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Res No 158-17-14959RESOLUTION NO. 158-17-14959 A Resolution authorizing the City Manager to execute the Grant Agreement with the State of Florida Department of Environmental Protection (FDEP) through its Division of Water Restoration Assistance for .the City-Wide Dr,ainage Phase VI -SW 59th Avenue Project in a Grant amount not to exceed $100,000. WHEREAS, the Florida Department of Environmental Protection (FDEP) through its Division of Water Restoration Assistance awarded the City of South Miami $100,000 for the City-Wide Drainage Construction Project Phase VI -SW 59th Avenue; and WHEREAS, the project will provide stormwater drainage improvement along SW 59th Avenue between SW 74th Street and SW 80th Street; and WHEREAS, the grant program requires the City to contribute $100,000 in matching funds. The project cost is estimated at $330,000 and funds are distributed as per City's proposed 2018 budget; and WHEREAS, the City Manager is hereby authorized to execute the agreement with the State of Florida Department of Environmental Protection (FDEP) through its Division of Water Restoration Assistance for the City-wide Drainage Phase VI -SW 59th Avenue Project and accept the funding grant amount not to exceed $100,000. The grant agreement is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to execute the agreement with the State of Florida Department of Environmental Protection (FDEP) through its Division of Water Restoration Assistance for the City-Wide Drainage Phase VI -SW 59th Avenue Project and accept the funding grant amount not to exceed $100,000. Section 2: Severability. If any section, clause, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the legitimacy of the remaining portions of this resolution. Section 3: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 1 stday of August ,2017. Res. No. 158-17-14959 READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION REOF: 2 COMMISSION VOtE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Edmond: Yea Commissioner Harris: Yea Commissioner Liebman: Yea (i) South'Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER~OFFICE MEMORANDUM THf CITY OF Pl.EASANTl.IVING To: FROM: VIA: DATE: SUBJECT: BACKGROUND: GRANT AMOUNT: AnACHMENTS: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager August 1, 2017 Agenda Item N~,:E Angelica Bueno, Planning & Sustainability Administrator A Resolution authorizing the City Manager to execute the Grant Agreement with the State of Florida Department of Environmental Protection (FDEP) through its Division of Water Restoration Assistance for the City-Wide Drainage Phase VI -SW 59th Avenue Project in a Grant amount not to exceed $100,000. The Florida Department of Environmental Protection (FDEP) through its Division of Water Restoration Assistance awarded the City of South Miami $100,000 for the City-Wide Drainage Construction Project Phase VI -SW 59th Avenue, between SW 74th Terrace to SW 80 th Street. This project will provide stormwater drainage improvements along SW 59th Avenue between SW 74th Street and SW 80th Street as, a continuation of the drainage improvements completed along SW 74th Terrace between SW 58th and SW 59th Avenue, The objective of this project is to improve the existing drainage system to allow 'for proper stormwater runoff collection in the area: The stormwater drainage system improvements will include, but are not limited to, construction of new drainage structures, manholes, exfiltration trenches, and pipe replacement. The grant program requires the City to contribute $100,000 in matching funds. The project cost is estimated at $330,000 and funds are distributed as per City's proposed 2018 budget as follows: PTP: People Transportation Plan -$100,00 LOGT: Local Option Gas Tax -$30,000 SWDTF: Storm Water Drain Trust Fund -$100,00 FDEP: Florida Department of Environmental Protection-$100,00 $100,000 FDEP Resolution, Grant Agreement Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Via E-mail: abueno(@'southmiamifl.gov April 2017 City of South Miami RE: TMDL Water Quality Restoration Grant Dear Ms. Bueno: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Ryan E .. Matthews Interim Secretary Thank you for submitting the project entitled "City Wide Drainage Phase VI-SW 59 th Ave" for funding consideration from the Fiscal Year 2017 TMDL Water Quality Restoration Grant. The Department received several project proposals requesting approximately $14 million in funding for the month of March 2017. We are pleased to inform you that your project has been accepted for funding in the amount of $100~000 with a Match funding of $100,000. You will be contacted shortly in order to initiate a contract. Please be aware that any funds spent prior to contract execution are not eligible for reimbursement; however, they may be used as match in certain situations. We appreciate your interest in and support of Florida's nonpoint source managementprograrn. We look forward to working with you on this project. If you have any questions, please do not hesitate to call me at (850) 245-2952. Sincerely, Kathryn Merchant, Program Administrator Nonpoint Source Management Program DEP AGREEMENT NO. NS025 STATE OF FLORIDA ,,~A::'(>: DEPARTMENT OF ENVIRONMENTAL PROTECTION '. c;-" DIVISION OF WATER RESTORATION ASSISTANCE GRANT AGREEMENT PURSUANT TO LINE ITEM 1601 OF THE FY16-17 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F. S.), between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the CITY OF SOUTH MIAMI, whose address is 6130 SUl)set Drive, South Miami, Florida 33143 (hereinafter referred to as "Grantee"), a local government, to provide financial assistance for the City Wide Drainage Phase VI -SW 59th Avenue. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party". In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. TERMS OF AGREEMENT: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. 2. PERIOD OF AGREEMENT: This Agreement shall begin upon execution by both parties and shall remain in effect until May 31, 2019, inclusive. The Grantee shall be eligible for reimbursement for work perfonned on or after the date of execution through the expiration date of this Agreement. The Grantee may claim allowable project expenditures made on or after July 1, 2016 for purposes of meeting its match requirement identified in paragraph 3. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost-reimbursement basis up to a maximum of $100,000 towards the total estimated Project cost of $200,000. The parties hereto understand and agree that this Agreement requires at least a fifty percent (50%) match of the total Project cost on the part ofthe Grantee. Therefore, the Grantee is responsible for providing $100,000 through cash or third party in-kind contribution towards the work funded under this Agreement. It is understood that any additional funds necessary for the completion of this Project are the responsibility of the Grantee. The Grantee will report those additional expenditures to the Department in the Final Report as required under the Final Report task in Attachment A. If, upon completion ,of this Project, actual Project costs are less than the total estimated Project costs, and there are no pending payment requests, the Grantee's required match may be reduced proportionately, as long as at least a fifty percent (50%) match of the actual total cost of the Project is provided by the Grantee and the reduced amount satisfies statutory and program requirements. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. L A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds DEP Agreement No. NS025, Page 1 of 13 between approved budget categories, as defined in Attachment A, are less than ten percent (10%) of the total budget as last approved by the Department. Grantee match funds may be transferred between approved budget categories with a Change Order and are not subj ect to the ten percent (10%) cumulative transfer limit. All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. 11. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount; a change in the Grantee's match requirements, other than budget category transfers referenced in Paragraph 3.B.i. above; a change in the expiration date of the Agreement; and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both parties as evidenced in writing. ' C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A must be perfonned on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable. Reimbursement shall be limited to the following budget categories; 1. Contractual Services (Subcontractors) -Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Additionally, the Grantee may document these expenditures for meeting its match requirements. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Gqmtee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notifi~ation. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Subcontracts, which involve equipment purchases as part of an installation/retrofit or that include infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial Officer (CFO) Memorandum No.5 (2011-2012), must be capitalized in accordance with Chapter 691-72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible for maintaining appropriate property records ~or any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. For fixed-price (vendor) subcontracts, the following provisions shall apply: DEP Agreement No. NS025, Page 2 of 13 a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt ofthe Department Grant Manager's approval ofthe fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference guide/. F. 1. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds.provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment( s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. Inthe event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source( s), the Grantee shall reimburse the Department for all recovered 'funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date( s) the payment( s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. ANNUAL APPROPRIATION: DEP Agreement No. NS025, Page 3 of 13 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 5. REPORTS: The Grantee shall utilize Attachment D, Progress Report Form, to describe the work perf9rmed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. ' 6. RETAINAGE: A. Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement to a maximum of 10%. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. B. Department reserves the right to withhold payment of retain age for Grantee's failure to respond to or correct identified deficiencies within the timeframe stipulated in Attachment A, Grant Work Plan. Department shall provide written notification to Grantee of identified deficiencies and Department's intent to withhold retainage. Grantee's failure to rectify the identified deficiency within the time frame stated in Department's notice will result in forfeiture of retainage by Grantee. C. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment for the work and the retainage called for under the entire Attachment A, Grant Work Plan. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. D. No retainage shall be released or paid for uncompleted work while this Agreement is suspended. E. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held, in accordance with paragraph 3 above. 7. INDEMNIFICATION: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 8. DEFAULT/TERMINATIONIFORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written DEP Agreement No. NS025, Page 4 of 13 notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day's written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. Ifthe Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause ofthe delay, the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade,public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 9. REMEDIES/FINANCIAL CONSEOUENCES: No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory QY the Department, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (1 0) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe; the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. A. A CAP shall be'submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt ofthe Department letter rejecting the proposal to submit a revised proposed CAP .. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation ofthe accepted plan. Acceptance ofthe proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. DEP Agreement No. NS025, Page 5 of 13 C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 10. RECORD KEEPING/AUDIT: A. The Grantee shall maintain books, records and documents directly pertinent to perfonnance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event any work is subcontracted, the Grantee shall simil~rly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, ifany, impose this requirement, in writing, on its subcontractors. 11. SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager to request a copy ofthe updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (fonn number DFS-A2-NS) that can be found under the "LinkslForms" section appearing at the following website: https:\\apps.f1dfs.com\fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to paragraph 3.D. of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this DEP Agreement No. NS025, Page 6 of 13 Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens ofthe State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: 1. The contractor's maintaining an office or place of business within a particular local jurisdiction; 11. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does· not include any preference that is prohibited by Paragraph A. 14. LOBBYING PROHIBITION: In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the jlJdicial branch or a state agency. Further, in accordance with Section 11 ~062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi -judicial department shall be used by any state employee or other person for lobbying purposes. 15. COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at the addresses identified under paragraph 17. DEP Agreement No. NS025, Page 7 of 13 17. CONTACTS: The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at the time of execution for this Agreement is identified below: Connie Becker, or Successor Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd., MS# 3570 Tallahassee, Florida 32399 Telephone No.: I 850-245-2945 E-mail Address: I Connie.L.Becker@dep.state.fl.us The Grantee's Grant Manager at the time of execution for this Agreement is identified below: Angelica Bueno, or Successor Cityof South Miami 6130 Sunset Drive South Miami, Florida 33143 Telephone No.: I 305-668-2514 E-mail Address: I abueno@southmiamifl.gov In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment pursuantto paragraph 3.B should include the updated Grant Manager information. 18. INSURANCE: A. Reguired Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: 1. Commercial General Liability Insurance The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department of Environmental Protection, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $200,000 each individual's claim and $300,000 each occurrence. 11. Workers' Compensation and Employer's Liability Coverage The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer's liability insurance with minimum limits of$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. iii. Commercial Automobile Insurance If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department of Environmental Protection, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: DEP Agreement No. NS025, Page 8 of l3 $300,000 Automobile Liability Combined Single Limit for Company- Owned Vehicles, if applicable $300,000 Hired and Non-owned Automobile Liability Coverage iv. Other Insurance. Additional insurance may be required by federal law, where applicable, if any work proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbor Worker's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the parties' insurance carrier. B. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described above. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. C. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. Further, notwithstanding the requirements above, if Grantee is self-insured, then the Department, its employees, and officers do not need to be listed as additional insureds. D. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. E. Proof of Insurance. Upon execution of this Agreement, the Grantee shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from the Department, the Grantee shall furnish the Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-insured authorization, or other certification of self-insurance. F. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, the Grantee shall immediately notify the Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) calendar days after the cancellation of coverage. 19. CONFLICT OF INTEREST: The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. EOUIPMENT: Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 21. UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee DEP Agreement No. NS025, Page 9 of 13 shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 22. Reserved 23. DISCRIMINATION: A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section 287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 24. LAND ACQUISITION: Land acquisition is not authorized under the terms of this Agreement. 25. PHYSICAL ACCESS AND INSPECTION: As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; B. Grantee shall permit inspection of arty facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 26. PUBLIC RECORDS ACCESS: A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution. C. If Grantee meets the definition of "Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: DEP Agreement No. NS025, Page 10 of 13 i. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under s. 119.10, F.S. 11. Upon request from the Department's custodian of public records, Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 111. Grantee shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. IV. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the information technology systems of Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at public.services@dep.state.fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 27. TERMINATION FALSE CERTIFICATION, SCRUTINIZED COMPANIES, BOYCOTTING: Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287. 135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S.; for applicable sub- agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, DEP Agreement No. NS025, Page 11 of 13 F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 28. EXECUTION IN COUNTERPARTS: This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. 29. SEVERABILITY CLAUSE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. ENTIRE AGREEMENT: This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. NS025, Page 12 of 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITYO~ By: . *Signature of Person Authorized to Sign STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:r--tt~ Approved as to form and legality: FEID No.: 59-6000431 Secretary or designee Print Name and Title of Authorized Person Date: ~};)d) II ~~ Connie Becker, DEP 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 Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: SpecifY Type Attachment Attachment Attachment Attachment Attachment Letter/ Number Description (include number of pages) Grant Work Plan (3 Pages) Payment Request Summary Form (8 Pages) Contract Payment Reguirements (1 Page) . Progress Report Form (1 Page) Special Audit Reguirements (5 Pages) DEP Agreement No. NS025, Page 13 of 13 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: City Wide Drainage Phase VI -SW 59th Ave PROJECT LOCATION: The Project will be located along the portion of Southwest 59th Avenue from SW 74th Terrace to SW 80th Street, which is located within the City of South Miami, Miami-Dade County, Florida. Latitude: 25.701971; Longitude: -80.209249. See Figure 1 for a location/site plan. PROJECT BACKGROUND: In October 2012, the City of South Miami (Grantee) completed a comprehensive Stormwater Master Plan (SWMP) in order to identify and prioritize flooding within the City and eliminate or reduce the problem. Drainage improvements in the Pinecrest Villas / Downtown neighborhood area were identified as one of the top three priorities in the City. PROJECT DESCRIPTION: The Grantee will construct drainage improvements along the portion of Southwest 59th Avenue from SW 74th Terrace to SW 80th Street to include storm drainge systems with catch basins and exfiltration trenches to collect stormwater. TASKS and DELIVERABLES: Task 1: Construction of Project Task Description: The Grantee will construct drainage improvements to include catch basins and exfiltration trenches in accordance with the construction contract documents. Deliverables: Catch basins and exfiltration trenches constructed as described in this task, as evidenced by: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; andA) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 2: Final Report Task Description: The Grantee will prepare a Final Report summarizing the results of the project, including all tasks in the Grant Work Plan. The Final Report must include at a minimum: • Project location and background, project description and timeline, grant award amount and anticipated benefits. • Financial summary of actual costs versus the budget, along with any changes required to the budget. Include any match or locally pledged contributions provided, along with other related project work performed outside of this Agreement to identify the overall project cost. • Discussion of project schedule versus actual completion, including changes required to the schedule, unexpected site conditions and adjustments, significant unexpected delays and corrections, and/or other significant deviations from the original project plan. II Summary of activities completed as well as those not completed and why, as well as a brief summary of any additional phases yet to be completed. DEP Agreement No. NS025, Attachment A, Page 1 of3 II Photo documentation of work performed (before, during and after), appropriate figures (site location, site plan(s), etc.), appropriate tables summarizing data/information relevant to Grant Work Plan tasks, and appropriate attachments relevant to the project. • Discussion of whether the anticipated benefits havebeenlwill be realized (e.g., why a Best Management Practice (BMP) approach did or did not exceed the expected removal efficiency). Deliverable 2a: An electronic copy ofthe draft Final Report in Word format submitted to the Department's Grant Manager for review prior to submission of the Final Report. Upon request, the Grantee will provide a paper copy of the draft Final Report. Performance Standard: The Department's Grant Manager will review the submitted draft Final Report to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for consideration of incorporation into the Final Report. Deliverable 2b: An electronic copy of the Final Report, with all suggested changes incorporated, in Word or PDF format submitted to the Department's Grant Manager for review and approval. Upon request, the Grantee will provide a paper copy of the Final Report. Performance Standard: The Department's Grant Manager will review the deliverables to ensure that they meet the specifications in the Grant Work Plan and this task description. PROJECT TIMELlNE: The tasks must be completed and all deliverables received by the corresponding task end date . .. T~s~ ... , .... Task or Deliverable Title ,. TllskStart TaskEnd .. Deliverable '. "Dat~ ri~1:e No; . ':c.~_ ..... , .", .... 1 Construction of Proj ect Execution 8/3112018 2 Final Report Execution 11130/2018 2a Draft Final Report Execution 10/3112018 2b Final Report Execution 11/30/2018 BUDGET DETAIL BY TASK: TaskNo •.... . Budget Category Budget AnlOunt I Match Amount . .. ' ,.1 Contractual Services $100,000 $100,000 I . Total for Task:' $100,000 .$100,000 2 , There are No Funds Associated with this Task Percenta2e Match 50% 50% PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Match funding shall be provided in the categories indicated below. Contractual Services Total $100,000 $100,000 Totals: $100,000 $100,000 Percentage Match: 50% 50% DEP Agreement No. NS025, Attachment A, Page 2 of3 Figure 1 Location/Site Map Location of Downtown! Pinecrest Villas Drainage Project along 59th Avenue from 74th to SW 80th St REMAINDER OF THIS PAGE lNTENTIONALL Y LEFT BLANK DEP Agreement No. NS025, Attachment A, Page 3 00 ATTACHMENT B FA YMENT REQUEST SUMMARY FORM Payment Request No. ______ _ DEP Agreement No. ______ Date ________ _ .Performance Period (Start date -End date ): ---------------------- Deliverables completed to support payment request (auach additional pages as needed): TasklDeliverable Task Budget Number(s): Amount: $ ----------------------------- Grantee: (Name & Mailing Address) Grantee Contact: ----------------------------------------------------------------------(Name & Phone) SalarieslW ages Fringe Benefits Indirect Cost Contractual (Subcontractors) Travel Equipment (Direct Purchases) Rental/Lease of Equipment Miscellaneous/Other Expenses Land Acquisition Less Total ",-,UlllIUlldU'" GRANTEE CERTIFICATION GRANT EXPENDITURES SUMMARY SECTION AMOUNT OF THIS $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ CUMULATIVE PAYMENT MATCHING FUNDS FOR THIS $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ CUMULATIVE MATCHING $ Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. DEP Agreement No. NS025, Attachment B, Page 1 of 8 Grantee's Certification of Payment Request I, ___________________________ " on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) __________________________________________________________ ,doherebycerti~fur (Print name of Grantee) DEP Agreement No. ___________ and Payment Request No. ___________ that: iii The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. iii All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. iii The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply: o All permits and approvals required for the construction, which is underway, have been obtained. o Construction up to the point of this disbursement is in compliance with the construction plans and permits. o The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request, and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mm/dd/yy -mm/dd/yy) Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number DEP Agreement No. NS025, Attachment B, Page 2 of 8 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE: This is the date that you are submitting the payment request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the Task/Deliverable that the request is for (this must be within the timeline shown for the Task/Deliverable in the Agreement). TASKIDELIVERABLE NO.: Identify the number of the Task/Deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). Note: If payment request includes more than one Task/Deliverable, additional pages should identify each Task/Deliverable Number, its corresponding budget amount, and the amount requested: . TASK BUDGET AMOUNT: List the Task budget amount as identified in the Grant Work Plan for the corresponding Task/Delverable. Note: If payment request includes more than one Task/Deliverable, additional pages should identify each Task/Deliverable Number, its corresponding budget amount, and the amount requested. GRANTEE: Enter the name ofthe Grantee's agency and the address to which you want the state warrant sent. GRANTEE CONTACT: List the name and telephone number for the Grantee's grant manager or other point of contact regarding the payment request submittal. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT" line. Enter the amount of all Tasks on the "TOTAL BUDGET (ALL TASKS)" line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL BUDGET (ALL TASKS)" for the amount to enter on the "TOTAL REMAINING (ALL TASKS) " line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the "TOTAL PAYMENT REQUEST" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s) you are reporting on. This needs to be shown under specific budget categories according to the currently apprqved Grant Work Plan. Enter the total on the "TOTAL AMOUNT" line for this column. Enter the match budget amount on the "TOTAL BUDGET (ALL TASKS)" line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL BUDGET (ALL TASKS)" for the amount to enter on the "TOTAL REMAINING (ALL TASKS)" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled "TOTAL PAYMENT REQUEST." The final request should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas . . GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP Agreement No. NS025, Attachment B, Page 3 of 8 INVOICE SUMMARY INFORMATION Contract#: Grantee: Payment Request #: Complete the table below. Use the drop down lists to add categories. Enter one Task number per row and one Category per column. Select only the categories that are in the contract task budget. Also complete the Contractual Detail spreadsheet if the contractual. category is funded in the Agreement/Task. Also, complete the Equip-Supplies-Expense spreadsheet if the contractual category is funded in the Agreement/Task. Also complete the Salary/Fringe Detail spreadsheet if the salary and fringe categories are funded in the Agreement/fask. 'Include the match amount if match is required in the Agreement and is included in the invoice, Formulas are included in some of the spreadsheet cells, denoted with "$ -". Provide Reimbursement Request Amounts by Category Select one budget category per column using the drop down lists Task! Oeliverable # Performance Period -Date Range Total Reimbursement Request: Total Amount to Credit to Match: Click here for drop down list $ $ $ Click here for drop down list $ DEP Agreement No, NS025, AttachmentB, Page 4 0[8 Click here for drop do~ list $ Click here for drop down list $ Click here for dro:p down list $ provideAmountst~:CreditT~;"ardsMatch by categorY" , .select'o~ebudgetcateg~.yper c;'luinn~sing the drop down liSts . Click h~rO for drop," I' Cli~k hera f~~'drop :. down list down list· Click here for drop down list Click here for drop down list $ $ $ $ Comments CONTRACTUAL DETAIL Complete one table per Task containing Contractual Reimbursement Requests Add rows as needed for each table. Add tables as needed, if more than two tasks are in the invoice. Enter the contractual sum for each task into the Invoice Summary spreadsheet. *Include the match amount if match is required in the Agreement and is included in the invoice Task/Deliverable #: Performance Period -. Date Range Sub-contractor Subcontractor Sub-contractor Check Number Check Amount Name Invoice Number Invoice Date Contractual Total for Task # Task/Deliverable #" Performance Period -Date Range Sub-contractor Subcontractor Sub-contractor Check Nl,lmber Check Amount Name Invoice Number Invoice Date Contractual Total for Task # : DEP Agreement No. NS025, Attachment B, Page 5 of 8 Amount requested Amount to credit Comments for reimbursement toWards Mate ... " : $ -$ - Amount requested Amount to credit Comments for reimbursement towards Match" I I $ -$ - EQUIPMENT AND SUPPLY/EXPENSE DETAIL Complete one table for each task containing Equipment and Supply/Expense Reimbursement Request! Add rows as needed for each table. Add tables as needed, if more than two tasks are in the invoice Enter the Equiment and Supplies/Expense sums for each task into the Invoice Summary spreadsheet 'Include the match amount if match is required in the Agreement and is included in the invoice Task/Deliverable #: Invoice/Receipt InvoicefReceipt Performance Period -Date Range Vendor Name Number Date Check Number Check Amount Supplies/Expense Totals for Task # : Task/Deliverable #: Invoice/Receipt Invoice/Receipt Performance Period -Date Range Vendor Name Check Number Check Amount Number Date Supplies/Expense Totals for Task # : DEP Agreement No. NS025, Attachment B, Page 6 of 8 Supplies/Expense Amount requested for reimburs.ement $ - SupplieS/Expense Amount requested for reimbursement $ - Equipment Supplies/EXpense Equipment Amount ; A~~u~t, to ~red~t; Amount to credit Requested" for towards' Match* towards Match* Comments Reimbursement ...;;. $ -$ -$ - Equipment Supplies/Expense Equipment Amount Ainount to credit Amount to credit. Requ·ested for Comments Reimbursement towards Match* towards Match* $ -$ -$ - SALARY AND FRINGE DETAIL Complete one table for each task containing Salary and Fringe Reimbursement Requests Add rows as needed for each table. Add tables as needed, if more than two tasks are in the invoice. Enter the Salary and Fringe sums for each task into the Invoice Summary spreadsheet. *Include the match amount if match is required in the Agreement and is included in the irivoice. Task/Deliverable #, Performance Period -Hourly Fringe Position Title Employee Name Date Range Wage Rate (%) No. Hours Worked for reimbursement _Salaries/Fringe!otals for Task # : Task/Deliverable n· No. Hours Performance Period -Hourly Fringe Worked for Position Title Employee Name Date Range Wage Rate (%) reimbursement Salaries/Fringe Totals for Task # __ : DEP Agreement No. NS025, Attachment B, Page 7 of 8 Salary Amount per employee for reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Salary Amount per employee for reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Fringe Amount per No, hours-Salary to credit Fringe to credit employee for worked for towards towards reimbursement match Match* Match * $ -$ -$ - $ -$ -$ - $ -$ -$ - $ , $ -$ - $ -$ -$ - $ -$ -$ - $ -$ -$ -i $ -$ -$ -I $ -$ -$ -I $ $ -$ -I $ --~ $ -$ ~~ Fringe Amount per No. hours Salary to credit Fringe to credit employee for worked for towards towards reimbursement match Match* Match* $ -$ -$ - $ -$ -$ - $ -$ -$ - $ -$ -$ - $ -$ -$ - $ -$ -$ - $ -$ -$ - $ -$ -$ - $ -$ -$ - $ -$ -$ - $ -$ -$ - --- Instructions for Completing Request for Payment -Part II Include the Grantee Name, Payment Request No., and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. 2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice 3 Amount (1). Deliverable Number: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that TasklDeliverable identified under (2). Submittal Instructions Instructions for E-mailing: The program now accepts reimbursement requests electronically. When scanning please be sure that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically, please do not also send a hard copy by postal mail. Remit Payment Request by E-mail to the Department's Grant Manager Be sure the E-mail payment request includes the following: Subject: Project Number_Disbursement Number: example -LPI4025_Disb_1 Attachments: 1) Attachment B Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Other supporting documentation, as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact the Department's Grant Manager. DEP Agreement No. NS025, Attachment B, Page 8 of 8 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be· supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. . Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: (2) Fringe Benefits: (3) Travel: (4) Other direct costs: (5) In-house charges: (6) Indirect costs: 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 on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. 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. . If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/referenceguide.htm DEP Agreement No. NS025, Attachment C, Page 1 of 1 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: NS02~ Grantee Name: Grantee Address: Grantee's Grant Manager: I Telephone No.: I Reporting Period: Pro.iect Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements ofDEP Agreement No. NS025 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Agreement No. NS025, Attachment D, Page 1 of 1 an ATTACHMENTE SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, 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 2 CFR Part 200, Subpart F, 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 organizatiori as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26,2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) 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 ofOMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indIcates Federal funds awarded through the Department of Environmental Protection by this Agreement: In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200; Subpart F. 3. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F 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 www.cfda.gov DEP Agreement No. NS025, Attachment E, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistanqe, 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 IT, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 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 $750,000 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 (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.comlfsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm. State of Florida's website at http://www.myflorida.coml, Department of Financial Services' Website at http://www.fldfs.coml and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to 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 01' State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8}, Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.} PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-l33, as revised, and 2 CFR Part 200, Subpart F and required by PART I of this Attaclunent shall be submitted, when required by Section .320 (d), OMB Circular A-l33, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: . DEP Agreement No. NS025, Attachment E, Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-l33, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-l33, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonvil1e,:iN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted lIsing the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ . C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-l33, as revised, and 2 CFR §200.512. 2. Pursuant to Section .320(t), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-l33, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 DEP Agreement No. NS025, Attachment E, Page 3 of 5 Electronically: FDEPSingleAudit@dep.state.fi.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office ofthe Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fi.us 5. Any reports, managemel)t 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, as revised, and 2 CFR Part 200, Subpart F, Floriqa 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, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. NS025, Attachment E, Page 4 of 5 EXHIBIT-l FUNDS AWARDED TO THE RECIPIENT PURSUANT TO TillS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A~reement Consist oftbe Followin~ Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category --- State Resources Awarded to the Recipient Pursuant to this A~reement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Revenue Fund, 2016-2017 37.039 Statewide Surface Water and $100,000 140076 Agreement Line Item 1601 Wastewater Proi ects T 1 A d 1 $100000 F,i': .":.",, .. , .... ,,,.... "'·-1 ota war ,ii,,> 'x-":::,"" "",' "J:".' ',',' For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.comJfsaafsearchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. NS025, Attachment E, Page 5 of 5