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Res. No. 181-06-12322RESOLUTION 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 RESOLVEDIORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. 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 2. The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this %% day of ecz:�� � , 2006. ATTEST: CITY CLERK READ AND APPR w c I 7A716RNEY Include File Name and Path AS TO FORM APPROVED- 6,u MAYO COMMISSION VOTE: 5 -0 Mayor Feliu:' Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea South Miami 1 1 CITY OF SOUTH MIAMI � INCORPORATED � Ito¢¢ OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2007 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: October 17, 2006 Agenda Item No.: Subject: Authorizing the City Manager to execute grant agreement with Florida Department of Environmental Protection for $800,000 Resolution: 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 Request: Authorizing the City Manager to execute $800,000 grant agreement with Florida Department of Environmental Protection. Reason /Need: To provide drainage improvements Citywide. Cost: $800,000.00 Funding Source: Grant will be matched by grant '.1rom U.S. Department of Agriculture, South Florida Water Management District grant, Storm Water Drain Trust Fund,' People Transportation Tax Fund, Local Option Gas Tax Trust Fund & other grants Backup Documentation: ❑ Proposed Resolution ❑ Grant Agreement with Florida Department of Environmental Protection jeb Bush Governor Department of Environmental Protection September 26, 2006 Twin To Office Building 2600 Blair Stone Road Colleen M. Castille Tallahassee, Florida 32399 -2400 Secretary Greg Netto Engineering & Construction Operations Manager City of South Miami 4795 S.W. 753 Avenue Miami, Florida 33155 Re: LP6781 — City of South. Miami South Miami Stonnwater Improvements Dear Mr. Netto: Enclosed are two original copies of the proposed Legislative Project grant agreement for the City's stormwater improvement project. Please have the City Manager sign on page 6 of the enclosed two copies. Return both copies to us at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399- 2400. We will arrange for the Division Director to sign the agreements and mail a fully executed copy to you. If you have any questions about the agreement, please call Wilba Evans - Burgess at 8501245 -8377. Sincerely, e P. Yu Chief rry l , , Bureau of Water Facilities Funding NAPA Enclosures cc: Yvonne S. McKinley— City of South Miami W. Ajibola Balogun — City of South Miami "More Protection, Less Process" Printed on recycled paper. STATE FINANCIAL ASSISTANCE AGREEMENT CITY OF SOUTH MIAMI DEP AGREEMENT NO. LP6781 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1821 OF THE 2006 - 2007 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399 -2400 (hereinafter referred to as the "Departmenn and the CITY OF SOUTH MIAMI, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as "Grantee" or "Recipient" ), a local government under the laws of the State of Florida, to provide fonds for the South Miami Stonnwater Improvements project. In consideration of the mutual benefits to be derived herefroin, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee ", "Recipient" and " Contractor" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end 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. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $800,000. The parties hereto agree that the Grantee is responsible for providing a minimum match of $800,000 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 form, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with travel limits established in Section 112.061, Florida Statutes. The Disbursement Request Package must include: (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized sim n aries 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 must be included. After receipt of advance funds the Grantee shall provide proof of payment to the Department within 30 days receipt of advance funds. If payment is based on reimbursement, proof of payment of the invoices is required; and (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied 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.B. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also'be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http: / /www.fldfs.com/aadir /reference %5FMiide. 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 fixture appropriations. Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. 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 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). 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, June 30, September 30 and December 31. The Departments 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 immurmity or the provisions of Section 768.28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. DEP Agreement No. LP6781, Page 2 of 6 This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 9. A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and incorporated 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 funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245 -2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 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 subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS- A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: http: // Ms.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. 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 fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the 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. 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, 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. 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 requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. DEP Agreement No. LP6781, Page 3 of 6 13. The Department's Grant Manager for this Agreement is identified below Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399 -2400 Phone: 850 -245 -8358 Fax: 850 -245 -8411 Email: thomas.e.williams @dep.state.fl.us 14. The Grantee's Grant Manager for this Agreement is identified below. Greg Netto City of South Miami 4795 S. W. 75th Avenue Miami, Florida 33155 Phone, 305 - 663 -6350 Fax: 305 - 668.7208 Email: gnetto @cityofsouthmiami.net 15. In accordance with Section 216.181(16)(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 earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion_ The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the 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 Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form (Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice /reporting requirements established in paragraphs 3 and 5. 16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, _the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such 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 his employees 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 of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 19. The purchase of non - expendable personal property or equipment costing $1,040 or more is not authorized under the terms of this Agreement. 20. The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within current authorized agreement period, method or 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 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 may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 8501487 -0915. 22_ 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, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6781, Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF SOUTH MIAMI By: City Manager Date: . FEID No.: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director Division of Water Resource Management Grant Manager *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commuission must accompany the Agreement. List of attachments /exhibits included as part of this Agreement: Specify Letter/ Type Number Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F DEP Agreement No. LP6781, Page 6 of 6 Description (include number of pages) Proiect Work Plan (2 Pages Disbursement Request Package (3 Pages) Progress Report Form (2 Pages) Special Audit Requirements (5 Pages) Advance Payment — interest Earned Memorandum (1 Page) Advance Payment Justification Form (3 Pages) I. F1 I ATTACHMENT A PROJECT WORK PLAN Please complete this form with as much detail as possible Grantee: City of South Miami Project Title: South Miami (Citywide) Stormwater DEP Grant #: LP6781 In. SLOPE off' WORK: (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, quarterly cash needs, etc.) The two sub - projects to be taken. into account with regard to the South Miami (Citywide) Stormwater Improvements are as follow: ■ Ciyiwide Drainage Improvements (Snapper Creek Sub- division, SW 70 Terrace, SW 57 Court & Church Street Areas) (Project 1) • Broad Canal Shoreline Stabilization (Project 2) Ci de Drafty a I=jovements Sna er Creek Sub- divisio a, SW 74h Terrace SW 57`h Court & Church Street Areas The project's primary objective is to provide much needed drainage improvements primarily along residential single family properties, which have experienced flooding during heavy rainfall events. The proposed project consists of the installation of approximately (52) drainage structures and over 1500 linear feet of exfiltration trench, the proposed design will be able to accommodate stormwater run off especially after heavy downpours. Broad Canal Shoreline Stabilization The primary objectives of this Project are to stabilize Broad Canal embankment The scope of work is intended to be completed by obtaining a survey, geotechnical investigations, engineering design, permitting application preparation, construction document preparation, bidding and construction management in order to accomplish shoreline stabilization. The presently destroyed shoreline is a potential personnel and residential hazard due to the presence of large overturned Australian pine root balls along most of the affected shoreline in the vicinity of Brewer Park along Broad Canal. Therefore, by achieving the objectives of this Project, embankment erosion will be curbed and the navigability of the watercourse will be attained. Moreover, maintenance activities will not be hindered and habitat enhancement will be achieved. In addition, due to the primary objectives of the project, together with maintenance activities, the drainage of the canal will be improved and hence the storm-water flow through the surrounding areas will also be improved. An estimated project timeline is as follows: (Project 1) Item (r-nTmMnl etion Date Task 1: Complete design and permit application process June 2007 Task 2: Issue for bids; receive and award bids August 2007 Task 3: Construction Period November. 2 008 Task 4: Project close -out une 008 An estimated project timeline is as follows: (Project 2) Item Completion Date Task 1: Complete design and permit application process January 2007 Task 2: Issue for bids; receive and award bids February 2007 Task 3: ConstructionPeriod March 2007 — July 2007 Task 4: Project close -out August 2007 Scope Detail: 1. The Engineer of Record 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 shall be responsible for obtaining all necessary permits/authorizations- 3, The City of South Miami, shall notify the Department of the project startup dates at least 14 days prior to commencement. 4. The Contractor shall provide adequate on -site management to ensure compliance with the project plan 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 Contractor shall submit quarterly progress reports, which shall include invoices, in accordance with Agreement requirements. IV. LOCAL MATCH & OTHER GRANT FUNDS: List the sources and amounts for all funds being used to fund this project. SOURCE AMOUNT 2006 -2007 LP grant $804,000 2 006/07 & 2007108Match I. NRCS $fi40,004 2. South Florida Water Mama ement District $200,004 Totat Project Cost $1,644,400 ATTACHMENT S Disbursement Request Package Legislative Projects (LP) Grants I . Grantee/Recipient CITY OF SOUTH MIAMI 2. Project Number LP6781 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) 1. 2. 3. 4. 5. Planning (attach invoices) Engineering (attach invoices) Construction and Demolition (attach invoices Technical Services during Construction (attach invoices) Other (list - must be specified in agreement) 6. Total cumulative to date 7. Disbursements previously requested 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 THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 DEP Agreement No. LP6781, Attachment B, Page 1 of 3 I, Grant Manager's Certification of Disbursement Request (name of Grantee's Grant Manager designated in the Agreement) on behalf of , do bereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in 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 funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP6781, Attachment B, Page 2 of 3 (name of Professional Engineer) Engineer's Certification of Disbursement Request , being the Professional Engineer retained by , am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Chapter 62 -600 or Chapter 62.604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the 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 Firm or Affiliation (Date) (P.E. Number) DEP Agreement No. LP6781, Attachment B, Page 3 of 3 ATTACIEWENT C PROGRESS REPORT FORM DEP Agreement No.: LP6781 Grantee Name: CITY OF SOUTH MIAAH Grantee Address: Grantee's Grant Manager: Telephone No.: Quarterly Reporting 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. LP6781, 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 Category budget update, comparing Total Project Budget the project budget to actual costs to date. Expenditures Prior to this Expenditures Reporting this Reporting Project Funding Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP6781 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager DEP Agreement No. LP6781, 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 ", TD-EP" or "Grantor ", or other name in the contractlagreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contractlagreement) 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 Iimited 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. 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 i 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 auditec 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 :/ /X2.46.245.173 /efda /cfda.htiW. 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. 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 DEP Agreement No. LP6781, Attachment D, Page 1 of 5 organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part H, 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. 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 hops: / /apps.fldfs.com/fsaal or the Governor's Office of Policy and Budget website located at h=: / /www.ebud�,yet.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website hgp: / /www. leg .state.fl.usAVelcomelindex.cfin, Governor's Website b=: / /www.ml&orida.com/, Department of Financial Services' Website http: / /www.fldfs.com/ and the Auditor General's Website http: / /www. state .fl.us /audgen/pa�-,es /flsaa.htm. PART IQ: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify 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 115.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: 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. LP6781, Attachment D, Page 2 of 5 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(1), 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 directl 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 directiY 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_ LP6781, 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 R- IINTIONALLY LEFT BLANK DEP Agreement No. LP678I, Attachment D, Page 4 of 5