Item I2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:_ January 28 2009
Division: Enineerin
Bulk Item: Yes — No X
Department: Wastewater
StaffCMact PasavPhone #Judy C�ce /295-4329
AGENDA ITEM WORDING: Approval to execute Florida Department of Environmental Protection
(FDEP) Fiscal Year 2008-2009 Grant Agreement for $100,000.
ITEM BACKGROUND: The State of Florida 2008-2009 General Appropriations Act included Line
Item 1772C, which appropriated $100,000 to Monroe County to fund the construction of wastewater
projects. The grant agreement requires a 33% match from local funds. The grant will be used to fund
construction of the wastewater collection system on Geiger and Rockland Keys. The required match of
$33,000 is satisfied by funds previously approved for the project.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: $33.000 BUDGETED: Yes X No
COST TO COUNTY:$ 33,000 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No _ AMOUNT PER MONTH
Year
APPROVED BY: County Atty *"OMB/Purchasing Risk Management
DOCUMENTATION: Included X
DISPOSITION:
Revised 11/06
Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FL - DEP Contract # LP8983
Effective Date: January 29 2009
31, 2010
Expiration Date: January
Contract Purpose/Description:
Pursuant to the State of Florida 2008-2009 General Appropriations Act Line Item 1772C, the
Florida Department of Environmental Protection (DEP) shall pay on a cost reimbursement basis
an amount not to exceed $100,000 of project costs for the Geiger and Rockland Key Wastewater
Collection System project. Payment will be made by DEP upon receipt and acceptance of a
completed Disbursement Request Package.
Contract Manager: David Koppel X4427
_Engineering #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 1/28/09 Agenda Deadline: 1/13/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 100,000 Current Year Portion: $ 100,000
Budgeted? Yes® No ElAccount Codes: - 3,1 b - z 3 oar - s Lw� —�
Grant: $ 100,000 _ _ � -
County Match: $ $33.0 00 ✓
-
ADDITIONAL COSTS
Estimated Ongoing Costs: $ ADDITIONAL
For:
(Not included in dollar value above) (eg maintenance,
etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed vi r
Division Director � Yes❑ No[
Risk Managemen
� � Yes[] No { _
O.M.BJPffdrising
�Qq Yes❑ No[?J
County Attorney Lh%)) Yesf-1 No[f
Q�
Comments:
OMB Form Revised 2/27/0l MCP #2
3d
STATE FINANCIAL ASSISTANCE AGREEMENT
MONROE COUNTY
DEP AGREEMENT NO. LPS983
STATE OF FLORIDA
NT ASSISTANCE
PURSUANT TO LINE ITEM 1772C OF THE 20085 2009 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida
32399-2400 (hereinafter referred to as the "Department") and MONROE COUNTY, whose address is
1100 Simonton Street, Suite 2-205, Key West, Florida 33040 (hereinafter referred to as "Grantee" or "Recipient"), a
local government under the laws of the State of Florida, to provide funds for the Unincorporated Monroe County
Wastewater Projects.
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 terms and conditions set forth in this
Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and
"Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably.
This Agreement shall begin upon execution by both parties and shall remain in effect until
January 31, 2010. The Grantee shall be eligible for reimbursement for work performed on or after
July 1, 2008. This Agreement may be amended to provide for additional services if additional funding is
made available by the Legislature.
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
providing a minimum match of $33,333 toward the project described
$100,000 toward the total project cost. The parties hereto agree that the Grantee is responsible for
in Attachment A. Prior
written approval from the Department's Grant Manager shall be required for changes between
budget categories of up to 10% of the total budget. The Department's Grant Manager will transmit
a copy of the written approval and revised budget to the Department's Contracts Disbursements
Office for inclusion in the Agreement file. Changes greater than 10% will require a formal
amendment to the Agreement. If the Grantee fmds, after receipt of competitive bids, that the work
described in Attachment A cannot be accomplished for the current estimated project cost, the
parties hereto agree to modify the Project Work Plan described in Attachment A to provide for
the work that can be accomplished for the funding identified above.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
receipt and acceptance of a properly completed Disbursement Request Package (provided as
Attachment B). In addition to the Disbursement Request Package, the Grantee must provide from
its accounting system, a listing of expenditures charged against this Agreement. The listing shall
include, at a minimum, a description of the goods or services purchased, date of the transaction,
voucher number, amount paid, and vendor name. All requests for reimbursement of travel
expenses shall be in accordance with the travel limits established in Section 112.061, Florida
Statutes. The Disbursement Request Package must include:
(1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such
requests must be accompanied by sufficiently itemized summaries of the materials, labor, or
services to identify the nature of the work performed; the cost or charges for such work; and
the person providing the service or performing the work. If payment is based on an
authorized advance for incurred costs, invoices reflecting such costs must be included. After
DEP Agreement No. LP898?, Page 1 of 6
receipt of advance funds the Grantee shall provide proof of payment to the Department
within thirty (30) days of receipt of the advance funds. If payment is based on
reimbursement, proof of payment of the invoices is required.
(2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the
Project; that the materials, labor, or services represented by the invoice have been
satisfactorily purchased, performed, or received and applied to the project;that all funds
received to date have been applied toward completing the Project; and that under the terms
and provisions of the contracts, the Grantee is required to make such payments.
(3) A certification by the engineer responsible for overseeing construction stating that
equipment, materials, labor and services represented by the construction invoices have been
satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with
construction contract documents; stating that payment is in accordance with construction
contract provisions; stating that construction, up to the point of the requisition, is in
compliance with the contract documents; and identifying all additions or deletions to the
Project which have altered the Project's performance standards, scope, or purpose since the
issue of the Department construction permit.
(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or
suppliers as may reasonably be required by the Department.
C. In addition to the invoicing requirements contained in paragraph 3.13. 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). All bills for amounts due under this Agreement shall be
submitted in detail sufficient for a proper pre -audit and post -audit thereof.
D. State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at http://www fldfs com/aadir/referA o
/o5F >>ide.
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.
Progress Reports (Attachment C) shall be submitted describing the work performed, problems
encountered, problem resolution, schedule updates and proposed work for the next reporting
Progress reports shall be submitted along with the Disbursement Request Package, described in paragraph
3.13. If advance payment is authorized, the Grantee shall report (and document as required under paragraph
3 above and on Attachment E) the amount of funds expended during the reporting period, the Agreement
expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the
interest to the Department (see paragraph 16). It is understood and agreed by the parties that the term
"reporting period" reflects the period of time for which the invoices submitted in the Disbursement Request
Package are covered. The Department's Grant Manager shall have ten (10) calendar days to review
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.
7. A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department
DEP Agreement No. LPS983, Page 2 of 6
shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(1), Florida Statutes.
A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit
Requirements), attached hereto and made a part hereof. Exhibit 1 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 fails to receive a
revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager identified in this
Agreement to request a copy of the updated information.
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 1
when making its determination. For federal financial assistance, the Grantee shall use the guidance
provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the
relationship represents that of a subrecipient or vendor
or Nonstate Organizations Recipient/Subrecipient vs Vendor
. For state financial assistance, the Grantee
shall use the form entitled "Checklist f
Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section
appearing at the following website:
httn://auras fldfs com/fsaa
The Grantee should confer with its chief financial officer, audit director, or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
10. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written
consent of the Department's Grant Manager. The Grantee shall submit a copy of the subcontract upon the
request of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all
work elements included in any subcontract consented to by the Department 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.
11. 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
Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915.
12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
13. 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
DEP Agreement No. LPS98 Page 3 of 6
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. The Department's Grant Manager for this Agreement is identified below.
Tommy Williams
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: 850-245-8358
Fax: 850-245-8411
Email: thomas.e.williams@dep.state.tl,us
15. The Grantee's Grant Manager for this Agreement is identified below.
David Koppel
Director, Monroe County Engineering
Monroe County Board of County Commissioners
1100 Simonton Street, Suite 2-216
Key West, Florida 33040
Phone: 305-2924427
Fax: 305-295-4321
Email: Koppel-Dave@MonroeCounty-FL.Gov
16. In accordance with Section. 216.181(16)(b), Florida Statutes, the Department, upon written request from
the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an
advance to the Grantee. The Grantee must temporarily invest the advanced funds and return an
income to the Department, within ) y q � y interest
against the Department's obligation to ay, if hunder this Agreement pInterest earned mustly said interest me
be
returned to the Department within the timeframe identified above or invoices must be received within the
same timeframe that shows the offset of the interest earned.
Unused funds, and interest accrued on any unused portion of advanced funds that have not been remitted to
the Department, shall be returned to the Department within sixty (60) days of Agreement completion.
The parties hereto acknowledge that the State's Chief Financial Officer may identify additional
requirements, which must be met in order for advance payment to be authorized. If the State's Chief
fied, in writing, by the
Financial Officer imposes additional requirements, the Grantee shall be noti
Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds,
the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of
the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the
funds.
If advance payment is authorized, the Grantee shall be responsible for submitting the information requested
in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form
(Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the
Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting
requirements established in paragraphs 3 and 5.
17. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of his 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' Compensation Insurance for all of the tatter's employees unless such
employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance
DEP Agreement No. LPS983, Page 4 of 6
coverage shall comply fully with the Florida Workers' Compensation law. In casrs' Compensation statutes,
e any class of employees
engaged in hazardous work under this Agreement is not protected under Worke
the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of those employees not otherwise protected.
18. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department,
agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no
liability except as specifically provided in this Agreement.
19. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict
in any manner or degree with the performance of services required.
20. The purchase of non expendable personal property or equipment costing $1,000 or more is not authorized
under the terms of this Agreement.
21. The Department may at any time, by written order designated to be a change order, make any change in the
Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within
current authorized agreement period, method or manner of performance, requirements, etc.). All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that
causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this
Agreement.
22• A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability,
excluded 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 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 intends to post the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity, at 850/487-0915.
23. Land acquisition is not authorized under the terms of this Agreement.
24. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP8983,, Page 5 of 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last wTitten below.
MONROE COUNTY
County Administrator
Date:
FEID No.:
MONROE COUNTY ATI ORNEY
At MOVED AS TP M:
%ZANNE A. HUTTON
COUNT ATTO Y
C,za� �..
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
LIE
Deputy Director
Division of Water Resource Management
Date:
Tommy Williams, DEP Grant Manager
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Letter/
Type
Number
Attachment
A
Attachment
B
Attachment
C
Attachment
D
Attachment
E
Attachment
p
Description (include number of pages)
Project Work Plan (3 Pages)
Disbursement Request Packa e 3 Pages)
Progress Report Form (2 Pages)
Special AuditRequirements (5 Pages)
Advance Payment — Interest Earned Memorandum (1 Page)
Advance Payment Justification Form (3 Pages)
DEP Agreement No. LPS9 Page 6 of 6
ATTACHMENT A
GRANT WORK PLAN
Monroe County
LP69
ly l S"_s
Project Title: Rockland and Geiger Key Collection Systems in the Big Coppitt Regional
Wastewater Treatment System
Project Location: Rockland and Geiger Keys, Monroe County, Florida
Project Background: Funding of this project will assist Monroe County with meeting the
requirement to provide advanced wastewater treatment by July 1, 2010.
Project Objectives: Provide a list of objectives, in bullet format, expected to be achieved as a
result of funding/completing this proposed project.
• Objective 1: Construct collection system to service Rockland and Geiger Keys in the Big
Coppitt Regional Wastewater System.
• Objective 2: Compliance with Chapter 99-395 Laws of Florida.
• Objective 3: Reduce nutrient load to nearshore waters by providing centralized
wastewater treatment in the Big Coppitt service area.
• Objective 4: Minimize risk to human health.
Project Description: The project consists of constructing the collection system for Rockland
and Geiger Keys in Big Coppitt Service Area. The project location extends from approximately
mile marker 9 to mile marker 11 in Monroe County and includes ocean and gulf side
communities. This service area represents approximately 423 equivalent dwelling units (EDUs).
DEP Agreement 8983, Attachment A, Page I of
Project Miles tones/Deliverables/Outputs:
No. I TasWActivity Start
Descri tion
TRRockland
and August
Key 2008
ion
System
construction
Project Budget:
Project Funding
Professional Services:
Construction &
Demolition:
Land.
Eauinment:
Total
Complete Deliverables/Outputs
October Construction pay
2009 applications and
monthly progress
meeting minutes
DEP Grant Fu
None
$100,000
None
None
$100,000
Deliverable/Output
Due Dates
Monthly
ching Funds and Source
Ping
Source of Funds
None
County Sales Tax
$33,000
Revenue, Non Ad
Valorem
None
Assessments and/or
None
State Revolving
Fund Loan
(FRUFC Interim
Funding) secured
by these funds.
$33,000
Total Project Cost: 1
$8,228,012.20
% Match Required: 25% Amount of Match: 1 $8,128,012.20
Project Budget Narrative: Contract 2 for the Rockland and Geiger Key Collection Systems
described in the Big Coppitt Regional Wastewater Treatment System and South Lower Keys
Wastewater Treatment Plant Facilities Plan - October 2007 has been executed for
$8, 228, 012.20. Agreement LP8983 for $100, 000 will be matched with $33, 000 of local revenue
(system development fees or local sales tax revenue).
Professional Services: No professional services are anticipated for Contract 2.
Construction & Demolition: Contract 2 is for the Rockland and Geiger Key collection systems.
Land. It is not anticipated that land will be purchased for this project.
Equipment. Contract 2 includes manholes, lift stations, valves, generators, and E-1 pump
stations.
Other: NA
NOTE: IF THERE IS MATCH, THE SAME DETAIL MUST BE PROVIDED FOR THE
MATCH.
DEP Agreement 8983, Attachment A, Page 2 o11
Total Budget by Task: This should correspond tivith the tasksiactivities identified and described
above.
Task
Construction and
Demolition
Total:
ect Total:
Measures of Success:
DEP Grant Matching Funds and Source
Funding Matching FundsFand/a
ce of Funds
100,000 33,00ty Sales Tax
ue, Non Ad
em
sments
State
ing FundFRUFC Funding) by these
1. Completion of the collection systems and commencement of customer hook up.
Note that any changes to the Grant Work Plan Project Budget (of more than 10% in any line
item), scope of work, or timelines shall require Department approval and amendment to the grant
agreement.
DEP Agreement 8983, Attachment A, Page 3 of
ATTACHMENT B
Disbursement Request Package
Legislative Projects (LP) Grants
I • Grantee/Recipient MONROE COUNTY
2. Project Number LP8983 Date of Request
3. Disbursement Request Number
Required Match
4. Type of Request: Partial ❑
❑ Final
5. Federal Employer Identification Number
6. Mail ❑ EFT ❑ Send Remittance to:
Disbursement Details
(cumulative amounts rounded to the nearest dollar)
I. Professional Services (attach invoices)
2. Construction and Demolition (attach invoices)
3. Equipment (attach invoices)
4. Land (attach invoices)
5. Other (list - must be specified in agreement)
6. Total cumulative to date
7. Disbursements previously requested
8. Amount requested for disbursement (line 6 minus line 7)
Requests for Invoices already Paid:
Requests for Invoices not yet Paid:
1) Copy of Invoice
2) Proof of Payment 1) Copy of Invoice
2) Advance Payment Justification (one per quarter)
3) Advance Payment — Interest Earned (after initial advance)
*If prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the
prior payment will be required before this request can be disbursed.
** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: **
Florida Department of Environmental Protection
Bureau of Water Facilities Funding NIS 3505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LP8983, Attachment B, Page I of 3
Grant Manager's Certification
of Disbursement Request
(name of Grantee's Grant Manager designated in the Agreement)
on behalf of
do hereby certify that:
(name of Grantee/Recipient)
1. The disbursement amount requested on Page I of this form is for allowable costs for the project described in the
Agreement;
2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been
satisfactorily purchased, performed or received, and applied toward completing the project; such costs are
documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records;
3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts;
4. All funds received to date have been applied toward completing the project; and
5. All permits and approvals required for the construction which is underway have been obtained.
( Signature of Grant Manager)
(Date)
DEP Agreement No. LP8983, Attachment B, Page 2 of 3
Engineer's Certification
of Disbursement Request
I' (name of Professional Engineer) , being the Professional Engineer retained by
(name of Grantee/Recipient) am responsible for overseeing construction of the
project described in the Agreement and do hereby certify that:
1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased
or received and applied to the project in accordance with construction contract documents filed with and previously
approved by the Department of Environmental Protection;
2. Payment is in accordance with construction contract provisions;
3. Adequate construction supervision is being provided to assure compliance with construction requirements and
Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate;
4. Construction up to the point of this disbursement is in compliance with the contract documents;
5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all
change orders have been submitted to the Department; and
6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose
(since issue of the pertinent Department permit) have been identified in writing to the Department or are identified
and attached hereto.
Signature of Professional Engineer
Firm or Affiliation
(Date) (P.E. Number)
DEP Agreement No. LP8983, Attachment B, Page 3 of 3
ATTACHMENT C
PROGRESS REPORT FORINJ
DEP Agreement No.: LP8983
Grantee Name: MONROE COUNTY
Grantee Address:
Grantee's Grant Mana er:
Tele hone No.:
uarterl Re ortin Period:
Project Number and Title:
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
Provide an update on the estimated time for completion of the project and an explanation for
any anticipated delays.
Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
DEP Agreement No. LP8983, Attachment C, Page I of 2
(continued from page 1)
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., report data sets, links to on-line photographs, etc.)
Provide a project budget update,
B
Total Project
)aring the project budget to actual costs to date.
Expenditures
Prior to this Expenditures
Reporting this Reporting Project Funding
Period Period
Balance
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
LP8983 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. LP8983, Attachment C, Page 2 of 2
ATTACHMENT D
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department'; DEP'; "FDEP" or "Grantor", or other name in the contract,'agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 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/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 reciient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necep
ssary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expen
year, the recipient shall consider all sources of Federal awards, including Federal resourceded in its fiscal
s 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. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part.
2• In connection with the audit requirements addressed in Part I, paragraph L, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3• If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB 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 http://12.46 245 173/cfda/cfda html.
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
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
DEP Agreement No. LP8983, Attachment D, Page I of 5
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement 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 shall consider all sources of State
financial assistance, including State financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass -through awards and resources received by a nonstate entity for Federal program
matching requirements.
2• In connection with the audit requirements addressed in Part 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 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 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 must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at hM2s://arms fldfs com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at hqp://www.leg state fl us/Welcome/index c
httite at
p://www.mvflorida com/, Department of Financial Services' Website at http://fh-4 State of www fldfs om/sand the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-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
DEP Agreement No. LP8983, Attachment D, Page 2 of 5
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f)OMB Circular A-133, as revised.
Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), ONIB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
S. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
DEP Agreement No, LP8983, Attachment D, Page 3 of 5
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 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 LEFT BLANK
DEP Agreement No. LP8983, Attachment D, Page 4 of 5
ATTACHMENT E
ADVANCE PAYMENT — INTEREST EARNED MEMORANDUM
TO: RETURN WHEN REPORTING OR REMITTING, PLEASE A COPY OF THIS REQUEST
FROM: Darinda McLaughlin, Finance and Accounting Director
Bureau of Finance and Accounting, MS 78
DATE
SUBJECT: Advance Payment - Contract No.
Interest Due to DEP:
Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account
until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due,
advance approval of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed
for our records no later than
Initial advance funding disbursed
Advanced funds principle expended or returned by contractor covering period of
to
E3
Balance advance funding principle available
3. Interest earned on advanced funds covering period of to
4. Amount of interest paid to DEP as of
m
5. Interest balance due to DEP as of
(Project Manager's Signature) (Date)
Special Instructions: If the grant/contract specifies that any accrued interest, which is based upon a grant/contract advance a
will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items 1 ands2
only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3,
4, and 5. Items 3, 4, and 5 will be the life to date interest
If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines i and 2.
n all cases the line 1 and 2 reported amounts are on a cash basis for the advance payment princiRle. Do not include receivables,
>ayables, or interest previously paid to DEP.
f the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items I through 5 for each
uarterly report.
iyments of interest due to DEP shall be paid within the specifications of the contract/grant.
lank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452
the Contracts Disbursement Section.
?P Agreement No. LP8983, Attachment E, Page 1 of i
ATTACHMENT F
ADVANCE PAYMENT ]USTIFICATON FORM
Use of this form is not required unless the advance requested requires the prior approval of the State Chief Financial
Officer. For advance requests that are equal to or less than the purchasing threshold of category two as defined in
Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14),
Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly
identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior Chief
Financial Officer's approval.
Name/Address of the Vendor/Recipient:
Contact Person/Phone No..
Agreement No./Purchase Order No. (if known):
LP8983
Commodities/Services/Project Description:
Organizational Structure
i.e. local ov't non- rofit cor ration etc.
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover:
90 days startup
Full Contract Period
Indicate Statutory Authority.
❑ uarte 1v
215.422, F.S
Other s eci
GAA Year and Line Item Info:
SFY:
LJ 216.181, F.S.
1. Reason advance payment is required:
Line Item:
2. The following information required for advances requested pursuant to 215.422, Florida Statues
(and the Reference Guide for State Expenditures) which exceed the purchasing threshold of category
two as defined in 287.017 Florida Statues.
A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or
greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent
(%) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by
the State, information may be obtained from the Department of Financial Services, Division of Treasury at
850/413-3165 regarding the current Treasury earnings rate.
B. Document, if applicable, how the goods or services are essential to the operation of the Department and why
they are available only if advance payment is made:
EP Agreement No. LP8983, Attachment F, Page 1 of 3
C. Identify the procurement method used to select the vendor.
3. The following information required for advances to Governmental Entities and Non -Profits pursuant
to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid
.Appropriation Categories 05XXXX or 14XXXX
A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit
interest earned to the Department on a quarterly basis.
Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the
advanced funds:
Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP
Agreement (or Contract) No., and 3) be forwarded to the following address:
Florida Department of Environmental Protection
Bureau of Finance and Accounting
Receipts Section
P.O. Box 3070
Tallahassee, Florida 32315-3070
B. A letter requesting advance payment from the recipient, on its letterhead, must be attached.
EP 55-222 (03-02)
EP Agreement No, LP8983, Attachment F, Page 2 of 3
3. The recipient must provide an estimated budget for each quarter covered by the agreement. The
summary information should include salaries, fringe benefits, overhead, contracts (specify services to
be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and
other costs.
A sample summary format is provided below. The summary should include the breakdown for each quarter of the
agreement period.
First Quarter Second Third Quarter I Fourth Quarter
�uar*ar
(list services and estimated
Equipment
(identify each item and cost)
SuDDI1LC
Certification Statement
The forgoing information is presented to the Florida Department of Environmental Protection in Support
request for advance payment. I certify that the information provided accurately reflects the financial
issues facing the entity at this time.
By:
Type Name of Signatory:
or
i:1
Recommendation:
By:
Type Name of Signatory:
❑ Approve Request
Date
❑ Deny Request
Date
Division:
The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The
Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review
and legislature consultation as ; opriate
Bureau of Finance & Accounting Use Only
EP 55-222 (03-02)
3P Agreement No. LP8983, Attachment F, Page 3 of 3
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