Loading...
HomeMy Public PortalAbout2008 Proposed Grant for KB Wastewater Improvement Project.pdfFlorida Department of Environmental Protection Charlie Crist Governor feff Kottkamp Lt. Covernor MichaelW. Sole Secretary Bob Martinez Center 2600 Blair Stone Road Tal lahassee, Florida 32399 -240O April28,2008 Mr. Jose Lopez, Owner Representative Village of Key Biscayne 88 West Mclntyre Street Key Biscayne, Florida 33149 Re: LP6835 - Village of Key Bisca¡me Key Bisca¡me Sanitary Sewer Dear Mr. Lopez: Enclosed are two original copies of the proposed Legislative Project grant agreement for the Village's wastewater improvement project. Please have the Village Manager sign on page 6 of the enclosed two copies. Retum both copies to us at 2600Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399-2400. We will arrange for the Deputy Division Director to sign the agreements and mail a fully executed copy to the Village. If you have any questions about the agreement, please call Cory Burke Livingston at 850i245-8358. Sincerely frrr/k/- Robert E. Holmden, P.E., Chief Bureau of Water Facilities Funding RH/cl Enclosures Genaro "Chip" Iglesias - Village of Key Bisca¡me Lourdes Abadin - Village of Key Biscayne "More Protection, Less Process" www.dep.state.fl. us cc hqicct,Q683s ß e Eile Folder ch.2007-72 LAWS OF FLORIDA Ch.2007-72 SECTTON 5 . NATI'RAL RESOT'RCES/ENVIRONIIIEI.¡TIGROWTII MANAGEIIÍENT/TRANSPORTATION Jacksonville Electric Authorlty Transmittal Llne Extênslon.. (JEA) Reclaimed Water i;'i;i' Pil;; : å;¿' P;å j;¿i 500, 000 800, 000Jacksonville Lincoln Villas Lake City Wet Weather Project (Wastewater Treatment Plant). 500,000 Lake Monroe Surface Water Quality Improvements. 4OO,000 Lake Region Ìlater Treatment Plant. 1,500,000 Lake Worth Lagoon Restoratlon. 3,500,000 Lee Wastewater Project. 400,000 Lee County - Popash Creek.. 200,OOO Little Weklva R1ver l{atêr Qualtty Improvement Inltlative Live Oak Public Access WasteÍ,rater Reuse Project. r , 000, 000 250, O00 Lower St. Johns Rlver Basin Initiative..... 12,000,OOO Loxahatchee River Preservatlon Inltiatlve... 3,254,OOO Loxahatchee Slough Brldge Over Northlâke Blvd... 1,500,000 Marathon Wastewater Treatment. 100,000 Medley Flood Mitigatlon Project, 500,000 Miami Beach Stormwater fnfrastructure Improvement Project... 300,000 Miaml River Drêdglng ProJect - Federal Channel Advancê Funding. 5,000,000 Miami Rlver Federal Channel Dredging Project, 800,000 Middle St. Johns River Basin Initiative,... 800,000 Minneola Wastewatêr Reclamation & Recharge Project. 2OO,0O0 Monticello Reuse Project....., 500,000 Moore Haven Stormwater Retroflt Project. 100,000 Myakka River Watershed fnltiative. 50O,O00 iÛtr Niceville Stormwater fmprovements. 5O0,O00 North Bay Vlllage Wastewater Forcemaln & Pump Replacement... 500,000 North Miami Gravlty Sewer System Improvements. 400,000 North Mlami Sanitary Sewer Force Main Improvements... 5OO,O00 North Port Stormwater fmprovements, Phase 3. 4O0,0OO Okeechobee Commerce Center Water Retentlon Installation..... 150,000 Okeechoþee County Wastewater ExpansÍon and Improvements.,,.. 75O,O00 Orlando Orange Blossom Trail Corridor Stormwater Improvements Project, 650,000 Pahokêe Watêr Mâ.in Improvements. 300,000 Palatka Wastewater Plant. . 1 , OOO, OOO Palm Beach County C-51 Sedlment Management Project. 250,000 Palm Beach County Chaln of Lakes Restoratlon.,. 750,000 Palmetto Bay Stormwater System fmprovements. 5O0,O00 Pensacola Bay Restoration. .. . 250,000 Phllllppt Creek Septic System Replacement Program 3,950,000 Plnecrest Potable County Water and Fire Protectlon Improvement Projèct. 500,000 Plant Clty Eastside Canal Stormwater Management Master Plan. 7OO,0O0 Plant City Sydney Road Reclalmed Water Distribution System, Phase I &2.... 200,000 Polt{ City Wastewater Treatment System - Phase I. 1,250,000 ¡¡¡c ùJÞ uEu¡ Riviera Beach Llft StatÍons/Force Maln Improvements..500,000 256 CODING: Language stri€keÊ has been vetoed by the Governor ú.0( , CBIRS Request 267 Community Budget Issue Requests - Tracking ld#267 Village of Key Biscayne Sanitary Sewer Requester: Project Title:Village of Key Biscayne Sanitary Sewer Page I of2 é,?,3Ç Jacqueline R. Menendez Organization: Village of Key Biscayne Date Submitted T2127120062:47:36PM Sponsors:Margolis Statewide Interest: The Village of Key Biscayne is located adjacent to the surface waters of Biscayne Bay and the Atlantic C The development of the wastewater system will significantly decrease the loadings discharged into these Yes Private Organization (ProfTt/Not for Profit): Proiect Description: Installation of sewer facilities for 706 homes that currently operate outside the municipal wastewater sysl replacement of cement asbestos water pipes. Is this a project related to a federal or state declared disaster? No Measurable Outcome Anticipated: connection of sewer facilities for 706 homes Amount requested from the State for this proiect this year: Total cost of the project: $5,500,000 Request has been made to fund: Construction $2,000,000 Recipient Counties: Gov't Entity: Village of Key Biscayne 88 V/est Mclntyre St. Key Biscayne33149 Miami=Dade Contact: Contact Phone: Contact email: Jacqueline R. Menendez (305) 36s-5s00 j menendez@keybiscayne No Yes Construction No What type of match exists for this project? Local, Federal Cash Amount $3,500,000 Was this proiect previously funded by the state? Is future-year funding likety to be requested?Amount: $1,000,000 To Fund: \üas this proiect included in an Agency's Budget Request? Was this project included in the Governor's Recommended Budget?No http://www.flsenate.govldatallPublications/200T lsenatelreports/budget issues/SENReq267F... 51312007 CBIRS Request 267 Is there ä documented need for this proiect?' Documentation: Sanitary Sewer Collection Study Page 2 of2 Yes Was this project request heard before a publicly noticed meeting of a body of elected officials (municipalo county, or Yes state)? Hearing Body: Miami Dade Legislative Delegation Is this a water project as described in Section 403.885, Laws of Florida? Is the project eligible under section 403.885(2)oF.S. to protect public health or the environment; and implement plans developed pursuant to the Surface Water Improvement and Management Act created in part IV of Chapter 373rF.S., other water restoration plans required by law, management plans prepared pursuant to 2.403,067rF.S., or other plans adopted by local government for water quality improvement and water restoration? Is your project addressed in a stateo regional or local plan (such as a S\ilIM Plan, Comprehensive Plan, Local Master Plan, etc.)? Name the plan and cite the pages on which the project is described: Key Biscayne Master Plan cited on page IV-2 Yes Yes Yes Are requesting funding for a stormwater, surface water restoration, or other water management project? No Are you requesting funding for a wastewater proiect?Yes Does your project qualify for funding from DEP's rSmall Community Wastewater Treatment Grant Program' under section 403.1838 F.S.? Have you received or applied for funding for this project from DEPrs State Revolving*o Fund (SRF) program under section 403.1835,F.S.? Is the project under construction? No Have you provided at least 25o/o match (that is, one-quarter of the total project Yes cost identified in this request? Match Amount: 2500000 Match Source: Miami-Dade County Are you requesting funding for a drinking water proiect?No No http:i/www.flsenate.govldata/lPublications/200T lsenatelreports/budget issues/SENReq267F... 51312007 STATE FINANCIAL ASSISTANCE AGREEMENT VILLAGE OF KEYBISCAYNE DEP AGREEMENT NO. LP6835 STATE OF F'LORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1859 OF'THE 2OO7 - 2()()8 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida, 32399-2400 (hereinafter referred to as the "Department") and the VII.LAGE Oþ' KHY IIISCAYNË, whose address is 88 V/est Mclntyre Sfreet, Key Biscayne, Florida, 33149, (hereinafter referred to as "Grantee" or "Recipient"), a local governme:nt under the laws of the State of Florida, to provide funds for the Kay [ìiscalme Sanitary Sewer project. In consideration of the mutual benefits to be derived herefrorn, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably. 2.This Agreement shall begin upon execution by both parlies and end no later than March 31, 20Q9, inclusive. The Grantee shall be eligible for reirnbursement for work perfbrmed on or after July 1,2007. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. J A.As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $500,000 toward the total project cost estimate of $3.605,701. The parties hereto agree that the Graffiee is responsible for providing a mirrirnurn match of $166,667 toward the project described in Attachment A. Written approval from the Department's Grant Manager shall be required for changes between budget categories up to 10% of the total budget. The DBP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Contracts Disbursements Offrce for inclusion in the Agreement file. Changes greale.r than 10o/o will require a formal amendment to the Agreement. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A carmot be accomplished for the current estimated project cost, the parties hereto agree to modiff the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above. B.The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Disbursement Request Package (provided as Attachment B). In addition to the Disbursement Request Package, the Grantee must provide from its accounting systerq a listing of expenditures charged against this Agreement. The listing shall include, at a minimurrl a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with the travel limits established in Section 112.061, Florida Statutes. The Disbursement Request Package must include: (l) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such worþ and the person providing the service or performing the work. If payment is based on an authorized advance for incurred costs, invoices reflecting such costs must be included. After DEP Agreement No. LPó835, Page I of 6 receipt of advance funds the Grantee shall provide proof of payment to the Department within 30 days receipt of advance funds. If payment is based on reimbursement, proof of paym.ent of the invoices is required; and (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Grantee is required to make such payments; and (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with conskuction contract provisions; statrng that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Deparknent construction permit; and (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as rnay reasonably be required by the Department. In addition to the invoicing requirements contained in paragraph 3.8. above, the Departrnent will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldß.com/aadirlreference%5Fguide. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitrnent of future appropriations. Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress reports shall be submitted in conjunction with the Disbursement Request Package, described in paragraph 3.8. If advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 above and on Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph l5). It is understood and agreed by the parties that the term "reporting period" reflects the period of time for which the invoices submitted in the Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. Iiach party hereto agrees that it shall be solely responsible for the negligent or wrongftil acts of its employees ancl agents. However, nothing contained herein shall constitute a waiver by eíthel party of its sovereign immunity or the provisions of Sectionl68.28, Florida Statutes. A.The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfi1l any of its obligations under this Agreement. Prior to termination, the Department C D 5 4 7 6. DEP Agreement No. LP683 S,Page 2 of 6 shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. The Department rnay terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. This Agreement may be unilaterally canceled by the Departrnent for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Afücle I of the State Constitution and Section I 19.07(1), Florida Statutes. A The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and made a part hereof. fxhibit I to Attachment D summarizes the funding sources supporting the Agreement for purposed of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit I must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notiff the Department's Grant Manager identified in this Agreement to request a copy of the updated information. The Grantee is hereby advised that the Fecleral and/or Floricla Single Audit Act Requirements may fui1herapp1yto1orvertiertran'sactionstlratmaybearesultoftlrisAgree@ consider the type of financial assistance (federal anrl/or state) identi{ied in þttachment D, Exhibit I Iwhenmakingitsdeterm.ination.Forfederalfînancialassistance,theGrant@ providecl under OMB Circular A-133, Srrbparl B, Section .__.210 for determining whether the relationship represents that of a subrecipient or venclor. þ'or state financial assistance, the Grantee shall use the form entitled "Checklist for Nonstate Organizatíons Recipient/Subrecipient vs Vendor I)etermination" (form nurnber DI'-S-A2-NS) that can be founcl under the "Links/Forms" sectiou appearing at the f'ollowing website: http ://apps.lldfs.sorn/ßaa The Grantee should confer with its chief financial officer, audit director, or contact the Department lirr assjstance with questions pertaining to the applicability of these requirements. A.The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department's Grant Manager. The Grantee shall submit a copy of the subcontract upon the request of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Departrnent shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B.The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. In accordance with Section216.34'/, Florida Statutes, the Grantee is hereby prohibited fromusing funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. B. 8. 1 B 1 p DEP Agreement No. LPó835, Page 3 of 6 I I / The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subconhacts issued as a result of this Agreement. The Department's Grant Manager for this Agreement is identified below Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: 850-245-8358 Fax: 850-245-8411 Email: thomas.e.williams@dep.state.fl.us The Grantee's Grant Manager for this Agreement is identif,red below Jose Lopez Village of Key lliscayne 88 Vlclntyre Street Key Biscayne, Florida 33149 Phone: 305-365-7581 Fax: 305-365-7757 Email: jlopez@)keybiscayne.fl.gov In accordance with Section 216.181(16)(b), Ftorida Statutes, the Department, upon written request from the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds that has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identiff additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Departrnent's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form (Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting requirements established in paragraphs 3 and 5. To the extent required by law, the Grantee will be selÊinsured against, or will secure and maintain during the life of this Agreement, 'Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such selÊinsurance program or insurançe coverage shall / DEP Agreement No. LP6835,Page 4 of 6 / / / / comply fully with the Florida 'Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Vy'orkers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Departrnent, for the protection of those employees not otherwise protected. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. The Grantee covenants that it presentþ has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. The purchase of non expendable personal propeúy or equipment costing $1,000 or more is not authorized under the terms of this Agreement. The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan withih the general scope of this Agreement (e.g., specifications, task timeline within current authorized agreement period, method or rnanner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 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. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real properfy to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487 -0915. acquisition is not authorized uncler the terms of this Agreement. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modihcations or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK A. B DEP Agreement No. LP6835, Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. VILLAGE OF KEY BISCAYNE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Village Manager*Deputy Director Division of Water Resource Management Tommy Williams, DEP Grant Manager FEID No. *For Agreements with governmental boards/commissions: If someone other than the Village Manager signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Attachment Letlerl Number A Attachment Attachment Attachment Attachment Attachment Description (include number of pages) Project Work Plan (4 Pages) Disbursement Request Package (3 Pages) Progress Report Form (2 Pages) Special Audit Requirements (5 Pages) Advance Payment - Interest Earned Memorandum (1 Page) Advance Pa¡rment Justification Form (3 Pages) B C D E F DEP Agreement No. LP683-5, Page 6 of 6 STATE F''INANCIAL ASSISTA¡ICE AGREEMENT VILLAGE OF KEYBISCAYNE DEP AGREEMENT NO. LP6835 STATE OF FÏ,ORIDA GRÄNT ASSISTANCE PURSUANT TO LINE ITEM 1859 OF THE 2OO7.2OO8 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida, 32399-2400 (hereinafter referred to as the "Department") and the VILLAGE OF KEY BISCAYNE, whose address is 88 West Mclntyre Sfreet, Key Biscayne, Florida, 33149, (hereinafter referred to as "Grantee" or "Recipient"), a local government under the laws of the State of Florida, to provide funds for the Kay Biscayne Sanitary Sewer project. In consideration of the mutual benefits to be derived herefrorn, the Departrnent and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For pu4loses of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably. This Agreement shall begin upon execution by both parties and end no later than March 31,2009, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July l, 2007. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. I 2 3. A.As consideration for the services rendered by the Grantee under the terms of this Agreement, the Departrnent shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $500,000 toward the total project cost estimate of $3,605,701. The parties hereto agree that the Grantee is responsible for providing a minimum match of $166,667 toward the project described in Attachment A. Written approval from the Department's Grant Manager shall be required for changes between budget categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. If the Grantee finds, after receipt of corrpetitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modi$ the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Disbursement Request Package (provided as Attachment B). In addition to the Disbursement Request Package, the Grantee must provide from its accounting systen\ a listing of expenditures charged against this Agreement. The listing shall include, at a minimun¡ a description of the goods or seryices purchased, date of the ûansaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with the travel limits established in Section 112.061, Florida Statutes. The Disbursement Request Package must include: (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be acpompanied by sufficiently itemized summaries of the materials, labor, or services to identi$r the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. If payment is based on an authorized advance for incurred costs, invoices reflecting such costs must be included. After B. I DEP Agreement No. LP6835, Page I of 6 4. 5. receipt of advance funds the Grantee shall provide proof of payment to the Department within 30 days receipt of advance funds. If payment is based on reimbursement, proof of payment of the invoices is required; and (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied t9 the project; that all fr¡nds received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Grantee is required to make such payments; and (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contact provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identiffing all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Departrnent constuction permit; and (4) Such other certificates or documents by engineers, attomeys, accountants, contractors, or suppliers as may reasonably be required by the Departrnent. C.In addition to the invoicing requirements contained in paragraph 3.8. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. D.State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. Progress Beports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress reports shall be submitted in conjunction with the Disbursement Request Package, described in paragraph 3.8. If advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 above and on Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest eamed during the quarter and clearþ indicate the method for repayment of the interest to the Departrnent (see paragraph l5). It is understood and agreed by the parties that the term "reporting period" reflects the period of time for which the invoices submitted in the Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section768.28, Florida Statutes. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department ) 6. 7. A. DEP AgreementNo. LP6835, Page 2 of 6 8. shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Departrnent regarding the reason(s) for termination. B.The Department may terminate this Agreement for convenience by providing the Grantee with thtty (30) calendar days written notice. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(l), Florida Statutes. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and made a part hereof. Exhibit I to Attachment D summarizes the funding sources supporting the Agreement for purposed of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notiff the Departryrent's Grant Manager identified in this Agreement to request a copy of the updated information. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit I when making its determination. For federal financial assistance, the Grantee shall use the guidance provided under OMB Circular A-133, Subpart B, Section -.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall use the form entitled "Checklist for Nonstate Organizations RecipienlSubrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "LinksÆorms" section appearing at the following website: http : i/app s. fl dfs. com/fsaa The Grantee should confer with its chief financial officer, audit director, or contact the Department for assistance with questions pertaining to the applicability of these requirements. A. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Departrnenfs Grant Manager. The Grantee shall submit a copy of the subcontract upon the request of the Departnent's Grant Manager. The Grantee agtees 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 r¡nderstood and agreed by the Grantee that the Departnent shall not be liable to any subcontractor for any expenses or liabilities incuned under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subconhact. B. The Department of Environmental Protection supports diversþ in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the firll diversþ of the citizens of the State of Florida. The Department will be glad to fi¡mish a list of minority owned businesses for consideration in subcontracting opportunities. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislahue, the judicial branch or a state agency. 9 A. 10. ll B DEP Agreement No. LP6835, Page 3 of 6 t2 The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subconhacts issued as a result of this Agreement. 13. The Departrnent's Grant Manager for this Agreement is identified below TommyWilliams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, X'lorida 32399-2400 Phone: 850-245-8358 Fax: 850-245-8411 Email: thomas.e.williams@dep.state.fl.us 14. The Grantee's Grant Manager for this Agreement is identifred below Jose Lopez Village of Key Biscayne 88 Mclntyre Street Key Biscayne, Florida 33149 Phone: 305-365-7581 Fax: 305-365-7757 Email: jlopez@keybiscayne.fl.gov In accordance with Section 216.181(16Xb), Florida Statutes, the Department, upon written request from the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be retumed to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds that has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identiff additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Deparhnentls Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant ltlanager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the funds. 15. 16. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form (Attachment F) to the Department's Grant Manager quarterþ. This information shall be requested by the Grant Manager and submitted by the Grantee on a quarterþ basis in conjunction with the invoice/reporting requirements established in paragraphs 3 and 5. To the extent required by law, the Grantee will be selÊinsured against, or will secure and maintain during the life of this Agreement, 'Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subconhactor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such DEP Agreement No. LP6835, Page 4 of 6 t7 18. 19. 2t 20 employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees rngug"ã in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of inswance. The Department shall have no liability except as specifically provided in this Agreement. The Grantee covenants that it presentþ has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. The purchase of non expendable personal properly or equipment costing $1,000 or more is not authorized under the terms of this Agreement, The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within current authorized agreement period, method or nunner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disabilþ, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entþ or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Deparfrnent of Management Services, Office of Supplier Diversity, at 850/487-0915. Land acquisition is not authorized under the terms of this Agreement. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 22. 23. DEP Agreement No. LP6835, Page 5 of 6 IN TWITNESS TWHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. OF KEY BISCAYNE STATE OF FLORIDADEPARTMENT OF ENVIRONMENTAL PROTECTION Village Deputy Director Division of Water Resource Management Date FEID No.:tn5-û1, Tommy Williams, DEP Grant Managerq t(ll *For Agreements with governmental boards/commissions: If someone other than the Village Manager signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must âccompany the Agreement. List of attachments/exhibits included as part of this Agreement: Speciff Type Attachment Description (include number of pages) Proj ect Work Plan (4 Pases) Attachment Disbursement Reouest Packase (3 Pases) Attachment Progress Report Form 12 Pases) Attachment Special Audit Requirements (5 Pases) Attachment Advance Payment - Interest Earned Memorandum (1 Paee) Attachment Advance Payrnent Justification Form (3 Pages) Letterl Number A B C D E F DEP Agreement No. LPó835, Page 6 of 6 ATTACHMENT A GRANT \ilORK PLAN VILLAGE OF' KEY BISCAYNE LP6835 Proiect Title: Provide a brief title for the proiect proposed. Villaee of Key Biscayne Sanitary Sewer System Zone I and 4 Project Location: Identify the location of the project and include the county/counties involved in the proiect area. If this proiect affects waier, include the watershed and hydrologic unit code. The project is located in the Village of key Biscayne in Miami-Dade County. The Village of Key Biscayne is a barrier island in Biscayne bay. Project Background: Provide a summary of the site/project area and the justification supporting the needfor the Florida Department of Environmental Protection to fund the proposed project. The proposed Sanitary Sewer System project has been designed to serve the 706 homes in the Village of Key Biscayne that are currently dependent on septic systems. The 1995 Village Master Plan mandates availability of Sanitary Sewers before the year 2008. This mandate is controlled by the State of Florida. A number of health and environmental concerns reinforce the need to extend sanitary sewers to the unserved areas. The island is located in Biscayne Bay and possesses on its southern tip, Bill Baggs State Park. The lack of adequate wastewater facilities becomes an environmental threat due to the island's poor water absorption and high water table. The development of the system will eliminate the use of septic facilities and allow for all the wastewater created by the island to be guided and processed in a way that minimizes its effect on the surrounding natural communities. An important element of this project is the removal of the septic tanks located underground throughout the island. Many of these tanks were installed decades ago and are currently functioning at over capacity levels. The strained tanks have the potential to leak pollutants into the ground water. The discharge of pollutants into surface waters of the ocean and the bay leads to unsafe drinking water, a suffering eco-system and the risk for countless health issues that can arise from polluted surface water. DEP Agreement LP6835, Attachment A, Page I of 4 Project Objectives: Provide a list of objectives, in bulletformat, expected to be achieved as a result of funding/compl eting t his prop os ed proj ect. a Objective 1: Install gravity sewers for Zone I and Zone 4 a Objective 2: Upgrade V/ASD Pump Station 131 a Objective 3: Install Force mains a Objective 4: a Objective 5: Project Description: Provide a detailed description of the work to be performedþr the project. Include maps, drawings etc. to support project activities. Project descriptions should include a specific list of tasks/activities for accomplishing the project. Zone I and 4 of the Village of Key Biscayne single family residences are served by septic systems. Key Biscayne is a barrier island east of Biscayne Bay. Soil and elevation are not the most suitable for using septic systems. The project will install the necessary gravity sewer and pump station to connect these residences to the public sanitary sewer system at the Virginia Key Plant. Project Milestones/Deliverables/Outputs: Identify by tasUactivity (as listed under Project Description), start date, and completion date. Clear cells in table below header row beþre beginning to add data. Identify outputs/deliverables to result from this proiect. (Examples include: reports (progress, draft project report, final project report), manuals, videos, maps, BMPs installed, meetings, field days, issued permits, progress reports, quality assurance plans, etc.) Identify dates for providing/completing the on a schedule based on the DEP Agreement LP6835, Attachment A,Page 2 of 4 date of agreement execution. Format should appear asfollows: No.Task/Activity Start Complete Deliverables/Outputs Deliverable/Output Due Dates Des Install Gravity sewers Zone 1 Sept. 2007 August 2008 Sewers Installed in Zone I September 1,2008 Install Gravity Sewers Zone 4 Sept. 2007 June 2008 Sewers installed in Zone 4 July 1,2008 Upgrade WASD PS 131 Sept. 2007 June 2008 Pump station July 1,2008 lnstall Force Mains Nov. 2007 August 2008 Force mains installed September 1,2008 Completion March 31,2009 Project Budget: Detailed budgets must be submitted to support the budget information summarized in this section. Detailed budgets should be developed on a task-by-task basis. all match this must also be Project Funding Ma Funds and Source DEP Grant Fundin Fun Source ofFunds Professional Services : Construction & Demolition: 500,000 166,667 Land: Other Other Total: Total ect Cost $¡701 o/olN'f.atch Amount of Match: Project Budget Narrative: Provide budget detailfor each Project Funding Activity stated abovefor both DEP Funding and Match. Professíonøl Servìces: What services will be subcontracted? Constructìon & Demolìtíon: Installation of sanitary Sewer system by Metro Equipment, Inc. Land: ll'hat size is the property? Wat is its use? Equìpment: What equipment will be purchased? Equipment is 81,000 or more per unit cost. Other: List the service or category of expenditure. What are thefunds þr? NOTE: IF THERE IS MATCH, THE SAME DETAIL MUST BE PROVIDED FOR TIIE MATCH. DEP Agreement LP6835, Attachment A, Page 3 of 4 Total Budget by Task: This should correspond with the tasl<s/activities identified and described above. Task DEP Grant Funding Matching Funds and Source Matching Funds Source of Funds 1 Install Gravity se\ryers Zone 1 400,000 125,000 2 Install Gravity Sewers Zone 4 100,000 41,667 J Upsrade WASD PS 131 4 Install Force Mains 5 6 Total:$500,000 $166,667 Proiect Total:$3,605,701 Measures of Success: Identify factors that can be used to evaluate project perþrmance/ outcomes to support project success. Include appropriate timelines for conducting such reviews. The Village of Key Biscayne receives monthly reports from C3TS. C3TS is the Village's construction manager. These reports include the daily construction reports. The Village holds weekly construction meetings with the contractor, Metro Equipment, to discuss the proiect progress. Note that any changes to the Grant Work Plan Project Budget (of more than l}Yo in any line item), scope of work, or timelines shall require Department approval and amendment to the grant agreement. DEP Agreement LP6835, Attachment A, Page 4 of 4 ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants VILLAGE OF KEY BISCAYNE1. 1 3. 4. 5. 6. Grantee/Recipient Project Number LP6835 Date of Request Disbursement Request Number Required MaÍch o/o Type ofRequest:Partial n Final Federal Employer Identification Number Mail t] EFT n Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) l. Professio¡al Services (attach invoices) 2. Construction and Demolition (attach invoices) 3. Equipment (attach invoices) 4. Land (attach invoices) 5. Other (list - must be specified in agreement) Requests for Invoices already Paid: l) Copy of Invoice 2) Proof of Payment Total cumulative to date Disbursements previously requested Amount requested for disbursement (line 6 minus line 7) $( Requests for Invoices not yet Paid: f ) Copy of Invoice 2) Advance Payment Justification (one per quarter) 3) Advance Payment - Interest Earned (after initial advance) $ 6. 7. 8. $ ) $ *If prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the prior payment will be required before this request can be disbursed. ** SUBMIT ONE ORIGINAL COPY OF'THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. LP6835, Attachment B, Page I of 3 Grant Manager's Certification of Disbursement Request I, on behalfof (name of Grantee's Grant Manager designated in the Agreementr) , do hereby certifY that: (name of Grantee/Recipient) I . The disbursement amount requested on Page I of this form is for allowable costs for the project described in the Agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records. 3. The Grantee is required to pay such costs under the terms and provisions ofcontracts relating directlyto the project, and the Grantee is not in default ofany terms or provisions ofthe contracts. 4. All funds received to date have been applied toward completing the project' 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP6835, Attachment B, Page 2 of 3 Engineer's Certifi cation of Disbursement Request I,, being the Professional Engineer retained by (name of Professional Engineer) , am responsible for overseeing construction of the (name of GranteelRecipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Adminishative Code Chapter 62-600 or Chapter 62-604, as appropriatei 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department or are ideritified and attached hereto. Signature of Professional Engineer Firm or Affiliation (Date)(P.E. Number) DEP Agreement No. LP6835, Attachment B, Page 3 of 3 ATTACHMENT C PROGRESS REPORT FORM DEP Agreement No.:LP683s Grantee Name:VILLAGE OF KEY BISCAYNE Grantee Address: Granteets Grant Manager:Telephone No.: Ouarterlv Reporting Period: Proiect Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. LP6835, Attachment C, Page I of 2 (continued from page L) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets,links to on-line photographs' etc.) Provide a project budget update, comparing the project I I Expenditures I I Prior to this I rot"t Project I Reporting Budset Catesorv I nudeet I Period budget to actual costs to date. Expenditures this Reporting Project Funding Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No LP6835 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager DEP Agreement No. LP6835, Attachment C,Page2 o12 Date ATTACHMENT D SPECIAL AT]DIT REQINREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP', 'FDEP' or "Grentor", or other name in the contract/agreement) to the recipient (which may be referced to as the "Conlractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 2t5.97, 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 procedwes. 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 Deparftrent 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 Offrcer or Auditor General. AUDITS PART I: FEDERALLY FT'NDED 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-specihc audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal fi,rnds awarded through the Deparhnent of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources ofFederal awards, including Federal resources received from the Departrnent 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. 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. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http ://1 2.46.245.1 73icfd a/cfda.hlml. PART II: STATE FI]NDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2\(m), Florida Statutes. l. 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 Section215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-proflrt DEP Agreement No. LP6835, Attachment D, Page I of 5 2. J 4. ) 3 4. organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Departrnent 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 Environrnental 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. In connection with the audit requirements addressed in Part II, paragraph l; 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. Ifthe 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). 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.con/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.usfWelcome/index.cfrq State of Florida's website at http://www.myflorida.com/, DeparEnent of Financial Services' Website at http://www.fldß.com/ and the Auditor General's Website at htto://www.state.fl.us/audgen. PART III: OTHER AUDIT REQT]IREMENTS (NOTE: This part would be used to specifu 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 arrangefor audits ofstatefinancial assistance that are in addition to audits conducted in accordønce with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cos t of s uch additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Ci¡cular 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 directþ to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida DeparEnent of Environmental Protection Offrce of the Inspector General, MS 40 3 900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 The Federal Audit Clearinghouse designated in OMB Circular A'133, as revised (the number of copies required by Sections .320 (dxl) 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 lOth Street Jeffersonville, IN 47132 I B DEP Agreement No. LP6835, Attachment D, Page 2 of 5 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(Ð, 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: Audit Director Florida Department of Environmental Protection Oflice of the Inspector General, MS 40 3 900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Deparbnent of Environmental Protection at the following address: Audit Director Florida Department of Envi¡onmental Protection Office of the Inspector General, MS 40 3 900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room401, Claude Pepper Building 1l I West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or rnanagement letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directl)¡ to the Department of Environmental Protection at the following address: Audit Director Florida Deparhrent of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 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 4,133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 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. c. 2 3 4. 6. 5. DEP Agreement No. LP6835, Attachment D, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain suffrcient records demonshating 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 Departrnent of Environmental Protection, or its designee, Chief Financial Ofhcer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papeß are made available to the Departrnent 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 Departrnent of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6835, Attachment D, Page 4 of 5 State Appropriation CateSoryFunding AmountCFDA TitIE CFDA NumberFederal Agency Federal Funds Awarded to the Pursuant to this Consist of the Federal Program Number EXHIBIT_ 1 FUNDS AWARDED TO TTTE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF TI{E FOLLOWING: For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) thtrp7ln.:A6.á+s.gy"nu6fda.hrnll and/or the Flo¡ida Catalog of State Financial Assistance (CSFA) [htþs://apps.fldfs.com/ßaa/sea¡chCatalog.aspx ]' The s"*i""rlpurposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clemly indicated in the Contract. State Appropriation CategoryFundingAmountCFDA TitleCFDAFederal Agency State Funds Awarded to the Pursuant to this Consist of the Funds for Federal Federal Program Number State Appropriation Category 140047-08$500,000 FundingAmount Statewide Surface Water Restoration and Wastewater hoiects CSFA Title or Fundine Source Description Catalog of State Financial Assistance Number 37.0392007-2008 State Fiscal YearFunding Source LI 1859 - Ecosystem Management & Restoration TF State Funds Awarded to the F"S.ect of Section 21Consist of thePursuant to this Funds State Program Number Original Agreement Total Award DEP AgreementNo. LP6835, Attachment D, Page 5 of 5 ATTACHMENT E ADVANCE PAYMENT _ INTEREST EARNED MEMORANDUM WIIEN REPORTING OR REMITTING, PLEASE RETI]RN A COPY OF'TIIIS REQUEST TO: FROM:Darinda Mclaughlin, Finance and Accounting Director Bureau of Finance and Accounting, MS 78 DATE: SUBJECT:Advance Payment - Contract No. Interest Due to DEP: pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due, advance approval of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later than Initial advance funding disbursed - Advanced ñrnds principle expended or returned by contractor covering period of to 2. Balance advance funding principle available 3. Interest earned on advanced funds covering period of- to - 4. Amount of interest paid to DEP as of - 5. Interest balance due to DEP as of - (Project Manager's Signature) (Date) Special Instructions: Ifthe granlcontract specifies that any accrued interest, which is based upon a granlcontract advance payment(s), will not be paid to DEP until after termination of the granlcontract, the advance fund recipient shall complete report items I and 2 only for the first three quarters ofthe state's fiscal year. The report for the state's fourth fiscal year quarter shall include items l, 2, 3, 4, and 5. Items 3,4, and.5 will be the life to date interest Ifthe contract states that no interest is due, quarterly reports ofunexpended advances are required, lines 1 and 2. In all cases the line I and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables, payables, or interest previously paid to DEP. If the granlcontract requires quarterly accrued interest payments to DEP, the fund recipient must complete items I through 5 for each quarterly report. Pa¡rments of interest due to DEP shall be paid within the specifications of the contract/gtant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245'2452 in the Contracts Disbursement Section. $ $ $ $ $ $ DEP Agreement No. LP6835, Attachment E, Page I of I ATTACHMENT F ADVANCE PAYMENT JUSTIFICATON FORM Use of this form is not required unless the advance requested requires the prior approval of the Comptroller. For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.Ot7 , Florida Státutes, and meet one of the advance payment requirements identified ¡n Section 2t5,422(14), florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(L4), Florida Statutes that allows the advance to be made without prior Comptroller approval. Name/Address of the Vendor/Recipient: Contact Person/Phone No. : Agreement No./Purchase Order No. (if known):LP6835 Commodities/Services/Project Description : Organizational Structure li.e. local oov't. non-orofit corooration, etc.) Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover:90 days startup D full Contract Periodl-l other lsoecifv): Indicate Statutory Authority:a2Ls.4zz, F.s fl 216.181, F.s GAA Year and Line ltem Info SFY:Line ltem 1. Reason nce payment is required: 2. The following information required for advances requested pursuant to (and the Comptroller's Voucher Processing Handbook) which exceed the 21 5.422, Florida Statues purchasing threshold of defined in 287.O17 A.Docu ment,if app icable,the cost savi ngs to be ncu rred as resu It of n advance payment are equal or greater than the a mount the State wou td earn by investing the fu nd and paying ¡n arrears.Includ e the percent (o/o)savings to be realized In ca lculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the Department of Insurance, Division or SunCom 293-2776 regarding the cufrent Treasury earnings rate. of Treasu ry at Bsol41 3-2776 B. Document,applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP Agreement No. LP6835, Attachment F, Page I of 3 the usedmethod selto theect vendorIdentlfyprocurement to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorlzed' and Grant &A¡d Entities and Non-Profits pursuantfor advances to or1 3, The following information A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to ¡nvest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315-3070 B. A letter requesting advance payment from the recipient, on its letterhead, must be attached. DEP ss-222 (03-02) DEP Agreement No. LP6835, Attachment F, Page 2 of 3 other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. thecoveredestimatedndbuforby agreement.quarterThmust3getproviderecipient toservtcessalafricontractsnformationoushincludeoverhead,benefits,specifytdnes,n9esummary ased us andiforizedauthto¡tems be purch ),travel,pplies,be contracted pecify(sout),equipment, Third Quarter Fourth QuafterFirst QuaËer rter Description ide I Services (list services and estimated Equipment (identify each item and cost) tes Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our -req-uest for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. DateType Name of Signatory: al Officer or By: DEP By: Type Name of Signatory: E oeny Request! Approve RequestRecommendation: Date Title: asasu atSection IM57 eThDisbursementstheContractstoDEPmrasAreadourdforwainformationthisTheProg revt ewforfordvaancethetoStatewillSectionforwardComptrolleruestsctsContraDisbursementsreqpayment Bureau of Finance & Accounting Use Only DEP ss-222 (03-02) DEP Agreement No. LP6835, Attachment F, Page 3 of 3 File:Application Left AGREEMENT INF'ORMATION Grantee: (i.e., city of * county) Project Number: Project Title: Award Amount: Required Match Amount: Federal Employer ID Number VILLAGE OF KEY BISCAYNE LP6835 Key Biscayne Sanitary Sewer $500,000 s 166,667 Received April 17, 2008 - cl 1) Authorized Representative (to sign agreement) Name: Genaro "Chip" Iglesias Title: Village Manager Phone Number Fax Number: 305-365-5500 305-365-8936 Employer:Village of Key Biscayne Mailing Address (P.O. Box):88 V/est Mclntyre Street City:KeyBiscawe Street Address for express mail delivery: City: State: FL zip 33149 State zip: E-mail address: chip 2) Grant Manager Name: Jose Lopez Phone Number: Fax Number: 305-365-7581 Title: Owner's representative 305-365-7757 Employer:Villaee of Key Biscayne Mailing Address (P.O. Box):88 TVest Mclntyre Street City:Key Biscayne State: FL Zip: 33149 E-mail address: i gov 3) Disbursement Contact Person (who will prepffe requests) Name: Lourdes Abadin Phone Number: Title: Financial Advisor 305-913-4600 Fax Number:305-913-4601 Employer:Estrada Hinoiosa Mailing Address (P.O. Box): 201South Biscayne Blvd., Suite 2826 City:Miami State: FL zip 33131 E-mail address:sa.com 4) Primary Contact (if different from Grant Manager or Disbursement preparer) Name: Title: Phone Number: Fax Number: Employer: Mailing Address (P.O. Box): City: E-mail address State:zip: