HomeMy WebLinkAboutExhibit - FDEP AgreementDEP AGREEMENT NO. S0774
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and the CITY OF MIAMI, whose address is 444 SW 2nd
Avenue, Eighth Floor, Miami, Florida 33130 (hereinafter referred to as "Grantee"), local government, to provide
financial assistance for the Wagner Creek/Seybold Canal Dredging/Restoration Project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, 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. This Agreement shall begin upon execution by both parties and remain in effect for a period of fifteen (15)
months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date
of execution through the expiration date of this Agreement. This Agreement may be amended to provide
for additional services if additional funding is made available by the Legislature.
3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement, the Depai tuuent shall pay the Grantee on a cost reimbursement basis up to
a maximum of $200,000. The parties hereto understand and agree that this Agreement does not
require a match on the part of the Grantee.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of deliverables 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. All bills 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) days following the
completion date of the Agreement, to assure the availability of funds for payment.
C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with the Attachment C, Contract Payment
Requirements, the Grantee shall comply with the minimum requirements set forth therein. The
Payment Request Summary Form shall be accompanied by supporting documentation and other
requirements as follows for each deliverable:
Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, 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
DEP Agreement No. S0774, Page 1 of 7
Grantee shall be required to reimburse such funds to the Department within thirty (30)
days of written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration. For fixed price (vendor)
subcontracts, the following provisions shall apply:
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 (Invitation to Bid or
Request for Proposals) resulting in the fixed price subcontract.
b.
c.
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 Depai lment's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a
detailed budget and Scope of Services to be performed by the subcontractor.
Upon receipt of the Department Grant Manager's approval of the fixed price
amount, the Grantee may proceed in finalizing the fixed price subcontract.
All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting
activities.
D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. 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 Deparlinent 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.fldfs. com/aadir/reference%5F guide.
E. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program -by -
program or a project -by -project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting systemcannot 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.
DEP Agreement No. S0774, Page 2 of 7
iii. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Depai liaent 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 Depai talent by the Grantee.
4. 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.
5. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during
the reporting period, problems encountered, problem resolution, schedule updates and proposed work for
the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later
than twenty (20) 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. Final payment, of up to ten (10)
percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is
completed, all deliverables have been submitted, match requirements have been met and the Final Project
Report has been received and approved.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
7. A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department
shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed
for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) 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 Depat talent 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 Depaitnient. All CAPs must be able to be implemented and performed in no more than sixty (60) 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 Depaitaient shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
above shall result in the Depat luient's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement.
DEP Agreement No. S0774, Page 3 of 7
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.
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.
9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(1)(a), Florida Statutes.
10. 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 five (5) 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.
11. 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 Grants Development and Review Manager at
850/245-2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining
whether the relationship represents that of a subrecipient or vendor. For state fmancial assistance,
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found
under the "Links/Forms" section appearing at the following website:
https://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the
Depaitiuent within ten (10) days after execution. Regardless of any subcontract, the Grantee is
ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to
DEP Agreement No. S0774, Page 4 of 7
be responsible for the fulfillment of all work elements included in any subcontract and agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed
by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
14. 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.
15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt
requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses
below.
16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for
this Agreement is identified below.
Technical
Ramona Turner
Florida Department of Environmental Protection
Florida Coastal Office
3900 Commonwealth Blvd MS# 235
Tallahassee, Florida 32399
Telephone No.:
(850) 245-2102
Fax No.:
(850) 412-0505
E-mail Address:
Ramona.D.Turner cr dep.state.tl.us
17. The Grantee's Grant Manager for this Agreement is identified below.
Lillian Blondet
City of Miami
444 SW 2' Avenue Rm 539
Miami, Florida 33130
Telephone No.:
(305) 416-1536
Fax No.:
(305) 416-2153
E-mail Address:
Iblondet a,miam.ieov.com
18. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the its employees unless such employees
DEP Agreement No. S0774, Page 5 of 7
are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department,
for the protection of his employees not otherwise protected.
19. The Grantee warrants and represents that it is self -funded for liability insurance, appropriate and allowable
under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers,
employees, servants and agents while acting within the scope of their employment with the Grantee.
20. 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.
21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Agreement.
22. The Department may at any time, by written order designated to be a change order, make any change in the
Grant Manager information or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and 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 is not authorized under the terms of this Agreement.
25. 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.
26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0774, Page 6 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF MIAMI STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
Title: * Secretaiy or designee
Date:
FEID No.: 59-6000375
Date:
Ramona Turner, DEP Grant Manager
aubfwm
DEP Contracts Administrator
Approved as to form and legality:
*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 Letter/
Type Number Description (include number of pages)
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Grant Work Plan (1 Page)
Payment Request Summary Form (2 Pages)
Contract Payment Requirements (1 Page)
Progress Report Form (1 Page)
Special Audit Requirements (5 Pages)
DEP Agreement No. S0774, Page 7 of 7
ATTACHMENT A
PROJECT WORK PLAN
Project Title: The Wagner Creek/Seybold Canal Dredging/Restoration Project
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Project Location: The Wagner Creek/Seybold Canal is a tributary of the Miami River. The Miami River flows into the Biscayne
Bay Aquatic Preserve, and the Atlantic Ocean
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Project Background: The Wagner Creek/Seybold Canal Restoration Project will enable the City of Miami to responsibly dredge
these waterways, which are designated as an Area of Critical State Concern and an impaired water body.
Wagner Creek, which merges into the Seybold Canal, receives stormwater runoff from the surrounding C-6 Basin. This project
qualifies as a priority water body identified in the South Florida Water Management District Surface Water Improvement and
Management Plan for Biscayne Bay (1995; 2003). Wagner Creek, a 303(d) listed water body, and Seybold Canal, an Outstanding
Florida Water that is part of the Biscayne Bay Aquatic Preserve, will provide critical stormwater conveyance through a densely
populated urban area. Historical stormwater discharge into Wagner Creek and Seybold Canal has resulted in elevated sediment
concentrations of dioxins, total PAHs, and metals. These sediments can also be a source of nitrogen and phosphorus to the water
column. It should be noted that Water quality impairments within Wagner Creek have been verified using the Impaired Surface
Waters Rule (IWR) and include copper, mercury (in fish tissue), coliforms (fecal and total), and dioxin (in fish tissue). In addition,
the Draft Walk the WBID Exercise for Wagner Creek (WBID 3288A) was completed by the Florida Department of Environmental
Protection in February 2011 and focused on the identification of potential sources of fecal coliform impacting Wagner Creek.
Removal of the debris from Wagner Creek during the project will contribute to coliform reduction (86% of in -stream concentrations)
as identified by the Total Maximum Daily Load for Wagner Creek in order to meet the State of Florida water quality standards.
Removal of these contaminated sediments, accumulated over time from non -point sources, will reduce future contaminant loadings
downstream into the Miami River which drains a considerable portion of the City of Miami. Dredging of Wagner Creek has been
identified as an action item in the process to improve water quality in the Miami River (MRC, 2002). The City of Miami and Miami -
Dade County have been implementing or completed stormwater and drainage -related action items as noted in the Miami River Basin
Water Quality Improvement Report (MRC, 2002), including retrofitting old positive drainage systems in remaining areas of the
Miami River, rebuilding downtown storm sewers, and conducting Flagami/West End storm sewer improvements.
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Project Description: The dredging/restoration project will result in the removal of approximately 127,994,000 lbs. (-64,000 tons)
of contaminated sediment, improving the water quality conditions of Wagner Creek and Seybold Canal and reducing the pollutant
load on the Miami River and Biscayne Bay. In addition, the project will result in the removal of approximately 3,630 tons of sediment
containing dioxin (>_ 1 ppb), 470 pounds of sediment containing mercury and 42,484 pounds of sediment containing copper during
the restoration project. Mass reductions of the primary nutrient pollutants within Wagner Creek and Seybold Canal during this one
time dredging event would be 31,932 pounds of total nitrogen and 383 pounds of total phosphorus. Dredging the waterways will
have many positive impacts to Miami's local communities and South Florida's natural aquatic resources. The project will remove
harmful contamination (i.e., dioxins), mitigate flooding to adjacent basins by increasing the stormwater conveyance of the waterway,
improve navigation along the Seybold Canal, increase safety and provide new economic development opportunities in an area that is
currently environmentally and economically impaired.
Task 1: Dredging/Restoration
Description: Conduct dredging of contaminated soils in the Wagner Creek and Seybold Canal waterways to reduce pollution within
the Miami River and Biscayne Bay.
Deliverable: Grantee will submit a copy of all permits and waste manifests as confirmation of work performed.
Timeline for completion: Task 1 will be completed in month 15.
Contractual: $200,000 (DEP Funding)
Performance Standard: The Department's Grant Manager will review photographs, waste manifests, and the regulatory agency
sign off of the work performed to ensure that all work is completed in accordance with the Department, Army Corp, and DERM
permits.
Revised 6/13
DEP Agreement S0774, Attachment A, 1 of 1
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Grantee: Grantee's Grant Manager:
Mailing Address:
DEP Agreement No.: S0774
Date Of Request:
Payment Request No.:
Performance
Period:
Task/Deliverable Amount Task/Deliverable
Requested:$ No.:
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End -of -Grant Period]
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENT
REQUESTS
MATCHING
FUNDS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries
$N/A
$N/A
$N/A
$N/A
Fringe Benefits
$N/A
$N/A
$N/A
$N/A
Travel (if authorized)
$N/A
$N/A
$N/A
$N/A
Subcontracting:
Contractual
Equipment Purchases
$N/A
Supplies/Other Expenses
$N/A
$N/A
$N/A
$N/A
$N/A
$N/A
$N/A
Land
$N/A
$N/A
$N/A
$NIA
Indirect
$N/A
$N/A
$N/A
$N/A
TOTAL AMOUNT
TOTAL TASK/DELIVERABLE
BUDGET AMOUNT
Less Total Cumulative Payment
Requests of:
TOTAL REMAINING IN TASK
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
DEP 55-223 (03/12)
DEP Agreement No. S0774, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for (must agree with the current Grant Work Plan).
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for
which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current
Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved
budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on
the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the
total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT
REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK
BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK' line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The fmal request should show the total of all requests; first
through the fmal request (this amount cannot exceed the approved budget amount for that budget category for the task you
are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task
you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant
Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the
"TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous
match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN TASK' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category for the task. Put the total of all on the line titled "TOTALS." The fmal report should show the
total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services, Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP 55-223 (03/12)
DEP Agreement No. S0774, Attachment B, Page 2 of 2
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:
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.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Departwent of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http://www.fldfs.com/aadr/referencejzuide.htm
DEP 55-219 (05/2008)
DEP Agreement No. S0774, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
S0774
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
S0774 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
DEP Agreement No. S0774, Attachment D, Page 1 of 1
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state fmancial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state fmancial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at
http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specs any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (Le., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 2 of 5
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East I0th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FD.EPS ingle.A.uditndep.state.fl. us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAu.ditQdep.state. fl.us
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 3 of 5
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDE.PSingleAudi t(a) dep. state. fl.. us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 4 of 5
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources
Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources
for Federal Programs:
Funding Amount
State
Appropriation
Category
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Original
Agreement
General Revenue Trust
Fund, Line Item 1668A
2014-2015
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$200,000.00
140047
Total Award
$200,000.00
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 5 of 5