HomeMy Public PortalAbout14-8750 Restoration Project of Lift Station 7 and 7a Sponsored by: City Manager
RESOLUTION NO. 14-8750
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY
MANAGER TO ACCEPT THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION STATE FINANCIAL
ASSISTANCE AGREEMENT GRANT(FDEP)AWARD,IN THE
AMOUNT OF THREE HUNDRED NINETY THOUSAND
DOLLARS ($390,000.00), FOR THE RESTORATION PROJECT
OF LIFT STATION 7 AND 7A; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Lift Station 7 and 7A is scheduled for rehabilitation as part of the
Consent Agreement with Miami-Dade County Department of Environmental Resources
Management("DERM"); and
WHEREAS, pump station 7A is a new sanitary sewer lift station, that will
primarily serve business areas, eliminating existing septic and portable toilet
systems in the area; and
WHEREAS, Pump Station 7, is in moratorium; the system currently services
residential communities and commercial properties; and
WHEREAS, both pump station 7 and 7A will be equipped with two new 28
HP submersible pumps to meet existing and proposed flows due to future
redevelopment, along with other lift station components to be installed, improving
overall performance in the service area; and
WHEREAS, the total project cost is $2,200,000.00, with a match by the City of
$1,810,000.00; and by requesting additional funding from other sources, the impact to the
City will lessen; and
Resolution No. 14-8750
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the
City Manager to accept the FDEP award, in the amount of Three Hundred Ninety Thousand
Dollars($390,000.00).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes
the City Manager to accept the Florida Department of Environmental Protection State
Financial Assistance Agreement Grant ("FDEP") award, in the amount of Three Hundred
Ninety Thousand Dollars($390,000.00), for the restoration project of Lift Station 7 and 7A.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 22nd day of Jan Al, 2014.
YRA V' OR
MAYOR
est to:
J I anna Flores
ity Clerk
Approved as Is fo i and leg. 1 fficiency:
Jos ph . ( eller
G'I ENS'OON MARDER PA
CitI Attorney
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting January 22, 2014 Item Type:
Date: X
(Enter X in
box)
Fiscal Impact: ` n may# :, Ordinance Reading:
(Enter X in box) (Enter X in box)
X Public Hearing:
(Enter X in box) x x
Funding Source: (Enter Fund & Advertising Requirement: I
Dept) (Enter X in box)
Account# 32-541340 FDEP & The City X
of Opa-locka
Contract/P.O. Required: RFP/RFQBid#: TBA
(Enter X in box) X
Strategic Plan Related Strategic Plan Priority Strategic Plan Obj./Strategy:
(Enter X in box) Area: (list the specific objective/strategy
X this item will address)
Enhance Organizational
Bus. & Economic Dev Is required in order to implement
Public Safety new construction for Lift Station
Quality of Education 7 & 7A
Qual. of Life & City Image
Communcation
Sponsor Name Department: CIP
City Manager CIP City Manager
,LL
Pump Station is a proposed new sanitary sewer lift station within Cairo Lane area where currently no
gravity sewer system exists. Station 7 will primarily serve the business areas and will help eliminate the
existing septic and also portable toilet system in the area.
Staff recommends the adoption of the Resolution to authorize the City Manager to accept grant funding
from the Florida Department of Environmental Protection in the amount of $390,000 and further
authorize the City Manager to accept additional funding from EPA and other sources in order to
rehabilitate this total project cost of$2,200,000.00 so that the match required by funder from the City is
lessened. Once this resolution is passed all processes will be in place so that the Burlington Canal
Dredging and Slide Slope Restoration can began the procurement and construction phase.
•
The station 7 is in disrepair and runs almost 24 hours daily due to storm water inflow and infiltration of
ground water. Currently, lift station number 7 is under a moratorium, which disallows any new
construction. The station is very old and maintained on as "as needed" basis. It has become a potential
health risk to the public and currently contaminating the ground water, and possibly cross contamination
of the public water supply. Infiltration of ground water, inflow of surface water, and exfiltration of
sewage into the ground is an ongoing condition of the existing sanitary sewage system that needs to be
corrected in the interest of Public Health and conservation of environment. All of the toxins, pathogens
and contaminants that are normally found in residential and commercial sewage are currently exfiltrating
into the ground water. Leaking water mains adjacent to the contaminated sites may become cross
contaminated with pathogens, heavy metals, salts, oils, phenols, as well as other contaminants.
The system currently services residential communities and commercial properties where several sewer
back-ups and pump failures have been reported. The City is aware of the health and environmental issues
and is currently working on addressing the issues and lift station number 7 is one of the stations need to
be rehabilitated as a part of the corrective measures to eliminate sewage exfiltration within lift station 7
service area into ground water. By rehabilitating lift station 7 will not only eliminate potential health
risks and sewer back-ups, but improve the overall hydraulic performance of the service area, and will
allow for future development within the service area
Agreement Contract LP 13034
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Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Joseph L. •Hey
Commissioner Ti• othy 1
Commissioner Do othy"I otti "Johnson
Commissioner Lui B. • '
FROM: Kelvin L.Baker,Sr.,City Manag•
DATE: January 22,2014
RE: Authorization to accept the Florida Department of Environmental Protection
Grant#LP 13034 for the Lift Station 7& 7 A Improvement Project
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT THE FLORIDA DEPARTMENT OF
ENVIRONMETNAL PROTECTION STATE FINANCIAL ASSISTANT AGREEEMENT GRANT
(FDEP) AWARD, IN THE AMOUNT OF $390,000 (THREE HUNDRED NINETY THOUSAND
DOLLARS)FOR THE LIFT STATION 7& 7A RESTORATION PROJECT
Description As part of the Consent Agreement with Miami-Dade County Department of
Environmental Resources Management (DERM), the station is scheduled for rehabilitation,
along with the lining and/or replacement of existing sanitary sewer lines and manholes.
Immediate rehabilitation of station 7 is required to comply with DERM requirements.
Pump Station 7A is a proposed new sanitary sewer lift station within Cairo Lane area where
currently no gravity sewer system exists. Station 7A will primarily serve business area and will
help eliminate the existing septic and also portable toilet system in the area.
The existing 7.5 HP dry well pump at station 7 has 100 gpm capacity and currently running at a
very low efficiency due to deterioration of the existing pump and built-up of solids in the force
main. A complete rehabilitation of the existing dry can-type station will be implemented. The
dry-can type design will be discontinued and replaced with a more modem submersible type
pump station per Miami Dade County Standards. The existing wet-well will stay in place and
serve as a terminal manhole with a new 8 foot diameter wet-well connected downstream.
Both of the duplex stations 7 and 7A will consist of two new 28 HP submersible pumps to meet
the existing and proposed flows due to future re-development. New 8' diameter wet wells with
H-20 rated hatches, valve boxes with check valves, plug valves, pressure gauges and a 1-1-20
load hatches, new control panel with SCADA system capability, discharge control systems and
other lift stations components will be installed according to Miami Dade County standards.
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All other mechanical, electrical and structural components pertaining to the both lift stations 7
and 7A will be installed in accordance with DERM standards.
Financial Impact: These funds will reduce the project funding gap and allow the City to
complete the rehabilitation of Lift Station 7 & 7A. The total project cost is $2,200,000.00 with a
match from the City of$1,810,000.00 and by requesting additional funding from other sources,
the impact to the City will lessen.
Implementation Time Line: Procurement Process, and Implementation
Legislative History: N/A
Recommendation(s): Staff recommends the adoption of the Resolution to authorize the
acceptance of the FDEP award and further to authorize the City Manager to accept any
additional funds awarded by FDEP or other sources for the Rehabilitation of The Burlington
Canal Dredging and Slide Slope Restoration and to enter into and execute the necessary
agreement. In executing the contract, the city can begin the construction phase.
Analysis: The station 7 is in disrepair and runs almost 24 hours daily due to storm water inflow
and infiltration of ground water. Currently, lift station number 7 is under a moratorium, which
disallows any new construction. The station is very old and maintained on as "as needed" basis.
It has become a potential health risk to the public and currently contaminating the ground water,
and possibly cross contamination of the public water supply. Infiltration of ground water, inflow
of surface water, and exfiltration of sewage into the ground is an ongoing condition of the
existing sanitary sewage system that needs to be corrected in the interest of Public Health and
conservation of environment. All of the toxins, pathogens and contaminants that are normally
found in residential and commercial sewage are currently exfiltrating into the ground water.
Leaking water mains adjacent to the contaminated sites may become cross contaminated with
pathogens, heavy metals, salts, oils,phenols, as well as other contaminants.
The system currently services residential communities and commercial properties where several
sewer back-ups and pump failures have been reported. The City is aware of the health and
environmental issues and is currently working on addressing the issues and lift station number 7
is one of the stations need to be rehabilitated as a part of the corrective measures to eliminate
sewage exfiltration within lift station 7 service area into ground water. By rehabilitating lift
station 7 will not only eliminate potential health risks and sewer back-ups, but improve the
overall hydraulic performance of the service area, and will allow for future development within
the service area
Attachment(s): DEP Agreement No. LP13034 Page 1 of 10
Prepared By: Delia Rosa Kennedy, Grant Administrator
END OF MEMORANDUM
COPY
STATE FINANCIAL ASSISTANCE AGREEMENT
CITY OF OPA-LOCKA
DEP AGREEMENT NO. LP13034
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1640C OF THE 2013-2014
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 CITY OF
OPA-LOCKA, whose address is 3400 135th Street Northwest, Opa-Locka, Florida 33054
(hereinafter referred to as "Grantee"), a local government under the laws of the State of Florida,
to provide funds for the Sewer Lift Station Rehabilitation project. Collectively, the Department
and the Grantee shall be referred to as "Parties" or individually as a"Party."
In consideration of the mutual benefits to be derived from this Agreement, the
Department and the Grantee do hereby agree as follows:
1. 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 and attached hereto, which are incorporated by reference.
2. This Agreement shall be effective on July 1, 2013 and end no later than
December 31, 2015, inclusive. The Grantee shall be eligible for reimbursement for work
performed on or after the effective date through the expiration date of this Agreement. This
Agreement may be amended to provide for additional services if additional funding is made
available by the Legislature.
3. A. As consideration for the services satisfactorily rendered by the Grantee under the
terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement
basis an amount not to exceed $390,000 toward the total estimated project cost of
$2,200,000. The parties hereto understand and agree that this Agreement does not require
a match on the part of the Grantee. If the Grantee finds, after receipt of competitive bids,
that the work described in Attachment A cannot be accomplished for the current
estimated project cost, the parties hereto agree to modify the Project Work Plan described
in Attachment A, by amendment of this Agreement, to provide for the work that can be
accomplished for the funding identified above.
B. The Grantee shall request reimbursement for all eligible project costs upon receipt
and acceptance of the deliverable(s) identified in Attachment A, utilizing a properly
completed Disbursement Request Package (provided as Attachment B). All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-
audit and post-audit thereof. A final Disbursement Request Package must be submitted
Revised 10/13
DEP Agreement No.LP13034, Page 1 of 10
to the Department no later than March 31, 2016, to assure the availability of funds for
payment. The Disbursement Request Package must include:
(1) A completed Disbursement Request Form signed by the Grantee's Grant
Manager. Such requests must be accompanied by sufficiently itemized summaries
of the materials, labor, or services to identify the nature of the work performed;
the amount expended for such work; and the person providing the service or
performing the work and proof of payment of the invoices; and,
(2) A certification signed by the Grantee's Grant Manager as to the current
cost of the Project; that the materials, labor, or services represented by the invoice
have been satisfactorily purchased or performed and applied to the project; that all
funds expended to date have been applied toward completing the Project; and,
(3) If construction is included in Attachment A, a certification by the
Engineer responsible for overseeing construction is necessary. The certification
must state that equipment, materials, labor and services represented by the
construction invoices have been satisfactorily invoiced, purchased, received,
approved and applied to the Project, as described in the Project Work Plan
(Attachment A), in accordance with construction contract documents; state that
payment is in accordance with construction contract provisions; state that
construction, up to the point of the request, is in compliance with the contract
documents; and identify all additions or deletions to the Project which have
altered the Project's performance standards, scope, or purpose since the issue of
the Department construction permit; and.
(4) Such other certificates or documents by engineers, attorneys, accountants,
contractors, or suppliers as may reasonably be required by the Department.
C. The State Chief Financial Officer requires detailed supporting documentation of
all costs under a cost reimbursement agreement. In accordance with the Attachment C,
Contract Payment Requirements, the Grantee shall comply with the minimum
requirements set forth therein. The Disbursement Request Package Form in Attachment
B shall be accompanied by supporting documentation and other requirements as follows:
Contractual (Subcontractors) - Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup
documentation identical to that required from the Grantee. Subcontracts which
involve payments for direct salaries of the subcontractor's employees shall clearly
identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines
that multipliers charged by any subcontractor exceeded the rates supported by
audit, the Grantee shall be required to reimburse overpayments resulting from use
of these excessive multipliers to the Department within thirty (30) days of written
notification. Interest on the excessive charges shall be calculated based on the
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DEP Agreement No. LP13034,Page 2 of 10
prevailing rate used by the State Board of Administration. For fixed price
(vendor) subcontracts,the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed price
subcontracts to consultants/contractors in performing the work described
in Attachment A. Invoices submitted to the Department for fixed price
subcontracted activities shall be supported with a copy of the
subcontractor's invoice and a copy of the tabulation form for the
competitive procurement process (Invitation to Bid or Request for
Proposals) resulting in the fixed price subcontract.
b. The Grantee may request approval from the Department to award a
fixed price subcontract resulting from procurement methods other than
those identified in the paragraph above. In this instance, the Grantee shall
request the advance written approval from the Department's Grant
Manager of the fixed price negotiated by the Grantee. The letter of request
shall be supported by a detailed budget and Scope of Services to be
performed by the subcontractor. Upon receipt of the Department Grant
Manager's approval of the fixed price amount, the Grantee may proceed in
finalizing the fixed price subcontract.
c. All subcontracts are subject to the provisions of paragraph 12 and
any other appropriate provisions of this Agreement which affect
subcontracting activities.
D. In addition to the invoicing requirements contained in paragraph 3.B and C.
above, the Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State
and Federal guidelines (including cost allocation guidelines), as appropriate. This
information when requested must be provided within thirty (30) calendar days of such
request. The Grantee may also be required to submit a cost allocation plan to the
Department in support of its multipliers (overhead, indirect, general administrative costs,
and fringe benefits).
E. 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%5F guide.
4. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The Parties understand that this
Agreement is not a commitment of future appropriations.
5. Progress Reports (Attachment D) shall be submitted quarterly describing the work
performed, problems encountered, problem resolution, schedule updates and proposed work for
the next reporting period. Reports shall be submitted to the Department's Grant Manager no
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DEP Agreement No. LP13034,Page 3 of 10
later than twenty (20) days following the completion of the reporting period. It is hereby
understood and agreed by the parties that the teen "quarterly" shall reflect the calendar quarters
ending March 31, June 30, September 30 and December 31. The Final Project Report shall be
submitted no later than the completion date of the Agreement. The Department's Grant Manager
shall have ten (10) calendar days to review the required reports and deliverables submitted by the
Grantee.
6. Each Party agrees that it shall be solely responsible for the negligent or wrongful acts of
its employees and agents. However, nothing contained herein shall constitute a waiver by either
Party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
7. A. The Department may terminate this Agreement at any time in the event of the
failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to
termination, the Department 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 telinination.
B. The Department may terminate this Agreement for convenience by providing the
Grantee with thirty(30) calendar days written notice.
8. No payment will be made for deliverables deemed unsatisfactory by the Department. If a
deliverable is deemed unsatisfactory, the Grantee shall re-perform the services needed for
submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10)
days after notification that the deliverable was unsatisfactory. If a satisfactory deliverable is not
submitted within the specified timeframe, the Department may, in its sole discretion, either: 1)
terminate the Agreement for failure to perform, or 2) the Department Grant Manager may, by
letter specifying the failure of performance under the Agreement, request that a proposed
Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must
be able to be implemented and performed in no more than sixty (60) days after approval by the
Department.
A. A CAP shall be submitted within ten (10) business days of the date of the letter
request from the Department. The CAP shall be sent to the Department Grant Manager
for review and approval. Within ten (10) business days of receipt of a CAP, the
Department shall notify the Grantee in writing whether the CAP proposed has been
accepted. If the CAP is not accepted, the Grantee shall have ten (10) business days from
receipt of the Department's letter rejecting the proposal to submit a revised proposed
CAP. Failure to obtain the Department's approval of a CAP as specified above shall
result in the Department's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall
have ten (10) calendar days to commence implementation of the accepted plan.
Acceptance of the proposed CAP by the Department does not alter or amend the
Grantee's obligations under this Agreement. If the CAP fails to correct or eliminate
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DEP Agreement No. LP 13034,Page 4 of 10
performance deficiencies by the Grantee, the Department shall retain the right to require
additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by the Department or steps taken by the Grantee shall serve to
condone, forgive or estop the Department from asserting subsequent deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as
requested by the Department Grant Manager.
C. Failure to respond to the Department's request for a CAP or failure to correct a
deficiency in the performance of the Grantee as specified by the Department may result in
termination of this Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to
exercise other remedies in addition to or in lieu of those set forth above.
9. 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
pursuant to Section 24(a) of Article I of the State Constitution, Section 119.07(1), Florida
Statutes, or other statute.
10. The Grantee 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 five (5) years
following Agreement completion. If any work is subcontracted, the Grantee shall similarly
require each subcontractor to maintain and allow access to such records for audit purposes.
11. A. In addition to the requirements of the preceding paragraph, the Grantee shall
comply with the applicable provisions contained in Attachment E, Special Audit
Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to
Attachment E summarizes the funding sources supporting the Agreement for purposes of
assisting the Grantee in complying with the requirements of Attachment E. 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 notify the Department's Grants Manager identified in paragraph 17 of
this Agreement.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The Grantee shall consider the type of financial assistance (federal and/or
state) identified in Attachment E, Exhibit 1 when making its determination. For federal
financial assistance, the Grantee shall utilize 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 utilize
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DEP Agreement No. LP13034,Page 5 of 10
the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs.
Vendor Determination" (foiiu number DFS-A2-NS) that can be found under the
"Links/Foiiiis" section appearing at the following website:
https://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the
Department for assistance with questions pertaining to the applicability of these
requirements.
12. The Grantee may subcontract, assign, or transfer any work under this Agreement without
the written consent of the Department's Grant Manager, except as provided in paragraph 3.C.b.
Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed
under this Agreement. The Grantee shall submit a copy of the executed subcontract to the
Department within ten (10) business days after execution. The Grantee agrees to be responsible
for the fulfillment of all work elements included in any subcontract and agrees to be responsible
for the payment of all monies due under any subcontract. It is understood and agreed by the
Grantee that the Department shall not be responsible to any subcontractor for any expenses or
costs incurred under the subcontract and that the Grantee shall be solely responsible to the
subcontractor for all expenses and costs incurred under the subcontract.
13. The Department of Environmental Protection supports diversity in its procurement
program and requests that all subcontracting opportunities afforded by this Agreement embrace
diversity enthusiastically. The award of subcontracts should reflect the full diversity of the
citizens of the State of Florida. A list of minority owned firms that could be offered
subcontracting opportunities may be obtained by contacting the Florida Department of
Management Services, Office of Supplier Diversity, at(850) 487-0915.
14. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited
from using funds provided by this Agreement for the purpose of lobbying the Legislature, the
judicial branch or a state agency.
15. 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, but is not limited to, compliance with all applicable federal, state and
local health and safety rules and regulations. The Grantee further agrees to include this provision
in all subcontracts issued as a result of this Agreement.
16. Any notices between the Parties shall be considered delivered when posted by Certified
Mail, return receipt requested, overnight courier service, electronic mail (e-mail) or delivered in
person to the Grant Managers at the addresses below.
17. The Department's Grant Manager for this Agreement is identified below.
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DEP Agreement No.LP 13034,Page 6 of 10
Sandy Waters
State Revolving Fund Management
Florida Department of Environmental Protection
2600 Blair Stone Road,MS 3505
Tallahassee, Florida 32399-2400
Phone: (850) 245-8382
Fax: (850) 245-8411
Email: Sandra.waters @dep.state.fl.us
Any changes to the contact information shown above must be reduced to writing in the
form of a Change Order to this Agreement.
18. The Grantee's Grant Manager for this Agreement is identified below.
Delia Rosa Kennedy
City of Opa-Locka
3400 135th Street Northwest,Building B
Opa-Locka, Florida 33054
Phone: (305) 953-2868
Fax: (305) 953-2900
Email: DKennedy @opalockafl.gov
Any changes to the contact information shown above must be reduced to writing in the
form of a Change Order to this Agreement.
19. To the extent required by law, the Grantee will be self-insured for worker's
compensation, or will secure and maintain during the life of this Agreement, Workers'
Compensation Insurance for all of Grantee's 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 its employees unless such employees are
covered by the protection afforded by the Grantee. Any self-insurance program or insurance
coverage shall 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 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.
20. A. The Grantee shall secure and maintain Commercial General Liability insurance
including bodily injury and property damage. The minimum limits of liability shall be
$100,000 each occurrence and $300,000 aggregate. This insurance will provide coverage
for all claims that may arise from the services and/or operations completed under this
Agreement, whether such services and/or operations are by the Grantee or anyone directly
or indirectly employed by him.
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DEP Agreement No. LP13034,Page 7 of 10
B. The Grantee shall secure and maintain Commercial Automobile Liability
insurance for all claims which may arise from the services and/or operations under this
Agreement, whether such services and/or operations are by the Grantee or by anyone
directly or indirectly employed by him. The minimum limits of liability shall be as
follows:
$300,000 Automobile Liability Combined Single Limit for Company
Owned Vehicles, if applicable
$300,000 Hired and Non-owned Liability Coverage
C. All insurance policies shall be with insurers licensed or eligible to do business in
the State of Florida. The Grantee's current certificate of insurance shall contain a
provision that the insurance will not be canceled for any reason except after thirty (30)
days written notice (with the exception of non-payment of premium which requires a 10
day notice) to the Department's Procurement Administrator. Such insurance shall include
the State of Florida as an Additional Insured for the entire length of the Agreement.
21. The Grantee covenants that it presently has no interest and shall not acquire any interest
that would conflict in any manner or degree with the performance of services required.
22. The reimbursement of non expendable personal property or equipment costing $1,000 or
more is not authorized under the terms of this Agreement.
23. The Department may at any time, by written order designated to be a change order, make
any change in the Grant Manager information or task timelines within the current authorized
Agreement period. All change orders are subject to the mutual agreement of both parties as
evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or
time, shall require formal amendment to this Agreement.
24. A. 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.
B. An entity or affiliate, as defined in section 287.134, Florida Statutes, who has
been placed on the discriminatory vendor list may not submit a bid on a contract to
provide goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work
as a contractor, supplier, subcontractor, or consultant under contract with any public
entity, and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and
intends to post the list on its website. Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Office of Supplier
Diversity, at (850) 487-0915.
Revised 10/13
DEP Agreement No. LP13034, Page 8 of 10
•
25. A. The accounting systems for all Grantees must ensure that funds awarded by this
grant are not commingled with funds from other agencies. Funds from each agency must
be accounted for separately. Grantees are prohibited from commingling funds on either a
program-by-program or a project-by-project basis. Funds specifically budgeted and/or
received for one project may not be used to support another project. Where a Grantee's,
or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
B. If the Department finds that these grant funds have been commingled, the
Department shall have the right to demand a refund, either in whole or in part, of the
funds provided to the Grantee under this Agreement for non-compliance with the material
terms of this Agreement. The Grantee, upon such written notification from the
Department shall refund, and shall forthwith pay to the Department, the amount of money
demanded by the Department. Interest on any refund shall be calculated based on the
prevailing rate used by the State Board of Administration. Interest shall be calculated
from the date(s) the original payment(s) are received from the Department by the Grantee
to the date repayment is made by the Grantee to the Department.
C. If the Grantee recovers costs, incurred under this Agreement and reimbursed by
the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund
shall be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee
to the date repayment is made to the Department by the Grantee.
26. Land acquisition is not authorized under the terms of this Agreement.
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 provisions of this Agreement. Any action hereon
or in connection herewith shall be brought in Leon County, Florida.
28. 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
Revised 10/13
DEP Agreement No. LP13034, Page 9 of 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,
the day and year last written below.
CITY OF OPA-LOCKA STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
City Manager Program Administrator
State Revolving Fund
Date: Date:
Sandy Waters, DEP Grant Manager
FEID No.:
Approved as to form and legality:
J/
;ODE Attorney
List of attachments/exhibits included as part of this Agreement:
Specify Letter/ Description(include number of pages)
Type Number
Attachment A Project Work Plan (3 Pages)
Attachment B Disbursement Request Package (3 Pages)
Attachment C Contract Payment Requirements (1 Page)
Attachment D Progress Report Form(1 Page)
Attachment E Special Audit Requirements (5 Pages)
Revised 10/13
DEP Agreement No. LP13034,Page 10 of 10
ATTACHMENT A
GRANT WORK PLAN
CITY OF OPA-LOCKA
LP13034
Project Title: Sewer Lift Station Rehabilitation
Project Location: The City's sanitary sewer lift station number 7 is located on Alexandria
Drive between NW 135th Street and NW 27' Street. Lift Station 7A will be located on Cairo
Lane in the City of Opa-locka, Miami-Dade County.
Project Background: The station 7 is in disrepair and runs almost 24 hours daily due to
stormwater inflow and infiltration of ground water. Currently, lift station number 7 is under a
moratorium, which disallows any new construction. The station is very old and maintained on as
"as needed" basis. It has become a potential health risk to the public and currently contaminating
the ground water, and possibly cross contamination of the public water supply. Infiltration of
ground water, inflow of surface water, and exfiltration of sewage into the ground is an ongoing
condition of the existing sanitary sewage system that needs to be corrected in the interest of
Public Health and conservation of environment. All of the toxins, pathogens and contaminants
that are normally found in residential and commercial sewage are currently exfiltrating into the
ground water. Leaking water mains adjacent to the contaminated sites may become cross
contaminated with pathogens, heavy metals, salts, oils, phenols, as well as other contaminants.
The system currently services residential communities and commercial properties where several
sewer back-ups and pump failures have been reported. The City is aware of the health and
environmental issues and is currently working on addressing the issues and lift station number 7
is one of the stations need to be rehabilitated as a part of the corrective measures to eliminate
sewage exfiltration within lift station 7 service area into ground water. By rehabilitating lift
station 7 will not only eliminate potential health risks and sewer back-ups, but improve the
overall hydraulic performance of the service area, and will allow for future development within
the service area.
Project Description: As part of the Consent Agreement with Miami-Dade County Department
of Environmental Resources Management (DERM), the station is scheduled for rehabilitation,
along with the lining and/or replacement of existing sanitary sewer lines and manholes.
Immediate rehabilitation of station 7 is required to comply with DERM requirements.
Pump Station 7A is a proposed new sanitary sewer lift station within Cairo Lane area where
currently no gravity sewer system exists. Station 7A will primarily serve business area and will
help eliminate the existing septic and also portable toilet system in the area.
The existing 7.5 HP dry well pump at station 7 has 100 gpm capacity and currently running at a
very low efficiency due to deterioration of the existing pump and built-up of solids in the force
main. A complete rehabilitation of the existing dry can-type station will be implemented. The
dry-can type design will be discontinued and replaced with a more modern submersible type
Revised 4/12
DEP Agreement LP13034,Attachment A,Page 1 of 3
pump station per Miami Dade County Standards. The existing wet-well will stay in place and
serve as a terminal manhole with a new 8 foot diameter wet-well connected downstream.
Both of the duplex stations 7 and 7A will consist of two new 28 HP submersible pumps to meet
the existing and proposed flows due to future re-development. New 8' diameter wet wells with
H-20 rated hatches, valve boxes with check valves, plug valves, pressure gauges and a H-20 load
hatches, new control panel with SCADA system capability, discharge control systems and other
lift stations components will be installed according to Miami Dade County standards. All other
mechanical, electrical and structural components pertaining to the both lift stations 7 and 7A will
be installed in accordance with DERM standards.
The following activities will be included in the scope for the best interest of public health and
protection of the environment:
• Design and Permit lift stations 7 and 7A and related gravity mains and force mains
• Rehabilitate the existing wet well for station 7
• Install a new wet well for station 7A
• Install modern submersible pumps to meet existing and future peak flows.
• Install new control panels and telemetry systems.
• Install new valve box, valves, and gages.
• Line or replace existing manholes
• Line or replace existing sanitary sewer lines
• Install new gravity sewer mains for station 7A
• Install new force main for station 7A
Tasks:
Task Description Budget
Task 1 Engineering Services $ 150,000
Task 2 Bidding and Awarding of Project $ 2,000
Task 3 Construction $2,048,000
Task 4 Closeout& Dedication $ 0
Cost: FDEP Fund: $390,000
City Fund: $1,810,000
Total: $2,200,000
Task 1 - Engineering Services
Cost: $150,000.00 DEP funding: $75,000 City funding: $75,000
Deliverable(s): bid tabulation, and copy of engineering services contract
Performance Measures: The DEP budget manager will review deliverables to ensure they meet
the criteria for reimbursement.
Completion Date: February 2015
Budget Information
Contractual: $150,000 to a Design Engineering Consultant
DEP $75,000; City$75,000
Revised 4/12
DEP Agreement LP13034,Attachment A,Page 2 of 3
Task 2—Construction Bidding and Awarding of Project
A contractor is necessary to provide the City with Construction services as required for this
project. The contract will be awarded via a competitive bidding process.
Cost: $2,000.00 DEP funding: $0 City funding: $2,000
Deliverable(s): bid tabulation and copy of construction contract, copy of performance bond,
construction documents which will be available to bidders.
Performance Measure: The DEP grant manager will review the deliverable to ensure it meet
the criteria.
Completion Date: May 2015
Budget Information
Contractual: City$2,000
Task 3—Construction
Cost: $1,810,000.00 DEP funding: $ 315,000 City funding: $1,495,000
Deliverable(s): Copy of bid tabulation, copy of contract, copy of contractors application for
payment with supporting invoices
Performance Measures: The DEP grant manager will review the deliverables to ensure they
meet the criteria.
Completion Date: December 2015
Budget Information
Contractual: $1,810,000 to Contractor to complete the construction of the Lift Stations
DEP $315,000 City $1,495,000
Task 4—Closeout& Dedication
Is required for successful completion of the project.
Cost: $0.00
Deliverable(s): Lift Stations completed
Performance Measures: Final Site Inspection and As Built Plan
Financial Consequences: Project will not be completed
Completion Date: 1 month (actual date is contingent upon execution of agreement with FDEP
and the City, agency approval of contractor selection, completion of the construction documents
and construction of the lift stations)
Total Budget by Task and Deliverables:
Local Funds Source
Tasks DEP Funding Local Funds Source of Funds
1 Engineering Services 75,000.00 75,000.00 City of Opa-locka
2 Bidding and Awarding of 0.00 2,000.00 City of Opa-locka
Project
3 Construction 315,000.00 1,495,000.00 City of Opa-locka
4 Closeout &Dedication 0.00 0.00
Total: 390,000.00 1,810,000.00
Project Total: $2,200,000.00
The City is providing additional funding for the project. No match is required on this grant.
Revised 4/12
DEP Agreement LP 13034,Attachment A,Page 3 of 3
•
ATTACHMENT B
Disbursement Request Package
Legislative Projects (LP) Grants
1. Grantee/Recipient CITY OF OPA-LOCKA
2. Project Number LP13034 Date of Request
3. Disbursement Request Number Required Match
4. Type of Request: Partial I Final
5. Federal Employer Identification Number
6. Task/Deliverable No.
7. Mail I I EFT I I Send Remittance to:
Disbursement Details
(cumulative amounts rounded to the nearest dollar)
NOTE: Can only claim expenses in approved budget. Amount this Total
Request Cumulative
1. Salaries
2. Fringe Benefits
3. Travel
4. Contractual Services
5. Equipment
6. Supplies/Other Expenses —
7. Land
8. Indirect Charges
9. Total
10. Disbursements previously requested
11. Amount Requested for Disbursement(line 9 minus 10)
**SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION FOR
EACH DELIVERABLE TO: **
Florida Department of Environmental Protection
State Revolving Fund Management MS 3505
2600 Blair Stone Road
Tallahassee,Florida 32399-2400
or email your request to:
SRF_Reporting@dep.statell.us
DEP Agreement No.LP13034,Attachment B,Page 1 of 3
Grant Manager's Certification
of Disbursement Request
(name of Grantee's Grant Manager designated in the Agreement)
on behalf of ,do hereby certify that:
(name of Grantee/Recipient)
1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described
in Attachment A of the Agreement;
2. All costs included in the amount requested have been satisfactorily purchased,performed,received,and
applied toward completing the project;such costs are documented by invoices or other appropriate
documentation as required in paragraph 3D;
3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the
project;and the Grantee is not in default of any terms or provisions of the contracts;
4. If funds were advanced,all funds received to date have been applied toward completing the project;and
5. All permits and approvals required for the construction which is underway have been obtained.
(Signature of Grant Manager)
(Date)
DEP Agreement No. LP13034,Attachment B,Page 2 of 3
•
Engineer's Certification
of Disbursement Request
ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT
I, ,being the Professional Engineer retained by
(name of Professional Engineer)
,am responsible for overseeing construction of the
(name of Grantee/Recipient)
project described in the Agreement and do hereby certify that:
1. Equipment,materials,labor,and services represented by the construction invoices have been satisfactorily
purchased or received and applied to the project in accordance with construction contract documents filed
with and previously approved by the Department of Environmental Protection;
2. Payment is in accordance with construction contract provisions;
3. Adequate construction supervision is being provided to assure compliance with construction
requirements and Florida Administrative Code Chapter 62-600 or Chapter 62-604,as appropriate;
4. Construction up to the point of this disbursement is in compliance with the approved plans and permits;
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 by amendment to
this Agreement.
Signature of Professional Engineer
Firm or Affiliation
(Date) (P.E. Number)
DEP Agreement No. LP 13034,Attachment B,Page 3 of 3
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services,Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits,then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Depai linent of Management Services Rule 60A-1.017, Florida
Administrative Code,regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02,Florida Statutes,for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http:/www.tldfs.com/aadir/reference guide.htm
DEP 55-219(05/2008)
DEP Agreement No.LP 13034,Attachment C,Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.: LP13034
Grantee Name:
Grantee Address:
Grantee's Grant Manager: Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
LP13034 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
DEP Agreement No.LP13034,Attachment D,Page 1 of 1
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor" Grantee"or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133,as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised,the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the interne at http://12.46.245.173/cfda/cfda.html.
DEP 55-215(03/09)
DEP Agreement No. LP 13034,Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes.
1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes;applicable rules of the Department
of Financial Services; and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/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.us/Welcome/index.cfm, State of Florida's website at
http://www.myflorida.com/, Depaitment of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised,by or on behalf of the recipient directly to each of the following:
DEP 55-215(03/09)
DEP Agreement No. LP 13034,Attachment E,Page 2 of 5
A. The Depai(went of Environmental Protection at the following address:
Audit Director
Florida Depai(went of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections .320(e)and(f),
OMB Circular A-133,as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor,to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
3. Copies of fmancial 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 Dept(went of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I 1 1 West Madison Street
Tallahassee,Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215(03/09)
DEP Agreement No. LP13034,Attachment E,Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Depai tment of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Depai tment of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133,Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650(nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued,unless extended in writing by the Depai fluent of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215(03/09)
DEP Agreement No.LP13034,Attachment E,Page 4 of 5
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