R16-038 1 RESOLUTION NO. R16 -038
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ACCEPTING THE $300,000 IN FINANCIAL
5 ASSISTANCE PURSUANT TO LINE ITEM 1662A OF
6 THE FY2015/16 GENERAL APPROPRIATIONS ACT
7 AND AUTHORIZE THE CITY MANAGER TO SIGN
8 ALL DOCUMENTS ASSOCIATED WITH THE GRANT
9 AWARD AGREEMENT #S0853 FROM THE
10 DEPARTMENT OF ENVIRONMENTAL PROTECTION,
11 DIVISION OF WATER RESTORATION ASSISTANCE;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, Oceanfront Park has an existing rotating biological contractor
16 wastewater treatment plant (WWTP) that was constructed in 1982 for the park and
17 surrounding areas during a time when there was a much larger flow of wastewater; and
18 WHEREAS, the flow has severely diminished due to several factors including water
19 conservation and population demographic shifts; and
20 WHEREAS, as a result, the WWTP is significantly oversized and cannot treat the
21 wastewater flow adequately; and
22 WHEREAS, the City applied for and received funding from the Florida Legislature in
23 the amount of $300,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year
24 (FY) 2015 -2016, General Appropriations Act; and
25 WHEREAS, the Grantee received this funding for the purpose of replacing the
26 existing WWTP with a new energy efficient advanced treatment sewer plant that will also
27 produce reuse water; and
28 WHEREAS, upon recommendation of staff, the City Commission has determined
29 that it is in the best interests of the residents of the City to accept the Grant in the amount of
30 $300,000 and authorize the City Manager to sign all documents associated with the grant
31 award agreement #S0853 from the Florida Department of Environmental Protection,
32 Division of Water Restoration Assistance.
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33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption
37 hereof..
38 ," Section 2. The City Commission does hereby accept the Grant in the amount of
39 $300,000 and authorize the City Manager to sign all documents associated with the grant
40 award agreement #S0853 from the Florida Department of Environmental Protection, Division
41 of Water Restoration Assistance, a copy of which is attached hereto as Exhibit "A ".
42 Section 3. This Resolution shall become effective immediately upon passage.
43
44 PASSED AND ADOPTED this 1st day of March, 2016.
45
46 CITY OF BOYNTON BEACH, FLORIDA
47
48 YES NO
49
50 Mayor — Jerry Taylor
51
52 Vice Mayor — Joe Casello
53
54 Commissioner — David T. Merker
55
56 Commissioner — Mack McCray
57
58 Commissioner — Michael M. Fitzpatrick I "
59
6
61 VOTE
62
63 ATTEST: s fd
65
k.
67 Jucgh A. Pyle, CMC
68 In`erim City Clerk _,;
69 Vic"
70
71
72 (Corporate Seal)
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DEP AGREEMENT NO. S0853
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1662A OF THE FY15 -16 GENERAL APPROPRIATIONS
ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard,
Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department ") and the CITY OF
BOYTON BEACH, whose address is 100 East Boynton Beach Boulevard, Boynton Beach,
Florida 33435 (hereinafter referred to as "Grantee "), a local government, to provide financial
assistance for the Boynton Beachfront Park Sewer Treatment Plant Replacement 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 herefrom, the Department and the
Grantee do hereby agree as follows:
1. TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set
forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and
exhibits named herein which are attached hereto and incorporated by reference. For
purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably.
2. PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both parties and shall remain in effect until
June 30, 2018, inclusive. The Grantee shall be eligible for reimbursement for work
performed on or after July 1, 2015 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. 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 $300,000. 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.
DEP Agreement No. S0853, Page 1 of 14
B. Prior written approval from the Department's Grant Manager shall be required for
changes to this Agreement. Changes to approved budget categories within a single
deliverable that are less than 10% of the total approved deliverable budget amount
will require a formal Change Order to the Agreement. Changes that are 10% or
greater of the total approved deliverable budget amount, or changes that transfer
funds from one deliverable to another deliverable, or changes that increase or
decrease the project's total funding amount will require a formal Amendment to the
Agreement.
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, in 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. myfloridacfo .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 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 a ment request.
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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:
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 Depaittnent
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. For fixed -price (vendor)
subcontracts, the following provisions shall apply:
DEP Agreement No. S0853, Page 2 of 14
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 (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 finalizing the fixed -
price subcontract.
c. All subcontracts are subject to the provisions of paragraph 12 and
any other appropriate provisions of this Agreement which affect
subcontracting activities.
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 http:// www. myfloridacfo .com /aadir /reference_guide /.
F. i. The accounting systems for all Grantees must ensure that these funds 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. •
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
DEP Agreement No. S0853, Page 3 of 14
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.
4. ANNUAL APPROPRIATION:
The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The parties hereto understand
that this Agreement is not a commitment of future appropriations. Authorization for
continuation and completion of work and payment associated therewith may be rescinded
with proper notice at the discretion of the Department if Legislative appropriations are
reduced or eliminated.
5. REPORTS:
A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the
work performed during the reporting period, problems encountered, problem
resolution, schedule updates and proposed work for the next reporting period.
Quarterly reports shall be submitted to the Department's Grant Manager no later
than twenty (20) calendar days following the completion of the quarterly 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 Department's Grant Manager shall have thirty (30) calendar
days to review the required reports and deliverables submitted by the Grantee.
B. As stated in the letter dated July 17, 2015 from the Office of the Governor, the
Grantee will identify the return on investment for this project and provide quarterly
updates to the Governor' s Office of Policy and Budget.
6. RETAINAGE:
Retainage is not required under this Agreement.
DEP Agreement No. S0853, Page 4 of 14
7. INDEMNIFICATION:
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful
acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,
Florida Statutes. Further, nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of
any contract or this Agreement.
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 day's 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 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. Records made or received in conjunction with this Agreement are public records.
This Agreement may be unilaterally canceled by the Department for unlawful
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
and subject to disclosure under Chapter 119, Florida Statutes (F.S.), and Section
24(a), Article I, Florida Constitution.
D. 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 minimize 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
DEP Agreement No. S0853, Page 5 of 14
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.
9. REMEDIES/FINANCIAL CONSEQUENCES:
No payment will be made for deliverables deemed unsatisfactory by the Department. In
the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall
re- perform the services needed for submittal of a satisfactory deliverable, at no additional
cost to the Department, within ten (10) calendar days of being notified of the unsatisfactory
deliverable. If a satisfactory deliverable is not submitted within the specified timeframe,
the Department may, in its sole discretion, either: 1) terminate this Agreement for failure
to perform, or 2) the Department Grant Manager may, by letter specifying the failure of
performance under this 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) calendar days.
A. A CAP shall be submitted within ten (10) calendar 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) calendar 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)
calendar days from receipt of the Department letter rejecting the proposal to submit
a revised proposed CAP. Failure to obtain the Department 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 relieve the Grantee
of any of its obligations under the Agreement. In the event the CAP fails to correct
or eliminate performance deficiencies by 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 preclude the Department from subsequently asserting any
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.
DEP Agreement No. 50853, Page 6 of 14
•
C. Failure to respond to a Department request for a CAP or failure to correct a
deficiency in the performance of the Agreement as specified by the Department
may result in termination of the 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, as permitted by
the Agreement.
10. RECORD KEEPING /AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with United States generally
accepted accounting principles (US GAAP) 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
the completion date or termination of the Agreement. In the event any work is
subcontracted, the Grantee shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes.
B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate
with the Department's 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 Grant, if any, impose this requirement, in writing, on
its subcontractors.
11. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding paragraph, the Grantee shall
comply with the applicable provisions contained in Attachment E, Special Audit
Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment
E summarizes the funding sources supporting the Agreement for purposes of
assisting the Grantee in complying with the requirements of Attachment E. A
revised copy of Exhibit '1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a
- revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager
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 E, Exhibit 1 when making its determination.
For federal financial assistance, the Grantee shall utilize the guidance provided
under OMB Circular A -133, Subpart B, Section .210 for determining whether
the relationship represents that of a subrecipient or vendor. For state financial
assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate
Organizations Recipient /Subrecipient vs. Vendor Determination" (form number
DEP Agreement No. S0853, Page 7 of 14
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 financial officer, audit director or contact
the Department for assistance with questions pertaining to the applicability of these
requirements.
12. 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 3.D. of this Agreement, which require prior
approval. The Grantee- shall submit a copy of the 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 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 Office of Supplier Diversity at (850) 487 -0915.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction
services in which 50 percent or more of the cost will be paid from state - appropriated
funds which have been appropriated at the time of the competitive solicitation, a
state, college, county, municipality, school district, or other political subdivision of
the state may not use a local ordinance or regulation that provides a preference
based upon:
i. The contractor's maintaining an office or place of business within a
particular local jurisdiction; or
ii. The contractor's hiring employees or subcontractors from within a
particular local jurisdiction; or
DEP Agreement No. S0853, Page 8 of 14
iii. The contractor's prior payment of local taxes, assessments, or duties within
a particular local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state
college, county, municipality, school district, or other political subdivision of the
state shall disclose in the solicitation document that any applicable local ordinance
or regulation does not include any preference that is prohibited by Paragraph A.
14. LOBBYING PROHIBITION:
In accordance with Section 216.347, F.S., 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. Further, in accordance with Section 11.062, F.S., no state funds,
exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available
for use by, any executive, judicial, or quasi-judicial department shall be used by any state
employee or other person for lobbying purposes.
15. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal, state and local rules and regulations
in providing services to the Department under this Agreement. The Grantee acknowledges
that this requirement includes, but is not limited to, compliance with all applicable federal,
• state and local health and safety rules and regulations. The Grantee further agrees to
include this provision in all subcontracts issued as a result of this Agreement.
16. 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.
17. CONTACTS:
The Department's Grant Manager (which may also be referred to as the Department's
Project Manager) for this Agreement is identified below:
Thomas Montgomery
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd., MS# 3505
Tallahassee, Florida 32399
Telephone No.: (850) 245 -2967
E -mail Thomas .Montgomery @dep.state.fl.us
Address:
DEP Agreement No. 50853, Page 9 of 14
The Grantee's Grant Manager for this Agreement is identified below:
Debbie Majors
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone No.: (561) 742 -6241
Fax No.: (561) 742 -6011
E -mail majorsd @bbfl.us
Address:
18. INSURANCE:
To the extent required by law, the Grantee will secure and maintain insurance coverages in
the amounts and categories specified below, during the life of this Agreement. The Grantee
shall provide documentation of any private insurance or self - insurance, as may be
applicable to governmental entities, to the Department's Grant Manager prior to
performance of any work pursuant to this Agreement.
A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of
its employees connected with the work of this project and, in case any work is
subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of its employees unless such employees
are covered by the protection afforded by the Grantee. Any self - insurance program
or insurance coverage shall comply fully with the Florida Workers' Compensation
law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide, adequate insurance
satisfactory to the Department, for the protection of its employees not otherwise
protected.
B. The Grantee shall secure and maintain, and ensure that any of its subcontractors
similarly secure and maintain, Commercial General Liability insurance including
bodily injury and property damage. The minimum limits of liability shall be
$200,000 each individual's claim and $300,000 each occurrence. 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 any of its subcontractors. Such insurance shall
include the State of Florida, the Department, and the State of Florida Board of
Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the
entire length of the Agreement.
C. The Grantee shall secure and maintain, and ensure that any of its subcontractors
similarly secure and maintain, Commercial Automobile Liability insurance for all
claims which may arise from the services and/or operations under this Agreement,
DEP Agreement No. S0853, Page 10 of 14
whether such services and /or operations are by the Grantee or any of its
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subcontractors. Such insurance shall include the State of Florida, the Department,
and the State of Florida Board of Trustees of the Internal Improvement Trust Fund,
as Additional Insureds for the entire length of the Agreement. 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 Automobile Liability Coverage
D. If any work proceeds over or adjacent to water, the Grantee shall secure and
maintain, as applicable, any other type of required insurance, including but not
limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any
applicable rider to worker's compensation insurance, and any necessary watercraft
insurance, with limits of not less than $300,000 each. In addition, the Grantee shall
include these requirements in any sub grant or subcontract issued for the
performance of the work specified in Attachment A, Grant Work
Plan. Questions concerning required coverage should be directed to the U.S.
Department of Labor ( http: / /www.dol.gov /owcp /dlhwc /lscontac.htm) or to the
parties' insurance carriers.
E. 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) calendar days' written notice (with the exception of non - payment of premium
which requires a 10- calendar -day notice) to the Department's Procurement
Administrator. In addition, the Grantee shall include these requirements in any sub
grant or subcontract issued for the performance of the work specified in
Attachment A, Grant Work Plan.
F. If the Grantee is a Florida governmental entity that is self - funded for liability
insurance, this paragraph 18.F. supersedes 18.A. through E., above.
Grantee warrants and represents that it is self - funded for liability insurance,
appropriate and allowable under Florida law, and that such self - insurance offers
protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee.
19. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest
which would conflict in any manner or degree with the performance of services required.
DEP Agreement No. S0853, Page 11 of 14
20. EQUIPMENT:
Reimbursement for equipment purchases costing $1,000 or more is not authorized under
the terms and conditions of this Agreement.
21. CHANGE ORDERS:
The Department may at any time, by written Change Order, make any change in the Grant
Manager information, task timelines within the current authorized Agreement period, or
make changes that are less than 10% of the total approved deliverable budget (per
Paragraph 3). 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 Agreement
amount, expiration date of the Agreement, or deliverable costs that are equal to or greater
than 10% of the total approved deliverable budget (per Paragraph 3), shall require formal
Amendment to this Agreement.
22. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee /subcontractor is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
Grantee /subcontractor knowingly employs unauthorized aliens, such violation shall be
cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for
including this provision in all subcontracts with private organizations issued as a result of
this Agreement.
23. Reserved
24. DISCRIMINATION:
A. No person, on the grounds of race, creed, color, religion,, national origin, age,
gender, or disability, shall be excluded from participation in; be denied the
proceeds or benefits of; or be otherwise subjected to discrimination in performance
of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant
to section 287.134, F.S., 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 posts 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.
DEP Agreement No. S0853, Page 12 of 14
25. LAND ACQUISITION:
Land acquisition is not authorized under the terms of this Agreement.
26. PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is
performing work, or storing or staging equipment, materials or documents; and
B. Grantee shall permit inspection of any facility, equipment, practices, or operations
required in performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils,
materials or parameters at any location reasonable or necessary to assure
compliance with any work or legal requirements pursuant to this Agreement.
27. EXECUTION IN COUNTERPARTS:
This Agreement 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.
28. SEVERABILITY CLAUSE:
This Agreement has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida. Wherever possible, each provision of this Agreement
shall be interpreted in such manner as to be effective and valid under applicable law, but if
any provision of this Agreement shall be prohibited or invalid under applicable law, such
provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this Agreement.
Any action hereon or in connection herewith shall be brought in Leon County, Florida.
29. ENTIRE AGREEMENT:
This Agreement represents the entire agreement of the parties. Any alterations, variations,
changes, modifications or waivers of provisions of this Agreement shall only be valid when
they have been reduced to writing, duly signed by each of the parties hereto, and attached
to the original of this Agreement, unless otherwise provided herein.
DEP Agreement No. S0853, Page 13 of 14
}t
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,
the day and year last written below.
CITY OF BOYNTON BEACH
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: "
City Manager
Date:
FEID No.: 59- 6000282
By:
Secretary or Designee
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (4 Pages)
Attachment B Payment Request Summary Form Q Pages)
Attachment C Contract Payment Requirements (1 Page)
Attachment D Progress Report Form (1 PaQe)
Attachment E Special Audit Requirements (5 Pages)
DEP Agreement No. 50853, Page 14 of 14
DEF QC Reviewer
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Boynton Beachfront Park Sewer Treatment Plant Replacement
PROJECT AUTHORITY: Boynton Beach (Grantee) received funding from the Florida Legislature in the amount
of $300,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year (FY) 2015 - 2016, General
Appropriations Act. The Grantee received this funding for the purpose of replacing an existing sewer treatment plant
on a barrier island with a new energy efficient advanced treatment sewer plant that will also produce reuse water.
Authority for this Project is specified in Section 403.885, Florida Statutes. Monitoring and auditing guidelines, as
related to the Florida Single Audit Act, are specified in the Florida Catalog of State Financial Assistance (CSFA), No.
37.039.
PROJECT LOCATION: This project is located at 6451 North Ocean Boulevard, Ocean Ridge, Florida; Palm Beach
County. The hydrological unit for this project is 03090202 and the water body identifiers are 3226F, 3226F2, and
8098. The latitude and longitude coordinates for this project are 26.529856N and - 80.047704W. See F.igures 1 and 2
for a location map and site plan.
PROJECT BACKGROUND: The existing rotating biological contactor wastewater treatment plant (WWTP) at the
oceanfront park was constructed in 1982 for the park and the surrounding areas. At that time there was a much larger
flow of water. The flow has severely diminished since then due to several factors, including water conservation and
population demographic shifts. As a result, the WWTP is significantly oversized and cannot treat the wastewater flow
adequately.
PROJECT DESCRIPTION: The Grantee will contract with professional engineers to evaluate the wastewater
treatment plant (WWTP) options and prepare design drawings for a new wastewater plant. The Grantee will also
contract with a contractor to construct a replacement facility for the existing WWTP. The new WWTP will provide
irrigation quality water and more adequately meet current water flow needs. The work will include the replacement
of the existing deteriorating canopies with a new corrosion- resistant canopy system, which will include provisions to
collect rain water. The rain water will be collected in cisterns and used for on -site irrigation. The Grantee will install
solar panels, and may install wind turbines, to provide a portion of the electrical demand for the new wastewater
facilities as part of this agreement.
TASKS and DELIVERABLES:
Task 1: Design and Permitting
Task Description: The Grantee will procure professional engineering services in accordance with state law. The
Grantee will complete the design of a replacement wastewater treatment plant and obtain all necessary permits for
construction of the project. The Grantee will submit documentation of preconstruction activities, as described below.
Deliverable la: An electronic copy of the draft design at 30% completion submitted to the Department's Grant
Manager for review prior to submittal of the draft design at 60% completion.
Performance Standard: The Department's Grant Manager will review the draft design at 30% completion to verify
that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the
Grantee for incorporation. Upon review and written acceptance of this submittal by the Department's Grant Manager,
the Grantee may proceed with the payment request submittal for costs associated with this design document.
Deliverable lb: An electronic copy of the draft design at 60% completion submitted to the Department's Grant
Manager for review prior to submittal of the final design.
Performance Standard: The Department's Grant Manager will review the draft design at 60% completion to verify
that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the
Grantee for incorporation. Upon review and written acceptance of this submittal by the Department's Grant Manager,
the Grantee may proceed with the payment request submittal for costs associated with this design document.
DEP Agreement No. S0853, Attachment A, Page 1 of 4
5
Deliverable lc: An electronic copy of the final design, including professional certification as applicable. Upon
request, the Grantee will provide a paper copy of the final design submittal.
Performance Standard: The Department's Grant Manager will review the final design to verify that it meets the
specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for
incorporation. Upon review and written acceptance of this submittal by the Department's Grant Manager, the Grantee
may proceed with the payment request submittal for costs associated with this design document.
Deliverable ld: A list of all required permits identifying issue dates and issuing authorities submitted to the
Department's Grant Manager. Upon request, the Grantee will provide copies of obtained permits or permit related
correspondence or documentation.
Performance Standard: The Department's Grant Manager will review the list of all issued permits to verify that it
meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee
for incorporation. Upon review and written acceptance of the list of all issued permits by the Department's Grant
Manager, the Grantee may proceed with payment request submittal for costs associated with permitting.
Task 2: Construction
Task Description: The Grantee will construct a replacement WWTP in accordance with the final design(s) and
required permits.
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.
Deliverable 2a: 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 time period covered in payment
request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no
more frequently than monthly.
Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify
that 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 and specifications. 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: A replacement WWTP, 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.
PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all deliverables must be
received by the designated due date.
DEP Agreement No. 50853, Attachment A, Page 2 of 4
Task/ Task Start Task End Deliverable
Deliverable Task or Deliverable Title Due Date/
No. Date Date Frequency
1 Design and Permitting 07/01/2015 6/30/2018
la Draft design at 30% 9/30/2016
1b Draft design at 60% 12/31/2016
lc Final design 13/31/2017
1 d List of Permits 13/31/2017
2 Construction 07/01/2015 6/30/2018
Not more than
2a Interim deliverables once per
month
2b Final deliverables 4/30/2018
BUDGET DETAIL BY TASK:
Task No. Budget Category Budget Amount
1 Contractual Services $25,000
2 Contractual Services $275,000
Total: _ $300,000
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the
project as indicated below.
Category Totals Grant Funding, Not to Exceed,
$300,000
Contractual Services Total $300,000
Total: $300,000
DEP Agreement No. S0853, Attachment A, Page 3 of 4
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DEP Agreement No. S0853, Attachment A, Page 4 of 4
•
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•
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ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.: Agreement Effective Dates:
1
Grantee: Grantee's Grant Manager:
Mailing Address:
Payment Request No. Date of Payment Request:
Performance Period (Start date — End date):
Task/Deliverable No(s). Task/Deliverable Amount Requested: $
GRANT EXPENDITURES SUMMARY SECTION
I
[Effective Date of Grant through End -of -Grant Period]
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE
PAYMENT THIS REQUEST MATCHING
REQUESTS FUNDS 1
Salaries/Wages $N /A $N /A $N /A $N /A
Overhead/Indirect /G &A Costs $N /A $N /A $N /A $N /A
Fringe Benefits $N /A $N /A $N /A $N /A
Indirect Cost $N /A $N /A $N /A $N /A
Contractual (Subcontractors) $ $ $ $
Travel (if authorized) $N /A $N /A $N /A $N /A
Equipment Purchases (if authorized) $N /A $N /A $N /A $N /A
Rental/Lease of Equipment $N /A $N /A $N /A $N /A
Other Expenses $N /A $N /A $N /A $N /A
Land (if authorized) $N /A $N /A $N /A $N /A
TOTAL AMOUNT $ $ $ $
TOTAL TASK/DELIVERABLE $ $ . • `
BUDGET AMOUNT :� . T-: -4.. - = q ;ti
Less Total Cumulative Payment $ $ .
Requests of: . -..� ...... • -
TOTAL REMAINING IN TASK $ $
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, Page 1 of 3
Grantee's Certification of Payment Request
(Print name of Grantee's Grant Manager designated in the Agreement)
on behalf of , do hereby certify that: .
(Print name of Grantee/Recipient)
Q The disbursement amount requested is for allowable costs for the project described in Attachment A of
the Agreement.
Q 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.
Q 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
Print Name Print Name
Telephone Number Telephone Number
Attachment B, Page 2 of 3
COMPLETING
R C
INSTRUCTIONS O O
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.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
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 the amount that was expended for this task during the period
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 the task on the "TOTAL TASKB UDGETAMOUNT '
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 TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK' line.
"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 final request (this amount cannot exceed the approved budget amount for that budget category for the task
you are reporting on). Enter the column total on the "TOTALS" 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 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. TASK BUDGET AMOUNT' 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 TASK BUDGET AMOUNT' for the amount to enter on the
"TOTAL REMAINING IN TASK' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to
date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report 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.
NOTES:
If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services, Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
Attachment B, Page 3 of 3
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements.
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with 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:// www. fldfs .com /aadir /reference_guide.htm
Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Grant Manager: 1 Telephone No.: 1
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
and accurately reflects the activities associated with the project.
' Grant Manager of Grantee's e a t er Date g
Attachment D, Page 1 of 1
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department ", "DEP ", "FDEP" or "Grantor ", or other name in the contract /agreement) to the recipient
(which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject
to audits and /or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By
entering, into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB
Circular A -133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must
be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http:/ /12.46.245.173 /cfda /cfda.html.
Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state 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 for - profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https: / /apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http: / /www. leg .state.fl.us /Welcome /index.cfm, State of Florida's website at
http: / /www.myflorida.com /, Department of Financial Services' Website at http: / /www.fldfs.com/ and the
Auditor General's Website at http: / /www.state.fl.us /audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE. This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the All 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:
Attachment E, 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.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http: / /harvester.census.gov /fac/
C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at one 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.fl.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:
FDEPSingleAudit@dep.state.fl.us
Attachment E, 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@dep.state.fl.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 10.550 (local governmental entities) or 10.650 (nonprofit and
for - profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment E, Page 4 of 5
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant 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. Pursuant to this Agreement 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 Funding Source Description Funding Amount Category
Original General Appropriations, 2015 -2016 37.039 Statewide Surface Water Restoration $300,000.00 140047
Agreement Line Item 1662A And Wastewater Projects
Total Award $300,000.00 I "
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http:/ /12.46.245.173 /cfda/cfda.html] and /or the Florida Catalog of State Financial Assistance (CSFA) [https: // apps. fldfs .com /fsaa/searchCatalog.aspx]. The
services /purposes for which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated
in the Contract.
Attachment E, Page 5 of 5