TOTAL CUMULA TIVE PAYMENTS OF" from the `TOTAL TASK BUDGET AMOUNT" for the amount to enter on the "TOTAL RENIAINLNG IN T4SK"Ime. "TOTAL CLAITULATIVE MATCHING LV_NRS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified In the grant agreement and the Grantee's Fiscal Agent. IN 0 T F S, If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as these expenditures for reimbursement. DEP 55-223 (03/12) DEP Agreement No, S0640, Attachment B, Page 2 of 2 ATTACHMENT C PROGRESS REPORT FORIM DEP Agreement No.: S0640 Grantee"Name: Grantee Address-, Grantee's Grant Manager: Telenhone Igo.. Reporting Period: Number and Title: Provide the following information for 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 by task. 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: This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0640 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Aereement No. S0640, Attachment C, Page 1 of 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Departirumt of Environmental Protection (which may be referred to e as th e "Department", "DEP", 7DEP" or "Grantor", or other name in the contractlagreement) to the recipient (which may v be referred to as the "Contractor", Grantee" or other name in the contractlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment, TMONITORING In addition to reviews of audits conducted in accordance with ONM Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/proccsses 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 Chief Financial Officer or Auditor General. AUDITS PARTI: 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, I In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a sm*le or program -specific audit conducted in accordance with the provisions of OMB Circular A-1 3 3, as revised. EXHIBIT t to this Attachinent indicates Federal funds awarded through the Department of Environmental Protection by this Agreement In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received frorn the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-! 33, as revised, will meet the requirements of this part. connection with the audit requirements addressed in Part 1, paragraph 1, the recipient %bull fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, 1 If the 'recipient expends less than $50G,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OM13 Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities), 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at 4Ltp:/112.46.245,173/efda/efda,htnd. I)EP -1-s-21 1 (P3/09) DEP Aarcertext Nia"11111 iiiii I' .I, u. STATE FUNDED I'lus part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(ni), Florida Statutes. I In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient the recipient must have a State single or project -specific audit for such 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. FXMBIT I to this Attachment indicates 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 Shan 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 11, 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 M550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 1 if the recipient expends less than S500,000 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 $500,000 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 most 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 Audit Act welasite located at htft)S://aTpsfldf s.eorn/fsaa for assistance. Tit 2s addition to the above websites, the following websites may be accessed for information: Legislature's Website at hit " AV rr' w%v.legstate.fl.us,,Welcome/in(lex-cfm, State of Florida's website at hpp!f' in flori Department of Financial Services' Websitc at litp./ij y ww�.fldfs�.cqj* and the Auditor General's Website at hU:Ywww.state.flus/audZ (NOM This part would be used to specify any additional audit requirements imposed by the Suite awarding entity Mot 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 arrangefor audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must art angefor funding the fall cost of such additional audits.) PART IV: REPORT SUBMISSION I Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PAWF 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 dirgctly to each of the following-, DEP 55-21 5 (03109) DEP Agreement No. S0640, Attachment D, Page 2 of 5 Iii'llaiIIIII 11 jil;r1r, 1 ;i p Audit Director Office of the Inspector General, NIS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in Ol Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address-, Federal Audit Clearinghouse Bureau of the Census 1201 East I Oth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http, ;',`(i ester.certsmgo2lfact Pursuant to Section .320(o, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OM13 Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: Audit Director �t-d Preall Office of the Inspector General, NIS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 R, The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 11 I West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEI; FFILANK DEP 55-215 (03109) DEP Agreement No. 50640, Attachment D, 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 dirqc[I to the Department of Environmental Protection at tile fallowing 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-1 33, 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,car 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. WMNMQ!'! ! The recipients retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years ftom the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request, The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER, OF PAGE INTENTIONALLY LE ff� BLANK DEP 55-2; 5 (03109) DEP Agreement No. $0640, Attachment D, Page 4 of 5 0 tc 41 11. cl "tz r4 ON fn 6q V 'rl lid 10, tn d S. ;3 th 0 t> r2 O In 44 cr 0= 'M CZ ta 7j5, 23 g tp iu 44 40 W, Q P4 Z i L4 CA ATTACILMENT E m mr, my -a CERTIFICATION STATEMENT: I hereby certify that the above infonnation, is coI mm Print Naine and Position Title M I III I 1 111, 1 M39�� Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year NOTE- THISSHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTHIYEAR) TO (M!ONTH/YEAR). Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD 13E THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE A6CSCIES, NOT JUST DEP. Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: 0 Please print the name and include the title and date of the signature. DEP Agreement No. S0640, Attachment E, Page 2 of 3 L Question: Do 1 complete and return this form when I return my signed Agreement/Amendment'? Answer: No, this form is to be completed and signed by your Chief Financial Officer and returned 4 months after the end of your fiscal year. .3. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: —You should be able to complete the form from the information in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal grants that you receive, You, should list those that are specific to DEP on the form. '1111 IntIr:rIIII I 111 117111 111 11111 '1111,111111111 •� 111�111pgi Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the forin, that is fine. 6. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? 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 2"' notice. 7. Question: Can I submit my Certification Form or CAFR electronically? Answer: Yes, you can submit them by Email to Debbie. skeltonradet) state. fl . us DEP Agreement No. S0640, Attachment B, Page 3 of 3 k3ml I lud�ffmff W-1 ml DEP Grant Manaeer: Randv Landers The attached Agreement/Agreement amendment is being routed for review and execution by the Department. Adequate separation of duty is required in the procurement of goods and services by the Department. Please be advised that the subject Agreement/Agreement amendment must be executed by a reviewing authority for the DEP Grant Manager who is authorized to execute contracts on behalf of the Department. If the DEP Grant Manager happens to have the delegated authority to execute contracts on behalf of the Department, the DEP Grant Manager must not execute the attached Agreement/Agreement amendment. Separation of duties, which is also referred to as segregation of duties, "involves ensuring that individuals do not perform' incompatible duties. Duties are considered incompatible from a control standpoint when it is possible for an individual to commit an error or irregularity and then be in a position to conceal it in the normal course of his or her duties."' 'Boynton, William C. and Kell, Walter G., Modern Auditing, 6h ed., New York: John Wiley & Sons, Inc., LMOS =0 ga 03 =- M 1pg�