Res. No. 037-00-10930RESOLUTION NO.37-00-10930
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OFTHE CITY OF SOUTH MIAMI,
FLORIDA,RELATING TO A STORMWATER
IMPROVEMENTS GRANT,CONCERNING
CONTRACTS,AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH
THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION TO ACCEPT A
$340,000.00 GRANT FOR STORMWATER
DRAINAGE IMPROVEMENTS.
WHEREAS,theCityof South Miami was awarded a 1999 State Appropriation inthe
amount of $340,000.00 tobe used for certain stormwater drainage improvements projects,and;
WHEREAS,the Florida Department of Environmental Protection (FDEP)is overseeing
theStateAppropriation,andhasdevelopedcontractagreement #SP551 forthedisbursementof
the funds.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.TheCityManagerandtheCityAttorneyishereby authorized tosignthe
FDEP Contract Agreement #SP551.
Section3.Thisresolutionshallbecomeeffectiveimmediatelyafteradoption.
HiPASSEDANDADOPTEDthis15m dayofFebruary2000.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CTTY ATTORNEY *~
APPROVED:
MAYOR
COMMISSION VOTE:
Mavor Robaina:
Vice Mavor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
4-0
Yea
Yea
Yea
Yea
Out of room
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor and Commission DATE:February 15,2000
FROM:Charles D.Scurr SUBJECT:Agenda Item #
City Manager f~\Commission Meeting
February 15,2000
AUTHORIZATION OF THE CITY
MANAGER TO ENTER INTO A
CONTRACT WITH THE
FLORIDA DEPARTMENT OF
ENVIRONMENTAL
PROTECTION TO ACCEPT A
$340,000.00 GRANT.
INTRODUCTION
Theattached resolution seeks approval toallowtheCityManagertoenterintoacontractwith
theFlorida Department of Environmental Protection (FDEP)toaccepta $340,000.00 grantto
performcertain stormwater drainageimprovements.
BACKGROUND
Asyouknow,theCity of SouthMiamiwasgrantedan appropriation of $340,000.00 bytheState
of Floridaduring their lastlegislativesession.Thisappropriationwastobeused exclusively for
stormwater drainage improvements.
FDEPis overseeing the disbursement of theappropriation,andhasdevelopedtheattached
Contract Agreement #SP551 forthispurpose.Ineffect,FDEPis contracting theCity of South
Miamitoperformthespecifieddrainageprojects,andwillreimbursetheCityfortheproject
costs.Consequently,the City willnot receive a "lump sum"payment,but submit periodic
reimbursementrequestsaftercompletingeachproject.
The contract period beginsupon execution of theattached contract,andendsonJune30,2002.
Thesix separate projects are specified inthe attached contract.Completing these projects during
the contract period represents an exceptionally aggressive project schedule forthe Public Works
Departmentsinceittypicallytakes4-6monthstocompleteeach project (frominitialconcept,to
commissionapproval,engineeringdesign,permitting,contractor selection,construction,and
restoration).Notwithstanding,barringaseriousdesignorpermittingcomplication,theCity
shouldbeableto complete these project during that time.
/continued...
Mayor and City Commission
$340,000.00 FDEP Grant Contract
February 15,2000
Page2 of2
CONCLUSION
The drainage projects outlined in the contract represent opportunities,not only to resolve long
standing drainage problems,but also to improve the aesthetics of public property and roadways.
For example,the first project on the lististhe canal culvert crossing at SW 62nd Avenue.In
conjunction with the drainage improvements,architectural "entryway features"(e.g.,native
limestone block walls and arches,complete with landscaping improvements)are tobe designed
and installed for this highly visible avenue into the City.Other projects include a complete
rework oftheCityHall municipal complex parking lot,parking improvements intheBirdRoad
area,and redesigning the Snapper CreekCanal access easements forboth drainage and aesthetics
concerns.
TheFDEPgrantwillprovidethefiscalmeansto implement such long-awaited goals.Approval
of the attached resolution is therefore recommended.
Attachment:
Contract SP551 and associated documentation
e^if!Department of
I^^^B Environmental Protection
Twin Towers Office Building
Jeb Bush 2600 Blair Stone Road David B Struhs
Governor Tallahassee,Florida 32399-2400 Secretary
January 31,2000
Mr.David Goodin
4795 S.W.75th Avenue
Miami,Florida 33155
Re:Contract SP551-South Miami
South Miami Stormwater Management System Improvements
Dear Mr.Goodin:
Enclosed are two originals of the above-referenced contract.Please have the City Manger sign both
originals as the City's authorized representative.Keep one original for your use and return one signed
original tome.Please notethe project schedule and deliverables.
Also enclosed are a disbursement request form,an engineering certification form,and an authorized
representative certification form.Please use copies of these forms for disbursement requests.The funds
willbe available upon theCity Manager's execution of the contract.
If you have any questions,please call Bhupendra Vora,the Department's Project Manager,at
(850)488-8163.
)onW.Berryhill,BE.,Chief
Bureau of Water Facilities Funding
DWB/Gfs
Enclosures
cc:Charles D.Scurr-South Miami
Hakeem Oshikoya -SouthMiami
Mike Bechtold -DEP/West Palm Beach
"MoreProtection,LessProcess"
Printed on recycledpaper.
The City ofSouth Miami Exhibit II
SCOPE OF WORK
Stormwater Management System Improvements
Section 1:Description of Work
Design and construct stormwater system improvements at:
1)SW 62nd Avenue Canal Culvert Crossing Refurbishment
The City's canals are an integral part of our storm sewer conveyance system
The underground culvert at SW 62 Avenue connects two canal segments.The culvert is
being damaged by tree roots,and furthermore stormwater sheetflow from the streets
entersthecanalsystem directly and untreated.
The refurbishment project shall include proper roadside stormwater drainage systems
for SW 62nd Avenue,removal of all noxious /detrimental tree species,repairs to the
underground culvert as required,and full restoration of the culvert crossing area including
landscaping andaccessfence improvements.
2)SW 41st Street Paving&DrainageProject
The roadside swale located between Red Road &SW 58th Avenue exists asan
unpaved parking area without adequate drainage systems.This project shall include
the installation of proper drainage systems and paving.
3)57th Court Parts HI and IV
This project would be the extension of previous drainage projects unrelated to this FDEP
Grant application.
Both SW 74th Street and SW 74th Terrace east of 57th Court have inadequate drainage
system,and experience severe ponding during storms.Both sites are in the City's
downtown commercial district.This project shall include the installation of proper
drainage systems,new paving,curb /gutter,sidewalk,and landscaping improvements.
4)City Hall Access Road &Parking Area Improvements
The municipal complex that includes the Police Department and most ofthe City's
departmental functions hasan access road and parking areas that are prone to ponding.
This project would include installing proper drainage systems and repaving to
ensure proper sheetflow to the drains.
5)Snapper Creek Outfalls
Three outfalls discharge untreated stormwater directly into theSnapper Creek Canal.
Furthermore,the residential streets in the immediate area experience unacceptable
ponding during storms.This project would include the installation of proper drainage
systems including proper pollution control featuresper EPA requirements.
6)Downtown Drainage Improvements
Localized drainage problems exist throughout the downtown district,including at
SW 73rd Street &58th Avenue.This project would include installing proper drainage
systems in these poorly drained areas.
Pagel of2
DEP AGREEMENT NO.SP551
STATE OF FLORIDA GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1241A OF THE 1999-2000 APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION,whose address is 3900 Commonwealth Boulevard,Tallahassee,Florida 32399
(hereinafter referred to as the "Department")and the CITY OF SOUTH MIAMI,whose address is 6130 Sunset Boulevard,
South Miami,Florida 33143 (hereinafter referred to as "Grantee"),a unit of local government,to provide stormwater
management system improvements.
follows:
In consideration ofthe mutual benefits to be derived herefrom,the Department and the Grantee do hereby agree as
1.The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement,Attachment A (Scope of Services),andall attachments and exhibits namedherein which are attached
hereto and incorporated by reference.For purposes of-this Agreement,the terms "Contract"and "Agreement"and
the terms "Grantee"and "Contractor"areused interchangeably.
2.This Agreement shall begin upon execution byboth parties andendnolaterthanJune30,2002,inclusive.In
accordance with Section 287.058(2),Florida Statutes,the Grantee shall notbe eligible for reimbursement for
services rendered prior to the execution date of this Agreement.This Agreement may be amended to provide for
additional services if additional funding is made available bythe Legislature.
3.As consideration for the services rendered by the Grantee under the terms of this Agreement,the Department shall
paythe Grantee onacost reimbursement basis inan amount notto exceed $340,000.Ifthe Grantee finds,after
receipt of competitive bids,thatthework described in Attachment A cannot be accomplished for the current
estimated amount,the parties hereto agree to modify the Scope of Services described in Attachment Ato provide
forthe services thatcanbe accomplished forthe funding identified above or identify the additional funding tobe
providedbytheGranteeforcompletion of theworkoriginallyenvisioned.TheGranteeshallbereimbursedona
cost reimbursement basisin accordance withComptrollerContractPayment Requirements,attachedheretoand
madeaparthereofas Attachment B.Allbillsfor amounts dueunderthis Agreement shallbe submitted indetail
sufficient foraproper pre-audit and post-audit thereof.All requests for reimbursement oftravel expenses shallbe
submittedinaccordancewithSection 112.061,Florida Statutes.Fivepercent(5%)of thetotalContractamount
($17,000)willberetaineduntilalldeliverableshavebeenacceptedbytheDepartment.
4.TheState of Florida'sperformanceandobligationtopayunderthisAgreementiscontingentuponanannual
appropriation bythe Legislature.
5.TheGranteeshallsubmitquarterlyinvoicesinconjunctionwithquarterlyprogressreportsdescribingthework
performed,problems encountered,problem resolution,schedule updates andproposedworkforthenext reporting
period.QuarterlyreportsshallbesubmittedtotheDepartment'sProjectManagernolaterthantwenty(20)days
followingthecompletion of thequarterlyreportingperiod.Itisherebyunderstood and agreedbythepartiesthat
theterm"quarterly"shallreflectthecalendarquartersendingMarch 31,June30,September30andDecember
31.
6.PursuanttoSection 215.422,Florida Statutes,the Department's ProjectManagershallhavefive(5)working days,
unlessotherwisespecifiedherein,toinspectandapprovethe services forpayment;theDepartmentmustsubmita
requestforpaymenttothe Florida Department of Banking and Finance withintwenty(20)days;andthe
Department of BankingandFinanceisgiventen(10)daystoissueawarrant.Daysarecalculatedfromthelatter
datethe invoice is received or services received,inspected,and approved.Invoice payment requirements donot
startuntilaproperand correct invoice hasbeen received.Invoices whichhavetobe returned toa grantee for
correction(s)willresultinadelayinthepayment.AVendorOmbudsmanhasbeenestablishedwithintheFlorida
Department of Banking and Finance who maybe contacted ifa contractor is experiencing problems in obtaining
DEP Agreement No.SP551,Page1 of 4
timely payment(s)from a State of Florida agency.The Vendor Ombudsman may be contacted at 850/410-9724 or
1-800-848-3792.
7.In accordance with Section 215.422,Florida Statutes,the Department shall pay the Grantee,interest ata rate as
established by Section 55.03(1),Florida Statutes on the unpaid balance,ifa warrant in payment of an invoice is
not issued within forty (40)days after receipt ofa correct invoice and receipt,inspection,and approval of the
goods and services.Interest payments of less than $1 will not be enforced unless a grantee requests payment.The
interest rate established pursuant to Section 55.03(1),by Comptroller's Memorandum No.11 (1998-99)dated
December 2,1998,hasbeensetat 10%per annum or .02740%per day.The revised interest ratefor each calendar
year beyond 1999 for which the term of this Agreement isin effect can be obtained by calling the Department of
Banking and Finance,Vendor Ombudsman at the telephone number provided above or the Department's Contracts
Section at 850/922-5942.
8.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,FloridaStatutes.
9.The Department may terminate this Agreement at any time in the event ofthe 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
Departmentregardingthereason(s)fortermination.
10.This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access
to all documents,papers,letters,or other material subject to the provisions of Chapter 119,Florida Statutes,and
made or received bythe Grantee in conjunction with this Agreement.
11.The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement
in accordance with generally accepted accounting principles consistently applied.The Department,the State,or
their authorized representatives shall have access to such records for audit purposes during the term of this
Agreement and for three years following Agreement completion.In the event any work is subcontracted,the
Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes.
12.In addition to the provisions contained in paragraph 11 above,the Grantee shall comply with the applicable
provisions contained in Attachment C.A revised copy of Attachment C,Exhibit-1,must be provided to the
Grantee with each amendment which authorizes a funding increase or decrease.The revised Exhibit-1 shall
summarize the funding sources supporting the Agreement for purposes ofassisting the Grantee in complying with
the requirements of Attachment C.If the Grantee fails to receive a revised copy of Attachment C,Exhibit-1,the
Grantee shall notify the Department's Contracts Administrator at 850/922-5942 to request a copy of the updated
information.
13.The Grantee shall not subcontract,assign,or transfer any work under this Agreement without the prior written
consent of the Department's Project Manager.The Grantee agrees tobe responsible forthe fulfillment ofall work
elements included in any subcontract consented to by the Department and agrees to be responsible for the payment
ofall 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 tothe subcontractor for all expenses and liabilities incurred under the subcontract.
14.In accordance with Section 216.347,Florida Statutes,the Grantee is hereby prohibited from using funds provided
by this Agreement for the purpose oflobbying the Legislature,the judicial branch or a state agency.
15.Aperson or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not perform work asa grantee,contractor,supplier,subcontractor,or consultant under a contract with
any public entity,and may not transact business with any public entity in excess ofthe threshold amount provided
in Section 287.017,F.S.,for Category Two,for a period of 36 months from the date of being placed on the
convicted vendor list.
DEPAgreementNo.SP551,Page2 of 4
16.The Grantee shall comply with all applicable federal,state and local rules and regulations in providing services to
the Department under this Agreement.The Grantee acknowledges that this requirement includes compliance with
all applicable federal,state and local health and safety rules and regulations.The Grantee further agrees to include
this provision in all subcontracts issued as a result of this Agreement.
17.The Department's Project Manager for this Agreement is identified below.
Bhupendra H.Vora,P.E.
FloridaDepartment of Environmental Protection
Bureauof Water Facility Funding
2600 Blair StoneRoad,MS3505
Tallahassee,Florida 32399-2400
Phone:(850)488-8163
Fax:(850)921-2769
18.The Grantee's Project Manager for this Agreement is identified below.
David Goodin
4795 S.W.75th Avenue
Miami,Florida 33155
Phone:(305)663-6350
Fax:(305)668-7208
19.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 allof 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
nototherwiseprotected.
20.The Grantee,as an independent contractor and not an agent,representative,oremployee ofthe Department,agrees
to carry adequate liability and other appropriate forms of insurance.The Department shall have no liability except
asspecificallyprovidedinthisAgreement.
21.The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in
anymannerordegreewiththeperformanceofservicesrequired.
22.Upon satisfactory completion of this Agreement,the Grantee may retain ownership of the equipment purchased
under this Agreement.However,the Grantee shall complete and sign a Property Reporting Form,provided as
Attachment D,and forward it along with the appropriate invoice to the Department's Project Manager.The
followingtermsshallapply:
A.The Grantee shall have use of the equipment for the authorized purposes of the contractual
arrangement aslongasthe required workisbeingperformed.
B.The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
equipmentingoodoperating condition.
C.The Grantee is responsible for any loss,damage,or theft of,andany loss,damage or injury caused by
the use of,non-expendable personal property or equipment purchased with state funds and held in his
possession foruseina contractual arrangement with the Department.
DEP Agreement No.SP551,Page3of4
23.The Department may at any time,by written order designated to be a change order,make any change in the work
within the general scope of this Agreement (e.g.,specifications,time,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 which causes an increase or decrease in the Grantee's cost or time shall require formal
amendmenttothisAgreement.
This Agreement represents the entire agreement ofthe 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 ofthis Agreement,unless otherwise provided
herein.
IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed,the day and year last
written below.
24.
CITY OF SOUTH MIAMI
By:_
Title*:
Date:
FEID No.59-6000431
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:fjUAhjJjAJsJ
Director,Division of Water Resource
Managementordesignee
Date:h 2 f-0&
DEPProject Manager
DEP Contracts Administrator 7 CT
Approvedastoformandlegality:
DEP Attorney
♦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 Agreement or must
accompanythe Agreement.
Listof attachments/exhibits included aspartofthis Agreement:
Description (include number ofpages)
Specify
Type
Attachment
Attachment
Attachment
Attachment
Letter/
Number
_B_
_C_
D
Scope of Services (1 Page)
Comptroller Contract Payment Requirements (1 Page)
Special Audit Requirements (10 Pages)
Property Reporting Form(1Page)
DEP Agreement No.SP551,Page4 of 4
Description of Work
ATTACHMENT A
SCOPE OF SERVICES
South Miami Stormwater Management System Improvements
Design and construct improvements to the South Miami stormwater management facilities including all
engineering,surveying,permitting and construction required to correct drainage problems at SW 62nd Avenue"
SW 4ist Street,57*Court,City Hall Access Road and Parking Area,Snapper Creek,and the Downtown Area.'
Estimated costs are:
1.Construction $275,000
2.Permitting $5)000
3.Engineering $60,000
TOTAL PROJECT ESTIMATE $340,000
Deliverables
1.Stormwater System Improvements Plans and Spec August 31,2000
2.SFWMD Stormwater Permit August 31,2000
3.Bid Documents June 1,2000
4.Completion Report June 30,2002
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.SP551,Attachment A,Page 1of1
ATTACHMENT B
Comptroller Contract Payment Requirements
Department of Banking and Finance,Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary,travel,expenses,etc.)Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid.Check numbers may be provided in lieu
of copies of actual checks.Each piece of documentation should clearly reflect the dates of service.Only
expenditures for categories inthe approved contract budget should be reimbursed.
Listed below are examples of types ofdocumentation representing the minimum requirements:
A payroll register or similar documentation should be submitted.The payroll register
should show gross salary charges,fringe benefits,other deductions and net pay.If an
individual for whom reimbursement is being claimed is paid by the hour,a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g.,insurance premiums paid).If the contract specifically states that
fringe benefits will be based ona specified percentage rather than the actual cost of
fringe benefits,then the calculation forthe fringe benefits amount mustbe shown.
(1)Salaries:
(2)Fringe Benefits:
(3)Travel:
Exception:Governmental entities are not required to provide check numbers or
copies of checksforfringe benefits.
Reimbursement for travel must bein accordance with Section 112.061,Florida
Statutes,which includes submission ofthe claim on the approved State travel voucher
or electronic means.
(4)Other direct costs:Reimbursement will be made based on paid invoices/receipts.If nonexpendable
property is purchased using State funds,the contract should include a provision for the
transfer of the property totheStatewhenservicesare terminated.Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017,Florida Administrative Code,regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02,Florida Statutes,for subsequent transfer to the
State.
(5)In-house charges:Charges which may be of an internal nature (e.g.,postage,copies,etc.)may be
reimbursed on a usage log which shows the units times the rate being charged.The
rates must be reasonable.
(6)Indirect costs:If the contract specifies that indirect costs will be paid based ona specified rate,then
the calculation should be shown.
Pursuant to 216.346,Florida Statutes,a contract between state agencies including any
contract involving the State University system or the State Community College system,
the agency receiving the contract or grant moneys shall charge no more than 5 percent
of the total cost of the contract or grant for overhead or indirect cost or any other cost
notrequiredforthepayment of directcosts.
DEP Agreement No.SP551,Attachment B,Page 1of1
ATTACHMENT C
Special Audit Requirements
The administration of funds awarded bythe Department of Environmental Protection tothe
recipient (which may be referred to as the "Contractor","Grantee",or other name in the
contract/agreement)may be subject to audits and/or monitoring by the Department of
Environmental Protection,as described inthissection.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133,as revised
(see "AUDITS"below),monitoring procedures may include,butnotbe limited to,on-site visits
by Department staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or
other procedures.By entering into this agreement,the recipient agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department of
Environmental Protection.Intheeventthe 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 bythe Department to the recipient regarding such audit.
AUDITS
PART I:FEDERALLY FUNDED
This partis applicable if the recipient isa State'or local government ora non-profit organization
as defined inOMB Circular A-133,as revised.
1.Inthe event that the recipient expends $300,000 or more in Federal awards inits fiscal year,
the recipient must have an audit conducted in accordance withthe provisions of OMB
Circular A-133,asrevised.EXHIBIT 1tothis Attachment indicates Federal funds awarded
through the Department of Environmental Protection bythis agreement.In determining the
Federalawardsexpendedinitsfiscalyear,therecipientshallconsiderallsources of Federal
awards,including Federal fundsreceivedfromthe Department of Environmental Protection.
Thedetermination of amounts of Federalawardsexpendedshouldbeinaccordancewiththe
guidelines established by OMB Circular A-133,as revised.Therecipientis responsible for
the procurement ofan independent auditor to conduct theaudit required bythis part.The
recipient is required to follow the auditor procurement standards specified in Section .305,
OMB Circular A-133,as revised.Anauditofthe recipient conducted bythe Auditor General
inaccordancewiththeprovisions of OMBCircularA-133,asrevised,willmeetthe
requirements of thispart.
2.In connection with the audit requirements addressed in paragraph 1.,the recipient shall fulfill
the requirements relative to auditee responsibilities,financial statements,audit findings
follow-up,andreport submission asprovidedin Sections .300,.310,.315,and.320 of OMB
Circular A-133,as revised.This includes,butisnot limited to,preparation of financial
statements,a schedule of expenditures of Federal awards,a summary schedule of prior audit
findings,anda corrective actionplan.
DEP AgreementNo.SP551,AttachmentC,Page 1of10
If not otherwise disclosed as required by Section .310 (b)(2)of OMB Circular A-133,as
revised,the schedule of expenditures of Federal awards shall identify expenditures by
contractnumberforeachcontractwiththeDepartment of EnvironmentalProtectionineffect
duringtheauditperiod.
Ifthe recipient expends less than $300,000 in Federal awards inits fiscal year,an audit
conducted in accordance with the provisions of OMB Circular A-133,as revised,isnot
required.Intheeventthatthe recipient expends lessthan $300,000 inFederal awards inits
fiscal year and elects to have an audit conducted in accordance with the provisions of OMB
Circular A-133,as revised,the cost ofthe audit must be paid from non-Federal and non-State
funds (i.e.,the cost of such an audit must bepaid from recipient funds obtained from other
than Federal/State entities).
PART II:STATE GRANTS AND AIDS
1.This part is applicable if the recipient isa local government ora non-profit or for profit
organization asdefinedinChapter 10.600,Rules oftheAuditor General.
2.Inthe event that the recipient receives more than $25,000 in State grants and aids inits fiscal
year,therecipientmusthavealimitedscopeaudit conducted in accordance withSection
216.349,Florida Statutes,andChapter 10.600,Rules of theAuditor General.EXHIBIT 1to
this Attachment indicates State grants and aids amounts awarded through the Department of
Environmental Protection by this agreement.In determining the grants and aids received in
its fiscal year,the recipient shall consider aggregate grants and aids received directly from
State agencies,including grants and aids funds received from the Department of
Environmental Protection.
The audit report must include an auditor's examination attestation report,management
assertion report (alternatively,management's assertion may be included in the management
representation letter),and a schedule of State financial assistance.EXHIBITS 2,3,and 4to
this Attachment provide examples of these reports/schedule.
The auditor's examination attestation report must indicate whether management's assertion as
to compliance with the following requirements is fairly stated,in all material respects:
•activities allowed or unallowed
•allowablecosts/costprinciples
•matching (if applicable)
•reporting
3.In the event that the recipient receives State grants and aids totaling $25,000 or less in its
fiscal year,the head ofthe recipient entity or organization must provide a written attestation,
under penalty of perjury,that the recipient has complied with the allowable cost provisions
(or other applicable provisions)ofthe State grants and aids contract.EXHIBIT 5to this
Attachment provides an example attestation document that should be used by the agency
head to attest to compliance with grants and aids provisions.
DEP Agreement No.SP551,Attachment C,Page 2of10
PART III:OTHER AUDIT REQUIREMENTS
(This part is reserved to specify any additional audit requirements imposed,if applicable,by the
State agency that are solely a matter of that State agency'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).)
PART IV:REPORT SUBMISSION
1.Copies of audit reports for audits conducted in accordance with OMB Circular A-133,as
revised,and required by PART Iof this Attachment shall be submitted,when required by
Section .320 (d),OMB Circular A-133,as revised,or when required by number 2 below,by
oronbehalfofthe recipient directly to each ofthe following:
A.The Department of Environmental Protection at each of the following addresses:
Bhupendra H.Vora,P.E.
Florida Department of Environmental Protection
Bureau of WaterFacilityFunding
2600 Blair Stone Road,MS3505
Tallahassee,Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road,MS40
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:
FederalAuditClearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
C.Other Federal agencies and pass-through entities in accordance with Sections .320 (e)and
(f),OMBCircularA-133,asrevised.
D.The State of Florida Auditor General atthe following address:
AuditManager
Office of the Auditor General
P.O.Box 1735
Tallahassee,Florida 32302-1735
DEP Agreement No.SP551,AttachmentC,Page 3of10
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 each of the following:
Bhupendra H.Vora,P.E.
Florida Department of Environmental Protection
Bureau of WaterFacility Funding
2600Blair Stone Road,MS3505
Tallahassee,Florida 32399-2400
Audit Director
FloridaDepartment of EnvironmentalProtection
Office of InspectorGeneral
2600Blair Stone Road,MS40
Tallahassee,Florida 32399-2400
Audit Manager
Office ofthe Auditor General
P.O.Box 1735
Tallahassee,Florida 32302-1735
3.Copies of reports required by PART II of this Attachment,and management letters prepared
in conducting audits related to State grants and aids audits required by PART II of this
Attachment,shall be submitted by or on behalf of the recipient directly to each of the
following:
A.The Department of Environmental Protection at each of the following addresses:
Bhupendra H.Vora,P.E.
Florida Department of Environmental Protection
Bureau ofWaterFacility Funding
2600Blair Stone Road,MS3505
Tallahassee,Florida 32399-2400
Audit Director
FloridaDepartment of EnvironmentalProtection
Office of InspectorGeneral
2600Blair Stone Road,MS40
Tallahassee,Florida 32399-2400
B.The Office of the Auditor General at the following address:
Audit Manager
Office of the Auditor General
P.O.Box 1735
Tallahassee,Florida 32302-1735
DEP Agreement No.SP551,Attachment C,Page 4of 10
4.Copies of reports or management letters required by PART IIIofthis Attachment shall be
submitted byoronbehalf of the recipient directlyto:
A.The Department of Environmental Protection at each of the following addresses:
Bhupendra H.Vora,P.E.
Florida Department of Environmental Protection
Bureau of WaterFacilityFunding
2600 Blair Stone Road,MS3505
Tallahassee,Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of InspectorGeneral
2600 Blair Stone Road,MS40
Tallahassee,Florida 32399-2400
5.Any reports,management letters,attestations,or other information required to be submitted
to the Department of Environmental Protection pursuant to this agreement shall be submitted
within 180 days ofthe recipient's fiscal year end (or as otherwise allowed by Florida Statutes)
or within 30 days ofthe recipient's receipt ofthe audit report,whichever occurs first.Other
submissions should be timely in accordance with OMB Circular A-133 and/or Florida
Statutes,asapplicable.
6.Recipients,when submitting audit reports to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133,should indicate the date that the
recipient received the audit report in correspondence accompanying the audit report.
PARTV:RECORD RETENTION
The recipient shall ensure that audit working papers are made available to the Department of
Environmental Protection,or its designee,upon request for a period of3 years from the date the
audit report is issued,unless extended in writing by the Department of Environmental Protection.
REMAINDER OFPAGEINTENTIONALLYLEFT BLANK
DEP Agreement No.SP551,Attachment C,Page 5of10
EXHIBIT -1
™*™ED T°THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING (required by Section .400 (d)(1),OMBCircularA-133,as revised):
Federal
Program
Number
State Program
Number
(Other
Funding)
Original
Agreement
FederalAgency
Funding Source
General Revenue -Line
Item 1241A
CFDA
Number
State
Fiscal Year
1999-2000
Catalog of
State
Financial
Assistance
Number
37036
CFDA Title
CSFA Title
or
Funding Source Description
StormwaterProjects
Total Award
Funding Amount
Funding Amount
$340,000.00
$340,000.00
State Grants &
Aids
Appropriation
Category,if
applicable.
State Grants &
Aids
Appropriation
Category,if
applicable.
140010
mSissssszs'^To the funds awarded to this agreement are as follows **-*s—4o°
L7orCthePFl8orMma SS^STi?""*!?^™5&^f"Vmpm re<>uirements described in the **"»'Ca.alog of Domestic Assistance (CFDA)and/or the Florida Catalog of State Financial Assistance (CFSA).The services/purposes for which the funds are to be used are included in the Contract scope ofservices/work.Any match required by the recipient is clearly indicated in the Contract.contract scope ot
If the State program funds represent matching funds provided by the Department of Environmental Protection for certain Federal programs then the
z~^iz^::tz:mTfor ,he applicarle ™>—•****•—*«*»«m™~Pe«*m ,0 <•»&zltiznon-hederal funds,there may be more than one grouping (i.e.,1,2,3,etc.)listed under this category.
f!PTf:T!LrCCiP/!£t "!ay.access ^formation regarding the Catalog of Federal Domestic Assistance (CFDA)via the internet atTilTr"fn\lT inf0rmati°n re*mUn*the F,orida Catalog of State Financial Assistance (CFSA),arecipient should a cess t vv bsifortheGovernor's Office of Plann.ng and Budget located at httP://www.eog.stn,e fi.us/eog/overview/in^oph htm for assistance.
DEP Agreement No.SP551,Attachment C,Page 6of 10
EXHIBIT-2
INDEPENDENT AUDITOR'S REPORT ON
EXAMINATION OF MANAGEMENT'S ASSERTION
ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS
(SAS Codification Section AT 500.55)
[Date]
Dear [Name]:
We have examined management's assertion1 about [name of entity]^compliance with the
allowable cost requirements [or other applicable requirements]established in the grant
agreement(s)applicable totheState grants andaids appropriations identified on Schedule of
State Financial Assistance for the year ended [indicate the applicable fiscalyear]included in the
accompanying [title of management report].1 Management is responsible for [name ofentityjs
compliance with those requirements.Our responsibility isto express an opinion on
management's assertion aboutthe [name ofentityjs compliancebasedonour examination.
Our examination was made in accordance with attestation standards established by the American
Institute of Certified Public Accountants and,accordingly,included examining,ona test basis,
evidence about [name ofentityjs compliance with those requirements and performing such other
proceduresasweconsiderednecessaryinthecircumstances.Webelievethatourexamination
provides a reasonable basis for our opinion.Our examination does not provide a legal
determination on [name ofentityjs compliance with specified requirements.
Inour opinion,management's assertion [identify management's assertion -for example,that
complied with the aforementioned requirements during the fiscalyear ended
]is fairly stated,inallmaterial respects 34
Sincerely,
Notes:
1.If the entity does not present its assertion ina separate report accompanying the practitioner's report,refer to
SAS Codification Sections AT 500.56 and .57.
2.The practitioner should identify the management assertion report examined by reference to the report title used
by management in its report.Further,he or she should use the same description of the compliance
requirements as management usesinitsreport.
3.The specific compliance requirements,and related criteria (if applicable),will be specified and/or referred toin
the grant agreement.As such,it should not be necessary to repeat the compliance requirements,and related
criteria(if applicable)inthe practitioner's report.
4.Instances of noncompliance should be reported inthe manner prescribed in SAS Codification Sections AT
500.61 through .68.
DEPAgreementNo.SP551,Attachment C,Page7 of 10
»«
EXHIBIT-3
MANAGEMENT ASSERTION REPORT
I,__,herebyassertthat,
(head of recipient entity)(recipient entity name)
complied with allowable cost requirements [or other applicable requirements]of the grants and
aids appropriations identified on the attached Schedule of State Financial Assistance during the
fiscalyearended .
(month,day,year)
(signature)
(title)
(date)
If this assertion report is used,one copy shall be submitted after the recipient's fiscal year end to
each of the parties designated in the contracts/grants for the identified grants and aids
appropriations.
This statement does not need to be notarized.
DEP AgreementNo.SP551,AttachmentC,Page 8of10
EXHIBIT-4
Sample Organization
Schedule of State Financial Assistance
For the year ended 9/30/97
StateAgency
And
Program Title
State
Contract/
Grant
Number
Federal
CFDA
Number
Note A
State
Receipts
Federal
Through
State
Receipts
Total
Receipts
Department
of Health
Head Start GH501 93.600 50,000 (1)50,000 (1)100,000
Women,
Infant &
Children
AB101 93.245 •100,000(1)150,000 250,000
Department
of Elder
Affairs
Community
Care for the
Elderly
GC501 Not
Applicable
200,000 (1)0 200,000
Community
Care for the
Elderly
GC601 93.003 0 150,000(1)150,000
Elder Care GC777 93.666 60,000 60,000 120,000
Total 410,000 410,000(2)820,000
(1)State Grants and Aids Appropriations moneys.The grand total of State Grants and Aids
Appropriations moneys is$550,000.
(2)$390,000 of this amount is included in the expenditures presented in the Schedule of
Expenditures of Federal Awards.The remaining $20,000 was received under contract
number GC601 butwasnot expended.
NOTE A:Federal CFDA numbers apply only to Federal programs.
CAUTION:The purpose of this schedule is format illustration only.The contract or
grant numbers,CFDAnumbersandprogramtitlesarenotintendedto
represent actual data.
DEP Agreement No.SP551,Attachment C,Page 9of 10
•»r
EXHIBIT-5
MANAGEMENT ATTESTATION STATEMENT
CONTRACT/GRANT NUMBER(S)_
h __,hereby attest,under penalties of perjury,that,
(head of recipiententity)
(recipiententityname)
complied withallowablecost requirements [or
other applicable requirements]of the grants and aids appropriations contracts/grants identified above
during the fiscal year ended .
(month,day,year)
(signature)
(title)
(date)
One copy ofthis attestation statement shall be submitted after the recipient's fiscal year end to each of
the parties designated in the contracts/grants for the identified grants and aids appropriations.
This statement doesnotneedtobe notarized.
DEP Agreement No.SP551,Attachment C,Page 10 of 10
ATTACHMENTD
PROPERTYREPORTINGFORMFORDEPCONTRACTNO.SP551
(ForPropertyWithContractorAssignedPropertyControlNumbers)
^^n™*™^USt"on-expendf,eequipment/personalproperty*costing$1,000ormorepurchasedundertheaboveContract.Alsolistallupgrades*underthiscontract,costing
'fjJ™K'°frPer*PreV,°US,yPUuhaSe?UndCraDEPC°ntraCt(identifythepropertyupgradedandtheapplicab,eDEPcontractonaseP^atesheet).Completetheserialno./cost En^JE"-rP7°T"UmberC°,UmnS?uthiSf0rm-ThCC°n,raCt0rShaHeStabHshaUniqueidentiflerfortrackin8al1personalpropertyPhasedunderthisContractand shallreportthe.nventoryofsaidproperty,onanannualbasis,totheDepartment'sProjectManager,byDEPContractnumber,nolaterthanJanuary31*foreachyearthisContractisin
DESCRIPTIONSERIALNOVCOST**
♦Notincludingsoftware.**Attachcopyofinvoice,billofsale,orotherdocumentationtosupportpurchase.
CONTRACTOR:Contractor'sProjectManager:
BELOWFORDEPUSEONLY
LOCATION/ADDRESS
CONTRACTORASSIGNED
PROPERTYCONTROLNUMBER
Date:J
DEPC0NTRACTMANAGER:MaintainthisdocumentwithacopyoftheinvoicessupportingthecostofeachitemidentifiedaboveinyourContractfile.IftheContractisa
costreimbursementContract,makesuretosendinvoicessupportingthecostoftheitemstoFinanceandAccountingfortheprocessingofthe
Contractor'sinvoiceforpayment.*>r6
DEPContractManagerSignature:Date:
CoEnPtr^LANCEAN°ACCOlfNTrNG:N°processin8re(>u'"red*Finance&AccountingastheContractorisresponsibleforretainingownershipoftheequipment/propertyuponsatisfactorycompletionofthe
retainownershipoftheequipment/propertyuponsatisfactorycompletionofthe DEPPROPERTYMANAGEMENT:NoprocessingrequiredbythePropertyManagementsectionastheContractorwill
Contract.
DEPAgreementNo.SP551,AttachmentD,Page1of1