HomeMy Public PortalAbout2006-09 DEP AgreementRESOLUTION LUTION NO. O• 2006-9
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE,(/j FLORIDA, ACCEPTING TWO
HUNDRED THOUSAND VTSAND ($200,3100. 0) DOLLAR
STORMWATER DRAINAGE IMPROVE1 TENT GRANT FROM
THE STATE OF FLORIDA PURSUANT TO DEP
AGREEMENT NUMBER LPb107; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, pursuant to DEP Agreement Number LP6107, the Village of Key Biscayne has
been awarded a Two Hundred Thousand ($200,000.00) Dollar Stormwater Drainage Improvement
Grant from the State of Florida pursuant to Line Item 1717A of the 2005-2006 Appropriations Act; and
WHEREAS, the Village Council finds that acceptance of the Grant is in the best interest of
the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BI SCAYNE, FLORIDA, AS FOLLOWS:
Section I. Reci als Adopted, That each of the above stated recitals is hereby adopted and
confirmed.
Section 2. Grant Accepted. That the Grant provided pursuant to DEP Agreement
Number LP6I 07 is hereby accepted and the Village Manager is authorized to execute the Grant
Agreement, in substantially the form attached hereto, on behalf of the Village, upon approval by the
Village Attorney as to form and legal sufficiency.
Section 3. Implementation. That the Village Manager is hereby authorized to take
any action which is necessary to implement this Resolution and the Grant Agreement, including the
expenditure of matching funds for the project as provided pursuant to the Village budget and in
accordance with the procedures of the Village.
Section 4., Effective Date. That this resolution shall be effective im ediately upon
adoption hereof.
PASSED AND ADOPTED this 14th day of March, 2006.
MAYOR ROBERT OLDAKOWSKI
ATT.
CHITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS T + ) ORM AND LEGAL SUF
VILLAGE ATTO E
F:/103.001/Resolution/Accepting $200,000.0 Stormwater Drainage Grant 2,28.06
2
STATE FINANCIAL CIAL ASSISTANCE AGREEMENT
AMENDMENT 2 TO GRANT ASSISTANCE AGREEMENT LP6107
VILLAGE OF KEY BISCAYNE
PURSUANT TO LINE ITEM 1821 OF TIlE 2006 w 2007 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT as entered into June 6, 2006 between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP") and the VILLAGE OF
KEY BISCAYNE (hereinafter referred to as "Grantee" or "Recipient") is hereby amended.
WHEREAS, paragraph 2 allows for the inclusion of additional services if additional funding is made
available; and,
WHEREAS, the Legislature provided additional funds for the project; and
WHEREAS, the Department desires to add funds for an additional service period to extend the Agreement
period to December 31, 2008; and,
WHEREAS, other changes to the Agreement are necessary.
NOW THEREFORE, the parties hereto agree as follows:
Paragraph 2 is hereby revised to extend the completion date of the Agreement from December 31, 2007 to
December 31, 2008.
2. Paragraph 3A is hereby revised to increase the maximum compensation amount of the Agreement from
$200,000 to $700,000 (an increase of $500,000). The parties hereto agree that the Grantee is responsible for
providing an additional match of $500,000, for a total match amount of $700,000 toward the project
described in Attachment A-1.
3. Paragraph 9 is hereby revised to change the website listed to https://apps..ldfs.com/fsaa.
4. Attachment A-2, Revised Project Work Plan is attached hereto and made a part of the Agreement providing
for the additional funds appropriated. All references in the Agreement to Attachment A shall hereinafter
refer to Attachment A, Attachment A-1, and Attachment A-2, Project Work Plans.
5. Attachment D, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment
P -I, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All
references in the Agreement to Attachment D shall hereinafter refer to Attachment D-1, Revised Special
Audit Requirements,
In all other respects, the Agreement of which this is an Amendment and attachments relative thereto, shall
remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No,126107, Amendment 2, Page 1 of 2
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below by the Deputy Director of the Department.
VILLAGE OF KEY BISCAYNE
By:
01
Date:
age Manager
Attachments/Exhibits included as part of this Amendment:
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Deputy Director
Division of Water Resource Management
MAY 2 9 200,
Date:
Specify Letter/
Type Number Description (including number of pages)
Attachment A-2 Revised Project Work Plan - (2 Pages)
Attachment D-1 Revised Special Audit Requirements (5 Pages)
DEP Agreement No. LP6 1 07, Amendment 2, Page 2 of 2
A TTACI- MENT A-2
REVISED PROTECT WORK PLAN
Please complete this form with as much detail as possible
GRANTEE/PROJECT INFORMATION:
Grantee:
Project Title:
I DEP Grant #:
Village of Key Biscayne
LP6107
Storrnwater Project
II. FUNDING PLAN:
2006-2007 LP Grant
Category of Expenditure Funds Provided
s
2006-2007
Match Required
;
; Tote. 2006-2007
Fundin
Professional Services 30,500
30,500
61,000
1,400,000
Construction & Demolition
469,500
930,500
Land _�
i33
}
: Equipment
i
Other (Specify)
Total 500,000
961,000 1,461,000
III. SCOPE OF WORK: (e.g., specifications, task timeline within current authorized Agreement period,
method or manner of performance, requirements, quarterly cash needs, etc.)
The Village of Key Biscayne has been working with 'I'etratech on the stormwater project. This phase
of the project includes Buttonwood, Glenridge and Woodcrest. Tetratech is in the process of
completing the plans and specifications to go out to bid. The Bid documents will be ready for pick up
by May 21, 2007. The Village expects to award the contract at the July 2, 2007 meeting and work to
commence in August 2007.
An estimated project timeline is as follows:
Item
Task l : Plans and specs available at Village clerk's office
Task 2: Pre -bid Conference
Task 3: Opening of Bids
Task 4: Award contract at Council meeting
IV.. PROJECT MILESTONES:
(i.e. timelines, contracts, if funded in prior year(s) where is the project now
If the scope of work includes construction:
Estimated Construction start date:
Estimated scope of work completion date:
If e scope is only for preconstruction work:
Estimated scope of work completion date:
August 2007
December 20(
Completion Date
May 21, 2007
June 4, 2007
June 15, 2007
July 2, 2007
/Per/
Y LOCAL MATCH & OTHER GRANT FUNDS:
List the sources and amounts for all funds being used to fund this project.
SOURCE
AMOUNT(S)
2QQ5-2QQ7 LP grant
50 AO
2006-2007 Match
Village of Key Biscayne
961,000
Total Pro'ect Cost
1,46 ,000
ATTACHMENT P -I
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Depat tment of Environmental Protection (which may be re!erred 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 Depa, tueient 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 Depattierent 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 1: 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 I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection
by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all
sources of Federal awards, including Federal 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. 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 1., 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
LIMB 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 Do estic Assistance (CFDA) via
the internet at http://12.46,245,173/efda/cfda,html.
PART IL STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in
any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General. 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.
DEP Agreement No. LP6107, Attachment 1)41, Page 1 of 5
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a 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 https://apps.fldfs.com/fsaal or the Governor's Office
of Policy and Budget website located at http://www.ebudget.state.faus/ for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http://www.leg.state.fl.us/Welcome/index.cf;n, Governor's Website http://www.myflorida.com/,
Department of Financial Services' Website http://www.fldfs om/ and the Auditor General's Website
http://www.state.fl.us/aud_gen/pages/fisaa.htm,
PART HI: 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
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road -
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (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 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320
OMB Circular A-133, as revised.
d
(0),
2. 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), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
DEP Agreement No. LP6107, Attachment D-1, Page 2 of 5
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
13. 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
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, 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. LP6107, Attachment D-1, Page 3 of 5
ART 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.126107, Attachment D-1, Page 4 of 5
EXHIBIT — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Funds Awarded to the Reel lent Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
_
State
Appropriation
Cate or -
State Funds Aw
Federal
Program
Number
tied to the Recipient Pursuant to this Agree
Federal Agency
CFDA
ent Con
1st of the Folio
lag Matching .Funds for Federa
CFDA Title
roorams:
Fundin€- Amount
State Funds Awarded to the Recipien
State
Program
Number
Original
Agreement
Amend 1
Pursuant to this Agreement Consist
Original Agreement
State
Fiscal Year
LI 1717A — Ecosystem 2005-2006
Management & Restoration TF
LI 1821— Ecosystem
Management & Restoration IT
Catalog of
State
Financial
Assistance
Number
37.039
2006-2007
37.039
the Following Funds Subject of Section 215.97, F.S.:
CSFA Title
or
Funding Source Description
Statewide Surface Water Restoration
and Wastewater Projects
Statewide Surface Water Restoration
and Wastewater Projects
State
Appropriation
Cate„ory
State
Appropriation
Funding Amount Category
$200,000 140047-06
$500,000
t40047-07
Total Award $700,000
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDAA)
[http://aspe.os.dhhs.gov/cfda] and/or the Florida Catalog of State Financial Assistance (CSFA)[http://sun6.dms.state.il.us/fsaa/i, The services/purposes for which the
funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No. LP06107, Attachment D, Page 5 of 5