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.