Res. No. 110-09-12919RESOLUTION NO.: 110 -09 -12919
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AMENDMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
FOR SOUTH MIAMI STORMWATER IMPROVEMNTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami received a grant from Florida Department of Environmental
Protection; and
WHEREAS, the Mayor and City Commission wish to amend the grant agreement with Florida
Department of Environmental Protection; and
WHEREAS, the Grant Amendment will continue the $800,000.00 grant for stormwater
improvements with a time extension of one (1) year.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to execute the grant
amendment with Florida Department of Environmental Protection.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this
ATTEST:
READ AND APPROVED AS TO FORM: NEY
Include File Name and Path
16th day of June 2009.
APPROVED:
MAYOR
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
South Miami
NI- pmericaCiry
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: W. Ajibola Balogun, City Manager
From: Carol M. Aubr
Grants Writer and Administrator
Date: June 17, 2009 Agenda Item No.:
Subject: South Miami Stormwater Improvements Grant Amendment with Florida
Department of Environmental Protection
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AMENDMENT WITH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) FOR SOUTH MIAMI
STORMWATER IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE
DATE
Request: To authorize the City Manager to execute a grant amendment with Florida
Department of Environmental Protection for Stormwater Improvements
Reasc is In 2006, the City of South Miami was awarded a grant in the amount of
$800,000.00 from Florida Department of Environmental Protection. The
project was for a period of two (2) years and is currently underway.
However, a time extension is being sought in order to successfully
complete the project and utilize the entire award amount. The resolution
will allow the City Manager to execute the grant amendment with FDEP
for South Miami Stormwater Improvements for an extension of one (1)
year.
Cost: N/A
Funding Source: Florida Department of Environmental Protection
Backup Documentation:
❑ Proposed Resolution
❑ Proposed Contract Letter & Amendment
❑ Previous Resolutions
❑ Existing Contract
May 20, 2009
Ms. Carol Aubrun
Florida Department of Charlie Gist
Governor
Protection Environmental 1- rotection Ieflkoltkamp
LL Governor
Bob Martinez Center
2600 Blair Stone Road Michael W. Sole
Tallahassee, Florida 32399 -2400 Secretary
Engineering & Construction Operations Manager
City of South Miami
4795 S.W. 75th Avenue
South Miami, Florida 33155
Re: LP6781- City of South Miami
South Miami Stormwater Improvements
Dear Ms. Aubrun:
Enclosed are two original copies of the proposed Legislative Project grant
Amendment 2 for the City's stormwater improvement project. The amendment
'ends the date of completion for the project.
Please have the City Manager sign on page 3 of the enclosed two copies. Return
both copies to us within three weeks at 2600 Blair Stone Road, Mail Station 3505,
Tallahassee, Florida, 32399 -2400. We will arrange for the Deputy Division
Director to sign the document and mail a fully executed original to the City.
If you have any questions about the amendment, please tail Maura Callahan at
850/245 -8358.
Sincerely,
L•
Robert E. Holrnden, P.E., Chief
Bureau of Water Facilities Funding
RH /mc
Enclosures
cc: Yvonne S. McKinely -City of South Miami
W. AjiboIa Balogun - City of South Miami
'More Protection, Less Process"
m4w.. dep.state. (l. us
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6781
CITY OF SOUTH MIAMI
AMENDMENT NO. 2
THIS AGREEMENT as entered into on the 24th day of October, 2006, and amended on
the 11 day of June, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "Department') and the CITY OF SOUTH MIAMI
(hereinafter referred to as the "Grantee" or "Recipient') is hereby amended.
WHEREAS, the Grantee has requested an extension of the term of the Agreement in
order to complete the project as planned; and,
WHEREAS, it has been determined that an extension of time to complete the project
would be in the best interest of the State; and,
WHEREAS, the Grantee understands that certification forward of State Fiscal Year 2006-
2007 funds supporting this Amendment beyond June 30th of each year is subject to the approval
of the Governors Office; and,
WHEREAS, the Grantee has requested an end date that extends beyond the current
authorized funding period; and,
WHEREAS, the Grantee understands that if the Governor's Office does not approve the
Departments request to certify the funds forward, the Grantee will not be eligible for
reimbursement for the activities covered by the remaining unpaid State Fiscal Year 2006 -2007
funds;.and.
WHEREAS, additional changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2. is hereby revised to change the completion date of the Agreement from
June 30, 2009, to June 30, 2010, and to include the following language as a separate paragraph.
The Grantee understands and agrees that certification forward of the State Fiscal Year
2006 -2007 funds supporting this Agreement beyond June 30th of each year is subject to the
approval of the Governor's Office.
4. Attachment A, Project Work Plan, is hereby amended to include Attachment A -2,
Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in
the Agreement to Attachment A, Project Work Plan, shall hereinafter refer to Attachment A,
Project Work Plan, Attachment A -1, Revised Project Work Plan and Attachment A -2, Revised
Project Work Plan.
DEP Agreement No. LP6781, Amendment No. 2, Page 1 oP.,
In all other respects, the Agreement of which this is an Amendment, and attachments
relative thereto, shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6781, Amendmem No. 2, Page 2 o1'3
This Amendment 2 to State Financial Assistance Agreement LP6781 shall be executed in
two or more counterparts, either of which shall be regarded as an original and all of which
constitute but one and the same instrument.
IN WITNESS WHEREOF, the Department has caused this amendment to the State
Financial Assistance Agreement to be executed on its behalf by the Deputy Director of the
Department and the Grantee has caused this amendment to be executed on its behalf by its
Authorized Representative. The effective date of this amendment shall be as set forth below by
the Deputy Director of the Department of Environmental Protection, Division of Water
Resource Management.
CITY OF SOUTH MIAMI
By:
City Manager
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Deputy Director
Division of Water Resource
Management
JUN 2 2 2009
Date:
Tommy illiams,,DEP Grant Manager
*For Agreements with governmental boards/ commissions: If someone other than the
Chairman signs this Amendment, a resolution, statement or other document authorizing that
person to sign the Amendment on behalf of the Grantee must accompany the Amendment.
List of attachments/ exhibits included as part of this Amendment:
SpecifXType Letter /Number Description (include number of pages)
Attachment A -2 Revised Project Work Plan (1 page)
DEP Agreement No. LP6781, Amendment No. 2, Page 3 of:
ATTACHMENT A -2
REVISED PROJECT WORK PLAN
Please complete this foran with as march detail as possible
AR ANTRRfPROJF,CT INFORMATION:
Grantee:
CITY OF SOUTH MIAMI
Project Title:
South Miami Storinwater Lm rovements
DEP Grant #:
LP6781
II. FUNDING PLAN: No Change in Funding Plan
Category of Expenditure
2006 -2007 LP
Grant
Funds Provided
2006 -2007
Match Required
Total 2006 -2007
Funding
Professional Services
Construction &
Demolition
Land
Equipment
')ther (Specify)
Total
III. SCOPE OF WORK:
No Change in Scope
IV. PROJECT MILESTONES: Change to Ending Date.
(i.e. timelines, contracts, if funded in prior year(s) where is the project now)
If the scope of work includes construction:
Estimated Construction start date:
Estimated scope of work completion
date: June 30, 2010
V. LOCAL MATCH & OTHER GRANT FUNDS: No Change in Match, etc
RESOLUTION NO.: 92 -08 -12689
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE, CITY MANAGER TO EXECUTE A GRANT
AMENDMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
FOR SOUTH MIAMI STORMWATER IMPROVEMNTS;
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wish to amend the grant agreement with Florida
Department of Environmental Protection; and
WHEREAS, the Grant Amendment will continue the $800,000.00 grant for stormwater
improvements with a time extension of one (1) year.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to execute the grant
amendment with Florida Department of Environmental Protection.
Section 2: The attached exhibit is Incorporated by reference Into this resolution.
PASSED AND ADOPTED this afL day of 2008.
ATTEST: APPROVED:
TY CLERK MAYOR
READ D APPROVED AS TO FO -
Include Flla Name and Path
COMMISSION VOTE:
4 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
CommissionerWiscombe:
Yea
Commissioner Beckman:
absent
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JUN 18 2008
Ms. Carol Aubrun, Manager
City of South Miami
Engineering and Operations
4795 SW 75s' Avenue
Miami, Florida 33155
Re: LP6781— City of South Miami
South Miami Stormwater Improvements
Dear Ms. Aubrun:
Charlie Crist
Governor
Jeff Kottkamp
LL Governor
Michael W. Sole
Sea etap�
Er.::_ sed is one original copy of Amendment 1 to your stormwater improvement project.
The amendment provides additional time for the completion of the project. The
amendment is now in effect.
If we may be of further assistance, please contact Michael Isaacson at 850/245 -8358.
Sincerely,
Phil Coram, P.E., Deputy Director
Division of Water Resource Management
PC /mi
Enclosure
cc: Yvonne S. McKinley — City of South Miami
W. Ajibola Balogun — City of South Miami
"More Protection, Less Process"
t4a4,w.dep.state.0. its
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6781
CITY OF SOUTH MIAMI
AMENDMENT NO. I
THIS AGREEMENT as entered into, on the 2461 day of October, 2006 between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department ") and the
CITY OF SOUTH MIAMI (hereinafter referred to as the "Grantee" or "Recipient ") is hereby amended.
WHEREAS, the Grantee has requested an extension of the term of the Agreement in order to complete the
project as planned; and,
WHEREAS, it has been determined that an extension of time to complete the project would be in the best
interest of the State; and,
WHEREAS, the Grantee understands that certification forward of State Fiscal Year 2006 -2007 funds
supporting this Amendment beyond June 306i of each year is subject to the approval of the Governor's Office; and,
WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding
period; and,
WHEREAS, the Grantee understands that if the Governor's Office does not approve the Department's
request to certify the funds forward, the Grantee will not be eligible for reimbursement for the activities covered by
the remaining unpaid State Fiscal Year 2006 -2007 funds; and,
WHEREAS, additional changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2. is hereby revised to change the completion date of the Agreement from June 30, 2008, to
June 30, 2009, and to include the following language as a separate paragraph.
The Grantee understands and agrees that certification forward of the State Fiscal Year 2006 -2007 funds
supporting this Agreement beyond June 306i of each year is subject to the approval of the Governor's Office.
2. Section 3. is amended to include the following paragraph.
Written approval from the Department's Grant Manager shall be required for changes between budget
categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and
revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater
than 10% will require a formal amendment to the Agreement.
3. Section 5. is hereby deleted in its entirety and replaced with the following;
Progress Reports (Attachment C) shall be submitted describing the work performed, problems
encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress
reports shall be submitted in conjunction with the Disbursement Request Package, described in paragraph 3.B. If
advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 and on the
Advanced Payment — Interest Earned Memorandum, Attachment E) the amount of funds expended during the
reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the
method for repayment of the interest to the Department (see paragraph 15). It is understood and agreed by the
parties that the term "reporting period" reflects the period of time for which the invoices submitted in the
Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar days to
review deliverables submitted by the Grantee.
DEP Agreement No. LP6781, Amendment No. I, Page l of 3
4. Attachment A, Project Work Plan, is hereby •amended to include Attachment A -1, Revised Project Work
Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, Project
Work Plan, shall hereinafter refer to Attachment A, Project Work Plan, and Attachment A -1, Revised Project
Work Plan. .
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall
remain in fall force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6781, AmendmentNo. 1, Page 2 of 3
This Amendment 1 to State Financial Assistance Agreement LP6781 shall be executed in two or more
counterparts, either of which shall be regarded as an original and all of which constitute but one and the same
instrument.
IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance
Agreement to be executed on its behalf by the Deputy Director of the Department and the Grantee has caused this
amendment to be executed on its behalf by its Authorized Representative. The effective data of this amendment
shall be as set forth below by the Deputy Director of the Department of Environmental Protection, Division of Water
Resource Management.
CITY OF SOUTH MIAMI
City Manager
j to rle �OCi 8
FLORIDA DEPARTMENT OF
ENVIRON7AL PROTECTION
By :—
Deputy Director
Division of Water Resource Management
Date: IJUN 11 W
/TZo4m�mZyWiliiams, DPP Grant Manager
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of
the Grantee must accompany the Amendment.
List of attachments /exhibits included as part of this Amendment:
Specify Type Letter/Number Description (include number of pages)
Attachment A -1 Revised Project Work Plan (1 page)
DEP Agreement No. LP6781, Amendment No. 1, Page 3 of 3
RESOLUTION NO. 181 -06 -12322
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT OF $800,000 WITH FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR SOUTH MIAMI
STORMWATER IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission. wishes to accept grant from Florida
Department of Environmental Protection; and
WHEREAS, the agreement is intended to award the city $800,000 grant to provide
drainage improvements along Sunset Drive.
NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 9. That the Mayor and City Commission authorize the City Manager to
execute a $800,000 grants agreement with Florida Department of Environmental Protection with
matching funds from South Florida Water Management District grant, Storm Water Drain Trust
Fund, People Transportation Tax Fund, Local Option Gas Tax Trust fund, funds contributed
towards the project by CRA.
Section 22. The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this 174-4 day of lu�,_, 2006.
ATTEST: r�
CITY CLERK
Include File Name and Path
APPROVED,
MAYO & -
TO FORM: COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmier:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
lab Bush
Governor
Department of
Environmental Protection
• I 1 � � I
.. i. ..•
OCT 3 0 2006.
Mr. Greg Netto, Manager
City, of South Miami
Engineering and Operations
4795 SW 75' Avenue
South Miami, Florida 33155
Twin Towers Office Building
2600 Blair Stone Road Colleen M. Castilla
Tallahassee, Florida 32399 -2400 Secretar1,
Re: LP6781— City of South Miami
South Miami Storrowater Improvements A--"''
Dear Mr. Netto:
We are pleased to provide financial assistance for your stormwater improvement project.
One copy of the fully executed grant agreement is enclosed To draw money under the
agreement, please call Tommy Williams at 850/245 -8358 for assistance iri completing a
disbursement request. For your convenience, electronic copies of the attachments are
located on our web page: bttp: 1/www.d6p.state.fl.us /water /wfgindex.him under
2006 -2007 Legislative Project Information, Proposed L Grant Attachments.
We congratulate you and your staff on your efforts and are pleased that we can work with
you on this project.
Sincerely,
Mimi A. Drew
Director
Division of Water Resource Management
MUCK
Enclosure
cc: Yvonne S. McKinley— City of South Miami
W. Ajibola Balogun — City of South Miami
'More Prote0on, Less, Process"
Pdnmd on reryded paper.
tD ECEOVE
STATE FINANCIAL ASSISTANCE AGREEMENT
CITY OF SOOTH WAMC
DEP AGREEMENT NO. LP6781
STATE OF FLORIDA
GRANT ASSISTANCE
Pi1RSUANT TO LINE ITEM 1821 OF THE 2006 -2007 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPART'MI NT 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 SOUTH MIAMI, whose address is 6130
Sunset Drive, South Mfa4 Florida 33143 (hereinafter referred to as "Grantee" or ` Recfpienf'), a local government
under the laws of the State of Florida, to provide fiords forthe South Miaud Stormwatar Improvements project.
In consideration of the mutual benefits to be derived herefrom, 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-heroin which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and
"Agreement" and the terms "Grantee ", "Recipient" and " Contractor" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and and no later than June 30, 2008, inclusive.
This Agreement may be amended to provide for additional services if additional funding is made available
by the Legislature.
3. .4. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Deparhnom shall pay the Grantee on a cost reimbursement basis in an amount not to exceed
$800,000. The parties hereto agree that the Grantee is responsible forprovidmg a Tmninnmr match
of $500,000 toward the project described in Attachment A. 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 to provide for the work that can be accomplished for the funding identified above.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
receipt 'and acceptance of a properly completed Disbursement Request Package (provided as
Attachment B). In addition to the disbursement fort, the Grantee mast provide from its
accounting ayatem, a listing of expenditures charged against this Agrecmaut. The listing shall
include, at a minhmmr, a'description of the goods or services purchased, date of the transaction,
vouchei number, amount paid, and vendor name. All requests for reimbursement of travel
expenses shall be in accordance with travel Brits established in Section 112.061, Florida Statutes.
The Disbursement Request Package must include:
(1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such
requests must be acbompanied by sufficiently itemized summaries of the materials, labor, or
services to identify the nature of the work performed; the cost or charges for such work; and
the person providing the service or performing the work. if payment is based on an
authorized advance for incurred costs, invoices reflecting such costs =at be included After
receipt of advance funds the Grantee shall provide proof of payment to the Department
within 30 days receipt of advance fiords. If payment is based on reimbursement, proof of
payment of the invoices is required; and
(2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the
Project; that the materials, labor, or services represented by the invoice have been
satisfactorily purchased, performed, or received and applied to the project; that all funds
DEP Agreement No. LP6781, Page I of 6
received to date have been applied toward completing the Project; and that under the terms
and provisions of the contracts, the Local Government is required to make such payments;
and
(3) A certification by the engineer responsible for overseeing construction stating that
equipment, materials, labor and services represented by the construction invoices have been
satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with
construction contract documents; stating that payment is in accordance with construction
contract provisions; stating that construction, up to the point of the requisition, is in
compliance with the contract documents; and identifying all additions-or deletions to the
Project which have altered the Project's performance standards, scope, or purpose since the
issue of the Department construction permit•, and
(4) Such other certificates or documents by.engineers, attorneys, accountants, contractors, or
suppliers as may reasonably be required by the Department.
C. In addition to the invoicing requirements contained in paragraph 3.E. above, the Department will
periodically request proof of a transaction (invoice, paymll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate, This information when requested must be provided within
30 calendar days of such request. The Grantee may also be required to submit a cost allocation
plan to the Department in support of its multipliers (overhead, indirect, general administrative
costs, and fringe benefits), All bills for amounts due under this Agreement shall be submitted in
detail sufficient for a proper pre -audit and post -audit thereof.
D. State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures atbAMJAvww.Ildfs.com/aadh*eferenc e ° /SF ado,
4. The State of Florida's perform ?ce 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.
5. Progress Reports (Attachment Q shall be sub:rritted describing the work performed, problems
eecountared, problem resolution, schedule updates and proposed work for the next reporting period. If
advance payment is authorized, the Grantee shall report (and document as required under paragraph 3
above and Attachment E) the amount of funds expended daring the reporting period, the Agreement
expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the
interest to the Department (see paragraph 15). Progress reports shall be submitted to the Department's
Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It
is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar .
quarters ending March 31, Juno 30, September 30 and December 31. The Department's Grant Manager
shall have ten (10) calendar days to review deliverables submitted by the Grantee.
6. 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.
7. A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fU= any ofits obligations under this Agreement. Prior to terndnation, 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.
DEP Agreement No. LP678I, Page 2 of 6
8. This Agreement may be unflaterallycanceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(1), Florida Statutes.
9. A The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit
Requirements), attached hereto and inccrporated herein by reference. Exhibit 1 to Attachment D
summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in
complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to
the Grantee for each amendment which authorizes a finding 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 D, 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 subzecipient 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 'Y..inks/Forms"
section appearing at the following website;
httyJ /auns.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 xequirements.
10. A. The Grantee shall not subcontract assign, or transfer any work under this Agreement without the
prior written consent of the Department's Grant Manager: The Grantee agrees to be responsible
for the fir Alment of all work elements included in any subcontract consented to by the Department
and agrees to be responsible for the payment of all monies due under any subcontract it is
understood and agreed by the Grantee that the Department shall not be liable to any subcontractor
fox any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. The Department will be glad to furnish a list of minority owned businesses for
consideration in subcontracting opportunities.
11. In accordance with Section 216. 347, Florida Statutes, tho. Grantee is hereby prolubited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, fine judicial branch or a state
agency.
12. 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 req'uiremant includes
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
DEP Agreement No. LP6781, Page 3 of 6
13. no Deparbmew's Grant Manager for this Agreement is identified below.
Tommy Williams
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399 -2400
Phone: 850- 245 -8358
Fax: 850- 245 -8411
Ewan: thomas.e.willlams@dep.state fl.us
14. The Grantee's Grant Manager for this Agreement is identified below.
Greg Netto
City of South Mlaml
4795 S. W. 7PAvenue
Miami, Florida 33155
Phone: 305 -663 -6350
Fax 305-668 -7208
Email: gnetto@cityofsouthmiami.net
15. In accordance with Section 216.181(I6)(b), Florida Statutes, the Department, upon written request from
the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an
advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest
income to the Department within thirty (30) days of each calendar quarter, or apply said interest income
against the Department's obligation to pay, if applicable, under this Agreement Interest awned must be
returned to the Department within the timebrame identified above or invoices must be received within the
swiie tuneframs that shows the offset of the interest earned.
Unused funds, and interest accrued on any unused portion of advanced funds which has not been xemitted to
the Department, shall be returned to the Department within sixty (60) days of Agreement completion.
The parties hereto acknowledge that the State's Chief Financial Officer may identify additional
requirements, which must be met in order for advance payment to be authorized. If the State's Chief
Financial Officer imposes additional xcquirements, the Grantee shall be notified, in writing, by the
Department's Grant, Manager regarding the additional requirements. Prior to releasing any advanced funds,
the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of
the Grantee's acceptance of the terms imposed by the State's Grief Financial Officer for release of the
funds.
If advance payment is authorized, the Grantee shall be responsible for submitting the information requested
in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form
(Attachment F) to the Departments Grant Manager quarterly. This information shall be requested by the
Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoiceheporting
requirements established in paragraphs 3 and 5.
16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agrcoriu: ; Workers' Compensation Insurance for all of his employees connected with the
work of this project and, in case any work is subcontracted the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by the Grantee. Such 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 wider ibis 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 ofbis emplpyees not otherwise protected.
DEP Agreement No. LP6781, Page 4 of 6
17. The Grantee, as an independent contractor and not an agent, representative, or employee ofthe Department,
agrees to carry adequate liability and other appropriate forms of irismance. The Department shall have no
liability except as specifically provided in this Agreement.
18. The Grarrtee 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
19. The purchase of non - expendable personal property or equipment costing $1,000 or more is not authorized
under the terms of this Agreement.
20. The Department may at any tune, by written order designated to be a change order, make any change in the
Project Work Plan wiflda the general scope of this Agreement (e.g., specifications, task timeline within
current authorized agreement period, method or manner of performance, requirements, etc.). All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that
causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this
Agreement.
21. 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 benclits of or be otherwise subjected to
discrimination in performance ofthis Agmemsnt.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, =Mbe, 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
res able for maintaining the discriminatory vendoi list and intends to post the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Managamergt Services, Office of Supplier Diversity, at 8501487 -0915.
21 land acquisition is not authorized under the terms of this Agreement.
23. 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, duty signed by each of the parties hereto, and attached to the original of this Agreement, Mess
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6781, Page 5 of 6
IN WITNESS WHaEOF, the parties bane caused this Agreement to be duly executed, the day and year
last written below.
CITY OF SOVM M14M1
Ey: ,
Manager
Date: t
• s. t.. �...• rGit •.
Director
Division of WaterResoure Management
'OCT24AM
_ ✓ ✓d�_
Grant
*For Agreements with govennnentalboards /commissions: If someone other than the Chairman signs this Agreement
a resolution, statement or other document authorizing that person to sign the Agreement on bebalf of the
governmental board/commission must accompany the Agreement.
List of attacbments/exhibits included as part of this Agreement
Specify,
Letter/
Description (include number of pages)
Type
Number
Attachment
A
ProlectWmkPlan (2Pages)
Attachment
B
DisbutsemontLe st Package (3 Pages)
Attachment
C
Progress Report Form (2 Pages)
Attachment
D
Special Audit Requirements (5 Pages)
Attachment
E
Advance Payment— Interest Earned Memorandum (IPage)
Attachment
F
Advance Payment Justification Form (3 Pages)
DEP AgraamentNo, 126781, Page 6 of 6
Please complete this form with as much detail as possible
1. GRANTEE/PROJECT INFORMATION:
Grantee:
City of South Mami
Project Title:
Sunset Drive Drainage Improvement
DEP Grant #:
LP6782
11. FUNDING PLAN:
Category of Expen&ture
20062007 LP Grant
Funds Provided
2006107 & 2007/08
Match Required
Total 2006/01 &
2007/08
Funding
Professional Servlcas
$200,000
$108,500
$308,500
Construction & Demolition
$600,000
$691,500
$X X,500
Land
Equipment
Other (Specify
Total
$800,000
$SOD,000
$1,600,000
III. SCOPE OF WOM. (e.g., specifications, task timeline within current authorized Agreement period,
method or mamrer of performance, requirements, quarterly cash needs, etc.)
This project encompasses the right -of -way along Sunset Drive (SW 72ad Street) from the Western City
limits (SW 69b Avenue) to US 1. However, the main segment that is located in and around City Hall
(from SW 62afl Avenue to US 1 along Sunset Drive and the parking lot area of City Hall) experiences
flooding during a moderate to heavy rainfall events.
Other creative ways of addressing the flooding problems will include creating imperious areas by
reducing asphalt area (lane width reduction and creating landscape medians) along the Project corridor.
This will no doubt provide for more green space coupled with the upgrade of the drainage system and
the new infrastructure will revamp the location and eliminate flooding.
Moreover, together with the Context Sensitive Design principles will provide a prime example of the
principles behind the "Livable Community Initiative" movement
An estimated project timelime is as follows:
Item Completion Date
Task 1: Complete design and permit application process September 2007
Task 2: Issue bids; receive and award bids October 2007
Task 3: Constmctiou Period January �s-9
Task 4: Project close-out Decemberr 2
Scope Detail:
1. The Engineer of Record (C3TS) shall be responsible for the final project plan and implementation
of the plan The project plan shall include surveys, construction drawings; time lines, detailed
budget information, bid documents and any subcontracts. Copies of all documents shall be
submitted to the Department for review and approvaL
2. The Engineer of Record (C3TS) shall be responsible for obtaining all necessary
permits/authorizations.
3. The City of South Miami and Engineer o£Record (C3TS) shall notify the Department of the
construction start up dates within at least 7 days prior to commencement
4. The Contractor shall provide adequate on -site management to ensure compliance with the project
play and any permit conditions/requirements.
5. The Contractor shall be responsible for proper turbidity, sediment and erosion control at the work
site. The Contractor shall be responsible for ensuring that state water quality standards pursuant
to Chapter 62 -302 F.A.C. are met
6. Any significant modifications to the project plan must be agreed upon by the Department and the
Contractor.
7. The City shall submit quarterly progress reports, which shall include invoices, in accordance with
Agreement requirements.
M LOCAL MATCH & OTHER GRANT FUNDS:
List the wioces and amounts for all fimds being used to fiord this pmjML
SOURCE
AMOUNT$
2DD&2007 LP nt
$800,000•
2006/07 & 2DD7 /08Match
1. Local Matc ' Ci /CRA
$753,500
2. South Florida Water Management District
$46 ,500
Total Project Cost
$1,600,000
ATTACIfiY.[RNT B
Disbursement Request Package
Legislative Projects (LP) Grants
1. Grantee/Recipient CITY OF SOUTH MIAMI
2. Project Number LP6782 Date of Request
3. Disbursement Request Number Required Match %
4. Type of Request Partial ❑ Final ❑
5. Federal Employer Identification Number
6. Mail ❑ EFT ❑ Send Remittance to:
Disbursement Details
(cumulative amounts rounded to the nearest dollar)
I. Planning (attach invoices) $
2. Engineering (attach invoices)
3. Construction and Demolition (attach invoices
4. Technical Services during Construction (attach invoices)
S. other (list - must be specified in agreement)
6. Total cumulative to date S
7. Disbursements previous lyrequested $( )
8. Amount requested for disbursement (line 6 minus line 7) $
Requests for Invoices already Paid: Requests for Invoices not yet Paid:
1) Copy of Invoice 1) Copy of Invoice
2) Proof of Payment 2) Advance Payment Justification (one per quarter)
3) Advance Payment — Interest Earned (after initial advance)
*If prior Disbursement Request was requested by Invoices without proof of payment documentation, proof of the
prior payment will be required before this request can be disbursed.
** SUBMIT ONE ORIGINAL COPY OF TMS FORM AND SUPPORTING DOCUMENTATION TO: **
Florida Department of Environmental Protection
Bureau of Water Facilities Funding MS 3505
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
DEP Agreement No. LP6782, Attachment B, Page 1 of 3
on behalf of
Grant Manager's Certification
of Disbursement Request
(name of Grantee's Grant Manager designated in the Agreement)
(name of CnanteelRecipient)
do hereby certify that:
1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the
Agreement. .
2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been
satisfactorily purchased, performed or received, and applied toward completing the project; such costs are
documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records.
3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project,
and the Grantee is not in default of any terms or provisions of the contracts.
4. All fiords received to date have been applied toward completing the project
5. All permits and approvals required for the construction which is underway have been obtained.
( Signature of Grant Manager)
(Date)
DEP Agreement No. LP6782, Attachment B, Page 2 of 3
Engineer's Certification
of Disbursement Request
11 , being the Professional Engineer retained by
(name of Professional Engineer)
am responsible for overseeing construction of the
(name of Crrantee/Recipient)
project described in the Agreement and do hereby certify that:
1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased
or received and applied to the project in accordance with construction contract documents filed with and previously
approved by the Department of Environmental Protection;
2. Payment is in accordance with construction contract provisions;
3. Adequate construction supervision is being provided to assure compliance with construction requirements and
Florida Administrative Code Chapter 62 -600 or Chapter 62 -604, as appropriate;
4. Construction up to the point of this disbursement is in compliance with the contract documents;
5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all
change orders have been submitted to the Department; and
6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose
(since issue of the pertinent Department permit) have been identified in writing to the Department or are identified
and attached hereto.
Signature of Professional Engineer
i
(Date) (P.E. Number)
DEP Agreement No. LP6782, Attachment B, Page 3 of 3
ATTACHMENTC
PROGRESS REPORT FORM
DEP Agreement No.:
LP6782
Grantee Name:
CITY OF SOUTH NEW41
Grantee Address:
Grantee's Grant Manager:.
Telephone No.:
Quarterly Ile rting Period:
Project Number and Title:
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
Provide an update on the estimated time for completion of the project and an explanation for
any anticipated delays.
Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
DEP Agreement No. LP6782, Attachment C, Page i of 2
(continued from page 1)
identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., report data sets, links to on -line photographs, etc.)
Provide a project budget update, com
Total Project
Bud et Cate o Bud et
:oaring the project budget
Expenditures
Prior to this
Reporting
Period
to actual costs
Expenditures
this Reporting
Period
to date.
Project Funding
Balance
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
LP6782 and accurately reflects the activities and costs associated with the subject project,
Signature of Grantee's Grant Manager
DEP Agreement No. LP6792, Attachment C, Page 2 of 2
Date
ATTACHMENT D
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department ", 'DEP ", 7DEP" 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) maybe 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 ibis 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. EXMBIT 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 1, 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 iecipient 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 (ie., 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 h_Ptt •/ /12.46.245.173 /cfda/cfda.html
PART H: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
L In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project- specific audit
for such fiscal year in accordance with 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 -ptofit
DEP Agreement No. LP6782, Attachment D, Page I of 5
organizations), Rules of the Auditor General. E UMIT 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
snatching requirements.
2. In connection with the audit requirements addressed in Part U, paragraph l; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
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 (ie., the cost of such an audit most 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 hgps• /lapps.fIdfs.com/fsaaIor the Governor's Office
of Policy and Budget website located at htto://www.ebudi4et.state.fl.us/ for assistance. la addition to the
above websites, the following websites may be accessed for information: Legislature's Website
hu: /Iwww lee state fl.us/Welcome /index.cfm Governor's Website http: / /www.mvfloddA.Pom Department
of Financial Services' Website http7l /wwwfldfscgM/ and the Auditor General's Website
htto: / /www.state fl us/audgen/Rages /fls aa.htm
1 � It ! tl • 1 • t• t
(NOTF: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that nu c solely a matter of that State awarding enfity's policy (i. e, the audit is not required by Federal or State taws
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 forfunding thefull cost ofsuch 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 dn' ectly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
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
DEP Agreement No. LP6782, Attachment D, Page 2 of 5
C. Other Federal agencies and pass - tbrough 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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient direct] to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
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.
DEP Agreement No. LP6782, Attachment D, Page 3 of 5
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
DEP Agreement No. LP6782, Attachment D, Page 4 of 5
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ATTACTHW ENT E
ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM
WHEN REPORTING OR REMITTING PLEASE RE'T'URN A COPY OF THIS REQUEST
OILS
FROM: Darinda McLaughlin, Finance and Accounting Director
Bureau of Finance and Accounting, MS 78
DATE:
SUBJECT: Advance Payment - Contract No.
Interest Due to DEP:
Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account
until all fonds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest doe,
advance approval, of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed
for our records no later than
Initial advance funding disbursed,
1. Advanced funds principle expended or returned by contractor covering period of
to
2. Balance advance funding principle available
3. Interest earned on advanced fiords covering period of to
4. Amount of interest paid to DEP as of
5. Interest balance due to DEP as of _
(Project Manager's Signature) (Date)
Special Instructions: If the grant/contract specifies that any accrued interest, which is based upon a grant/contract advance payment(s),
Will not be paid to DEP until after termination of the grant/oontract, the advance fund recipient shall complete report items 1 and 2
only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3,
4, and 5. Items 3, 4, and 5 will be the Iife to date interest
If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines I and 2.
In all cases the line 1 and 2 reported amounts are on a. cash basis for the advance payment principle. Do not include receivables,
payables, or interest previously paid to DEP.
If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each
quarterly report
Payments of interest due to DEP shall be paid within the specifications of the contract/grant.
'thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245 -2452
in the Contracts Disbursement Section.
DEP Agreement No. LP6782, Attachment E, Page 1 of 1
ATTACHMENT F
ADVANCE PAYMENT JUSTIFICATON FORM
Use of this form is not required unless the advance requested requires the prior approval of the Comptroller. For advance
requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida
Statutes, and meet one of the advance payment requirements Identified in Section 215.422(14), Florida Statutes, use of
this form is waived. However, the purchase requisition or contract review form must dearly identify the criteria being met
under 215.422(14), Florida Statutes that allows the advance to be made without prior Comptroller approval.
Name /Address of the Vendor /Recipient:
Contact Person /Phone No.:
Agreement No: /Purchase Order No. (if known):
LP6782
Commodities /Services /Project Description:
Organizational Structure
i.e. local ov't non-profit coEporationx etc.
value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover:
❑ 90 days startup
❑ Fuil Contract Period
❑ Quarterly
s d
Indicate Statutory Authority:
❑ 215.422, F.S ❑ 216.181, F.S.
GAA Year and Line Item Info:
SFY: I Line Item:
1. Reason advance payment is required:
2. The following information required for advances requested pursuant to 215.4221 Floridastatues
(and the Comptroller's Voucher Processing Handbook) which exceed the purchasing threshold of
category two as defined In 287.017 Florida Statues.
A. Document, if applicable; the cost savings to be incurred as a result of an advance payment that are equal or
greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent
( %) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by
the State, information may be obtained from the Department of insurance, Division of Treasury at SSO /413 -2776
or SunCom 293 -2776 regarding the current Treasury earnings rate.
B. Document, if applicable, how the goods or services are essential to the operation of the Department and why
they are available only if advance payment is made:
DEP Agreement No. LP6782, Attachment F, Page 1 of 3
C. Identify the procurement method used to
3. The following information required for advances to Governmental Entities and Nan - Profits pursuant
to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid
Appropriation Categories OS)OM or 24)DOOO
A. The entity acknowledges the requirement to invest advance funds in an Interest bearing account and to remit
interest earned to the Department on a quarterly basis.
Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the
advanced funds:
Remittances must: 1) be identified as Interest earnings on advances, 2) must identify the applicable DEP
Agreement (or Contract) No., and 3) be forwarded to the following address:
Florida Department of Environmental Protection
Bureau of Finance and Accounting
Receipts Section
P.O. Box 3070
Tallahassee, Florida 32315 -3670
B. A letter requesting advance payment from the recipient, on its letterhead, must be attached.
DEP 55 -222 (03 -02)
DEP Agreement No. LP6782, Attachment P, Page 2 of 3
3. The recipient must provide an estimated budget for each quarter covered by the agreement. The
summary information should include salaries, fringe benefits, overhead, contracts (specify services to
be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and
other costs.
A sample summary format is provided below. The summary should include the breakdown for each quarter of the
agreement period.
Description
First Quarter
Second
Third Quarter
Fourth Quarter
uarter
Salaries
(identify personnel /titles)
Frin e Benefits
Contractual Services
(list services and estimated
costs
Equipment
(identify each item and cost)
Supplies
Travel
Other (specify
Overhead Indirect
Total:
Certification Statement
The forgoing information is presented to the Florida Department of Environmental Protection In support of our
request for advance payment I certify that the information provided accurately reflects the financial
issues facing the entity at this time.
By:
Type Name of Signatory: Date
Title: Chief Financial Officer or designee
DEP Program Area Review/ApprDval
Recommendation: ❑ Approve Request ❑ Deny Request
By:
Type Name of Signatory: Date
Title: Bureau: Division:
The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The
Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review
and legislature consultation as appropriate.
Bureau of Finance &Accounting Use Only
DEP 55 -222 (03 -02)
DES' Agreement No, LP6782, Attachrneat F, Page 3 of 3