Item S02BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: S.2
Agenda Item Summary #2017
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
NA
AGENDA ITEM WORDING: Approval of Grant Agreement S-0939 from the Florida Department
of Environmental Protection (FDEP) for $50,000 of funding towards the cost of installation of an air
curtain on Canal 4290 on Big Pine Key, one of the original canal demonstration projects that
previously received an organic muck removal restoration.
ITEM BACKGROUND: The Water Quality Protection Program Canal Restoration Advisory
Subcommittee recommended award of this grant to Monroe County at its regular meeting held July
16, 2016. DEP subsequently notified the County of the formal award and the grant agreement was
received on November 4, 2016.
The work under this DEP Grant Agreement S-0939 includes funding of $50,000.00 towards the
estimated $100,000 cost for the installation of an air curtain at canal 4290 on Big Pine Key. The
operations and maintenance costs are additionally estimated at $12,500 each for years 1-2, which the
County BOCC has not yet been requested to fund.
Monroe County has contracted with AMEC to provide the design, permitting and administrative
support of the project, but not yet for the construction support services to ensure the air curtain is
installed per design plans and permit requirements.
PREVIOUS RELEVANT BOCC ACTION:
4-15-15: Discussion and approval to enter into a contract with the lowest responsive and
responsive proposer JND Thomas Company, Inc. for removing organic muck material from
Canal #266 located between Baileys Lane and Witters Lane in Doctor's Arm Big Pine Key,
and Canal #290 located between Avenues I and Avenue J in Big Pine Key, utilizing vacuum
dredging, in an amount not to exceed $2,031,762.
• 08-17-16: Approval of AMEC Amendment No. 11 to design, permit and provide
procurement assistance for the 290 Air Curtain.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
DEP Grant 50939 to Fund the 290 Air Curtain
Canal 290 - Air Curtain Map
FINANCIAL IMPACT:
Effective Date: Upon full execution by both parties.
Expiration Date: August 31, 2017
Total Dollar Value of Grant: $50,000
Total Cost to County: See County Match section below
Current Year Portion:
Budgeted: Not Applicable
Source of Funds: DEP
CPI: No
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount:$50,000
Grant: Yes
County Match: Yes — County shall fund the remaining cost of the air curtain, estimated at
Insurance Required: Yes, see page 8-9 of Grant Agreement
Additional Details:
REVIEWED BY:
Rhonda Haag
Completed
11/04/2016 4:25 PM
Pedro Mercado
Completed
11/04/2016 4:47 PM
Budget and Finance
Completed
11/07/2016 9:02 AM
Maria Slavik
Completed
11/07/2016 9:18 AM
Kathy Peters
Completed
11/07/2016 11:41 AM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
DEP AGREEMENT NO. S0939
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTH DISTRICT OFFICE
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1544 OF THE FY16-17 GENERAL APPROPRIATIONS ACT
.THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F,S,), between the STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL. PROTECTION, whose address is 3900 Commonwealth
Boulevard, "Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 102050 Overseas I-lighway, Suite 2-246,
Key Large, Florida 33037 (hereinafter referred to as "Grantee"), a local county government, to provide financial
assistance for the Big Pine Key Canal 4290 Air Curtain Installation (herein after referred to as "pr(�Iect" ). Collectively,
the Department and the Grantee shall be referred to as "Parties" or individually as a "Party"
In consideration of the mutual benefits to be derived here from, the Department and the Grantee do hereby
agree as fcllows:
1. TERMS OF .AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Worry. Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and
"Recipient" are used interchangeably.
2.. PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall remain in effect until August 31, 2017,
inclusive. I-lowrever, all work under this Agreement must be completed no later than June 30, 2017, which
shall also be the Project completion date. The Grantee shall be eligible for reimbursement for work performed
on or after the date of execution through the Project completion date. This Agreement may be amended to
provide for additional services if additional funding is made available by the legislature.
3. FUNDING/CONSIDERATION/INVOICING:
A, As consideration for the satisfactory completion of services rendered by the Grantee under the terms
of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a
maximum of $50,000.00. It is understood that any additional funds necessary for the completion of
this project are the responsibility of the Grantee. The parties hereto understand and agree that this
Agreement does not require a match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
A{vreement.
A Chan<;,e Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
between approved budget categories, as defined in Attachment A, are less than ten
percent (10%) of the total budget as last approved by the Department. All Change
Orders are subject to the mutual agreement of both parties as evidenced in writing.
A formal Amendment to this Agreement is required for changes which cause any of
the following: an increase or decrease in the Agreement funding amount; a change in
the Grantee's match requirements; a change in the expiration date of the Agreement,
DEP Agreement No. S0939, Page I of 13
and "or changes to the cumulative amount of funding transfers between approved
budget categories, as defined in Attachment A, exceeds or is expected to exceed ten
percent (l 011 o) of the total budget as last approved by the Department. All Amendments
are subject to the mutual agreement of both parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each deliverable identifiedinAttachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B,
Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance
with laws, rules and regulations applicable to expenditures of State funds, including, but not limited
to, the Reference Guide for State Expenditures, which can be accessed at the following web address:
liftp:l'vvLvvv.mvfloridacfo.con-'aadir"reference guide/. All invoices for amounts due tinder this
Agreement shall be submitted in detail Sufficient for a proper pre -audit and post -audit thereof. A
final payment request should be submitted to the Department no later than sixty (60) calendar days
followini the completion date ofthe Agreement, to assure the availability offends for payment. All
work performed pursuant to Attachment A must be performed on or before the completion date of
the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices
and backup documentation to support the final payment request.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment C, Contract Payment Requirements, The Payment Request Summary Form shall
be accompanied by supporting documentation and other requirements as follows for each
deliverable. Reimbursement shall be limited to the following budget categories:
i. Contractual Services (Subcontractors) — Reimbursement requests for payments to
subcontractors mustt be substantiated by copies of invoices with backup documentation
identical to that required from the Grantee. Subcontracts which involve payments for
direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours
spent on the [Project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or
general and administrative rates) shall be supported by audit. Ifthe Department determines
that multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. Nonconsumable
and/or nonexpendable personal property or equipment costing, S1,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273
and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter
691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate
property records for any subcontracts that include the purchase of equipment as part of the
delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement, if any, impose this requirement, in wvriting, on
its subcontractors.
For fixed -price (vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed -price subcontracts to
con sultants,'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 competitive procurement process (i.e., Invitation to Bid
or Request for Proposals) resulting in the fixed -price subcontract.
b. The Grantee may request approval from the Department to award a fixed -price
subcontract resulting from procurement methods other than those identified ill
the paragraph above. In this instance, the Grantee shall request the advance
DEP Aareement No. S0939, Page 2 of 13
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.
All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions ofthis Agreement ahich affect subcontracting activities.
F. In addition to the invoicing requirements contained in paragraphs 3.G. and D. above, the Department
will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. This information, when requested, must be provided within
thirty (30) calendar days of such request. The Grantee may also be required to submit a cost
allocation plan to the Department in support of its multipliers (overhead, indirect, general
administrative costs, and fringe benefits). State guidelines for allowable costs can: be found in the
Department of Financial Services' Deference Guide for State Expenditures at
http: ,`�kww.rn;f7orrclgcL[� corn'aadsr `reference. wide/.
F. i. The accounting systems for all Grantees must ensure that these funds are not com.minaled
with funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program -by -program or a
project -by -project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or subrecipient's, accounting
system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a
system to provide adequate fund accountability for each project it has been awarded.
ii. If the Department finds that these finds have been commingled, the Department shall have
the right to demand a refund, either- in whole or in part, of the funds provided to the Grantee
under this Agreement for non-cornpliance 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 dates) the original
payment(s) are received from the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed
by the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund shall
be calculated based on the prevailing rate used by the State Board of Administration,
Interest shall be calculated from the date(s) the paynrent(s) are recovered by the Grantee to
the date repayment is made to the Department by the Grantee,
4. ANNUAL APPROPRIATION:
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations. Authorization for continuation and completion of work and payment associated
therewith may be rescinded with proper notice at the discretion of the Department if Legislative
appropriations are reduced or eliminated.
5. REPORTS:
The Grantee shall utilize Attachment D, Progress Report Forirr, to describe the work performed during the
reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the
DEP Agreement No. S0939, Fiat-e 3 of 13
next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than
twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly„ shall reflect the calendar quarters ending March 3 I, June
30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days
to review the required reports and deliverables submitted by the: Grantee,
6. RETAINAGE:
Retainage is not required Linder this Agreement.
INDEMNIFICATION:
Each party hereto agrees that it shall be solely responsible for the negligent oi• wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768,28, Florida Statutes. Further, nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter
arising out of any contract or this Agreement.
8. DEFAULT/TERMINATION/FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect, or 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 teri-nination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar day's written notice. If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement
is terminated before perfori-nance is completed, the, Grantee shall be paid only for that work
satisfactorily performed for which costs can be substantiated.
C. if a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of
the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within
seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length
and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's
intended timetable for implementation of such measures. If the parties agree that the delay or
anticipated delay was caused, or will be caused by a force majeure, the Department may, at its
discretion, extend the time for performance under this Agreement for a period of time equal to the
delay resulting from the force majeure upon execution of an amendment to this Agreement. Such
agreement shalt be confirmed by letter from the Department accepting, or if necessary, modifying
the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance,
act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive
timely necessary third party approvals through no fault of the Grantee, and any other cause, whether
of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of
the Grantee and./Or the Department. The Grantee is responsible for the performance of all services
issued under this Agreement. Failure to perform by the Grantee's consultant(s) or subcontractors)
shall not constitute a force majeure event.
9. REMEDIES/FINANCIAL CONSEQUENCES:
No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed for
submittal of satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days
DEP Agreement No. 50939, Page 4 of 13
of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may. in its sole discretion, either: I ) terminate this Agreement for failure
to perform, or 2) the Department Grant Manager may, by letter speciR in- the failure of performance under
this Agreement. request that a proposed Corrective Action Plan (GAP) be submitted by the Grantee to the
Department. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar
days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for- review and approval.
Within ten (10) calendar days of receipt of CAP, the Department shall notify the Grantee in writing
whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have
ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised
proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result
in the Department's termination of this Agreement for cause as authorized in this Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of tile proposed CAP
by the Department does not relieve the Grantee of any of its obligations under the Agreement. In.
the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department
shall retain the right to require additional or further remedial steps, or to terminate this Agreement
for failure to perform. No actions approved by the Department or steps taken by the Grantee shall
Preclude the Department from subsequently asserting any deficiencies in performance. 'The Grantee
shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of
the CAP will be made to the Department as requested by the Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement.
The reredies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement,
10. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with United States generally accepted accounting principles (US
GAAP) consistently applied. The Department, the State, or their authorized representatives shall
have access to such records for audit purposes during the term of this Agreement and for five (5)
years following the completion date or termination of the Agreement. In the event any work is
subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
B. The Grantee understands its duty, pursuant to Section 20.055(5), C.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing, on its subcontractors.
l 1. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit I to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. 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 fails to receive a revised copy of
DEP Agreement No. S0939, Page 5 of 13
Exhibit 1, the Grantee shall notify the Departnnent's Grant Manager listed in paragraph 17, below,
to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal andior 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 E, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided Linder 2 CFR `200.330 for determining whether the relationship represents that
of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled
-Checklist for Nonstate Organizations Recipient,°Subrecipient vs Vendor Determination" (form
number DFS-A!-NS) that can be found Lender the "Links/Forms" section appearing at the followving
website:
hops: at7stldfsccttn fsaa
C. The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining; to the applicability of these requirements.
12. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed -price subcontracts pursuant to paragraph 3.D.
of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed
subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless
of any subcontract, the Grantee is ultimately responsible for all work to be performed Linder this
A f. reeiment. The Grantee agrees to be responsible for the fulfillment of all work elements included
in any subcontract and a rees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to
any subcontractor for any expenses or liabilities incurred under the subcontract: and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B. The Department supports diversity in its procurement program and requests that all subcontracting
opportunities afforded by this A=reement embrace diversity enthusiastically. The award of
subcontracts should reflect the frill diversity ofthe citizens of the State of Florida. A list of minority
owned firms that could be offered subcontracting opportunities may be obtained by contacting the
Office of Supplier Diversity at (850) 487-0915.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which
50 percent or more of the cost will be paid from state -appropriated funds which have been
appropriated at the time of the competitive solicitation, a state college, county, municipality, school
district, or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon.
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction,
ii. The contractor's hirino employees or subcontractors from within a particular local
jurisdiction; or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the
DEP Agreement No. S0939, Pare 6 of 13
olicrtcrlion docuniew that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
14. LOBBYING PROHIBITION:
In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this
Agreement for the purpose of lobbying the State of Florida Legislature, the judicial branch or a state agency.
Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and
per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial
department shall be used by any state employee or other person for lobbying purposes.
15. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the department under this Agreement. The Grantee acknowledges that this requirement includes,
but is not limited to, compliance with all applicable federal, state and local health and safety rules and
regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this
A-reement.
16. NOTICE:
All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a
courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an
electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 1.7.
17. CONTACTS:
The Department's Grant Manager (which may also be referred to as the department's Project Manager) at
the time of execution for this Agreement is identified below:
Randy Landers, or Successor
Florida Department of Environmental Protection
South District
Phvsical Address:
2295 Victoria Avenue
Suite 364
Ft. Myers, Florida 3.3901
Secondary Address;
P.O. Box: 2549
Ft. Mvers, Florida 33902-2549
Telephone hone No.: 239-344-5659
Fax No.:
850-412-0589
E-mail Address:
Randal. lander•s`ctclep.state.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is identified below:
Rhonda Haag, or Successor
Monroe County Board of County Commissioners
102050 Overseas Highway
Suite 2-246
Key Largo, Florida 33037
Telephone No.. 305-453-8774
DEP Agrcernent No. S0939, Pave 7 of 13
E-mail Address: haag-rhondaci)rnnornroecounty-fl.gov
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with
acknor,viedgement by the other party will be acceptable. Any subsequent Change. Carder or Amendment
pursuant to paragraph 3.13 should include the updated Grant Manager information.
18. INSURANCE:
A. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work -
specified under this Agreement, whether such work is performed by the Grantee, any sub -grantee,
or Grantee's contractors. Such insurance shalI include the State of Florida, the Department, and the
State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds
for the entire length of the Agreement.
B. Coverage may be by private insurance or self-insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant:. Manager prior- to performance of any work
pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida. The Grantee's Current certificate of insurance shall
contain a provision that the insurance will not be canceled for any reason except after thirty (30)
calendar days' written notice (with the exception ofnon-payrnent of premium, which requires a 10-
ealendar-day notice) to the Department's Grant Manager. If the Grantee is self -funded for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self -funded for said insurance, appropriate and allowable under Florida law, and that such
self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement..
C. Curing the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee.
Workers' Compensation insurance is required for all employees connected with the work
of this project. Any self-insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation lady. In case any class of employees engaged in
hazardous work under this Agreement is not protected sunder Workers' Compensation
statutes, the Grantee shall provide proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
Commercial General Liability insurance is required, including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability insurance is required, for all claims which may arise
from the services and/or operations under this Agreement, whether such services and/or
operations are by the Grantee or any of its contractors. The minimum limits of liability
shall be as follows:
$100,000 Automobile Liability Combined Single Limit for Company -
Owned Vehicles, if applicable
$300,000 hired and Non -owned Automobile Liability Coverage
CEP Agreement No. S0939, Page 8 of 13
iv. Other Insurance may be required if any work proceeds over or adjacent to water, including
but not limited to Jones Act, Longshoreman's and I- larbormaster's, or the inclusion of any
applicable rider to worker's compensation insurance, and any necessary, watercraft
insurance, with limits of not less than S300,000 each. Questions concerning required
coverage should be directed to the L.S. Department of Labor
(httP:/'w�ww.dol S7ov dlhwc/1scontac.htm) or to the parties' insurance carrier.
19. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict
in any manner or degree with the performance of services required.
20. E_UIPM_EN,r:
Reimbursement for direct or indirect equipment purchases costing S 1,000 or more is not authorized under
the terms and conditions of this Agreement. Attachment F, Property Reporting Form is not applicable and
shall be intentionally excluded.
21. UNAUT"ORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcorntractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
22. _QUALITY ASSURANCE REQUIREMENTS:
If the {:grantee's Project involves env iron mentally -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 nneet Project objectives and
to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses
performed tinder this Agreement must conform with the requirements set forth in Chapter 62-160, F.A.C.
and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof
as Attachment G, Quality Assurance Requirements for Contracts and Grants, if applicable. If the
Project does not involve environnnentally-related measurements or data generation, this Attachment shall
not be required and shall be intentionally excluded. L
23. DISCRIMINATION:
A. No person, on the grounds of race, creed, color, religions national origin, age, gender, or disability,
shall be eXclyded from participation in; be denied the proceeds or benefits of or be otherwise
subjected to discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section
287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not
award or perform work as a contractor, supplier, subcontractor, or consultant under contract with
any public entity, and may not transact business with any public entity. 'The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and posts 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) 487-091 S.
24. LAND ACQUISITION:
DEP Agreement No. 50939. Pane 9 of 13
Land acquisition is not authorized under the terms of this Agreement.
taw PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement, including by any of the following methods:
A. Grantee shall provide access to any Location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
K Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement, and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement,
26. PUBLIC RECORDS ACCESS:
A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Section 119.011(12)7 F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under- this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request, or to allow inspection and copying of all public records
made or received by the Grantee in conjunction with this Agreement and subject to disclosure tinder
Chapter 119, F.S., and Section 24(a), Article 1, Florida Constitution.
C. If Grantee meets the definition of "Contractor" found in. Section 119.0701(l)(a), F.S.; [i.e., an
indiv idtial, partnership, corporation, or business entity that enters into a contract for services with a
public a=gency and is acting on behalf of the public agency], then the following requirements apply:
Pursuant to Section 119.0701, F.S., a request to inspect or copy public records reiatino to this
Agreement for services must be made directly to the Department. If the Department does not
possess the requested records, the Department shall immediately notify the Grantee of the
request, and the Grantee must provide the records to the Department or allow the records to
be inspected or copied within a reasonable time. If Grantee fails to provide the public records
to the Department within a reasonable time, the Grantee may be subject to penalties under s.
11,9.10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
1 19, Florida Statutes, or as otherwise provided by lawn.
iii. Grantee shall identify and ensure that al I public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by law for the duration of the Agreement term and following completion of the Agreement if
the Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by the
Department to perform the services under this Agreement. If the Grantee transfers all public
DEP Agreement No. S0939, Page 10 of I')
records to the Department upon completion of the Agreerent, the Grantee shall destroy any
duplicate public records that are exempt or confidential and exempt from public disclosure
requirements. if the Grantee keeps and maintains public records upon completion of the
Agreerent, the Grantee shall meet all applicable requirements for retaining public records.
All records that are stored electronically must be provided to Department, upon request from
the department's custodian of public records, in a format that is accessible by and compatible
with the information technology systems of Department.
D, IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION D
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at i M
mailing,, by email at ombudsman ry,,,dep state. fl. us
or at the addressbelow.
Department of Environment Protection
ATTN: Office of Ombudsman and Public Services
Public Records bequest
3900 Commonwealth Boulevard, MS 419
Tallahassee, Florida 32399
27. TERMINATION FALSE CERTIFICATION, SCRUTINIZED COMPANIES, BOYCOTTING:
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287,135,
F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -
agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,
F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its
subcontractors are placed oil any applicable scrutinized companies list or engaged in prohibited contracting.
activity during the term of the Agreement. As provided in Subsection 287.135(8)4 F.S., if federal law ceases
to authorize these contracting prohibitions then they shall become inoperative.
2& EXECUTION IN COUNTERPARTS:
This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more
counterparts, each of which together shall be deemed an original, but all of which together shall constitute
one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-
mail delivery of a ".pdf' format data file, such signature shall create a valid and bindin- obligation of the
party eXecuting (or on whose behalf such signature is executed) with the same force and effect as if such
facsimile or ".pdf' signature page were an original thereof;
29. SEVERABILITY CLAUSE:
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but ifany provision ofthis 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.
DEP Agreement No, S0939, Page 1 l of 13
30. ENTIRE AGREEMENT:
J-his 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
I
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LLFTBLANK
DEP Agreement No. S0939, e Pag 12 of 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the dad and year last
written below.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
--
*Signature of Person Authorized to Sign
Print Name and Title of Authorized Person
Date:
FEID No.: 59-6000749
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Secretary or designee
Print Name and Title of Authorized Person
Date:
Randal Landers, DEP Grant Mana-er
DEP Grants Administrator
Approved as to t`orm and legality:
DE' Attorney
*For Agreements ), ith governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement. v
List of attachments/exhibits included as part of this Ao reentent:
Specify, Letter/
Type Number Description (include number of pages)
Attachment
A
Grant Work Plan (9 Pages)
Attachment
B
Pavment �er�uest Summary Form ( s Pages)
Attachment
C
Contract Payment Requirements (I Page)
Attachment
D
Progress Report Form (I Pare)
Attachment
E
Special Audit 3it Requirements (5 Pages)
Attachment
F
Attaachmew Intentionalh, Lvchtded
Attachment
G
Attachmenl Internionallt'' l;_yclude l
DEP Agreeni.ent No. 50939, Page 13 of 13
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: BIG PINE KEY CANAL #290 AIR CURTAIN DESIGN, PERMITTING, AND
INSTALLATION (MONROE COUNTY)
PROJECT LOCATION: Monroe County, Florida Keys Watershed /HUC= 03090203. The Project site is
located within Monroe County.
PROJECT BACKGROUND: Monroe County recently completed a $700,000 organic muck removal
project in March 2016 on Canal #290 in Big Pine Key. Approximately five (5) feet of decayed seaweed and
muck was removed from the length of the canal bottom. An existing air curtain weed gate owned by the
homeowners was reinstalled, but the weed gate has periodically failed and allowed seaweed to reenter the
canal. The homeowners are unable to properly maintain their existing weed gate, and have requested
assistance from the County to purchase and install a new air curtain. To protect the County's project
investment, and to maintain water quality in canal #290, an air curtain is proposed to be purchased and
installed at the mouth of canal 4290. Monroe County Commissioners approved the purchase of the weed
gate at their regular meeting held June 15, 2016, subject to identification of a funding source, as funds are
not budgeted. The purchase of the air curtain will not occur until funds have been identified. The County
is working to set up a financing district in the neighborhood to collect revenue to fiend future operations
and maintenance costs of the air curtain, once purchased and installed.
PROJECT DESCRIPTION: The work under this Agreement includes the design, permitting and
construction of the air curtain at the canal #290 Big Pine Key. Monroe County will competitively procure
a qualified contractor to perform the installation. In addition, it is anticipated that Monroe County will
contract AMEC Foster Wheeler (AMEC) to provide the construction support services including
construction engineering inspections and engineering during construction to ensure that the air curtain is
installed per design plans and permit requirements.
LOCATION MAP
DEP Agreement No. S0939, Attachment A, Page I of 9
TASKS and DELIVERABLES:
Task #l: BATHYMETRIC AND SITE CONDITIONS SURVEY
Task Description:
I A: Bathymetric Survey
A bathymetric survey has already been completed during the organic muck removal project and will
be utilized for the design aspects associated with the weed gate.
I B: Site Conditions Survey (Engine?erin ; tin(.1 Ecr logicul Evalarcrtiorr
This task consists of a site visit to verify° the aerial photo and Canal a4-1caster Plan database
information including site access, potential staging area conditions. and other site logistical and
permitting items. A site sketch and site photographs will be obtained.
A mangrove wetlands delineation will be provided to docrnnent the presence of red mangroves within
the projcct footprint in accordance wvith Florida Administrative Code, Chapter 62-340, the United
States Army Corp of Engineers ([_1SACE) 1987 'Wetland Delineation Manual and the regional
Snpplemcnt to the Corps of EngineersWetland Delineation Manual. Wetlands, including mangroves,
will be evaluated utilizing the Department Uniform Mitigation Assessment Method (UMAM) to assess
the direct and indirect impacts as well as to determine the appropriate compensatory mitigation, if any.
Benthic scientists permitted by the Florida Keys National Marine Sanctuary will conduct an in -water
survey of the benthos to identify the presence of sensitive aquatic resources (i.e. seagrasses, corals. or
sponges) within the immediate area of the proposes{ project. The findings of the above referenced
biological surveys will be provided in a project narrative (biological write -tip) for submittal with the
permit application.
Deliverables: Completion of Task I as evidence by Engineering report and Ecological report of the site
conditions.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Flan and this task description. Upon review and written
acceptance by the Department's Grant Manager of all deliverables under this task. the Grantee may proceed
with payment request submittal.
Payment Request Schedule: Grantee may submit a payment request for cost reinibursement upon
completion of the task and Department approval of all associated task deliverables.
Task Budget: $ ,692.80 for Contractual. Services (Subcontractor)
Task Start and End. Dates: Execution to November 30, 2016
Deliverable Due Date: November 30, 2016. All task related work must be completed by, and all
deliverables must be received by., the task end date.
DEP A<-reement No. S09')9, Attachment A, Page 2 of 9
Task ##2: DESIGN PLANS - 301%, 60%) AND 100% DOCUMENTS
Task Description:
2A: Preliminary Desi`=n a 30% Documents
A conceptual design will be prepared based upon the newly obtained additional assessment data that
Will be reviewed with Monroe County Staff and the property owner. Preliminary design plans and
technical specifications for the project will then be prepared. The preliminary design plans will include
an existing site plan, proposed site plan, erosion and sedimcnt control plans, and construction details.
The preliminary design plan will be submitted to Monroe County for final review and approval.
213: 60% Construction Documents
Upon acceptance of the preliminary (30%) designs, AMEC will prepare a 60% construction submittal.
The Construction Documents will include each of the following components:
I ) Construction Plans — depicting site impacts, equipment layout, and utilities.
2) Specifications - Technical specifications for the pro ect, using Monroe County Standards
,where applicable, other accepted industry specifications if needed (i.e. Florida Department of
Transportation„ South Florida Water Management District, etc.) or developed specifically for
this proiect application ifnecessary.
3) Schedules —A detailed construction schedule will be prepared, working closely with Monroe
County and the homeowners.
4) Estimate ofConstruction Cost — The cost for the canal restoration will be refined throu0110ut
the design process and a detailed Engineer's Opinion of Probable Cost will be prepared and
subrrritted with the 60% construction documents.
60% design plans and specifications will be submitted to Monroe County for review and comment.
Comments received will be addressed and resolved to the satisfaction of the County as soon as
practicable so as to not delay future design.
2C: 100% Construction Documents Completion Submittal
AMEC will update the plans, specifications, and costing as required in response to feedback
from Monroe County and regulatory comments. Comments received from Monroe County will
be addressed and resolved prior to the final submittal of the 100% construction docun�rents and
design specifications. The final design plans w ill include an existing site plan, proposed site plan,
equipment locations, erosion and sediment control plans, and construction details.
Deliverables: Cm -repletion of Task 2 as evidence by Construction Plans, Technical Specifications, and
Engineers Cost Fstirnate
Performance Standard: The Department's Grant Manager will review the deliverables to verify, that they
meet the specifications in the Grant Work Plan and this task description. Upon review and written
acceptance by the Department's Grant Manager- of al l del iverables under this task, the Grantee may proceed
with payment request submittal.
Payment bequest Schedule: Grantee may submit a payment request for cost reimbursement rrporr
completion of the task and Department approval of all associated task deliverables.
DEP Agreement No. S0939, Attachment A Page 3 of 9
Task Budget: S8,42 .00 for Contractual Services (Subcontractors)
Task Start and End Dates: Execution to December 15, 2016
Deliverable Due Date: No later than December 15, 2016 All task related work mast be completed by,
and all deliverables must be received by, the task end date.
Task 3: PERMIT APPLICATION ASSISTANCE,
Task Description:
Pre -permit application meetings will be held with required permitting agencies using, the 30 percent
design plans. Comments will be received during the pre -application meetings to complete and submit
local, state, and federal permit applications as required, using the final design plans. Permit applications
wi I I be submitted to the following agencies:
• South Florida Water Management District (SFWMD)
• United States Army Corp of Engineers (USACF:)
• Florida keys National Marine Sanctuary (FKNMS)
9 Monroe County
AMEC will respond to Requests for Additional Information (RAI) for each permit application. Permit
fees to the SFMWD are included but permit fees to Monroe County are not included as they are not
known at this time.
If impacts to wetlands or benthic resources are identified, AMEC will coordinate appropriate mitigation
either- onsite or through the purchase of mitigation credits. Costs to purchase mitigation credits are not
included in the cost estimate as it is unknown at this time if mitigation will be required.
Deliverables: Completion of Task 3 as evidence by issued permits from SFW1V D, USAGE, FKNMS, and
Monroe County.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Man and this task description. Upon review and written
acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed
with payment request submittal.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon
completion of the task and Department approval of all associated task deliverables..
Task Budget: S10,216.80 for Contractual Services (Subcontractors)
Task Start and End Dates: Execution to ]March 31, 2017
Deliverable Due Date: No later than March 31, 2017 All task related work roust be completed by, and
all deliverables must be received bv. the task end date.
Task #4: SUPPORT IN PROCUREMENT OF A CONSTRUCTION CONTRACTOR
Task Description:
Upon completion of the Construction Docnrnents, AMEC. will assist Monroe County, who will be
DEP Agreement No. S0939, Attachment A, Page 4 of 9
prOCHH110 the construction of the project, with the Z7 proJ - necessary procurement documents and meetings.
AMEC will provide the following services to assist Monroe County' in the procurement of a contractor
for the construction of the air Curtain:
a) Prepare a Request for Proposal Package which will include the 100% Construction
documents completed by AMEC
b) Respond to applicable Proposers' Requests for Information (RFI's) and assist in the
preparation of answers.
c) Attend a Pre -Proposal Conference and site walk-thrOUgh and prepare meeting minutes.
d) Conduct a Responsibility Review of the Proposals.
e) Attend a Pre -Award Conference with the County, to discuss the Proposer's qualifications
and Understanding of the Projject, if required.
Deliverables: Completion of Task 4 as evidence by completed request for proposal package, attendance
at all required meetingo(s), and Notice of Award.
Performance Standard- The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Plan and this task description. Upon review and written
acceptance by the Department's Grant Mana-Z7crof all deliverables Under this task, the Grantee may proceed
with payment request Submittal.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon
completion of the task and Department approval of all associated task deliverables.
Task Budget: S5,980.40 for Contractual Services (Subcontractors)
Task Start and End Dates: Execution to January 31, 2017
Deliverable Due Date: No later than January 31, 2017 All task related work MUSt be completed by, and
all deliverables must be received by, the task end date.
Task #5: AIR CURTAIN INSTALLATION
Task Description:
The Scope of Work consists of removing an existing weed barrier system and installing a new weed
barrier systern at the mouth of Canal 4290 located between Avenue I and J in Big Pine Key. ,.the weed
barrier activities are to be completed to prevent the micration of weed wrack into the canal and the
subsequent water quality degradation associated with the acCLUTIL1186011 of weed wrack on the canal
bottom.
The selected Contractor must install temporary erosion and sediment control at the canal Mouth
consisting Of turbidity' barriers and waddles around the landside staging area(s) which meets United
States Fish and Wildlife Service (USFWS) requirements, and remove the temporary erosion and
sediment control upon completion of the project. The selected Contractor shall return all staging area
property to its original condition or better which includes re -grading, and re -sodding of disturbed areas.
Monroe County will obtain the SFWMD permit, USACE Dredge and Fill permit, FKNMS permit,
and Monroe County building permit for air curtain and blower installation. The Contractor will be
responsible to obtain electrical permits and any other necessary permits not identified by the Engineer.
C�
The selected Contractor is required to submit a Constraction Alelho(lolog-y Man (CMP) to Monroe
COL111tV, including an Electrical and Erosion and Sediment Control Plans for approval prior to
DEP Agreement No. S0939, Attachment A, Page 5 of 9
initiation of construction. Additionally, the selected Contractor shall be aware of the necessity to tape
care during the removal and installation of weed barrier system so as to not damage the boat lifts
present in the canal or any other privately owned property. Damage caused by contractor to privately
owned property will be a liability of the Contractor not the Engineer or Monroe County.
The sequence of Major Activities are as follows:
L Install temporary, erosion and sedimentation controls and maintain these controls for the
duration of -the work,
2. Construct the stay-ina area as delineated on the Contract Plans;
3. Remove the existino weed barrier system according to these technical specifications and.
contract plans;
d. install electrical conduit, breaker panel, control panel, wind switch, weather monitor, and
pump pads;
5. Install blower pumps, transmission lines. and distribution manifold:
6. Install diffusers and submerged tubing with divers-
7 Startup weed barrier system and optimize the manifold confi-oration so that equal air
distribution is achieved:
8. Confirm operability of the wind switch system_
9. Stabilize the work area, obtain final approval from Monroe County of all work performed
and remove temporary erosion and sedimentation controls and stabilize areas disturbed by
the removal of the temporary controls; and
10. Provide for and complete two (2) years of system operation and maintenance.
Deliverables: Completion of 'Task 5 as evidence by photocopy of Record flans marked up showing the
work installed and other authorized changes signed and sealed by the Contractor's Specialty Engineer and
Land Surveyor and Mapper.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the speeifications in the Grant Work Plan and this task description. Upon review and written
acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed
with payment request submittal.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon
completion of the task and Department approval of all associated task deliverables.
Task Budget: S13,355.20 for Contractual Sen!ices (Subcontractors)
(Note: Total costs to complete this task exceeds the listed Task Budget amormt; therefore Monroe
County will be responsible for approximately $ 185,000.00 to complete this task)
Task Start and End Dates: Execution to June 09, 2017
Deliverable Due Date. No later than June 09, 2017 All task related work must be completed by, and all
deliverables must be received by, the task end date.
Task #6: CONSTRUCTION ADMINISTRATION AND ENGINEERING INSPECTIONS
DEP Agreement No. S09.39, Attachment A, Page 6 of 9
Task Description: AMEC is anticipated to provide four (4) seeks Of construction administration and
engineering inspections for the installation of the Air Curtain:
Site Inspections: 'Weekly oversight of the proiect during field construction activities will be
provided and weekly work reports prepared showing contractors' activities, equipment,
maintenance of traffic and environmental compliance.
Construction Administration — AMEC. is anticipated to provide consultation acid advice to Monroe
County regarding the Contractor's performance of the Contract. AMEC; will liaise with Monroe Cormty,
homeowners, and other stakeholders as necessary at the direction of Monroe County to administer the
construction contract through the proiect completion date.
Deliverables: Completion of Task 6 as evidence by:
Weekly work reports which will include pre-constrrictioll, progress, and final
photographs(electronic files), and environmental inspection reports
b. Report of final completion check list.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Plan and this task description. Upon review and written
acceptance by the Department-s Grant Manager of all deliverables under this task, the Grantee may proceed
with payment request submittal.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon
completion of the task and Department approval of all associated task deliverables.
Task Budget: $7,326.80 for Contractual Services (Subcontractors)
Task Start and End Dates: Execution to June 09, 2017
Deliverable Due Date: No later than June 09, 2017 All task related work must be completed by, and
all deliverables must be received by, the task end date.
REMAINDER OF PAGE INTENTIONALLY I EF—F BLANK
DEP Agreement No. S0939, Attachment A, Page 7 of 9
PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all
deliverables must be received by the designated due date,
Taskl
Mart
Task Earl
Deliverable
Deliverable
Task or Deliverable 'Title
hate
Date
Due Date/
No.
Frequency
Bathymetric And Site Conditions
EXeCuti011
11/30/16
1
Survey
Date
1
Engineering Report and Ecological
11/30/16
Report of the site conditions
2
Desiz;n Plans -')0%, 60`i'o And 100%
ExeCuti011
1 '/15/1b
DOClrillents
Date
ConstruCtion Plans, Technical
2
Specifications, and Engineers Cost
12/15/16
Estimate
3
Permit Application Assistance
ExeC
03/311/17
Date11
Date
3
Permits From SFWMD, USACE,
03/31/17
F14NMS, And The County
4
Support In Procurement Of
Execution
01/31/17
ConstrLiction Contractor
Date
4
Retluest for proposal package
01/31/17
5
Air Curtain Installation
EXCCU ion
06/09/17
Date
5
Photocopy of Record Plans
06/09/17
6
Construction Administration And
Execution
06/09/17
En-incering Inspections
Date
6a
Weekly work reports
06/09/17
6b
Report of final completion check list
06109/17
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreernent No. S0939, Attachment A, Page 8 of 9
BUDGET DETAIL, BY TASK:
bask 1' c .
Budget Category
Budget Amount
-
i l
C ontractual Services
Total for Task:
$4,692.80
$4,692.80
2
Services
$8,428.00
-Contractual
Total for Task
$8,428.00
3
Contractual Services
$10,216M
Total for Task
S10,216.80
4
5
6
Contractual Services
Total for Task
Contractual Services
$5,980A0
$5,980.40
$13,355.20
Total for Task
Contractual Services
$13,355.20
$7,326.80
Total for Task
$7,326.80
Project T Mall:
$50,000.00
PROJECT 13UDGET SUMMARY. Cost reimbursable arrant finding must not exceed the category totals
for the Project as indicated below.
DEP Agreement No. S0939, Attachment A. Page 9 of
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.:
Grantee:
Mailing Address:
Payment Request No.
Performance Period (Stctri &ite — (late):
Task/Deliverable No(s),
Agreement Effective Dates:
Grantee's Grant Manager:
Date of Payment Request:
Task/Deliverable Amount Requested -
GRANT EXPENDITURES SUMMARY SECTION
AMOUNT OF
TOTAL
IFMATCHING
TOTAL
CATEGORY OF EXPENDITURE
THIS REQUEST
CUMULATIVE
FUNDS FOR
CUMULATIVE
(A,v rattthoriZed)
PAYMENT
THIS REQUEST
MATCHING
REQUESTS
FUNDS
SalariesiWages
S N/A
$ N/A
SN/A
SN/A
Fringe Benefits
S N/A
S N/A
SN/A
SN/A
Indirect Cost
S N/A
S N/A
SN/A
SN/A
Contractual (Subcontractors)
$
S
SN/A _
SN/A
Travel
yN/A
SN/A
SN/A
SN/A
Equipment (Direct Purchases)
SN/A
SN/A
SN/A
SN/A
Rental/Lease of Equipment
SN/A
SN/A
SN/A
SN/A
Miscellaneous/Other Expenses
SN/A
SN/A
SN/A
SN/A
Land Acquisition
SN/A
SN/A
SN/A
SN/A
TOTAL AMOUNT
S
S
SN/A
SN/A
TOTAL TASK/DELIVERABLE
$
SN/A
BUDGET AMOUNT
Less Total Cumulative Payment
S _
SN/A
Recluests of:
TOTAL REMAINING IN TASK.
S
SN/A
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment R.equeSt can Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the above
cited grant activities.
DEP Aoreement No, S0939, Attachment B. Page I of
Grantee's Certification of Payment )Request
(Print name of Grantee's Grant Manaocr designated in the Agreement)
DEP Agreement No.
(Print name of Grantee/Recipient)
and Payment Request No.
, on behalf of
, do hereby certify for
that:
Z The disbursement amount requested is for allowable costs for the project described in Attachment A of
the Agreement.
EI All costs inch€ded in the amount requested have been satisfactorily purchased, performed, received, and
applied to,,Nard completing the project,. such costs are docurnented by invoices or other appropriate
documentation as required in the Agreement.
RI "rile Grantee has paid such costs under the terms and provisions of contracts relating directly to the pro-Ject;
and the Grantee is not in default of any terms or provisions of the contracts.
Check till thtit gI3I)IV heloir.
0 All permits and approvals required for the construction, which is underkvay, have been obtained.
El Construction LIP to the point of this disbursement is in compliance wvith the construction plans and permits.
The Grantee's Grant Manager relied on certifications from the following professionals that provided
services for this project duriurt(I the time period covered by this Certification of Payment Regr€est, and such
certifications are included.
Professional Service Provider (Marne / License No.) Period of Service (rnmlddlyy — mmfdd/vv)
Grantee's Grant Manager Signature
Print Name
Telephone NUrnber
DEP Agreement ]`ego. S0939, Attachment B Pa-e 2 of 3
Grantee's Fiscal Agent Signature
Print Name
Telephone dumber
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number ors your grant agreerent.
AGREEMENT EFFECTIVE DATES. Filter Agreement execution date through end date.
GRANTEE: Enter the name of the grantee's agency.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number ot'Your payment request, not the quarter number.
BATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PERIOD: This is the beginning and ending; date of the performance period for the task/deliverable
that the request is for (this must be within the timeline shown for the task/cleliverable in the Agreement).
TASK/DELIVERAIILE NO.: This is the rturnber of the task/deliverable that you are requesting payment for and/or
claiming match for (must agree with the current Grant Work Plan).
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
7:4.S'KIDELH'ER4 LE BUDGET AHOUATT" line for the `:xt1i10UAT OFTHIS REQUEST" colunin-
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount thatwas expended for this task during the period
for which you are requesting reimbursement for this task. This mtast aC ree with the currently approved budget in tile.
current Grant Work Plan of your grant Agreement. Igo not claim expenses in a budget category that does not have an
approved budget. Do not claim items that are not specifically identified in the current Grant Work. Plan. Enter the
column total on the "TOTAL AY1,10UN'T" line. Enter the arnount of the task on the "T()T 4L T,4S'l UDGL'TAA11()L,J:N7"
line. Filter the total cumulative amount of this request and all previous payments on the "LESIS TOTAL C CF,,V U1A7'1VE
PAYMEN'TR.F."Q(.EWS OF"' line. Deduct the "LESS TOTAL, CthIfULATII'E PAK14LI1'T REQUESTS OF frorn the
*"TOTAL T4SKBUDGETAHC)L iVr' for the arnount to enter on the "TOTAL REi'l1A1'VLNrG h%1 T ,',_;K' 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 shown the total of all requests; first
through the final request (this arnount cannot exceed tine approved budget amount for that budget category for the task
you are reporting on). Canter the column total oil tfae "T< T,4LS ' line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be clairned as thatch for the performance period for the
task 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 "TOT4L Afl10(,WT" line for this column, Enter the match budget arnount on
the "TOTAL T4SK BU'DGET sit OUNT ' line for this column. Enter the total cumulative amount of this and any
previous snatch c]airned on the -LE SS TOT4L C'L'- IULATIVE PA}'ilEJVT.S OF' line for this column. Deduct the' LESS
TOTAL C'(INIC L.AT I6'E I'. f K IENTS OF" frorn the TOTAL TASK BUDGET AiVOUN'7 for the arnount to enter on the
"TOT4L REi1L4INLN7G IN! T4SKline.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the: cumulative amount you have claimed to
date for match by budget category for the task. Put tlae total of all on the line titled -'TO7.11LS." The final report should
showy the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE'S CERTIFICATION: Check all boxes that apply, Identify any licensed professional service providers
that certified work or services completed during the period included in the request for payment. Must be signed by
both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
NOTES:
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 those expenditures for reimbursement.
DEt' Agreement No. S0919, Attachment 13, Page 3 of 3
ATTACHMENT MENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cast Reitriburserr ent 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 beinv- claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted, The payroll register
should shove gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe benefits: Frinae benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.-., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown,
Exception: Governmental entities are not required to provide check numbers or copies
of cheeks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 11.2.O61, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoiceslreceipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1,017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
27 ,02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Chary -es which may be of an internal nature (e.- postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being chargcd. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
aveb address: tltcl luny
[)Ell Agreement No. SCIc 39. Altachment C, Page I of I
ATTACHMENT D
DPP Agreement No.: S0939
Grantee Name:
Grantee Address:
Grantee's Grant blana2er: Telehone No.:
Reporting Period:
_ Project 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:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No
S0939 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
Print Nance and Title
Date
DEP A2reenient No. S0939, Attachment D, PaLe I of I
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which in(y he rc,ILrred to
....
as the 1���y�ar°tnaent,, , , gEP , �I�EP or Gr°nntnr", ar other narrre an the c•orttrucr!/agr'eerrrent) to the recipient
(which rrtrry be r terre d to as the "Contrac°tor", Grantee "' or other name rn the contrat°t. `tr�rcr me rat/nay be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F. and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not
be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the, recipient agrees to
comply and cooperate with any monitoring procedures processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General..
AUDITS
PART is FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330
(for fiscal year start dates after December- 26, 2014).
In the event that the recipient upends $500,000 ($750,000 for fiscal year start dates after December 26,
2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200,
Subpart F. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of
Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year,
the recipient shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR
Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements
of this part.
2. in connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the
requirements relative to audite:e responsibilities as provided in Subpart C of ( 1MB Circular A-133, as
revised, and 2 CFR Part 200, Subpart. F.
If the recipient expends less than S500,000 (or S750,000, as applicable) in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part
200, Subpart F. is not required. In the event that the recipient expends less than $500,000 (or $750,000, as
applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, acid 2 CFR Part 200, Subpart F 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 wvawcfda.Lyov
DEP As reement No. S0939, Attachment E, Page I of 5
PANT II.- STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
S750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, EXHIBIT I to this Attachment indicates state financial
assistance awarded through the Department of E nvirontnental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and ocher nonstate entities. State financial assistance does
not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal
pro -rain matching requirements.
In connection with the audit requirements addressed in fart I1, paragraph I; the recipient shall ensure that.
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
('local goverm-nental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
If the recipient expends less than S750,000 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 S750,000 in state financial assistance in its fiscal year, and elects to have In
audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
41 For information regarding the Florida Cataloµ of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act vsebsite located at https app, tldls.com.'fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at lttt_)�ww le�..state.ti.cis'Welcotttt ttcec(ny, State of Florida's website at
ltjpp , .n vflottda.ccarrt`. Department of Financial Services' Website at hip vvwvv.fidfs.con1' and the
Auditor General's Website at http,, /Vvvvw.mt� rich com' Lid(en/.
PART Ill: OTkIER AUDIT REQUIREMENTS
(j%`0 E: This part vs,ould be rrsed to specbf onY additional audit requirements imposed by the State awarding entity
that care .solely a matter gf�that State 4:,nvording entity's polio (i.e_, the azra`it is not required ky Federtal or State laws
and is not in coraflict nitlt other Federal or State audit rcgrrirerrtcnts). I'ttr,staant to Section 215.97f(5), FIoI da
Siatwes, State agencies mqy conduct or arrange o- audits cps State nunciol assistance that are to addition to mitlits
conducted in accordance with Section 215.97, Florida Statwes. In such can event, the State awardin,-; agency= rntrst
arraargc frar firaadiaag the full cost of such additional rrtrdits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages fog- audits conducted in accordance with OMB Circular ,A,-133, as revised, and
2 CFR Part 200, Subpart F and required by PART I of this. Attachment shall be submitted, when required
by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of
the recipient directly to each of the following:
DIP Agreement No. S0939, Attachment 1 , Paue 2 of 5
A. The Department of Environmental Protection at one of the folloN+inv" addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
UJ) E P5%ngleALid it'ri'clep. state. fl-us
B. The Federal Audit Clearinghouse designated in OMB Circular A-]33, as revised.. and 2 CFR
§200.501(a) (the number of copies required by Sections .320 (d)(I) and (2), OMF3 Circular A-133,
as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearin-house), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East IOth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted usin- the Federal C".learint-house's Internet Data Entry System which can
be found at Imp:' harve_stel Cer2sus lov.'fircweb
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular- A-1:33, as revised, and 2 CFR §200.512.
Pursuant to Section .320(o, OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the I nspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
& DI PSriinLjeAudiQi ep_state._f),wtrs
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or can
behalf of the recipient direct] to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
DEP Agreement No. S0939, Attachment E, Page 3 of 5
Electronically:
EN 1eALid' i%ct�de).,talC.fl.u.S
B. The Auditor General's Office at the Following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I I I West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART Ill of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By, Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 323399-3000
Electronically.
F-D F P ;j no IeA udit ct;cl �t tte.ti.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities) or 10.050 (nonprofit and for -profit organizations), Rules of the Auditor General, as
applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or
Chapters 10.550 (local governmental entities) or 10.650 ('nonprofit andd for -profit organizations), Pules of
the Auditor General, should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are crude available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP A-reernent No, S0939, Attachment E, Page 4 of
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