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HomeMy Public PortalAbout1999-64 Authorizing project agreement between VKB and the Florida Department of Environmental Protection (DEP)RESOLUTION NO. 99-64 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED PROJECT AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) BUREAU OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM ESTABLISHING STATE COST - SHARING COMMITMENTS AND PROJECT IMPLEMENTATION RESPONSIBILITIES FOR THE VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has historically supported beach preservation through dedicated funding, resolutions and preparation for the pending beach nourishment; and WHEREAS, the Village Long Range Beach Nourishment Plan, adopted via Resolution 97-55 on October 28, 1997, recommends that the Village beach be nourished with approximately 120,000 cubic yards of sand to restore the storm protection and recreational benefits of the original 1987 beach restoration; and WHEREAS, pursuant to Chapter 161, Florida Statutes, the 1998 State Legislature appropriated $1,189,000 to provide the State share of the estimated $2,670,000 project cost (see attached chart). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached project agreement, on behalf of the Village, with the Florida Department of Environmental Protection (DEP) Bureau of Beaches and Coastal Systems Florida Beach Erosion Control Program establishing State cost -sharing commitments and project implementation responsibilities for the Village of Key Biscayne Beach Renourishment Project. Section 2. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of July , 1999. ATTEST: Offrkill ki 4.go eta 1(:)--A, / CONCHITA H. ALVAREZ, CM VILLAGE CLERK APPROVED AS T • FORM AND LEGAL SUFFIC MAYOR JOE I. RASCO -- RICHARD J • Y _. ILL • GE ATTORNEY DEP Contract No. 99DA1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM Project Agreement THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the Village of Key Biscayne (hereinafter referred to as the "LOCAL SPONSOR") for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Chapter 161, Florida Statutes, provides financial assistance to eligible local governments for beach erosion control activities under the Florida Beach Erosion Control Program; and WHEREAS, the LOCAL SPONSOR has the capabilities of performing the tasks associated with the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the Village of Key Biscayne Beach Nourishment Project, (hereafter referred to as the PROJECT), as defined as Exhibit "A", the Scope of Work, and the LOCAL SPONSOR does hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 3. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 4. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the beach nourishment of 1.2 miles of Atlantic coast shoreline located in Dade County between DEP reference monuments R-102 and R-108. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified below. Written authorization to initiate each item must be obtained from the Page 1 of 8 DEP Contract No. 98PB2 DEPARTMENT prior to the initiation of said item. 5. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are: Task # Eligible PROJECT Items 1. Eng., Design & Permitting 2. Construction 3. Monitoring TOTAL State 175,000 1,000,000 14,218 $ 1,189,218 ESTIMATED PROJECT COSTS Local 175,000 1,000,000 14,218 $ 1,189,218 Total 350,000 2,000,000 28,436 $ 2,378,436 6. The DEPARTMENT's financial obligation shall not exceed the sum of $1,189,218 for this phase of the PROJECT or up to 50% of the non-federal PROJECT cost for the specific eligible PROJECT items listed above, whichever is less. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the above eligible PROJECT items listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated PROJECT costs shall be provided through amendments to this Agreement. 7. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Funding for this PROJECT is subject to the release of funds appropriated to the DEPARTMENT for the fiscal year 1998-99. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. 8. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Exhibit "B", for beach use throughout the life of the PROJECT, defined as five (5) years. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the roadway for the life of the PROJECT. 9. Pursuant to Section 215.422, Florida Statutes, the DEPARTMENT's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the DEPARTMENT must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given fifteen (15) days to Page 2 of 8 DEP Contract No. 98PB2 issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a LOCAL SPONSOR for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a LOCAL SPONSOR is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 10. As consideration for the work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for contractual services rendered. The LOCAL SPONSOR will submit a request for reimbursement of funds on such forms as attached hereto in Exhibit "C", not more frequently than quarterly. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Administrator and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. Quarterly progress and financial reports, as specified in Paragraph 12 of this Agreement, must accompany all requests for reimbursement. The DEPARTMENT's Project Manager has 30 days after receipt of the billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable Scope of Work for said item. All reimbursement requests shall be submitted in sufficient detail for a proper pre -audit and post -audit review. Reimbursement requests for payment to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the LOCAL SPONSOR. Travel expenses and per diem must be documented by a State of Florida Travel Voucher with appropriate receipts. All requests for reimbursement of travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 11. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the LOCAL SPONSOR, interest at a rate as established by Section 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a LOCAL SPONSOR requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has Page 3 of 8 DEP Contract No. 98PB2 been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term 'of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT's Contracts Section at 850/922-5942. 12. The LOCAL SPONSOR shall submit to the DEPARTMENT quarterly progress and financial reports for the duration of this Agreement. Reports shall be submitted on such forms as attached hereto in Exhibit "D" no later than January 15, April 15, July 15, and October 15, of each year in which the project is underway. Progress reports shall describe the work performed since the last report and the percent completion of the task. Financial reports shall be consistent with progress reports. 13. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Exhibit "E". A final PROJECT certification inspection will be made by the DEPARTMENT within 60 days after the PROJECT is certified complete by the LOCAL SPONSOR. 14. This Agreement shall begin on the last date executed and end on September 30, 2002. Pursuant to Section 161.101 (15), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1, 1998, shall be eligible for cost sharing by the DEPARTMENT. 15. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. The DEPARTMENT shall review and approve in writing all proposed subcontracts prior to the execution of the subcontract by the LOCAL SPONSOR and subcontractor. 16. The LOCAL SPONSOR shall have in place quality assurance procedures that insure that proper quality control measures are incorporated into all work performed under the terms of this Agreement. The DEPARTMENT shall review and approve in writing a quality assurance program prior to the initiation of the PROJECT. 17. The provisions of Chapter 62B-36, Florida Administrative Code, entitled Florida Beach Erosion Control Assistance Program, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 18. The DEPARTMENT's Project Manager is Phil Flood, or his successor. 19. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. Page 4 of 8 DEP Contract No. 98PB2 However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 20. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in Paragraph 21. 21. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR James DeCocq Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5500 DEPARTMENT Phil Flood Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 310 Tallahassee, Florida 32399-3000 (850) 487-1262, ext. 168 22. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in conjunction with this Agreement. 23. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the LOCAL SPONSOR shall provide to the DEPARTMENT an audit of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes. The DEPARTMENT reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes. Copies of the required audit, shall be sent to each of the following within thirteen (13) months after completion of the LOCAL SPONSOR's fiscal year in which the Agreement was completed. Page 5 of 8 DEP Contract No. 98PB2 Phil Flood Department of Environmental Protection 3900 Commonwealth Blvd., MS 310 Tallahassee, Florida 32399-3000 Audit Director Department of Environmental Protection 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor General is provided as Exhibit "F". Although this document is provided as an attachment to this Agreement, the LOCAL SPONSOR acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, the LOCAL SPONSOR agrees to comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement. 24. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 25. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 26. The LOCAL SPONSOR 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. 27. 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 if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining Page 6 of 8 DEP Contract No. 98PB2 provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 28. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 29. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 30. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 31. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 32. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 33. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR 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 LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 34. The LOCAL SPONSOR warrants and represents that it is self - funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 35. The purchase of non -expendable equipment costing $500 or more is not authorized under the terms and conditions of this Agreement. 36. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general Page 7 of 8 DEP Contract No. 98PB2 scope of this Agreement (e.g., specifications, time, 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 which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 37. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 38. 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. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. VILLAGE OF KEY BISCAYNE B Date: DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secreary or designee Date: 7/'2?/99 ntract Manager APPROVED AS TO FORM AND LEGALITY: DEP Attorney *If someone other than the Mayor signs the project agreement, a resolution, statement or other documentation authorizing that person to sign the agreement on behalf of the County must accompany the agreement. Page 8 of 8 DEP Contract No. 98PB2 LIST OF EXHIBITS A Scope of Work B Funding Eligibility C Payment Request Forms D Progress and Financial Reporting Forms E Project Completion Certification F Chapter 10.600, Rules of the Auditor General EXHIBIT A EXHIBIT A SCOPE OF WORK The Key Biscayne Beach Nourishment Project shall be conducted in accordance with the terms and conditions set forth under DEP Contract No. 99DA1. The project consists of the beach nourishment of the beach and dune system along approximately 1.2 miles of Atlantic shoreline in Dade County located between DNR reference monument R-102 and R-108. Restoration of the beach, and associated activities, shall be conducted in accordance with any and all required permits issued by the Department. Project items eligible for reimbursement by the Department will consist of the tasks described below. 1. Engineering, Design and Permitting Professional services required for the preparation of plans and specifications. These services include the use of subcontractors such as surveyors, geotechnical services, aerial photographic services, property appraisers, etc. 2. Construction Work performed and costs incurred associated with the placement of fill material within the project area. Eligible costs include mobilization, demobilization, beach fill, tilling and scarp removal. A detailed description of construction methods, specifications, and timelines, must be submitted to the Department and approved in writing prior to initiation of construction activities. Construction shall be conducted in accordance with any and all permits issued by the Department. 3. Monitoring A monitoring plan shall be developed consistent with the requirements specified in any and all permits issued by the Department. As a minimum, the plan shall consist of: 1. topographic and bathymetric profile surveys, 2. bathymetric surveys of the borrow area, 3. post construction sediment samples, 4. marine turtle nesting activity, and 5. compaction surveys. The monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area. Project Deliverables A. Reports - Unless otherwise noted above, two copies of all written reports developed under this Agreement shall be forwarded to the Department upon completion of the project. B. Additional Data - Two sets of all data (i.e., aerial photography, survey data, etc.) developed as a result of this Agreement shall be provided to the Department upon completion of the project. Data Development All data developed as a result of this Agreement shall be developed in accordance with standard formats acceptable to the Department. Survey work to be performed shall meet the minimum technical standards for surveys in accordance with Chapter 61G-17, Florida Administrative Code. All monumentation set or points of origin established shall be based upon those control markers designated on the most recently recorded legal description of the Coastal Construction Control Line, except that any First or Second Order federal or state horizontal control marker may be used to establish or confirm position and direction and any First, Second, or Third Order federal or state vertical control marker shall be used to establish or confirm elevation. G.P.S., Traverse, and Level Loop information shall be adjusted by Compass, Crandell, or Least Square Method. Detailed field notes and computation records shall be kept of the survey and copies shall be made available to the Department upon request. Abstracts of all monumentation or points of origin shall be submitted in digital form and contain at a minimum all field requirements for the Department's Monument Information Tracking System. All profile data shall be submitted in digital form and conform to the standard formats acceptable to the Department. All information submitted shall also be in electronic format, and shall be based on the 1983/1990 North American Datum and State Plane Coordinate system. This information shall be submitted in a .DXF format. EXHIBIT B FUNDING ELIGIBILITY KEY BISCAYNE BEACH NOURISHMENT PROJECT Project Boundary: 680 feet north of R-102 to 180 feet north of R-108 Approximate Shoreline Length: 6,400 feet Public Access Parking Spaces Crandon Park 100 East Heather 25 Cape Florida 100 Areas determined to be publicly accessible: 680 feet north of R-102 to 180 feet south of R-108 Total eligible shoreline length: Total project shoreline length: 6,400 feet. 6,400 feet. Percent eligible for State funding: 100% EXHIBIT C PAYMENT REQUEST FORMS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT Name of Project: Key Biscayne Beach Nourishment Project Grantee: Village of Key Biscayne DEP Contract Number: 99DA1 Billing Number: Billing Period: Costs Incurred This Payment Request Contractual Total Cost State Share Local Share Cost Summary State Funds Obligated $ 1,189,218 Less Previous Payment Less This Payment Less Retainage (10%) Less Previous Retained State Funds Remaining Local Funds Remaining Local Funds Obligated Less Previous Credits Less This Credit $ 1,189,218 Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal System's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM CONTRACTUAL SERVICES Name of Project: Key Biscayne Beach Nourishment Protect Grantee: Villaqe of Key Biscayne DEP Contract Number: 99DA1 Billing Number: Billing Period: Summary of Invoices Date of Invoice Amount of Invoice Number Invoice Name of Vendor Check Amount Number Paid Vendor TOTAL $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation attached hereto and are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date EXHIBIT D PROGRESS AND FINANCIAL REPORTING FORMS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY PROGRESS REPORT Name of Project: Key Biscayne Beach Nourishment Project Grantee: Village of Key Biscayne DEP Contract Number: 99DA1 Quarterly Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) 1. Engineering, Design and Permitting 2. Construction 3. Monitoring FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY FINANCIAL REPORT Name of Project: Key Biscayne Beach Nourishment Project Grantee: Village of Key Biscayne DEP Contract Number: 99DA1 Quarterly Report Period: Project Expenditures Costs Incurred Costs Incurred Total Funds Eligible Project Items This Ouarter to Date Obligated Eng., Design & Permitting $350,000 Construction 2,000,000 Monitoring 350,000 TOTAL 2,378,436 EXHIBIT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: Key Biscayne Beach Nourishment Project Grantee: Village of Key Biscayne DEP Contract Number: 99DA1 I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Administrator Administrator Signature of Project Date Page 1 o f 1 EXHIBIT F CHAPTER 10.600, RULES OF THE AUDITOR GENERAL RULES OF THE AUDITOR GENERAL CHAPTER 10.600 AUDITS OF STATE GR UND ANTS AND AIDS APPR FR SFCTIaN 216.349 PRiATIONS FLORIDAFLU STATUTES EFFECTIVE 9.-30-97 ) Page 1 of 5 RULES OF THE AUDITOR GENERAL CHAPTER 10.600 TABLE OF CONTENTS Rule Section No. Description Page PREFACE TO RULES 2 10.610 DEFINITIONS 3 10.620 AUDIT REQUIREMENTS 4 10.630 EFFECTIVE DATE • 4 APPENDIX 5 PREFACE TO RULES Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and aids appropriations from State agencies. The grants and aids appropriations referred to in Section 216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations act. The beginning point of any audit required by this section of law should be a determination of which State moneys received by the auditee are grants and aids appropriations as described above. The Auditor General has no authority or responsibility to determine which grants and aids are covered by this section of the Florida Statutes. Because of responsibilities assigned to the administering State agency and the Comptroller of the State of Florida, either or both should be able to assist the auditee in determining which grants and aids come under Section 216.349. Florida Statutes. The administering State agency should also be consulted regarding any specific form requirements for the required report and schedule. These rules apply only to grants made by State agencies from appropriations designated as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from sources of money other than those designated as "grants and aids" in a Florida appropriations act: There may be occasions when State grants and aids appropriations moneys received from a State agency include Federal moneys. Certain changes to these rules have been made to assist State agency Federal award pass -through recipients in their effort to implement new Federal requirements (i.e., Single Audit Amendments of 1996 and revised OMB Circular A-133) while still complying with the Section 216.349, Florida Statutes, requirements. The most significant change to these rules is the requirement that the auditor conduct an examination in accordance with AICPA attestation standards and issue an examination attestation report addressing compliance with the grant requirements. Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine the recipient' s compliance with the grant provisions (including a determination of whether the grant funds were used for authorized purposes), an examination conducted in accordance with AICPA attestation standards should be sufficient to meet this objective. AICPA attestation standards are not significantly different from AICPA auditing standards and the level of audit work necessary to meet this objective would not vary significantly whether done as part of an audit or as*part of an attestation engagement. An examination done in accordance with AICPA attestation Pagc 2 of 5 standards provides a high level of assurance (Le., an opinion) and should satisfy the monitoring needs of pass -through Federal award recipients. Examinations intended to satisfy such monitoring needs would be limited to the five types of compliance requirements specified in OMB Circular A- 133 for limited scope audits. Another advantage of an examination conducted in accordance with AICPA attestation standards is that the auditor' s examination attestation report is essentially the same regardless of whether or not the grants and aids recipient is a local government, not -for-profit or for-profit organization, or had a financial statement audit. The use of the same report to satisfy applicable Federal subrecipient monitoring requirements and/or State grants and aids appropriations audit requirements should ease administrative burdens . imposed on State agencies. The basis for determining which Federal award recipients are required to have a Federal single audit (i.e., amount of Federal awards expended) differs from the basis for determining which grants and aids recipients are required to provide for an.audit pursuant to Section 216.349, Florida Statutes (i.e., the amount of grants and aids moneys received). Accordingly, Federal award .recipients required to provide for an audit pursuant to the Federal Single Audit Act must prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients required to provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a schedule of State financial assistance. Because information required for a schedule of expenditures of Federal awards differs from that required for a schedule of State financial assistance, State grants and aids moneys that involve Federal awards will have to be included on the schedule of expenditures of Federal awards (when that schedule is required pursuant to the Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State financial assistance should be footnoted to indicate the extent of duplication of moneys on the two schedules. • The auditor must determine from the grant agreement and/or inquiries with the granting agency the level or amount of testing necessary to report on whether or not the expenditures of the grants were in accordance with all legal and regulatory requirements and that the funds were not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency. Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State requirements at the same time. However, as stated earlier, these rules do require a schedule of State financial assistance and the auditor' s examination attestation report should refer specifically to the schedule of State financial assistance. The schedule of State financial assistance should clearly distinguish State grants and aids moneys from other State financial assistance. Nothing contained in these rules precludes a State granting agency from imposing requirements that are in addition to those specified in these rules. History: New 06-30-93 Amended 06-30-94. 06-30-95. 09-30-97 10.610 DEFINITIONS (1) As used in these Rules, the term: (a) "Local governmental entity" means a county agency, municipality, or special district or any other entity (other than a district school board or community college), however styled, that independently exercises any type of governmental function. (b) "Nonprofit organization" means any organization which meets the definition of a not -for- profit organization provided in Financial Accounting Standards Board Statement 116, Appendix D. (c) "For-profit organization" means any organization which is not a governmental entity or a nonprofit organization. General Authority and Law implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes. History: New 06-30-92 Amended 06-30-93, 06-30-94. 06-30-95, 09-30-97 Page 3 of 5 10.620 AUDIT REQUIREMENTS (1) When an audit is required pursuant to Section 216.349, Florida Statutes, the audit shall be an examination conducted in accordance with attestation standards promulgated by the American Institute of Certified Public Accountants. Grantor State agencies may also impose additional requirements. (2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a schedule of State financial assistance which meets the requirements of the granting agency(s) and a written report which includes an opinion on management' s assertion about the entity' s compliance with grant requirements. Additionally, the report should refer to the schedule of State financial assistance and should indicate whether, in the auditor' s opinion, the applicable management assertions are fairly stated in all material respects. General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes. History: New 06-30-92 Amended 06-30-93. 06-30-94, 06-30-95, 09-30-97 10.630 EFFECTIVE DATE These Rules, as amended, shall take effect September 30, 1997, and are applicable to audits for fiscal years ending September 30, 1997, and thereafter. General Authority and Law implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes. History: New 06-30.92 Amended 06-30-93, 06-30-94.06-30-95. 09-30-96. 09-30-97. Renumbered 09-30-97 (formerly 10.640) Page 4 of 5 APPENDIX EXCERPT FROM FLORIDA STATUTES, 1997 216.349 Financial review of grants and aids appropriations; audit or attestation statement. -- (1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or contract, the state agency, or the judicial branch, authorized by the appropriations act to administer the funds and the Comptroller must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and find that the terms of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. (2) Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45; (b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45 or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. All audits performed or attestation statements prepared under this subsection shall be filed with the granting agency and with the Auditor General. History. — s. 29. ch. 91-109; s. 78, ch. 92-142. Note: The above excerpt from the Florida Statutes is based on Section 216.349, Florida Statutes (1996 Supplement), which was not amended during the 1997 legislative session. The codified 1997 Florida Statutes were not available at the time theses Rules were updated. Pabc5of5 Department of Environmental Protection Certified Mail Mr. James DeCocq Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard David B. Struhs Tallahassee, Florida 32399-3000 Secretary November 10, 1999 RE: Ket Biscayne Beach Nourishment Project Dear Mr. DeCocq: Enclosed for your records is an original grant agreement between the Department of Environmental Protection and The Village of Key Biscayne. The agreement will allow for the reimbursement of funds expended by the Village for the subject project. Under the terms of the agreement, the Village could be eligible to receive up to $1,189,218 in state funds. Please be aware that any work conducted on any eligible project item prior to written authorization by the Department may not be eligible for reimbursement. Should you have any questions, please contact me at 850/487-1262, extension 192, or the Project Manager, Phil Flood, at extension 168. Sincerely, pLavLi2_ Steve Palmer, P.E. Contracts Administrator Office of Beaches and Coastal Systems Enclosure xc: Phil Flood Amy Woodhead, Coastal Systems International file "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper.