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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-1971 Temp. Reso. #10822 October 11, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-�Sn A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A LEGISLATIVE PROJECT GRANT IN THE AMOUNT OF $550,000 FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF WATER FACILITIES FUNDING; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PROJECT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CITY OF TAMARAC FOR GRANT FUNDING IN THE AMOUNT OF $550,000 WITH A CASH MATCH OF $550,000 IN CITY FUNDS, TO PROVIDE RESIDENTS OF TAMARAC WITH STORMWATER PUMP STATION REPLACEMENTS; AMENDING THE EXISTING STORMWATER PUMP STATIONS CAPITAL IMPROVEMENT PROJECT BUDGET OF ESTIMATED REVENUES AND EXPENDITURES IN THE AMOUNT OF $550,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving its stormwater pump stations; and WHEREAS, the Florida Department of Environmental Protection,, through the Bureau of Water Facilities Funding, provides Legislative Project grants to local governments for water projects, and WHEREAS, the City of Tamarac applied to the Florida Department of Environmental Protection for Water Project Funding under Section 403.885 F.S., Temp. Reso. #10822 October 11, 2005 Page 2 formerly House Bill 851 in the amount of $750,000 toward replacement of Tamarac I pump stations and was awarded a $550,000 Legislative Project grant as indicated in the September 12, 2005 correspondence from the Florida Department of Environmental Protection attached hereto as Exhibit A; and WHEREAS, the acceptance of these funds requires the amending of estimated revenues and expenditures within the Stormwater Pump Stations Capital Improvement Project Budget; and WHEREAS, the City is willing to match the $550,000 of grant funding with a one to one cash match of $550,000 in City funds from the existing Stormwater Pump Stations Capital Improvement Project Budget for stormwater pump station replacements; and I WHEREAS, the Assistant City Manager and Director of Public Works recommend acceptance of grant funds and execution of the Legislative Project Grant Agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding for stormwater pump station replacements; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept grant funding for the stormwater pump station replacements and to execute the Florida Department of Environmental Protection Legislative Project Grant Agreement for grant funding in the amount of $550,000 and to provide a cash match of $550,000 in City funds for stormwater pump station replacements to serve the needs of our residents. I Temp. Reso. #10822 October 11, 2005 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the Legislative Project grant award of $550,000 from the Florida Department of Environmental Protection, Bureau of Facilities Funding. SECTION 3: The appropriate City Officials are HEREBY authorized to execute the Legislative Project Grant Agreement following legal review (hereto attached as Exhibit B) between the City of Tamarac and the Florida Department of Environmental Protection for grant funding in the amount of $550,000 with a cash match of $550,000 in City funds to provide for stormwater pump station replacements. SECTION 4: The appropriate City Officials are HEREBY authorized to amend the existing Stormwater Pump Stations Capital Improvement Project Budget in the amount of $550,000 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. SECTION 5: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. I SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part Temp. Reso. #10822 October 11, 2005 Page 4 or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 11 th day of QC.fVb C,( , 2005. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. JOE SCHREIB R MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 1 1 1 Jeb Bush Governor Department of Environmental Protection September, 12 2005 Michael Gresek Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Special Projects Coordinator City of Tamarac 7525 North West 881h Avenue Tamarac, Florida 33321 Re: LP6103 — City of Tamarac Tamarac Stormwater Pump Station Replacements Dear Mr. Gresek: Exhibit A Colleen M. Castille Secretary Enclosed are two original copies of the proposed Legislative Project grant agreement for your wastewater improvement project. Please have the City Manager sign on page 6 of the enclosed two copies. Return both copies to us at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399- 2400. We will arrange for the Division Director to sign the agreements and mail a fully executed copy to you. If you have any questions about the agreement, please call David Courson at 850/245-8358. Sincere14 Z.1WgZ,rryhill, P.E., Chief Bureau of Water Facilities Funding DWB/dc Enclosures cc: Jefferey Miller — City of Tamarac Jack Strain — City of Tamarac "More Protection, L��S's process" Printed on recycled paper, STATE FINANCIAL ASSISTANCE AGREEMENT CITY OF TAMARAC DEP AGREEMENT NO. LP6103 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1717A OF THE 2005 - 2006 APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and the CITY OF TAMARAC, whose address is 7525 th North West 88 Avenue, Tamarack, Florida 33321 (hereinafter referred to as "Grantee" or "Recipient"), existing as a. local government agency under the laws of the State of Florida, to provide funds for Tamarac Stormwater Pump Station Replacements. In consideration of the mutual benefits to be derived herefrorn, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the ternis "Grantee", "Recipient" and "Contractor" are used interchangeably, 2. This Agreement shall begin upon execution by both parties and end no later than December 31, 2006. This Agreement may be amended to provide for additional services if additional fimding is made available by the Legislature. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $550,000 toward the total project cost estimate of S4,832,000. The parties hereto agree that the Grantee is responsible for providing a minimum match. of 50% toward the project described in Attachnient A. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the fimding identified above. B, The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Disbursement Request Package (provided as Attachment B). In addition to the disbursement form, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement, The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with travel limits established in Section 112.06 1, Florida Statutes. Payment requests shall be submitted no more frequently than monthly. The Payment Request Package includes: (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager, Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. If payment is based on an authorized advance for incurred costs, invoices reflecting such costs must be included. After receipt of advance funds the Grantee shall provide proof of payment to the Department within 30 days receipt of advance flinds. If payment is based on reimbursement, proof of payment of the invoices is required; and (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds received to date have been applied toward completing the Project; and that under the terms DEP Agreement No. LP6103, Page 1 of 6 and provisions of the contracts, the Local Government is required to make such payments; and (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit; and (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. C. In addition to the invoicing requirements contained in paragraph 3.13. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at hM://www.dbf.state.fl.us/aadir/reference guide, 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The par -ties hereto understand that this Agreement is not a commitment of future appropriations. Progress Reports (Attachment Q shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period, If advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 above and Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 15). Progress reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar quarters ending March 3 1, June 30, September 30 and December 3 1. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign 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. 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 con unction i with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(l), Florida Statutes. DEP Agreement No. LP6103, Page 2 of 6 A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit I to Attachment D surrimarizes the funding sources supporting the Agreement for pin -poses of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a flanding 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 die updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit I when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB CircillarA-133, Subpart B, Section .210 for detennining whether the relationship represents that of a subTecipient or vendor, For —state financial assistance, the Grantee shall utilize the form. entitled "Checklist for Nonstate Organizations RecipientiSubrecipient vs Vendor Determination" (form number FSAA—CL2) that can be found under the "Links/Forms" section. appearing at the following website: http:i'/www.fsaa.state.fl.us/ The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 10. A. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Departmenfs Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 12. The Grantee shall comply with all applicable federal, state and local rules an d regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations, The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 13. The Department's Grant Manager for this Agreement is identified below. Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee' Florida 32399-2400 Phone: 850-245-8358 Fax: 850-245-8411 Email: thomas.e.williams*dep.state.fl.us 14. The Grantee's Grant Manager for this Agreement is identified below. Michael Gresek, Special Projects Coordinator. DEP Agreement No. LP6103, Page 3 of 6 City of Tamarac 7525 North West 88"' Avenue Tamarac, Florida 33321 Phone: 954-718-3051 Fax: 954-724-2454 Email: michaelgrCiijamarae.org 15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion, The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced ftinds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the Rinds. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form (Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting requirements established in paragraphs 3 and 5. 16. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department... agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 19. The purchase of non -expendable equipment costing $ 1,000 or more is not authorized under the terms of this Agreement. 20. The Department may at any time, by written order designated to be a change Order, make any change in the Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within current authorized agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. DEP Agreement No. LP6103, Page 4 of 6 21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 22. Land acquisition is not authorized under the terms of this Agreement. 23. This Agreement represents the entire agreement of the parties, Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6103, Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF TAMARAC City Mager 47 51 s to form: / th 110!�' Cit�y At FEID No.: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION -0 Secretary or designee Date: Grant Manager *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental. board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Description (include number of pages) Proiect Work Plan (I Paae Disbursement Request Package (3 Pages) Progress Report Form (2 Pages) Special Audit Requirements (5 Pages) Advance Payme — Interest Earned Mernorandurn (I Page) Advance Payment Justification Form (3 Pages) DEP Agreement No. LP6103, Page 6 of 6 ATTACHMENT A PROJECT WORK PLAN Please complete thisform with as much detail aspossible 1. GRANTEEIPROJFCT TNFORMATION: Grantee: CITY OF TAMARAC Project Title: Tamarac Stormwater Pump Station Replacement DEP Grant #: LP6103 - City of Tamarac 11. FUNDING PLAN: Category of Expenditure FY05/06 PROJECT _DEP Funds BUDGET Total Matching Funds To!!LfHRqjRg_ Professional Services Construction & Demolition $550,000 $550,000 $1,100,000 Land Equipment Other (Specify) I What is the total estimated project cost? 1 $4,832,000 HI. SCOPE OF WORK: (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, quarterly cash needs, etc.) The City of Tamarac is replacing all three of its stormwater pump stations: West, Central and East. The stations are approximately 30 years old. The West and Central stations are scheduled for completion by October 2005. The scope of work for this grant is East station. The Notice to Proceed will be issued in August 2005, with scheduled completion by May 2006, The existing East pump station is to be demolished and rebuilt at the same site. The work includes two new 36" vertical -style axial flow propeller pumps, a 100% emergency backup generator, new discharge pipes, etc. TV. PROJECT MILESTONES: (i.e. tiniclines, contracts, if funded in prior year(s) where is the project now) If the scope of work includes construction: Estimated Construction start date: Estimated scope ofwork completion date: If the scope is only for preconstruction work: Estimated scope of work completion date: V. LOCAL NIATCH & OTHER GRANT FUNDS: 9/2005 4,4� /�% —;5f_0(0 If local match is required, list the sources and amounts. Also list the sources and amounts for any other grant funds being used to fund this project. SOURCE AMOT�T($) Stormwater Capital Jrnprovement Fund $550,000 ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants 1. Grantee/Recipient --City of Tamarac 2. Project Number LP6103 Date of Request 3. Disbursement Request Number Required Match % 4. Type of Request: Partial El —Final E] 5. Federal Employer Identification Number 6. Mail El EFT El Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) I . Planning (attach invoices) $ 2. Engineering (attach invoices) 3. Construction and Demolition (attach invoices) 4. Technical Services during Construction (attach invoices) 5. Other (list - must be specified in agreement) 6. Total cumulative to date $ 7. Disbursements previously requested $( 8. Amount requested for disbursement (line 6 minus line 7) $ Requests for Invoices already Paid: Requests for Invoices Dot yet Paid: 1) Copy of Invoice 1) Copy of Invoice 2) Proof of Payment 2) Advance Payment Justification (one per quarter) 3) Advance Payment — Interest Earned (after initial advance) *If prior Disbursement Request was requested by Invoices without proof of payment documentation, proof of the prior payment will be required before this request can be disbursed. ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. LP6103, Attachment B, Page 1 of 3 Grant Manager's Certification of Disbursement Request (name of Grantee's Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of Grantee/Recipient) I . The disbursement amount requested on Page I of this form is for allowable costs for the project described in the Agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records. 3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project, and the Grantee is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP6103, Attachment B, Page 2 of 3 Engineer's Certification of Disbursement Request being the Professional Engineer retained by (name of Professional Engineer) am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Rule 62-600 or Rule 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department pen -nit) have been identified in writing to the Department or are identified and attached hereto. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) DEP Agreement No. LP6103, Attachment B, Page 3 of 3 ATTACHMENT C PROGRESS REPORT FORM DEP Agreement No.: LP6103 Grantee Name: City of Tamarac Grantee Address: Grantee's Grant Manager: Telephone :N:o:.=- Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. LP6103, Attacbment C, Page I of 2 (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Provide a project Budget Category udget update, comparing Total Project Budget the project udget to actual costs to date. Expenditures Prior to this Expenditures Reporting this Reporting Project Funding Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP6103 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. LP6103, Attachment C, Page 2 of 2 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", 7DEP" or "Grantor", or other name in the contractlagreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contractlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be 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 ftu-ther agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A- 133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall falfill 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 ftom 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.htmi. PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1 In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive DEP Agreement No. LP6103, Attachment D, Page I of 5 Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements, In connection with the audit requirements addressed in Part 11, 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)(d), 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 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 hqp://state.fl.us/fsaa/catalog- or the Governor's Office of Policy and Budget website located at h!W://www.myflorida.comLmyflorida/p,ovemment/contacts/gpbOffice.htiil for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website b=://www.leF,.state.fl.us/, Governor's Website hitp://www.m)�florida.com/, Department of Financial Services' Website httl)://www.dbf.state.fl,us/ and the Auditor General's Website hq://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(7)(m), Florida Statutes, State agencies may conduct or arrangefor audits ofStatefinancial 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 arrangeforfunding thefull cost ofsuch additional audits) PART IV: REPORT SUBMISSION 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 directl to each of the following: A. The Department of Envirom-nental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A- 133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census DEP Agreement No. LP6103, Attachment D, Page 2 of 5 1201 East 10th Street Jeffersonville, IN 47132 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 the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directl to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40 1, 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 subrnitted by or on behalf of the recipient direct] to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 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 fot-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LP6103, Attachment D, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6103, Attachment D, Page 4 of 5 0 4v4 O � ° m c�. U d O d 'O P�4 c o as W O O U Fi N m Q � o .� w � U z a a a� w F. "G "O d ry .Q 3 ^d q ai w ATTACHMENT E ADVANCE PAYMENT — INTEREST EARNED MEMORANDUM WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST FROM: Darinda McLaughlin, Finance and Accounting Director Bureau of Finance and Accounting, MS 78 DATE: SUBJECT: Advance Payment - Contract No. Interest Due to DEP: Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due, advance approval of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for out records no later than Initial advance funding disbursed $ 1 . Advanced ftmds principle expended or returned by contractor covering period of to $ 2. Balance advance funding principle available $ 3. Interest earned on advanced ftinds covering period of to $ 4. Amount of interest paid to DEP as of $ 5. Interest balance due to DEP as of $ (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest, which is based upon a grant/contract advance payment(s), will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items I and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines I and 2. In all cases the line I and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables, payables, or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete iterris I through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. LP6103, Attachment E, Page I of I ATTACHMENT F ADVANCE PAYMENT JUSTIFICATON FORM Use of this form is not required unless the advance requested requires the prior approval of the Comptroller. For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215,422(14), Florida Statutes that allows the advance to be made without prior Comptroller approval. Name/Address of the Vendor/Recipient: Contact Person/Phone -No-, Agreement No./Purchase Order No. (if known): LP06103 Commoclities/Services/Project Description; Organizational Structure (i.e. local-qqy't,- non-profit corporation, etc.) Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: El 90 days startup E1--Qu rterly El Full Contract Period El Other (specify): Indicate Statutory Authority: El 215.422, F.S El 216.181, F.S. GAA Year and Line item Info: S FY: Line item: 1. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422, Florida Statues - (and the Comptroller's voucher Processing Handbook) which exceed the purchasing threshold of category two as defined in 287.017, Florida Statues. A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent (0/6) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the Department of Insurance, Division of Treasury at 850/413-2776 or SunCom 293-2776 regarding the current Treasury earnings rate. B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP 55-222 (03-02) DEP Agreement No. LP6103, Attachment F F.TJ 0 M6111 I*, MLJ I V, 2 IW9 C. identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non -Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Appropriation Categories 05XXXX or 14XXXX) A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315-3070 B. A letter requesting advance payment from the recipient, on its letterhead, must be attached. DEP 55-222 (03-02) DEP Agreement No. LP6103, Attaclanent F ATTACHMENT F 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Third Quarter Fourth Quarter. Quarter Salaries (identify person nel/titles) Fringe Benefits Contractual Services (list services and estimated costs) Equipment (identify each item and cost) Supplies Travel Other (specify) Overhead/Indirect Tota I - Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or desig_nee DEP Program Area 3fy Lew Approval L Recommendation: Approve Request El Deny Request By: Type Name of Signatory: Date Title: Bureau: Division: The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review -and legislature consultationn a ropriate. Bureau of Finance & Accounting Use Only DEP 55-222 (03-02) DEP Agreement No. LP6103, Attachment F S- 177 CITY OF TAMARAC INTEROFFICE MEMORANDUM CITY MANAGER'S OFFICE TO:. Jack Strain, Director of Public DATE: 18 JULY 2006 Works Steven Chapman, 11, Director of Financial Services FROM: Diane Philli Recommendation: DEP Stormwater Grant Forward the attached addendum for execution by the Department of Environmental Protection (DEP) along with paid invoices as appropriate and forward one original of the document upon execution to the City Clerk. Review the revised attachment D-1 Special Audit Requirements. Issue: The City has been awarded an additional $750,000 by DEP for replacement of the Stormwater Pump Stations and an addendum to the original agreement is required for receipt of funds. Background: The received a $550,000 appropriation from DEP for replacement of the City's Stormwater Pump Stations during the FY05 legislative session, and applied for consideration of an additional $850,000 in expenses during the FY06 session. The City has been granted an additional $750,000 bringing the total received from DEP for this project to $1.4 million, The addendum to the original agreement which is also attached reflects the total amount allocated towards the project and minor revisions to the attachment D-1. Cc; Marion Swenson, City Clerk (w/attachments) Michael Gresek, Special Projects Coordinator Rick Spenser, Accounting and Revenue Specialist 3 TJ Fil - 10 k's "- I as 3 Q Mere "-1 IF-5-1a Kv 9WIN WEN" J, DI Did I D10 I AMENDMENT I TO GRANT ASSISTANCE AGREEMENT LP6103 CITY OF TAMARAC PURSUANT TO LINE ITEM 1821 OF THE 2006 - 2007 GENERAL APPROPRIATIONS ACT THIS AGREEMENT as entered into October 25, 2005 between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP") and the city (hereinafter referred to as "Grantee" or "Recipient") is hereby amended. WHEREAS, paragraph 2 allows for the inclusion of additional services if additional funding is made available; and, WHEREAS, the Department desires to add funds to the Agreement; WHEREAS, the maximum compensation amount of the Agreement will be increased by $750,000 to provide funding for the second service period; and, WHEREAS, other changes to the Agreement are necessary. NOW THEREFORE, the parties hereto agree as follows: 1. Paragraph 2 of the Agreement reflects the completion date of December 31, 2006. 2. Paragraph 3A is hereby revised to increase the maximum compensation amount of the Agreement from $550,000 to $1,300,000 (an increase of $750,000). The parties hereto agree that the Grantee is responsible for providing an additional match of $750,000 for a total match amount of $1,300,000 toward the project described in Attachment A. 3. Paragraph 9 is hereby revised to change the website listed to https://qpps.fldfs.com/fsaa. 4. Attachment A, Project Work Plan is hereby deleted in its entirety and replaced with Attachment A-1, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-1, Revised Project Work Plan. 5. Attachment D, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment D-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment D shall hereinafter refer to Attachment D-1, Revised Special Audit Requirements. In all other respects, the Agreement of which this is an Amendment and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6103, Amendment 1, Page I of 2 IN WITNESS WHEREOF, the parties have caused this Amendment to be duty executed the day and year last written below by the Director of the Department. GRANTEE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION �7;�� /47' By:— 4. 1(64� By: City 14u/nag"er Date: Attachments/Exhibits included as part of this Amendment: Director Date: Grant Manager Specify Letter/ Type Number Description (including number of pages) Attachment A-1 Revised Project Work Plan - (I Page) Attachment D-i Revised Special Audit Requirements (51'ages) DEP Agreement No. LP6103, Amendment 1, Page 2 of 2 ATTACHMENT A -I PROJECT WORK PLAN Please complete thisform with as much detail as possible GRANTEEIPROJECT INFORMATION: Grantee: CITY OF TAMARAC Project Title: Tamarac Stormwater Pump Station Replacement DEP Grant #: LP6103/1 — City of Tamarac 11. FUNDING PLAN: Category of Expenditure 2006-2007 LP Grant Funds Provided 2006-2007 Match Required Total 2006-2007 Funding Professional Services Construction & Demolition $750,000 $750,000 $1,500.000 Land Equipment Other (Specify) Total $4,832-000 Ift. SCOPE OF WORK- (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, quarterly cash needs, etc.)The City of Tamarac is replacing all three of its stormwater pump stations: Wes, Central and East. The stations are approximately 30 years old. The West and Central stations were completed in October 2005. The scope of work for this grant is East station. The Notice to Proceed was issued August 2005, with scheduled completion by September 2006. The existing East pump station is to be demolished and rebuilt at the same site, The work includes two new 36" vertical -style axial flow propeller pumps, a 100% emergency back-up generator, new discharge pipes, etc. IV. PROJECT MILESTONES: (i.e. timelines, contracts, if funded in prior year(s) where is the project now) If the scope of work includes construction: Estimated Construction start date; 9/2005 Estimated scope of work completion date: Tao�e6 If the scope is only for preconstruction work: Estimated scope of work completion date: V. LOCAL MATCH & OTHER GRANT FUNDS - List the sources and amounts for all funds being used to fund this project. SOURCE AMOUNT($) Stormwater Capital Improvement Fund $750,000 ATTACHMENT D-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 contractlagreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contractlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. 10,1610 00 *11100 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 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 I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received ftom the Department of Environmental Protection. The deten-nination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph I., the recipient shall fulfill the requirements relative to auditce responsibilities as provided in Subpart C of OMB Circular A-1 33, 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- 13 3, 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 inforination regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.htmi. PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. I . In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. DEP Agreement No. LP6103, Attachment D, Page I of 5 2. In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hqps://apps.fldfs.com/fsaa/ or the Governor's Office of Policy and Budget website located at http://www.ebudget.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website h=://www.leg.state.fl,us/Welcorne/index.etm Governor's Website b=://www.myflorida.co , Department of Financial Services' Website ht!p://www.fldfs.com/ and the Auditor General's Website hqp://www.state.fl.us/audgen/pages/flsaa.ht . 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 arrangefor audits of Statefinancial 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 arrangeforfunding thefill cost ofsuch additional audits.) PART IV: REPORT SUBMISSION 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 directl to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, NIS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 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 Envirom-nental Protection the following address: DEP Agreement No. LP6103, Attachment D, Page 2 of 5 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directl to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B� The Auditor General's Office at the following address: State of Florida Auditor General Room 40 1, Claude Pepper Building I I I 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 directl to the Department of Environmental Protection at the following address: Audit Director Florida Department of Envirom-nental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10-550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A- 133, or Chapters 10-550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LP6103, Attachment D, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6103, Attachment D, Page 4 of 5 1.0 C O T N •� O � o � �U sa. Q C O O Q 'C w C E-� o p o w w U G r. 4. O .y C O U G G m Q � v � O C 0 h A, U N a a� d 'd w b �a 3 Q PC q L 'O Gz. Sw O U •� O ¢U Q L O C O L a, w as b LTm L. 4. V O �TI q ci A Q •� Ca U G w 0 b+ q O U n E v w Q Q � O q 0 e6 d � 0; d ti V v � w b 3 Q eC G O v • � b �p � v v ion* Q C r� G q CDCD b] d d G%+ 41) Ln w cq ui q O V C/1 0 O O O G 4 U U 6] N � rn ❑ E'" y O w a�i v' yy� N a� v' id y C 6TO Q [n a O Q tC as v 3 ern 3v� 3 o 72 � w° W 33 �3 �y o $ O a O U O\ E ro o ap Q aj N R7 6 ^ U p O ON LN N at c w w EW � q 0 0 y O y b o w Pi T Or. b a� 0 oo co cl