HomeMy WebLinkAboutExhibitDEP AGREEMENT NO. S0774
CITY OF MIAMI
AMENDMENT NO. 2
THIS AGREEMENT as entered into on the 6th day of April, 2015, and amended on the 6th day of
July, 2016, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred
to as the "Department") and the CITY OF MIAMI (hereinafter referred to as the "Grantee") is hereby amended.
WHEREAS, funding in the amount $200,000 was provided under Line Item 1668A of the 2014-2015
General Appropriations Act for Miami Wagner Creek-Seybold Canal Dredging Restoration Project ("Project"); and
WHEREAS, $250,000 in additional funding for this Project was provided under Line Item 1600A of the
2016-2017 General Appropriations Act; and.
WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to
the Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2. of the Agreement, as amended, is hereby revised to change the completion date of the Agreement
from January 6, 2017, to January 31, 2019.
2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the following:
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 $450,000. It is understood that any additional funds necessary for the completion
of this project are the responsibility of the Grantee. The parties hereto understand and agree that
this Agreement does not require a match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
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
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. All Change Orders
are subject to the mutual agreement of both parties as evidenced in writing.
ii. 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, 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,
DEP Agreement No. S0774, Amendment 2, Page 1 of 8
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 performed 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
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 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
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. 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 69I-72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible
for maintaining appropriate property records for 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:
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 of the Department Grant Manager's approval of the 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.
DEP Agreement No. S0774, Amendment 2, Page 2 of 8
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. 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 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.
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
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.
3. Section 5. of the Agreement is hereby deleted in its entirety and replaced with the following:
REPORTS:
A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed
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.
B. The Grantee will identify the expected return on investment for this project and provide this
information to the Governor's Office of Policy and Budget (OPB) within three months of
execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide
quarterly update reports directly to OPB, no later than 20 days after the end of each quarter,
documenting the positive return on investment to the state that results from the Grantee's project
DEP Agreement No. S0774, Amendment 2, Page 3 of 8
and its use of funds provided under this Agreement. Quarterly reports will continue until the
Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement,
whichever occurs first. All reports shall be submitted electronically to OPB at
env.roi laspbs.state.fl.us, and a copy shall also be submitted to the Department at
legislativeaffairs(a,dep. state.fl.us.
4. Section 11. of the Agreement is hereby deleted in its entirety and replaced with the following:
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 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 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"
(form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the
following web site:
ht tp s: \\app s . fl d fs . c om\fs as
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.
5. Section 12. of the Agreement is hereby deleted in its entirety and replaced with the following:
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
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 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.
DEP Agreement No. S0774, Amendment 2, Page 4 of 8
6. Section 15. of the Agreement is hereby deleted in its entirety and replaced with the following:
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,
7. Sections 16. and 17. of the Agreement are hereby deleted in their entirety and replaced with the following:
CONTACTS:
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for
this Agreement is identified below:
Thomas Montgomery, or Successor
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd., MS# 3505
Tallahassee, Florida 32399
Telephone No.:
850-245-2967
E-mail Address:
Thomas.montgomery@dep.state.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is identified below:
Lillian P. Blondet, or Successor
City of Miami
Director of Grants Administration
444 SW 2nd Ave., loth Floor
Miami, Florida 33130
Telephone No.:
305-416-1536
E-mail Address:
LBlondet@miamigov.com
8. Sections 18. and 19. of the Agreement are hereby deleted in their entirety and replaced with the following:
INSURANCE:
A. Providing and maintaining adequate insurance coverage is amaterial obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub -grantee,
or Grantee's contractors. Such insurance shall include the State of Florida, the Department, and
the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional
Insureds for the entire length of the Agreement.
B. Coverage may be by private insurance or self-insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall
contain a provision that the insurance will not be canceled for any reason except after thirty (30)
calendar days' written notice (with the exception of non-payment of premium, which requires a 10-
calendar-day notice) to the Department's Grant Manager. If the Grantee is self -funded for any
DEP Agreement No. S0774, Amendment 2, Page 5 of 8
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self -funded for said 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 for the entire length of the
Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such
sub grant or subcontractor employees are covered by the protection afforded by the Grantee.
Workers' Compensation Insurance is required for all employees connected with the work
of this project. Any 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 proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
ii. Commercial General Liability insurance is required, including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability insurance is required, for all claims which may arise
from the services and/or operations under this Agreement, whether such services and/or
operations are by the Grantee or any of its contractors. The minimum limits of liability
shall be as follows:
$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 may be required if any work proceeds over or adjacent to water,
including but not limited to Jones Act, Longshoreman's and Harbormaster'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.
9. Section 22. is deleted and replaced with RESERVED.
10. Section 30. is added to the Agreement as follows:
DEFAULT/TERMINATION/FORCE 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 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. If the Department terminates the Agreement for
convenience, the Department shall notify the Grantee of such termination, with instructions as to the
DEP Agreement No. S0774, Amendment 2, Page 6 of 8
effective date of termination or specify the stage of work at which the Agreement is to be
terminated. If the 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 of the 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.
11. Attachment A-1, Revised Project Work Plan, is hereby deleted in its entirety and replaced with
Attachment A-2, Revised Project Work Plan, attached hereto and made a part of the Agreement. All
references in the Agreement to any prior Attachment A's, shall hereinafter refer to Attachment A-2,
Revised Project Work Plan.
12. Attachment B, Disbursement Request Package, is hereby deleted in its entirety and replaced with
Attachment B-1, Payment Request Summary Form, attached hereto and made a part of the Agreement. All
references in the Agreement to Attachment B, shall hereinafter refer to Attachment B-1, Payment Request
Summary Form.
13. Attachment E, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment
E-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All
references in the Agreement to Attachment E, shall hereinafter refer to Attachment E-1, Revised Special
Audit Requirements.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0774, Amendment 2, Page 7 of 8
IN WITNESS WHEREOF, the parties have caused this amendment to Agreement S0774 to be duly
executed, the day and year last written below.
CITY OF MIAMI STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
City Manager Secretary or designee
Print Name of Authorized Person Print Name and Title of Authorized Person
Date: Date:
FEID No.:
Thomas Montgomery, DEP Grant Manager
Sandy Waters, DEP QC Reviewer
List of attachments/exhibits included as part of this Amendment:
Letter/
Specify Type Number Description (include number of pages)
Attachment A-2 Revised Project Work Plan (3 Pages)
Attachment
Attachment
B-1 Payment Request Summary Form (2 Pages)
E-1 Revised Special Audit Requirements (5 pages)
DEP Agreement No. S0774, Amendment 2, Page 8 of 8
ATTACHMENT A-2
GRANT WORK PLAN
Project Title: Miami Wagner Creek-Seybold Canal Dredging Restoration Project
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.
Project Background: The Miami Wagner Creek/Seybold Canal Restoration. Project will enable
the City of Miami (Grantee) 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 identifiedin 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 stotiuwater 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 polycyclic aromatic hydrocarbons, 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 and include copper, mercury (in fish tissue), coliforms (fecal and total), and dioxin
(in fish tissue). In addition, the Draft Walk the Water Body Identification (WBID)Exercise for
Wagner Creek 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.
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. 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
DEP Agreement S0774, Attachment A-2, Page 1 of 3
Canal, increase safety and provide new economic development opportunities in an area that is
currently environmentally and economically impaired.
Task 1: Dredging
Deliverable la: Dredging completed to date as described in this task, as evidenced by these interim
deliverables: 1) Signed acceptance of the completed work by the Grantee; 2) Contractor's
Application and Certification for Payment; and 3) dated color photographs of on -going work
representing time period covered in payment request. These interim deliverables must be
submitted 5 days prior to each payment request and may be submitted no more frequently than
monthly.
Performance Standard: The Department's Grant Manager will review each submitted interim
deliverable to verify that it meets the specifications in the Grant Work Plan and this task description
and that work is being performed in accordance with the Grantee's construction contract
documents and specifications. Upon review and written acceptance of each interim deliverable
submittal by the Department's Grant Manager, the Grantee may proceed with payment request
submittal for costs associated with that submittal period under this task.
Contractor's Application and Certification for Payment should include the following
supporting documentation:
1. An itemized summary of the materials, labor, and/or services utilized during
the period for which payment is being requested.
2. The summary should identify the nature of the work performed; the amount
expended for such work; the name of the person/entity providing the service or
performing the work; proof of payment of the invoices; and evidence of all work
conducted for which a request for payment is being made.
3. Evidence may include references to any drafts or partially -complete
designs, surveys, environmental documents and/or permit applications, drawings,
and specifications (which must be made available upon request); and
documentation demonstrating partial completion of construction activities.
Deliverable lb: Dredging completed as described in this task, as evidenced by these final
deliverables: 1) Dated color photographs of the dredging site(s) prior to, during, and immediately
following completion of this 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; and 4)- signed statement from a Florida. Licensed Professional
Engineer indicating construction has been completed in accordance with the design.
Performance Standard: The Department's Grant Manager will review the final deliverables to
verify that they meet the specifications in the Grant Work Plan and this task description andthat
work is being performed in accordance with the Grantee's construction contract documents and
specifications. Upon review and written approval by the Department's Grant Manager of all final
deliverables under this task, the Grantee may proceed with payment request submittal.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no
more frequently than once per month. The outlined Interim Deliverable(s) and/or Final
DEP Agreement S0774, Attachment A-2, Page 2 of 3
Deliverable(s) must have been submitted and accepted in writing by the Department's Grant
Manager prior to payment request submittal.
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all
deliverables received by, the corresponding task end date.
Task
N0. ,.,.,.
%ems
� Title
Budget
Caiegary _ ...
B yd '
�
t
e ......
Task End
Date
1
Dredging
Contractual
Services
$450,000
04/06/2015
08/31/2018
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement S0774, Attachment A-2, Page 3 of 3
Payment Request No.
ATTACHMENT B-1
PAYMENT REQUEST SUMMARY FORM
Performance Period (Start date - End date):
DEP Agreement No. Date
Deliverables completed to support payment request (attach additional pages as needed):
Task/Deliverable Task Budget
Number(s): Amount: $
Grantee:
(Name & Mailing
Address)
Grantee Contact:
(Name & Phone)
GRANT EXPENDITURES SUMMARY SECTION
CATEGORY OF EXPENDITURE
(As authorized)
AMOUNT OF THIS
REQUEST
TOTAL
CUMULATIVE
PAYMENT
REQUESTS
MATCHING FUNDS
FOR THIS
REQUEST
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries/Wages
$ -
$ -
$ -
$ -
Fringe Benefits
$ -
$ -
$ -
$ -
Indirect Cost
$ -
$ -
$ -
$ -
Contractual (Subcontractors)
$ -
$ -
$ -
$ -
Travel
$ -
$ -
$ -
$ -
Equipment (Direct Purchases)
$ -
$ -
$ -
$ -
Rental/Lease of Equipment
$ -
$ -
$ -
$ -
Miscellaneous/Other Expenses
$ -
$ -
$ -
$ -
Land Acquisition
$ -
$ -
$ -
$ -
TOTAL AMOUNT
$
$
$
$
TOTAL BUDGET
(ALL TASKS)
$
$
Less Total Cumulative Payment
Requests of:
$
TOTAL REMAINING
(ALL TASKS)
$
$
GRANTEE CERTIFICATION
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.S0774, Attachment B-1, Page 1 of 5
I,
Grantee's Certification of Payment Request
(Print name of Grantee's Grant Manager designated in the Agreement)
, on behalf of
, do hereby certify for
(Print name of Grantee)
DEP Agreement No. and Payment Request No. that:
0 The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement.
0 All costs included in the amount requested have been satisfactorily purchased, perfornied, received, and applied toward completing
the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement.
0 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:
All permits and approvals required for the construction, which is underway, have been obtained.
❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits.
❑ 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.S0774, Attachment B-1, Page 2 of 5
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).
TASK/DELIVERABLE 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
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 of the 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
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" 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 approved 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
"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.S0774, Attachment B-1, Page 3 of 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
REQUEST FOR PAYMENT — PART II
REIMBURSEMENT DETAIL
Grantee Name:
Payment Request No.:
DEP Agreement No.:
Vendor Name
Invoice
Number
Invoice Date
Invoice Amount
(1)
Local Share or Other
Funding or Amount
Not Requested (2)
Requested Amount
(3)
Check Number
Task/Deliverable
Number (4)
$
$
$
$
$
$
$
$
$
$
$
$
$
Totals:
DEP Agreement No.S0774, Attachment B-1, Page 4 of 5
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 Task/Deliverable identified under (2).
Submittal Instructions
Instructions for E-mailing:
The program now accepts reimbursement requests electronically, please E-mail to SRF. 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. You should anticipate a response from program staff
within 2 business days,
Remit Payment Request by E-mail to: SRF_Reporting@dep.state.fl.us
Be sure the E-mail payment request includes the following:
Cc: Department's Grant/Project Manager
Subj ect: Proj ect NumberDisbursement Number: example —LP14025_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:
Thomas Montgomery 850-245-2967
Thomas.Montgomery@dep.state.fl.us
DEP Agreement No.S0774, Attachment B, Page 5 of 5
ATTACHMENT E-1
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 organization 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 of OMB 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 of OMB 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 of OMB 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 of OMB 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. S0774, Attachment E-1, 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 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 $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 (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.fLus/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 specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 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
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required
by Section .320 (d), OMB Circular A-133, 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. S0774, Attachment E-1, 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, and 2 CFR
§200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133,
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
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/facweb/
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised, and 2 CFR §200.512.
2. Pursuant to Section .320(f), 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-133, 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. S0774, Attachment E-1, Page 3 of 5
Electronically:
FDEPSingleAudit@dep.state.fl.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 of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEP SingleAudit(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, as revised, and 2 CFR Part 200, Subpart F, 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, 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. S0774, Attachment E-1, 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:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
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
140047
Original
Agreement
General Revenue Trust
Fund, Line Item 1660A
2016-2017
37.039
Statewide Surface Water Restoration
and Wastewater Projects
250,000
140047
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.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 Agreement No. S0774, Attachrnent E-1, Page 5 of 5