Loading...
HomeMy Public PortalAbout18-9500 Extension of Agreement to LP13036 Sponsored by: City Manager RESOLUTION NO. 18-9500 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN EXTENSION TO AGREEMENT LP13036 WITH THE FLORIDA DEPARTMENT OF EVIRONMENTAL PROTECTION, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka ("City") has a legislative project grant with the Florida Department of Environmental Protection ("DEP"); and WHEREAS, the City has requested an extension of the grant, to December 31, 2020, to complete construction on Cairo Lane which was stalled due to difficulties obtaining easements; and WHEREAS, the City Commission finds that it is in the best interest of the City to authorize the Manager to execute the extension attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission hereby authorizes the City Manager to execute the extension to agreement LP13036, in a form acceptable to the City Attorney. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. Resolution No. 18-9500 PASSED AND ADOPTED this 13`h day of June, 2018. Myra L. Taylor -'Mayor Attest to: Approved as to form and legal sufficiency: Joan,. Flores THE BROWN LAW GROUP, LLC City lerk City Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER RILEY Commissioner Vote: 5-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES c si�w��T„• City of Opa-Locka Agenda Cover Memo Department Airia Austin Department . Director: Director Signature: Budget Ernesto Reyes Budget Administrator: Administrator/ACM Signature: Finance Director: Bryan Hamilton FD Signature: Department 1 ) , ,Acting City City Manager: Newall J. Daughtrey CM Signature: Commission 06/13/2018 Item Type: Resolution O dina ce 0 r Meeting Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1St Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (Enter X in box) x x (Enter Fund Advertising Requirement: Yes No &Dept) (Enter X in box) x Funding Source: Ex: Account#: Contract/P.O. Yes No RFP/RFQ/Bid#: Required: (Enter X in box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list Related x Enhance Organizational (] the specific objective/strategy this item will (EnterXin box) Bus.&Economic Dev 0 address) Public Safety Quality of Education Qual.of Life&City Image O Communication (� Sponsor Name City Manager Department: City Manager Short Title: Extension of the LP13036 Grant Agreement Staff Summary: Staff recommends the acceptance of the LP 13036 Grant exntension agreement since this is needed in order to complete the Cairo Lane roadway improvement project. Proposed Action: Staff recommends the approval of this extension. Attachment: 1. Agenda 2. Extension Agreement 3. Agreement Amendment 1 DEP AGREEMENT NO.LP13036 AMENDMENT NO.2 CITY OF OPA-LOCKA THIS AGREEMENT as entered into on the January 7,2015,and amended on March 16,2017,between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(hereinafter referred to as the"Department„) and the CITY OF OPA-LOCKA(hereinafter referred to as the"Grantee„)is hereby amended. WHEREAS,the Grantee has requested extension of the Agreement; an extension is needed because work on Cairo Lane was delayed due to the delay in obtaining easements from the business owners and the contractor stopping work due to non-payment;and WHEREAS, a provision of the Agreement needs revision and a provision needs to be added to the Agreement. NOW,THEREFORE,the parties hereto agree as follows: 1. The Agreement is effective from July 1,2014,to December 31,2020. 2. Section 8.of the Agreement is hereby deleted in its entirety and replaced with the following: DEFAULT/TERMINATION/FORCE MAJEURE: A. Termination for Convenience.The Department may terminate the Agreement in whole or in part by giving 30 days' written notice to the Grantee, when the Department determines, in its sole discretion,that it is in the State's interest to do so.The Department shall notify the Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee shall not furnish any service or deliverable after it receives the notice of termination,unless otherwise instructed in the notice.The Grantee shall not be entitled to recover any cancellation charges or lost profits.If the Agreement is terminated before performance is completed,the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. B. Termination for Cause. The Department may terminate this Agreement if any of the events of default described below occur or in the event that the Grantee fails to fulfill any of its other obligations under this Agreement. The Grantee shall continue work on any portion of the Agreement not terminated. If, after termination, it is determined that the Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. C. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination, is directed by the Department,the Grantee shall stop performing services on the date,and to the extent specified,in the notice. D. Force Maj cure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods,or other similar cause wholly beyond the Grantee's control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Grantee. In case of any delay the Grantee believes is excusable, the Grantee shall notify the Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if the Grantee could reasonably DEP Agreement No.LP13036,Amendment No.2,Page 1 of 4 foresee that a delay could occur as a result;or(2)if delay is not reasonably foreseeable,within five days after the date the Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Grantee shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Department, in which case the Department may (1) accept allocated performance or deliveries from the Grantee, provided that the Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by the Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate the Agreement in whole or in part. 3. Section 35.is added to the Agreement as follows: INSPECTOR GENERAL The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its Subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its sub-grantees. DEP Agreement No.LP13036,Amendment No.2,Page 2 of 4 4. Attachment A-1, Grant Work Plan, Attachment A-2,Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-2,Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A-1,shall hereinafter refer to Attachment A-2,Revised Grant Work Plan. 5. Attachment B, Disbursement Request Package, is hereby deleted in its entirety and replaced with Attachment B-1,Payment Request Summary Form,attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B,shall hereinafter refer to Attachment B-1,Payment Request Summary Form. 6. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. DEP Agreement No.LP13036,Amendment No.2,Page 3 of 4 IN WITNESS WHEREOF, the parties have caused this amendment to Agreement LP13036 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 Secretary or Designee Print Name of Authorized Person Print Name and Title of Authorized Person Date: Date: Thomas Montgomery,DEP Grant Manager Arlene Acevedo,DEP QC Reviewer FEID No.:59-6000394 List of attachments/exhibits included as part of this Amendment: Letter/ Specify Type Number Description(include number of pages) Attachment A-2 Revised Grant Work Plan(2 Pages) Attachment B-1 Payment Request Summary Form(5 Pages) DEP Agreement No.LP13036,Amendment No.2,Page 4 of 4 ATTACHMENT A-2 REVISED GRANT WORK PLAN PROJECT TITLE: Opa-Locka Cairo Lane—NW 135 Street to NW 127th Street Canal. PROJECT LOCATION: The project is located in the city limits of Opa-Locka which is located in Miami- Dade County. The project will affect the water quality of the 127th Street Canal. The hydrological unit code for this project is 03090202. See Figures 1 and 2 for a location map and site plan. PROJECT BACKGROUND: The design build project for the proposed Cairo Lane work involves the construction of a new drainage system to alleviate the existing flooding problem. Some portions of the roadway experience frequent flooding problems. The proposed drainage system will consist of the construction of inlet structures with baffles,conveyance pipes,manholes,and exfiltration trenches to collect surface runoff for improved roadway condition. This group of stormwater drainage,transportation and street projects are in a low-lying area within the City of Opa-Locka(Grantee)that is without an existing drainage system. Consequently,during the rainy season, this situation leads to major flooding of the roadway including property damage to adjacent businesses and residential homes. These roads provide access to a critical medical clinic and other services for the community. The saturated soil, the low-lying condition, and the higher water table are all factors that exacerbate the flooding.The resultant ponding hastens mosquitoes,litter and potential contamination from flooding of the adjacent sanitary sewer system,creating a health hazard. Moreover, regular traffic is greatly impeded, not to mention the risk and hazard to local residents. This funding would enable the Grantee to address this flooding and associated issues by constructing an adequate stormwater drainage system, reduce pollution and provide adequate treatment of runoff discharge for improved water quality.These improvements will use best management practices to alleviate this situation and provide effective mitigation for future disaster. PROJECT DESCRIPTION: Cairo Lane is currently a dirt road adjacent to industrial properties. The Grantee proposes to design and construct the following: a roadway, stormwater drainage, sidewalks with handicap ramps,and traffic signs. TASKS and DELIVERABLES: Task 1: Professional Services Professional Services needed for this design build project that includes the proposed Cairo Lane work. (Please note this task is for the design services that are outside of the design build contract). Deliverables: Copy of the executed contract(s)and contractor's payment application(s)totaling$5,500 for the professional engineering services associated with the design build project that includes the proposed Cairo Lane work. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. NOTE: THIS TASK HAS BEEN COMPLETED AND ALL FUNDING ALREADY REIMBURSED. DEP Agreement No.LP13036,Amendment No.2,Attachment A-2,Page 1 of 2 Task 2: Design& Construction Task Description: The Grantee will construct a roadway, stormwater drainage and sidewalks for Cairo Lane in accordance with the construction contract documents. Deliverables: Construction completed to date as described in this task,as evidenced by these deliverables: 1)Dated color photographs of on-going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. NOTE: $252,102.72 OF FUNDING HAS BEEN DISBURSED ON THIS TASK WITH A BALANCE OF $342,397.28 REMAINING. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by,the corresponding task end date. 1 Professional Services Contractual $5,500 07/01/2014 Completed Services 2 Design and Construction Contractual $594,500 07/01/2014 06/30/2020 Services Total: $600,000 Note that,per paragraph 4 of the agreement,authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension. DEP Agreement No.LP13036,Amendment No.2,Attachment A-2,Page 2 of 2 ATTACHMENT B-I PAYMENT REQUEST SUMMARY FORM DEP Agreement No. Agreement Effective Dates: Grantee: (Name&Mailing Address) Grantee's Grant Manager Performance Period(Start date—End date): Date of Request: Task/Deliverable No(s). Mask/Deliverable Amount Requested: $ GRANT EXPENDITURES SUMMARY SECTION PREVIOUS TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE AMOUNT OF THIS CUMULATIVE PAYMENT FUNDS FOR THIS CUMULATIVE (As authorized) REQUEST REQU STS PAYMENT REQUEST MATCHING FUNDS REQUESTS Task 1: $ - $ - $ - $ - $ - Task 2: $ - $ - $ - $ - $ - Task 3: $ - $ - $ - $ - $ - Task 4: $ - $ - $ - $ - $ - Task 5: $ - $ - $ - $ - $ - Task 6: $ - S - $ - $ - $ - Task 7: $ - $ - $ - $ - $ - Task8: $ - $ - $ - $ - $ - Task 9: $ - $ - $ - $ - $ - TOTAL AMOUNT $ $ $ $ $ TOTAL BUDGET (ALL TASKS) $ $ LESS TOTAL CUMULATIVE $ $ PAYMENT REQUESTS OF: TOTAL REMAINING (ALL TASKS) $ $ GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Attachment B-1,DEP Agreement No.LP13036,Page 1 of 5 Grantee's Certification of Payment Request I, on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) ,do hereby certify for (Print name of Grantee) DEP Agreement No. and Payment Request No. that: 0 The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 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 the Agreement. El 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. Check all that apply: ❑ All permits and approvals required for the construction,which is underway,have been obtained. ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request,and such certifications are included: Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy) Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Attachment B-1,DEP Agreement No.LP13036,Page 2 of 5 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK/DELIVERABLE BUDGET AMOUNT" line for the"AMOUNT OF THIS REQUEST„column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST"COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the"TOTAL AMOUNT„line. Enter the amount of all Tasks on the"TOTAL BUDGET(ALL TASKS)„line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF„line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF„from the"TOTAL BUDGET(ALL TASKS)„for the amount to enter on the"TOTAL REMAINING(ALL TASKS)_line. "PREVIOUS PAYMENT REQUESTS" COLUMN:Enter the total cumulative amount that has been paid in previous requests.Do not include the current reqeusted amount in this total.Do not enter anything in the shaded areas. "TOTAL CUMULATIVE PAYMENT REQUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests;first through the fmal request(this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the"TOTAL PAYMENT REQUEST„line. Do not enter anything in the shaded areas. "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT„line for this column. Enter the match budget amount on the"TOTAL BUDGET(ALL TASKS)„line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF„line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF„from the"TOTAL BUDGET(ALL TASKS)„for the amount to enter on the "TOTAL REMAINING(ALL TASKS)_line. "TOTAL CUMULATIVE MATCHING FUNDS"COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled"TOTAL PAYMENT REQUEST.,, The final request should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION:Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment.Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Attachment B-1,DEP Agreement No.LP13036,Page 3 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT—PART II REIMBURSEMENT DETAIL Grantee Name: Payment Request No.: DEP Agreement No.: Local Share or Other Invoice Invoice Amount Task/Deliverable Vendor Name Nu Invoice Date Funding or Amount Requested Amount (3) Check Number mber (1) Number(4) Not Requested(2) - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ - -- Attachment B-1,DEP Agreement No.LP13036,Page 4 of 5 Instructions for Completing Request for Payment- Part II Include the Grantee Name,Payment Request No.,and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. 2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested(2)from Invoice 3 Amount(1). Deliverable Number: Must identify completed deliverable(s)for each invoice. If invoice covers multiple deliverables,that invoice would be listed multiple times,a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under(2). Submittal Instructions Instructions for E-mailing: The program now accepts reimbursement requests electronically,please E-mail to SRF.When scanning please be sure that the minimum scan resolution must be 300 DPI(dots per inch). When reimbursement requests are sent electronically,please do not also send a hard copy by postal mail. Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. Remit Payment Request by E-mail to: Thomas.Montaomerv( dep.state.fl.us Be sure the E-mail payment request includes the following: Cc: Department's Grant/Project Manager Subject: Project Number_Disbursement Number: example—LP14025 Disb 1 Attachments: 1) Exhibit D Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Other supporting documentation,as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: Thomas Montgomery 850-245-2967 Attachment B-1,DEP Agreement No.LP13036,Page 5 of 5 DEP AGREEMENT NO.LP13036 CITY OF OPA-LOCKA AMENDMENT NO.1 THIS AGREEMENT as entered into on the 7th day of January, 2015, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department„) and the CITY OF OPA-LOCKA(hereinafter referred to as the"Grantee„)is hereby amended. WHEREAS,the Grantee has requested a reallocation of the budget for the project;and, WHEREAS,the Grantee has requested an extension of the initial Agreement,an extension is needed due to delays in gaining access to easements which are being pursued through the eminent domain process and are needed to complete the project;and, WHEREAS,A reallocation of funds is needed to more accurately represent costs now that Task 1 has been completed. Professional Services, Task 1, needs to be decreased from $8,000 to $5,500; with a corresponding increase in Construction and Design,Task 2;and WHEREAS,certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW,THEREFORE,the parties hereto agree as follows: 1. The Agreement shall be effective from July 1,2014 to June 30,2018. 2. Section 3.of the Agreement is hereby deleted in its entirety and replaced with the following: 3. FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement,the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$600,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. i. A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment A, are less than ten percent(10%)of the total budget as last approved by the Department.All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee's match requirements, a change in the expiration date of the Agreement,and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both parties as evidenced in writing. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A-1, in DEP Agreement No.LP13036,Amendment No.1,Page 1 of 8 accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.mvfloridacfo.com/aadir/reference guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof'. A final payment request should be submitted to the Department no later than sixty(60)calendar days following the completion date of the Agreement,to assure the availability of funds for payment All work performed pursuant to Attachment A-1 must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Reimbursement shall be limited to the following budget categories: i. 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 shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used(i.e.,fringe benefits,overhead,indirect,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 such funds to the Department within thirty(30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of'Administration. Subcontracts, which involve equipment purchases as part of an installation/retrofit or that include infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial Officer(CFO)Memorandum No.5(2011-2012),must be capitalized in accordance with Chapter 69I-72,Florida Administrative Code(F.A.C.). The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services.The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. 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-1. 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(i.e.,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 finalizine the fixed-price subcontract. DEP Agreement No.LP13036,Amendment No.1,Page 2 of 8 c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. 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). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at httpJ/www.myfloridacfo.com/aadir/reference guide/. F. i. The accounting systems for all Grantees must ensure that these funds are not commingled with fimds 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. ii. If the Department finds that these 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 iii. In the event that 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. 3. Section 8.of the Agreement is hereby deleted in its entirety and replaced with the following: 8. DEFAULT/TERMINATION/FORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect,or 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 termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days' written notice. If the Department terminates the Agreement for convenience,the Department shall notify the Grantee of such termination,with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be DEP Agreement No.LP13036,Amendment No.1,Page 3 of 8 terminated. If the Agreement is terminated before performance is completed,the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven(7)calendar days,the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimiwt the delay and the Grantee's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused,or will be caused by a force majeure,the Department may,at its discretion,extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God,strike,lockout,or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire,flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee,and any other cause,whether of the kind specifically enumerated herein or otherwise,that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s)or subcontractor(s)shall not constitute a force majeure event. 4. Section 12.of the Agreement is hereby deleted in its entirety and replaced with the following: 12. SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment G,Special Audit Requirements,attached hereto and made a part hereof. Exhibit 1 to Attachment G summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment G. 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 Development and Review Manager at (850)245-2361 to request a copy of the updated information. 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 G,Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled"Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination„ (form number DFS-A2-NS)that can be found under the "Links/Forms„ section appearing at the following website: httos:\\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. 5. Section 13.of the Agreement is hereby deleted in its entirety and replaced with the following: 13. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to paragraph 3D. of this Agreement, which require prior approval. The Grantee shall submit a copy of the DEP Agreement No.LP13036,Amendment No.1,Page 4 of 8 executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 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 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 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 Office of Supplier Diversity at(850)487-0915. 6. Section 14.of the Agreement is hereby deleted in its entirety and replaced with RESERVED. 7. Section 17.of the Agreement is hereby deleted in its entirety and replaced with the following: 17. NOTICE: All notices and written communication between the parties shall be sent by electronic mail,U.S.Mail, a courier delivery service,or delivered in person.Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at the addresses identified under paragraphs 18.and 19. 8. Section 23.of the Agreement is hereby deleted in its entirety and replaced with the following 23. EQUIPMENT: The purchase of non-expendable personal property or equipment costing $1,000 or more purchased for purposes of this Agreement remains the property of the Grantee. Upon satisfactory completion of this Agreement,the Grantee may retain ownership and will require its subcontractor to account for and report on all non-expendable personal property or equipment purchased under its subcontract. Non-expendable personal property or equipment purchased by a subcontractor that meets the parameters set forth in paragraph 3D. of this Agreement shall be capitalized in accordance with Chapter 691-72,F.A.C., with property records maintained by the Grantee for audit purposes. The following terms shall apply: A. The Grantee and/or its subcontractor shall have use of the non-expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non-expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss,damage,or theft of and any loss,damage or injury caused by the use of,non-expendable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. 9. Section 24.is deleted and replaced with RESERVED. 10. Section 32.is added to the Agreement as follows: DEP Agreement No.LP13036,Amendment No. 1,Page 5 of 8 32. EXECUTION IN COUNTERPARTS: This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts,each of which together shall be deemed an original,but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a".pdf'format data file,such signature shall create a valid and binding obligation of the party executing(or on whose behalf such signature is executed)with the same force and effect as if such facsimile or".pdf'signature page were an original thereof. 11. Section 33.is added to the Agreement as follows: 33. PUBLIC RECORDS ACCESS: A. Grantee shall comply with Florida Public Records law under Chapter 119,F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119,F.S.,and Section 24(a),Article I,Florida Constitution. C. If Grantee meets the definition of"Contractor„ found in Section 119.0701(1)(a), F.S.; [i.e., an individual,partnership,corporation,or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency],then the following requirements apply: i. Pursuant to Section 119.0701,F.S.,a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department.If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time.If Grantee fails to provide the public records to the Department within a reasonable time,the Grantee may be subject to penalties under s.119.10,F.S. ii. Upon request from the Department's custodian of public records,Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by law. iii. Grantee shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement,Grantee shall transfer,at no cost to Department,all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement,the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to Department,upon request from the Department's custodian of public records,in a format DEP Agreement No.LP13036,Amendment No.1,Page 6 of 8 that is accessible by and compatible with the information technology systems of Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsman@dep.state.fi.us,or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd,Mail Slot 49 Tallahassee,FL 32399 12. Section 34.is added to the Agreement as follows: 34. TERMINATION.FALSE CERTIFICATION.SCRUTINIZED COMPANIES.AND BOYCOTTING: Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates,or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 13. Attachment A, Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, _ Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A,shall hereinafter refer to Attachment A-1,Revised Project Work Plan. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.LP13036,Amendment No. 1,Page 7 of 8 IN WITNESS WHEREOF, the parties have caused this amendment to Agreement LP13036 to be duly executed,the day and year last written below. CITY OF OPA LOCKA STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Al AI 41 ,� �� 1/ By: C' 'Manager / secretary or designee ref Ja ►el My, --}-►��+-, 44 1-4— t Name and Title of Authorized Perso Print Name and Title of Authorized Person Date: /7 �6 1)60417 Thomas Mo tg• , DE GrantQanager Lisa Widener,DEP QC Reviewer FEW No.: 59-6000394 List of attachments/exhibits included as part of this Amendment: Letter/ Specify Type Number Description(include number of pages) Attachment A-1 Revised Project Work Plan(2 Pages) DEP Agreement No.LP13036,Amendment No.1,Page 8 of 8 ATTACHMENT A-1 REVISED PROJECT WORK PLAN Project Title: Opa-Locka Cairo Lane—NW 135 Street to NW 127th Street Canal Project Location: The project is located in the city limits of Opa-Locka which is located in Miami- Dade County. The project will affect the water quality of the 127' Street Canal. The hydrological unit code for this project is 03090202. Project Background: The design build project for the proposed Cairo Lane work involves the construction of a new drainage system to alleviate the existing flooding problem. Some portions of the roadway experience frequent flooding problems. The proposed drainage system will consist of the construction of inlet structures with baffles, conveyance pipes, manholes, and exfiltration trenches to collect surface runoff for improved roadway condition. This group of stormwater drainage,transportation and street projects are in a low-lying area within the City of Opa-Locka (Grantee) that is without an existing drainage system. Consequently, during the rainy season, this situation leads to major flooding of the roadway including property damage to adjacent businesses and residential homes. These roads provide access to a critical medical clinic and other services for the community.The saturated soil,the low-lying condition,and the higher water table are all factors that exacerbate the flooding. The resultant ponding hastens mosquitoes, litter and potential contamination from flooding of the adjacent sanitary sewer system,creating a health hazard. Moreover,regular traffic is greatly impeded,not to mention the risk and hazard to local residents. This funding would enable the Grantee to address this flooding and associated issues by constructing an adequate stormwater drainage system, reduce pollution and provide adequate treatment of runoff discharge for improved water quality. These improvements will use best management practices to alleviate this situation and provide effective mitigation for future disaster. Project Description: Cairo Lane is currently a dirt road adjacent to industrial properties.The Grantee proposes to design and construct the following: a roadway, stormwater drainage, sidewalks with handicap ramps,and traffic signs. Task 1: Professional Services needed for this design build project that includes the proposed Cairo Lane work. (Please note this task is for the design services that are outside of the design build contract). Deliverable 1: Copy of the executed contract(s) and contractor's payment application(s) totaling $5,500 for the professional engineering services associated with the design build project that includes the proposed Cairo Lane work. Performance Standard: The DEP Grant Manager will review periodic requests for funds for the deliverables to ensure all backup materials are submitted and determine if the disbursement requests are acceptable for payment as they are submitted to the department. Task 2: Design and construction of a roadway, stormwater drainage and sidewalks for Cairo Lane in accordance with the final design(s)and required permits. Deliverable 2a: Construction completed to date as described in this task,as evidenced by these interim deliverables: 1) Signed acceptance of the completed work by the Grantee, 2)Contractor's Application and Certification for Payment, 3) dated color photographs of on-going work representing the time period covered in payment request. These deliverables must be submitted along with each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department's Grant Manager will review each submitted interim DEP Agreement LP13036,Attachment A-1,Page 1 of 2 deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written acceptance of each interim deliverable submittal by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that submittal period under this task. Contractor's Application and Certification for Payment should include the following supporting documentation: 1. An itemized summary of the materials,labor,and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed;the amount expended for such work; the name of the person/entity providing the service or performing the work;proof of payment of the invoices;and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially-complete designs, surveys, environmental documents and/or permit applications, drawings, and specifications (which must be made available upon request);and documentation demonstrating partial completion of construction activities. Deliverable 2b: Roadway, stormwater drainage, sidewalks with handicap ramps, and traffic signs, constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to,during, and immediately following completion of the construction task;2)written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4)signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task,the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined Interim Deliverable(s) and/or Final Deliverable(s)must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. Total Budget by Task: The tasks must be completed by the corresponding task end date and all deliverables must be received by the task end date. Contractual M Professional Services $5,500 Services 07/01/2014 Completed Contractual © Desi &Construction $594,500 Services 07/01/2014 12/31/2017 Total: $600,000 DEP Agreement LP13036,Attachment A-1,Page 2 of 2 STATE FINANCIAL ASSISTANCE AGREEMENT CITY OF OPA LOCKA DEP AGREEMENT NO.LP13036 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1668A OF TILE 2014-2015 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 Northwest 135th Street,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 Opa-locka Cairo Lane -NW 135 Street to NW 127th Street Canal 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, 2014 and end no later than July 31, 2016, 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 $600,000 toward the total estimated project cost of $600,000. 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. Prior written approval from the Department's Grant Manager shall be required for changes between deliverable budget categories not to exceed 10%of the total deliverable budget amount. The Department Grant Manager will transmit a copy of the written approval and revised budget to the Department Contracts Disbursements Office for inclusion in the Agreement file. Changes that exceed 10% of the total approved deliverable budget will require a formal change order to the Agreement. Changes that Revised 7/14 DEP Agreement No.LP13036,Page 1 of 11 transfer funds from one deliverable to another or that increase or decrease the total deliverable funding amount will require a formal amendment to the Agreement. C. 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 to the Department no later than October 31, 2016,to assure the availability of funds for payment. The Disbursement Request Package must include: (1) A completed Disbursement Request Form submitted 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. D. 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: (1) Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup Revised 7/14 DEP Agreement No.LP13036,Page 2 of 11 • 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 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 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. (2) Equipment —(Capital outlay costing $1,000 or more)—The Grantee will not be reimbursed for the purchase of non-expendable equipment costing$1,000 or more under the terms and conditions of this Agreement. E. In addition to the invoicing requirements contained in paragraph 3.C. and 3D. 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). Revised 7/14 DEP Agreement No.LP13036,Page 3 of 11 F. 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%5Fauide. - 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 later than twenty (20) days following the completion of the reporting period. It is hereby understood and agreed by the parties that the term"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. RESERVED. 7. 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. 8. 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 termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty(30)calendar days written notice. 9. 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 timecrame, 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. Revised 7/14 DEP Agreement No.LP13036,Page 4 of 11 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 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. 10. 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. 11. 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. 12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment G, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Revised 7/14 DEP Agreement No.LP13036,Page 5 of 11 Attachment G summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment G. 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 18 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 G,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 the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms"section appearing at the following website: https://apps.fldfs.com/fsaa The Grantee should confer with its chief fmancial officer,audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 13. 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.D.(1)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. 14. 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. 15. 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. Revised 7/14 DEP Agreement No.LP13036,Page 6 of 11 16. 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. 17. 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. 18. The Department's Grant Manager for this Agreement is identified below. Thomas Montgomery State Revolving Fund Management Florida Department of Environmental Protection 2600 Blair Stone Road,MS 3505 Tallahassee,Florida 32399-2400 Phone:(850)245-8368 Fax: (850)245-8411 Email: Thomas.Montgomery@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. 19. The Grantee's Grant Manager for this Agreement is identified below. Delia Rosa Kennedy City of Opa-locka Post Office Box 540371 Opa-locka,Florida 33054 Phone:(305)953-2868 Ext.1209 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. 20. 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, Revised 7/14 DEP Agreement No.LP13036,Page 7 of 11 adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 21. 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. 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. 22. 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. 23. RESERVED. 24. 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. 25. RESERVED. 26. RESERVED. 27. 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. Revised 7/14 DEP Agreement No.LP13036,Page 8 of 11 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. 28. 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. 29. Land acquisition is not authorized under the terms of this Agreement. 30. 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 Revised 7/14 DEP Agreement No.LP13036,Page 9 of 11 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. 31. 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 7/14 DEP Agreement No.LP13036,Page 10 of 11 . IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed, the day and year 1: written below. CITY •' OPA-L I STATE OF FLORIDA DEPARTMENT OF ie.\h.,1 ENVIRONMENTAL PROTECTION By: �. By: 't \6 _&A City :. :_er NV Pro y !, Administrator State Revolving Fund Date: Date: JAN 07 205 4 1111 I Thomas n •ome 't DEP Grant Manager FEID No.: $ --G on_C-7`( Approved as to form and legality: DEP A y List of attachments/exhibits included as part of this Agreement: Letter/ Specify Type Number Description(include number of pages) Attachment A Project Work Plan(2 Pages) Attachment B Disbursement Request Package(3 Pages) Attachment C Contract Payment Requirements(1 Page) Attachment D Progress Report Form(1 Page) Attachment E Reserved Attachment F Reserved Attachment G Special Audit Requirements(5 Pages) Revised 7/14 DEP Agreement No.LP13036,Page 11 of 11 ATTACHMENT A PROJECT WORK PLAN CITY OF OPA-LOCKA LP13036 Project Title: Opa-locka Cairo Lane-NW 135 Street to NW 127th Street Canal Project Location: The project is located in the city limits of Opa-locka which is located in Miami-Dade County. The project will affect the water quality of the 127th Street Canal. The hydrological unit code for this project is 03090202. Project Background: The design build project for the proposed Cairo Lane work involves the construction of a new drainage system to alleviate the existing flooding problem. Some portion of the road experiences frequent flooding problems from a short duration and a very low frequency rain event. The proposed drainage system will consist of the construction of inlet structures with baffles,conveyance pipes,manholes,and exfiltration trenches to collect surface runoff for improved roadway condition. This group of stormwater drainage,transportation and street projects are in part of a low lying area within the City that is without an existing drainage system. Consequently,during the rainy season, this situation leads to major flooding of the roadway including property damages to adjacent businesses and residential homes. These roads provide access to a critical medical clinic and other services for the community.The saturated soil,the low lying condition,and the higher water table are all factors that exacerbate the flooding. The resultant ponding hastens mosquitoes, litter and potential contamination from flooding of the adjacent sanitary sewer system,creating a health hazard. Moreover, regular traffic is greatly impeded, not to mention the risk and hazard to local residents. This funding would enable the City of Opa-locka to address this flooding and associated issues by constructing an adequate stormwater drainage system,reduce pollution and provide adequate treatment of runoff discharge for improved water quality.These improvements will use best management practices to alleviate this situation and provide effective mitigation for future disaster. Project Description: Cairo Lane is currently a dirt road adjacent to industrial properties.The city proposes to design and construct the following: a roadway,stormwater drainage,sidewalks with handicap ramps,and traffic signs. 1. Task: Professional Services needed for the design build project that includes the proposed Cairo Lane work. (Please note this task is for the design services that are outside of the design build contract) 1. Deliverable: Copy of the executed contract(s) and contractor's payment application(s) totaling $8,000 or more for the professional engineering services associated with the design build project that includes the proposed Cairo Lane work. Timeline for completion: July 31,2016 Revised 7/14 DEP Agreement 1213036,Attachment A,Page 1 of 2 Budget Information: Salaries: N/A Fringe Benefits: N/A Travel: N/A Contractual: $8,000 Equipment: N/A Supplles/Other Expenses: N/A Land: N/A Indirect: N/A Performance Standard: The DEP Grant Manager will review periodic requests for funds for the deliverables to ensure all backup materials are submitted and determine if the disbursement requests are acceptable for payment as they are submitted to the department. 2. Task: Design and construction for the design build project that includes the proposed Cairo Lane work. 2. Deliverable: Copy of contractor's request for proposal, copy of the executed contract, contractor's schedule of values, and construction progress photographs. Approved pay applications/invoices for quantities installed totaling $592,000 or more for the design and construction of stormwater facilities on Cairo Lane. Timeline for completion: July 31,2016 Salaries: N/A Fringe Benefits: N/A Travel: N/A Contractual: $592,000 Equipment: N/A Supplies/Other Expenses: N/A Land: N/A Indirect: N/A • Performance Standard: The DEP Grant Manager will review periodic requests for funds for the deliverables to ensure all backup material are submitted and determine if the disbursement requests are acceptable for payment as they are submitted to the department. Total Budget by Task and Deliverables: Local Funds and Source Tasks DEP Funding Local Funds Source of Funds Professional 1 Services $8,000 N/A N/A Design& 2 Construction $592,000 N/A N/A Total: $600,000 The FY2014-15 GAA did not require a match for these projects. Revised 7/14 DEP Agreement 1213036,Attachment A,Page 2 of 2 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services,Reference Guide for State Expenditures Cost Rdmbursesnent 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 Department 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://wvvw.fidfs.com/aadir/reference_guide.htm DEP 55-219(05/2008) DEP Agreement No.LP13036,Attachment C,Page 1 of 1 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: LP13036 Grantee Name: CITY OF OPA-LOCKA Grantee Address: Grantee's Grant Manager: I Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Project 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 Project Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is , ••ii, c 4 rdance with the repo ' g requirements of DEP .:greet=,t No. LP13 I . d . �►.. is the activities : ated with the project. �1 '' l Signature ' . •i,''s Grant Manager Date DEP Agreement No.LP13036,Attachment D,Page 1 of 1 ATTACHMENT G 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(QUA)via the internet at htta://12.46.245.173/cfda/cfda.html. DEP 55-215(03/09) DEP Agreement No.LP13036,Attachment G,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(2Xm),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and fm-profit organizations), Rules of the Auditor General. EXH3BIT 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 httasJ/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.cfn. State of Florida's website at httu://www.mvflorida.com/, Department of Financial Services'Website at http://wwvv.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 spec fy 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 Statefinancial 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.LP13036,Attachment G,Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit®dep.state.fLus B. 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 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: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fi.us 3. 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 Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSincleAudit @ dep.state.fl.us DEP 55-215(03/09) DEP Agreement No.LP13036,Attachment G,Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit@deo.state.fi.us 5. Any reports,management letters,or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,or Chapters 10350(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 dull'retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued,and shall allow the Department of Environmental Protection,or its designee,Chief Financial Officer,or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee,Chief Financial Officer,or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215(03109) DEP Agreement No.LP13036,Attachment G,Page 4 of 5 r 1 EXHIBIT-1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Puissant to this Agreement Consist of the FollowinL Federal State Program ' CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pnrssant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding_Amount Category State Resources Awarded to the Recipient Ptusuaat to this Ajrement Consist of the Following Resources Subject to Section 215.97,F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Fotding Source Description , Funding Amount , Category Original General Revenue,Line Item 2014-2015 37.039 Statewide Surface Water Restoration $600,000 140047 Agreement 1668A and Wastewater Projects Total Award I $600,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [bttp:%/12.46245.173/cfda/cfdahtml)and/or the Florida Catalog of State Financial Assistance(CSFA)[httpsJ/apps.fldfs.com/fsaa/searcbCatalog.aspx]. The services/purposes for which the fonds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Con tract DEP 55-215(o3m) DEP Agreement No.LP13036,Attachment G,Page 5 of 5