HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-138u
Temp. Reso. #13043
November 28, 2017
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017- 13 Z
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA APPROVING THE TAMARAC VILLAGE
INFRASTRUCTURE INTERLOCAL FUNDING AGREEMENT
(DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT
AGREEMENT) BETWEEN THE TAMARAC VILLAGE COMMUNITY
DEVELOPMENT DISTRICT AND THE CITY OF TAMARAC;
AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL
FUNDING AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission approved Resolution No. R-2013-77
establishing the Tamarac Land Trust for the property owned by the City of Tamarac
along 57th Street between 94th Avenue and Pine Island Road; and
WHEREAS, the City of Tamarac City transferred ownership of property to the
Tamarac Land Trust in August 2013 and again in November 2013 (for the bank
building); and
WHEREAS, the City of Tamarac is the sole beneficiary of the land held in trust by
the Tamarac Land Trust; and
WHEREAS, the City of Tamarac, through Ordinance No. 0-2012-1 on February
26, 2014, created the Tamarac Village Community Development District; and
WHEREAS, the City of Tamarac is the beneficiary of the Tamarac Village Land
Trust, which owns and controls that certain land located with the Tamarac Village
Community Development District; and
WHEREAS, Resolution R-2015-08 authorized the City to accept a grant award
from the Florida Department of Environmental Protection (FDEP) in the amount of
c
Temp. Reso. #13043
November 28, 2017
Page 2 of 4
$300,000 for stormwater infrastructure at the NW 57th street project known as Tamarac
Village which is on file in the City Clerk's office; and
WHEREAS, FDEP approved DEP Agreement No. S0736 on February 10, 2015
in the amount of $300,000; and
WHEREAS, FDEP approved Amendment 1 to the Grant Agreement on
November 30, 2016 extending the time to complete the grant requirements to March 10,
2018; and
WHEREAS, FDEP approved Amendment 2 to the Grant Agreement on
November 27, 2017 extending the time to complete the grant requirements to
September 30, 2019; and
WHEREAS, the Tamarac Village Land Trust entered into a Ground Lease
Agreement with JKM Tamarac Village, LLC on October 15, 2015 ("Ground Lease"),
which agreement is on file with the City Clerk's office, to develop Tamarac Village; and
WHEREAS, the Ground Lease provides for the Tenant to enter into a
construction agreement for infrastructure improvements; and
WHEREAS, The Tamarac Village Community Development District has
approved the Tamarac Village Infrastructure Interlocal Funding Agreement (Department
of Environmental Protection Grant Agreement) on November 13, 2017; and
WHEREAS, the City of Tamarac is agreeable to enter into this Tamarac Village
Infrastructure Interlocal Funding Agreement (Department of Environmental Protection
Grant Agreement) attached hereto as Exhibit 1.
E
2
!1
Temp. Reso. #13043
November 28, 2017
Page 3 of 4
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 incorporated herein by this reference. All
exhibits attached hereto are incorporated herein and made a specific part of this
resolution.
Section 2: The appropriate City Officials hereby approves, and the Mayor is
hereby authorized to execute the Tamarac Village Infrastructure Interlocal Funding
Agreement (Department of Environmental Protection Grant Agreement) between the
City of Tamarac and the Tamarac Village Community Development Agreement,
attached hereto as Exhibit 1.
Section 3: All resolutions inconsistent or in conflict herewith shall be and are
hereby repealed insofar as there is conflict or inconsistency.
Section 4: If any section, sentence, clause, or phrase of this resolution is held to
be invalid or unconstitutional by any court of competent jurisdiction, then such holding
shall in no way affect the validity of the remaining portions of this resolution.
Section 5: This resolution shall become effective upon its passage and adoption
by the City Commission.
The remainder of this page is intentionally left blank.
3
Temp. Reso. #13043
November 28, 2017
Page 4 of 4
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS.,.; DAY OF bO-et-�, 2017.
ATTEST:
PATRICIA TE FE MC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
rk.SAM EL S. GOREN
CITY ATTORNEY
CITY OF TAMARAC FLORIDA
— y/0
HA Y DRESSLER, MAYOR
MAYOR DRESSLER
DIST 1:
COMM. BOLTON
DIST 2:
V/M. GOMEZ
DIST 3:
COMM. FISHMAN
DIST 4:
COMM. PLACKO
4
1
TAMARAC VILLAGE INFRASTRUCTURE
INTERLOCAL FUNDING AGREEMENT
(Department of Environmental Protection Grant Agreement)
This Agreement is made and entered into this Aay of 2017
(the Effective Date"), by and between:
TAMARAC VILLAGE COMMUNITY DEVELOPMENT
DISTRICT, a local unit of special purpose government established
pursuant to Chapter 190, Florida Statutes, being situated in the City of
Tamarac, Florida, and whose mailing address is c/o Governmental
Management Services, 5385 N. Nob Hill Road, Sunrise, Florida 33351
(the "District"); and
CITY OF TAMARAC, a municipal corporation of the State of
Florida, with an address at 7525 NW 88th Avenue, Tamarac, Florida
33321 (the "City")
WITNESSETH:
WHEREAS, the City is the beneficiary of the Tamarac Land Trust, which owns or
controls that certain land located within the District and described in Exhibit "A"
attached hereto (the "Property"), which is proposed to be developed as a mixed use
community known as 'Tamarac Village"; and
WHEREAS, the District, pursuant to the responsibilities and authorities vested in it by
Chapter 190, Florida Statutes, desires to proceed with the discharge of its duties, including but
not limited to the construction of public infrastructure improvements associated with NW 57th
Street, in the City of Tamarac, including certain water distribution and sanitary sewer collection
and transmission systems and facilities, a stormwater management system, roadway and related
improvements, all as such services, facilities, and improvements are more specifically described
in the plans and specifications (collectively referred to hereafter as the "Improvements"); and
WHEREAS, the City recognizes that in the District's discharging of said duties and
responsibilities, certain benefits will accrue to the Property; and
WHEREAS, the City entered into a Grant Agreement with the Florida Department of
Environmental Protection for the purpose of funding public infrastructure improvements
associated with the improvement of NW 57t' Street within the City of Tamarac, as more fully
described herein, (the "DEP Agreement"); and
WHEREAS, the City and District desire to enter into this Funding Agreement to
provide for the City to fund a portion of the cost for the construction of the Improvements; and
WHEREAS, the City agrees and acknowledges that this Agreement shall be binding
(00202635.2 2704-0501640)
upon its successors and assigns.
NOW, THEREFORE, based upon good and valuable consideration and the- mutual
covenants of the parties hereinafter recited, the receipt and sufficiency of which is hereby
acknowledged, the District and the City agree as follows:
1. The recitals stated above are true and correct and by this reference are incorporated by
reference as a material part of this Agreement.
2. The City has entered into a funding agreement with Broward County, more fully
described as follows:
Florida Department of Environmental Protection Grant Agreement for the
City of Tamarac NW 57th Street Stormwater Project, DEP Grant
Agreement No. S0736, a copy of which is attached hereto as Exhibit "B",
and incorporated herein by reference (the "DEP Agreement");
3. The CDD has prepared the design for and construction drawings for the Tamarac
Village Infrastructure Projects (the "Infrastructure Projects"). The City agrees to pay the CDD
an amount not to exceed Three Hundred Thousand and 00/100 Dollars ($300,000.00), for the
costs of constructing the Infrastructure Projects with funds provided pursuant to the DEP
Agreement.
4. The CDD shall provide the City with all necessary documents evidencing the provision
of materials and the completion of all construction services associated with the Improvements,
including invoices, inspection reports, change orders, and related documentation. Upon receipt
of all necessary documentation as may be required by City, the City shall process and pay the
CDD as provided in the invoices, in conformance with the City's payment policies and
procedures, as well as the DEP Agreement. The CDD agrees to promptly provide the City with
all requested documentation in order to permit the City to pay the invoices provided by the
CDD to the City. Once the CDD issues payment, the CDD shall provide the City with proof of
payment so that the City may then seek reimbursement of the CDD's expenditures pursuant to
the DEP Agreement.
5. The term of this Agreement shall commence upon execution by both parties and
continue up through September 30, 2019. The CDD shall complete all work associated with the
Improvements no later than September 30, 2019. The City may terminate this Agreement for
cause if the CDD fails to substantially to perform through no fault of the City, and does not
commence correction of such nonperformance within ten (10) days of written notice, and
diligently complete the correction thereafter.
6. PUBLIC RECORDS. City and District are public agencies subject to Chapter 119, Fla.
Stat. Both the City and the District shall comply with all public records laws in accordance with
Chapter 119, Fla. Stat. In accordance with state law, each party agrees to:
A. Keep and maintain all records that ordinarily and necessarily would be required
(00202635.2 2704-05016401
pursuant to Chapter 119, Florida Statutes.
B. Provide the public with access to public records on the same terms and
conditions that the City would provide for the records and at a cost that does not
exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by
law.
C. Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the
City all records in possession of the District at the termination of the contract
and destroy any public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the information
technology systems of the City. All records shall be transferred to the City prior
to final payment being made to the District.
E. If District does not comply with this section, the City shall enforce the contract
provisions in accordance with the contract and may unilaterally cancel this
contract in accordance with state law.
IF DISTRICT OR CITY TAMARAC HAS
QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO
CITY'S OR DISTRICT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE APPLICABLE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
7. ENTIRE AGREEMENT. This Agreement and its accompanying Exhibits set forth the
entire Agreement with respect to the subject matter hereof and supersedes all prior agreements,
oral or written, and all other communications between the parties relating to such subject
matter. This Agreement may not be amended or modified except by mutual written agreement.
All continuing covenants, duties and obligations herein shall survive the expiration or earlier
termination of this Agreement.
8. SEVERABILITY. If any provision of this Agreement is held to be invalid or
unenforceable for any reason, this Agreement shall remain in full force and effect in
accordance with its terms disregarding such unenforceable or invalid provision.
(00202635.2 2704-0501640)
9. CAPTIONS. The captions contained herein are used solely for convenience and shall
not be deemed to define or limit the provisions of this Agreement.
10. NO WAIVER. Any failure of a party to enforce that party's right under any provision
of this Agreement shall not be construed or act as a waiver of said party's subsequent right to
enforce any of the provisions contained herein.
11. GOVERNING LAW. This Agreement shall be governed and construed in accordance
with the laws of the State of Florida.
12. VENUE. Venue shall be in Broward County, Florida in the event of litigation between
the parties arising out of or relating to this Agreement.
13. ASSIGNMENT; BINDING EFFECT. Neither District nor City may assign or transfer
any of its rights, duties or obligations under this Agreement, in whole or in part, except by
written consent of the other party.
14. NOTICES. All notices hereunder by either parry to the other shall be in writing,
delivered personally, by certified or registered mail, return receipt requested, or by overnight
courier, and shall be deemed to have been duly given when delivered personally or when
received by United States mail, postage prepaid, addressed as follows:
If to District: Michael C. Cernech, Director
c/o Governmental Management Services
5385 N. Nob Hill Road
Sunrise, Florida 33351
Copy to: Dennis Lyles, Esq.
515 East Las Olas Boulevard
Fort Lauderdale, FL 33301
CITY: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88 Ave
Tamarac, FL 33321
With a copy to: Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
or to such other persons or places as either party may from time to time designate -by
written notice to the other.
15. EXECUTION OF AGREEMENT. This Agreement shall not become effective or in
(00202635.2 2704-05016401
force until all of the below named parties have fully executed this Agreement.
16. AUTHORITY TO EXECUTE. The persons signing this Agreement below represent
and warrant that they have full authority to execute this Agreement on behalf of the party for
whom he/she is signing and to bind such party with respect to all provisions contained in this
Agreement.
17. This Agreement, or any monies to become due hereunder, may be assigned, provided
that the assigning party first obtains the prior written consent of the other party, which consent
shall not unreasonably be withheld.
18. The rights and obligations created by this Agreement shall be binding upon and inure to
the benefit of City and District, their heirs, executors, receivers, trustees, successors and
assigns.
19. Whenever used the singular number shall include the plural, the plural the singular;
the use of any gender shall include all genders, as the context requires; and the disjunctive
shall be construed as the conjunctive, the conjunctive as the disjunctive, as the context
requires.
20. This Agreement may be executed in any number of counterparts, each of which when
executed and delivered shall be an original; however, all such counterparts together shall
constitute, but one and the same instrument. Signature and acknowledgment pages, if any, may
be executed by facsimile, which shall be good as an original, and may be detached from
the counterparts and attached to a single copy of this document to physically form one
document.
IN WITNESS WHEREOF, the parties hereto execute this Agreement and further
agree that it shall take effect as of the Effective Date first above written.
ATTEST:
TAMARAC VILLAGE COMMUNITY
DEVELOPMENT DISTRICT
Print Name:
Title: AAL�Lhec rC y-
Date: ) ( "' �j , 2017
CITY OF TAMARAC, a Florida
municipal corporation
{00202635.2 2704-05016401
Y RESSLER, MAYOR
ATTEST:
\,►,A•A RA C
TEUFEL T CLERK '
;D AAlm
�
S. G6KEN, CITY AT FQ1Ep�� �3
• E
r RDillill
100202635.2 2704-0501640)
EXHIBIT A
Land
494108 02 0080
Lot 8, together with a portion of Lots 6 and 7, Block 9, LYONS COMMERCIAL
SUBDIVISION UNIT NO. 2, according to the Plat thereof as recorded in Plat Book 69, Page 43,
Public Records of Broward County, Florida, being fully described as follows:
Beginning at the Northwest corner of said Lot 8; thence South 88°59'06" East, along the North
line of said Lot 8, a distance of 100.00 feet to the Northwest comer of said Lot 7; thence
continue South 88°59'06" East, a distance of 96.28 feet, the last three calls being coincident with
the South right-of-way line of N.W. 57th Street; thence. South 00'01'37" East, a distance of
200.73 feet to the Point of Intersection with the East line of the aforesaid Lot 7; thence continue
South 00'01'37" East, a distance of 92.28 feet, to a point on the North right-of-way line of N.W.
56th Street (West Commercial Boulevard); thence North 88°59'06" West, a distance of 1.61 feet
to the Point of Intersection with the East property line of the aforesaid Lot 7; thence continue
North 88°59'06" West, a distance of 100.00 feet to the Point of Intersection with the West
property line of the aforesaid Lot 7; thence continue North 88°59'06" West a distance of 100.00
feet to the Point of Intersection with the West property line of the aforesaid Lot 8, the last three
calls being coincident with the North right-of-way line of N.W, 56th Street (West Commercial
Boulevard); thence North 01 °00"54" East, along the West line of the aforesaid Lot 8, a distance
of 292.96 feet, to the Point of Beginning.
Subject to the Official Records Book 32920, Page 120, Public Records of Broward County,
Florida.
Said lands situate, lying and being in Broward County, Florida.
Said lands contain 52,284 square feet (1.338 acres), more or less.
494108 02 0120; 494108 02 0130; 494108 02 0140; 494108 02 0150; 494108 02 0160
494108 02 0170; 494108 02 0180; 494108 02 0190
Lots 2, 3, 4, 5, 6, 7, 8, and 9, Block 10 of Lyons Commercial Subdivision, Unit 2, according to
the Plat thereof, as recorded in Plat Book 69, Page 43, of the Public Records of Broward County,
Florida; LESS the South 7 feet thereof.
494108 03 0060
9099 NW 57th Street, Tamarac, FL
Lot 1, Block 3, Lyons Industrial Park, according to the Plat thereof as recorded in Plat Book 71,
Page 1 B, of the Public Records of Broward County.
494108 02 0090; 494108 02 0100; 494108 02 0110
Lot 9, less the South 7 feet thereof, Block 9, of Lyons Commercial Subdivision Unit No. 2, in
Section 8, Township 49 South, Range 41 East, according to the Plat thereof, as recorded in Plat
Book 69, Page 43, of the Public Records of Broward County.
AND
Lot 10 of Block 9 in Lyons Commercial Subdivision Unit No. 2, according to the Plat thereof
recorded in Plat Book 69, Page 43 of the Public Records of Broward County, Florida; Less and
Except;
The South seven (7.0') feet of Lot 10, Block 9, according to the Plat of Lyons Commercial
Subdivision Unit No. 2, as recorded in Plat Book 60, Page 43, of the Public records of Broward
county, Florida; and, that portion of said Lot 10, lying Southwesterly of the chord based on a
25.00 foot radius, the arc of which is concave to the Northeast and falls tangent to the West line
of said lot 10 and tangent to a line seven (7.0') feet North of and parallel with the South line of
said Lot 10.
AND
Lot One (1), Block Ten (10), Lyons Commercial Subdivision Unit No. 2, according to the Plat
thereof recorded in Plat Book 69, Page 43, of the Public Records of Broward County, Florida;
LESS the South 7.0 feet of Lot 1, Block 10, according to the Plat of Lyons Commercial
Subdivision Unit No. 2, as recorded in Plat Book 69, Page 43, of the Public Records of Broward
County, Florida, and ALSO LESS that portion of said Lot 1, lying Southeasterly of the chord
based on a 25.0 foot radius, the arc of which is concave to the Northwest and falls tangent to the
East line of said Lot 1, and tangent to a line seven (7') feet North of and parallel with the South
line of said Lot 1.
494108 03 0150; 494108 03 0160; 494108 03 0200
Lots 6 through 12, inclusive, Block 4, Lyons Industrial Park, according to the Plat thereof as
recorded in Plat Book 71, Page 1, of the Public Records of Broward County, Florida.
494108 02 0200
Lot 10, Block 10, LYONS COMMERCIAL SUBDIVISION UNIT No. 2, according to the plat
thereof, as recorded in Plat Book 69, at Page 43, of the Public Records of Broward County,
Florida.
LESS AND EXCEPT That part conveyed to Broward County, a political subdivision of the State
of Florida by Deed recorded in the Officials Records Book 7462, Page 332 being described as
follows:
The South Seven (7.0') feet of Lot 10, Block 10, according to the plat of LYONS
COMMERCIAL SUBDIVISION UNIT No. 2, as recorded in Plat Book 69, at Page 43, of the
Public Records of Broward County, Florida:
TOGETHER WITH
THAT PORTION of said Lot 10 lying Southwesterly of the chord based on a 25.0 foot radius,
the arc of which is concave to the Northeast and falls tangent to the West line of said Lot 10 and
tangent to a line Seven (7.0') feet North of and parallel with the South line of said Lot 10.
AND LESS AND EXCEPT that part conveyed to the City of Tamarac, a municipal corporation
of the State of Florida recorded in Official Records Book 44307, Page 130 being described as
follows:
A portion of Lot 10, Block 10, LYONS COMMERCIAL SUBDIVISION UNIT NO. 2,
according to the plat thereof as recorded in Plat Book 69, at Page 43, of the Public Records of
Broward County, Florida, being more particularly described as follows:
Commence at the Southeast corner of said Lot 10, Block 10; thence along the East line of said
Lot 10, North 00023'58" West, 7.00 feet to the point of beginning; thence along a line being 7.00
feet North of and parallel with the South line of said Lot 10, South 89°36'02' West 201.10 feet;
thence North 45'55' 13" West, 12.67 feet to a line being 15.88 feet North of and parallel with the
South line of said Lot 10; thence along said line South 89°36'02" East 210.14 feet to the East
line of said Lot 10; thence along said line. South 00°23'58" East, 8.88 feet to the point of
beginning.
Exhibit B
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MARTINEZ CENTER
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32399-2400
February 11, 2015
Michael Gresek
Grants Administrator
7525 NW 88th Ave.
Tamarac, FL 33321
Dear Mr. Gresek:
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
JONATHAN P. STEVERSON
SECRETARY
Enclosed please find your original copy of the executed Florida Department of
Environmental Protection Grant Agreement for the City of Tamarac NW57th Street
Stornuvater Project, DEP Grant Agreement No. S0736.
If you have any questions, please call me at (850) 245-7513 or email me at
michael.thomas@dep.state.fl.us. I look forward to working with you on this project.
Sincerely,
Enclosure
xnvw.dep.siateft us
DEP AGREEMENT NO. S0736
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and the CITY OF TAMARAC, whose address is 7525
Northwest 881 Avenue, Tamarac, Florida 33321 (hereinafter referred to as "Grantee"), a local government, to
provide financial assistance for the Tamarac Northwest 571 Street Stormwater Project.
In consideration of the mutual benefits to be derived herefrom, 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, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", and
"Recipient" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and remain in effect for a period of twenty five
(25) months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the
date of execution through the expiration date of this Agreement. This Agreement may be amended to
provide for additional services if additional funding is made available by the Legislature.
3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to
a maximum of $300,000. 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 within
approved deliverable budget categories of up to 10% of the total deliverable budget amount.
Changes less than 10% of the total approved deliverable budget will require a formal change order
to the Agreement. Changes greater than 10% of the total approved deliverable budget and/or
changes that transfer funds from one deliverable to another or that increase or decrease the total
funding amount will require a formal amendment to the Agreement.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of deliverables identified in Attachment A, in accordance
with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment
Request Summary Form. To be eligible for reimbursement, costs must be in compliance with
laws, rules and regulations applicable to expenditures of State funds, including, but not limited to,
the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall
be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment
request should be submitted to the Department no later than sixty (60) days following the
completion date of the Agreement, to assure the availability of funds for payment.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with the Attachment C, Contract Payment
Requirements, the Grantee shall comply with the minimum requirements set forth therein. The
Payment Request Summary Form shall be accompanied by supporting documentation and other
requirements as follows for each deliverable:
DEP Agreement No. S0736, Page 1 of 8 .
Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
days of written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration. For fixed price (vendor)
subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (Invitation to Bid or
Request for Proposals) resulting in the fixed price subcontract.
b. 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.
ii. Other Expenses — e.g., Materials, supplies, non -excluded phone expenses, reproduction,
mailing, and other expenses must be documented by itemizing and including copies of
receipts or invoices. Additionally, independent of the Grantee's contract obligations to
the subcontractor, the Department shall not reimburse any of the following types of
charges: cell phone usage, attorneys fees, civil or administrative penalties, handling fees,
such as set percent overages associated with purchasing supplies or equipment.
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.fldfs.com/aadir/reference%5Fguide.
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
DEP Agreement No. 50736, Page 2 of 8
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall
have the right to demand a refund, either in whole or in part, of the funds provided to the
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee, upon such written notification from the Department shall
refund, and shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
iii. 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.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations.
The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during
the reporting period, problems encountered, problem resolution, schedule updates and proposed work for
the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later
than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June
30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days
to review the required reports and deliverables submitted by the Grantee. Final payment, of up to ten (10)
percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is
completed, all deliverables have been submitted, match requirements have been met and the Final Project
Report has been received and approved.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
7. A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department
shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed
for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of
being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for
failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance
under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to
the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days.
DEP Agreement No. S0736, Page 3 of 8
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
above shall result in the Department's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement.
In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the
Department shall retain the right to require additional or further remedial steps, or to terminate this
Agreement for failure to perform. No actions approved by the Department or steps taken by the
Grantee shall preclude the Department from subsequently asserting any deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section I I9.07(1)(a), Florida Statutes.
10. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five (5) years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes.
11. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at
8501245-2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
DEP Agreement No. 50736, Page 4 of 8
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found
under the "Links/Forms" section appearing at the following website:
https://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
12. A. The Grantee may not subcontract work under this Agreement without the prior written consent of
the Department's Grant Manager, The Grantee shall submit a copy of the executed subcontract to
the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is
ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to
be responsible for the fulfillment of all work elements included in any subcontract and agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed
by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement
includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules
and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of
this Agreement.
15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt
requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses
below.
16. The Department's Grant Managers (which may also be referred to as the Department's Project Manager) for
this Agreement are identified below.
Technical
Michael Thomas
Florida Department of Environmental Protection
Water Quality Restoration Program
2600 Blair Stone Road, MS# 3570
Tallahassee, Florida 32399
Telephone No.:
(850) 245-7513
Fax No.:
(850) 245-8434
E-mail Address:
Michael.thomas de .state.fl.us
DEP Agreement No. S0736, Page 5 of 8
17. The Grantee's Grant Manager for this Agreement is identified below.
Michael Gresek
7525 Northwest 881' Avenue
Tamarac, Florida 33321
Telephone No.:
954 597-3562
Fax No.:
954 597-3560
I
E-mail Address:
Michael.gresek@tamarac.org
18. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the its employees unless such employees
are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department,
for the protection of his employees not otherwise protected.
19. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily
injury and property damage. The minimum limits of liability shall be $200,000 each individual's
claim and $300,000 occurrence. This insurance will provide coverage for all claims that may arise
from the services and/or operations completed under this Agreement, whether such services and/or
operations are by the Grantee or anyone employed by the Grantee.
B. The Grantee shall secure and maintain Commercial Automobile Liability insurance 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 by anyone employed by the Grantee. The minimum Iimits
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 Liability Coverage
C. All 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 forty-five (45) days written notice (with the
exception of non-payment of premium which requires a 10 day notice) to the Department's
Procurement Administrator.
20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Agreement.
22. The Department may at any time, by written order designated to be a change order, make any change in the
Grant Manager information or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
DEP Agreement No. S0736, Page 6 of 8
23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and posts the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity, at (850) 487-0915.
24. Land acquisition is not authorized under the terms of this Agreement.
25. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited
or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida.
26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0736, Page 7 of 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF TAMARAC
Tfle:
Date:
PRO p EGAL FORM
OF_ FE F TH CITY ATTORNEY
v
DATED.1 ""-
FEID No.: 59-1039552
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or designee
Date: a l I O' I S
Michael Thomas, DEP Grant Manager
"u'4z
ut---
15f-P ontracts Administrator
Approved as to form and legality:
DEP Attorney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
Grantee must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
A
Grant Work Plan (4 Pages)
Attachment
B
Pavment Request Summary Form (2 Pages)
Attachment
C
Contract Payment Requirements (1 Page)
Attachment
D
Progress Report Form G Page)
Attachment
E
Special Audit Requirements (5 Pages)
DEP Agreement No. S0736, Page 8 of 8
ATTACHMENT A
SCOPE OF WORK
Project Title: Tamarac NW571h Street Stormwater Project.
Project Summary: The project provides stormwater infrastructure essential to the Tamarac NW 57th Street project —
a mixed -use real estate development project located on mostly vacant, blighted land in western Tamarac. The NW57th
Street project objective is to transform this blighted area into a town center anchoring the Commercial Blvd/94th
Avenue corridor, thereby serving as a destination for Tamarac residents while drawing support from surrounding
communities. The project will provide a mixed use, pedestrian/bike friendly environment where residents may live,
work and play. Accomplishment of this objective requires removal of blighted conditions through land development,
particularly the installation of stormwater infrastructure. The stormwater infrastructure includes a complex network of
drainage inlets (catch basins), drainage pipes and outfalls to capture and control the stormwater run-off for the 23 +/-
acre project. Water quality treatment for the project will be provided by a combination of dry retention areas,
exfiltration trench and stormwater control structures. The $300,000 appropriation requested, represents the first phase
of the entire stormwater installation project as outlined herein.
Project Location: The project is Iocated within the City of Tamarac city limits on NW571 Street between NW 94'
Ave to the west and Pine Island Road (NW 88t' Ave) to the east. This location is less than four miles from the
Everglades National Wildlife Area. Following pre-treatment the stormwater will positively discharge into the City's
secondary canal system. The City's secondary canal system is controlled by three stormwater master pump stations
which outfall into the C-14 canal that empties into the Atlantic Ocean. The aforementioned secondary canal system
falls within the C-14 West Basin Watershed. Seethe attached two site location maps depicting the project area.
Task 1:
Title: Project Design
Description:
The design of a complex network of drainage inlets (catch basins), drainage pipes and outfalls to capture and control
the stormwater run-off for the 23 +/- acre project. Water quality treatment for the project will be provided by a
combination of dry retention areas, exfiltration trench and stormwater control structures.
Design of the stormwater infrastructure will be done by an outside consultant/engineering firm selected by the City.
The firm will deliver said design for approval by the City of Tamarac Public Services and Finance Departments.
Design will then be presented for final approval to the Tamarac City Commission.
A quarterly progress report is required for submittal to the Department Grant Manager to update them on status of
each task and the overall project, as a way to describe any issues or delays encountered or if everything is on target.
The report is due with 20 days of the end of the calendar quarter.
Deliverables: Advertisement, Award, Photographs depicting preconstruction conditions; and electronic copies of
signed and sealed Construction Engineering Documents and commission approval.
Allowable Costs: Construction and Engineering Contractors (contractual services).
Performance Standard: The Department Grant Manager will review the bid package and subcontract to ensure
compliance with state and federal laws specific to this Agreement. The Department Grant Manager will review the
photographs and certification of completion to verify that the work was completed and is in compliance with the
approved form and the Grant Requirements.
Timeline: Period of Performance — Grant execution — December 2015: 15 months
Due Date of Deliverable — December 31, 2015
Budget Narrative: Design to be done by Consultant/Engineering Firm selected in accordance with Chapter 287.055
Florida Statutes (Consultant's Competitive Negotiation Act - CCNA).
DEP Agreement No. S0736, Attachment A, Page 1 of 4
Task 1 Budget by Category
DEP Funding
Contractual
$ 80,000
TOTAL FOR TASK
$ 80,000
Schedule for payment must be tied to submittal of a deliverable or completion of a task and the DEP's acceptance or
approval of the deliverable.
Task # 2
Title: Permitting Process
Description: Permits garnered from various agencies to complete project.
Deliverables: Permits for the project will be acquired from FDEP, Broward County, SFWMD, and the City of
Tamarac.
Performance Measures: The Department Grant Manager will review .pdf copies of the permits.
Timeline: Period of Performance: Grant execution — August 2015.
Due Date of Deliverable: — August 312015
Task #2 Budget Narrative: Permitting process required for the installation of stormwater infrastructure.
Task # Budget by Category
DEP Funding
Supplies/Other Expenses Cost of Permits
$ 20,000
TOTAL FOR TASK
$ 20,000
Task #: 3
Title: Bidding Project/Awarding Contract
Description: After receiving the permits, the City Public Services and Financial Services Departments will begin the
bid process for the project and then award the contract to the bid winner. An agreement with the bid winner will be
processed and approved through the City Commission. Construction of the project will begin thereafter.
Deliverables: Contractor selection, Advertisement, Award, Copy of contract (electronic) and commission approval.
Allowable Costs: Consultant, Construction and Engineering Contractors.
Performance Standard: The Department Grant Manager will review the bid package and subcontract to ensure
compliance with state and federal laws specific to this Agreement.
Timeline: Period of Performance — 7 months: Bidding Process: Aug 2015 — Nov 2015; Award Process: Dec 2015
— Feb 2016
Due Date of Deliverable: — Feb 2016
Task #3 Budget Narrative: Competitive bid.
DEP Agreement No. S0736, Attachment A, Page 2 of 4
Task # Budget by Category
DEP Funding
Contractual Bidding Consultant
$ 6,000
TOTAL FOR TASK
$ 6,000
Task #: 4
Title: Construction
Description: Construction of a complex network of drainage inlets (catch basins), drainage pipes and outfalls to
capture and control the stormwater run-off for the 23 +/- acre project. Water quality treatment for the project will be
provided by a combination of dry retention areas, exfiltration trench and stormwater control structures.
Deliverables: Construction of first phase of construction of stormwater infrastructure in the Tamarac Village project
area. Construction Engineering Inspections (CEI), photographs depicting before, during and after installation of
components; and a construction report including signed and sealed Record Drawings.
Allowable Costs: Construction and Engineering Contractors
Performance Standard: The Department Grant Manager will review the photographs and certification of completion
to verify that the work was completed and is in compliance with the approved plans and the Grant Requirements.
Timeline: Period of Performance: March 2016 — Oct 2016: 8 months
Due Date of Deliverable: — October 2016
Budget Narrative: Contractual construction of stormwater infrastructure within the Tamarac Village project area.
Task # 4 Budget by Category
DEP Funding
Contractual
$ 194,000
TOTAL FOR TASK
$ 194,000
TOTAL PROJECT BUDGET: $300,000
PROJECT LOCATION AND WATERSHED CHARACTERISTICS: Project provides the essential stormwater
infrastructure for the City's NW 571 Street development project — transforming a blighted area into a town center,
enhancing the overall image of Tamarac by serving as a destination to surrounding communities, and providing a sense
of place for Tamarac residents. However, stormwater runoff in Tamarac is pumped into the C-14 canal that flows to the
Atlantic Ocean. During drought periods, runoff is diverted into the Everglades Conservation Area. Any new
development must mitigate this problem to avoid upsetting the balance of the Everglade's fragile water and ecosystems
already strained by existing development and agriculture. The project is located only two miles from the Everglades
wetlands. In addition, the project provides for the flow of stormwater runoff into and out of culverts, controlling
erosion resulting from high water velocities and turbulences, prevents adjacent soil and contaminants from sloughing
into the waterway and into the surrounding, fragile ecosystem. The project is located in a stormwater basin bounded on
the west by the Everglades Conservation Area 2a, and is in a 100-year flood plain, AH zone.
Size of Project Impact: The size of the project in acres (e.g., the area the project takes up). The project area directly
affects 23 +/- acres. Stormwater infrastructure will be installed in the above 23.
Size of Area Being Treated: The size of the area being treated, in acres ( e.g., drainage sub -basin:
DEP Agreement No. S0736, Attachment A, Page 3 of 4
23 +/- acres
Latitude (decimal degrees): The latitude of the project location, in decimal degrees. 26.194742
Longitude (decimal degrees): The longitude of the project location, in decimal degrees.-80.272057
Impaired Water Body Affected: The name of the impaired waterbody. If the waterbody is not impaired but the
project will impact an impaired waterbody, then also enter the name of the verified impaired waterbody along with
the WBID. C-14 Canal. WBID#:3270
TMDL Status and Name: Indicate if a TMDL is adopted or developing. Add the name of the TMDL. If there is no
adopted or developing TMDL then state "No TMDL.": No TMDL
TMDL Impairment: The parameters in the TMDL, e.g., total nitrogen, fecal coliform, etc. N/A
Impairments To Be Addressed by Project: Include which water quality impairments will be addressed by this
project. N/A
BMAP Status and Name: Indicate if a BMAP is adopted or developing. Add the name of the BMAP. If there is no
adopted or developing BMAP then state "No BMAP.": No BMAP
Estimated Load Reductions from Project Implementation:
TP removal (lb/year): TP removal (%):
TN removal (lb/year): TN removal (%):
TSS removal (lb/year): TSS removal (%):
Model used to determine estimated load reduction:
DEP Agreement No. S0736, Attachment A, Page 4 of 4
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Grantee:
Mailing Address:
DEP Agreement No.: S0736
Date Of Request:
Task/Deliverable Amount
Requested:$
Grantee's Grant Manager:
Payment Request No.:
Performance
Period:
Task/Deliverable
No..
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End -of -Grant Period]
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENT
RE UESTS
MATCHING
FUNDS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries
$N/A
$N/A
$N/A
$N/A
Fringe Benefits
$N/A
$N/A
$N/A
$N/A
Travel (if authorized)
$N/A
$N/A
$N/A
$N/A
Subcontracting:
Contractual
$
$
$N/A
$N/A
Equipment Purchases
$N/A
$NIA
$N/A
$N/A
Supplies/Other Expenses
$
$
$N/A
$NIA
Land
$N/A
$N/A
$N/A
$N/A
Indirect
$N/A
$N/A
$N/A
$N/A
TOTAL AMOUNT
$
$
$N/A
$N/A
TOTAL TASK/DELIVERABLE
BUDGET AMOUNT
$
$N/A
Less Total Cumulative Payment
Requests of:
$
$N/A
TOTAL REMAINING IN TASK
$
$N/A
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for Items that were charged to and utllized
Grantee's Grant Manager's Signature
Print Name
Telephone Number
for the above cited grant activine
Grantee's Fiscal Agent
Print Name
Telephone Number
DEP Agreement No. S0736, Attachment B, Page I of 2
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for (must agree with the current Grant Work Plan).
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for
which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current
Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved
budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on
the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the
total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT
REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' fiom the "TOTAL TASK
BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The 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 you
are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task
you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant
Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the
"TOTAL TASK BUDGET AMOUNT" line for this column. Enter the total cumulative amount of this and any previous
match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN TASK" line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the
total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services, Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP Agreement No. S0736, Attachment B, Page 2 of 2
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http://www.fldfs.com/aadir/reference guide.htm
DEP Agreement No. S0736, Attachment C, Page 1 of I
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
S0736
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
--Telephone No.:
Re ortin Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
S0736 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
DEP Agreement No. 50736, Attachment D, Page 1 of I
Date
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART 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 Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httn://l2.46.245.173/efda/efda.html.
DEP Agreement No. S0736, Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
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 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.
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 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 hM://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at
hM://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at htty://www.state.fl.us/audpen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped 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
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP Agreement No. S0736, Attachment E, Page 2 of 5
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dQ.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth 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. ovg /fac/
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSin.gleAudit@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
Electronically:
FDEP S in gleAudit(a)dep. state. fl. us
DEP Agreement No. S0736, Attachment E, Page 3 of 5
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
1 I 1 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:
FDEPS ingleAudit(ibdep.state.fl. us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (Iocal governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0736, Attachment E, Page 4 of 5
r_
O
� o
Q
C
O
Q
_O
C
O
w
.3
O
N
�
Q
o
U
c
0
U
C
U
d
s.
d
0
�
Q �
�z
^^a
I�
U
d
a
T
O
�
O
A
Q
d
Q
w
d
CJ
7
O
d
co
d
�wwz
cJ p
N �,
w
0
� o �
Q
Ch
G
L
L
�
O
ice.
N
Q�
�
G
�
L
b
C
4°
w
L
C
O
a
Of
G
U
ei
tu
c
�
rrO
/To
Q
d
w
U
w
0
n
O
U
C
E
U
U
L
bf
o
Q
Q
ca
U
L
W
U
a
�
w
CA
U
^o
�
ea
d
d
a
a
bA
O O
r
O
CL
Id-
o
o
¢ U
'•
Q
�1
O
O
N
Q
O
q
bA
O
O
-
O
U
U
3
ss
0
U
d
�
�
C
o
�
�
o
�n
W
vOi
y
Ci Y
�Qo�3'o
CIO O
0.
UCIS
d
°Y'
w
�3
o
y
cn 03
C
O
M
.fl
o
a
UZ�
M
L
d
N
U
�
ow
+�
Q
00
0
(%
°
w
� N
N G
h
� �
U
L
O
V
6J
a
U
y bA�
K
bAV
Q
Vi 0
o~ z
o
cr
O
O
kn
O
a
w
U
U
cd
Q
f�l
r
Cl
O
z
G
U
N
bA
Q
Ll.
w
DEP AGREEMENT NO. S0736
AMENDMENT NO. 1
THIS AGREEMENT as entered into on February 10, 2015, between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the
CITY OF TAMARAC (hereinafter referred to as the "Grantee") is hereby amended.
WHEREAS, due to delays in the design and permitting process, the Grantee has requested an additional
twelve (12) months to complete work; and,
WHEREAS, the Department has agreed to this no -cost extension to complete the project; and,
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
-- Paragraph 2 is hereby revised to change the expiration date of the Agreement to March 10, 2018.
-- Paragraph 9 is hereby deleted in its entirety and replaced with the following:
9. A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to
either provide to the Department upon request, or to allow inspection and copying of all public
records made or received by the Grantee in conjunction with this Agreement and subject to
disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.
C. If Grantee meets the definition of "Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with
a public agency and is acting on behalf of the public agency], then the following requirements
apply:
Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requested records, the Department shall immediately notify the
Grantee of the request, and the Grantee must provide the records to the Department or
allow the records to be inspected or copied within a reasonable time. If Grantee fails to
provide the public records to the Department within a reasonable time, the Grantee may
be subject to penalties under s. 119.10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide
the Department with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
iii. Grantee shall identify and ensure that all public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following completion of
the Agreement if the Grantee does not transfer the records to the Department.
DEP Agreement No. S0736, Amendment No. 1, Page 1 of 4
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement. If the Grantee transfers all
public records to the Department upon completion of the Agreement, the Grantee shall
destroy any duplicate public records that are exempt or confidential and exempt from
public disclosure requirements. If the Grantee keeps and maintains public records upon
completion of the Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records that are stored electronically must be provided to
Department, upon request from the Department's custodian of public records, in a format
that is accessible by and compatible with the information technology systems of
Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245-2118, by email at ombudsman(a-?dep.state.fl.us or at
the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
The following is hereby added to the Agreement as Paragraph 27:
27. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section
287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for
applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to
Section 287.135, F.S., the Department may immediately terminate this Agreement for cause if the Grantee,
its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its
affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in
prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8),
F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.
The following is hereby added to the Agreement as Paragraph 28:
28. This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more
counterparts, each of which together shall be deemed an original, but all of which together shall constitute
one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-
mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the
party executing (or on whose behalf such signature is executed) with the same force and effect as if such
facsimile or ".pdf' signature page were an original thereof.
DEP Agreement No. S0736, Amendment No. 1, Page 2 of 4
-- Attachment A, Timeline and Due Date of Deliverable for Tasks i through 4, are hereby deleted in their
entirety.
-- The following is hereby added to Attachment A as the Project Timeline:
PROJECT TIMELINE: The tasks must be completed and all deliverables received by the
corresponding task end date.
Task/ ,-
Deliverable
Task or Deliverable Title
Task Start
Task End
". Date
Date
No.
Upon
04/30/2017
1
Project Design
Execution
2
Permitting Process
Upon
07/31/2017
Execution
3
Bidding Project/ Awarding Contract
11/01/2016
08/31/2017
4
Construction
02/01/2017
02/10/2018
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. S0736, Amendment No. 1, Page 3 of 4
IN WITNESS WHEREOF, the parties have caused this Amendmcnt to be duly executed the day and year
last written belo%v.
CITY OF TAMARAC STATE OF FLORIDA DEPARTMENT OF
VIRONMENTAL PROTECTION
/D *Title: C;-tr �/Iy� e,/- Secret ar or Des'gnee
Date: 1 �"L " t t=:,
APPROVED AS r0 FORM:
CITY MONEY
Date: 3t
Michael Barr, D P Grant Manager
DEP QC Reviewer
*For Agreements with governmental boards/cotnmissions: If someone other than the Chairman signs this
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of
the Grantee must accompany the Amendment.
DEP Agreement No. S0736, Amendment No. 1, Page 4 of
DEP AGREEMENT NO. S0736
AMENDMENT NO.2
THIS AGREEMENT as entered into on February 10, 2015, and amended on November 30, 2016,
between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(hereinafter referred to as the "Department") and the CITY OF TAMARAC (hereinafter referred to as the
"Grantee") is hereby amended.
WHEREAS, due to delays in finalizing the project site plan, the Grantee has requested an
additional eighteen (18) months to complete work; and,
WHEREAS, the Department has agreed to this no -cost extension to complete the project; and,
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
-- Paragraph 2 is hereby revised to change the expiration date of the Agreement to September 30,
2019.
-- Paragraph 3.B. is hereby deleted in its entirety and replaced with the following:
3. 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.
-- Paragraph 4 is hereby deleted in its entirety and replaced with the following:
4. The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated
payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations.
DEP Agreement No. S0736, Amendment No. 2, Page 1 of 3
-- Attachment A, Project Summary is hereby revised to add the following:
The Grantee does not anticipate that the funding under this agreement will result in a fully
completed project, so this agreement will cover a portion of the work.
-- Attachment A, Task 4 is hereby deleted in its entirety and replaced with the following:
Task 4: Construction
Task Description: The Grantee will construct a complex network of drainage inlets (catch
basins), drainage pipes and outfalls to capture and control the stormwater run-off for the 23 +/-
acre project in accordance with the construction contract documents. Water quality treatment for
the project will be provided by a combination of dry retention areas, exfiltration trench and
stormwater control structures.
Deliverables: Construction completed to date as described in this task, as evidenced by these
deliverables: 1) Dated color photographs of on -going work representing the time period covered
in the payment request; 2) signed acceptance and brief description of the completed work to date
by the Grantee; 3) written verification that the Grantee has received record drawings and any
required final inspection report(s) for the project (as applicable); and 4) signed statement from a
Florida Licensed Professional Engineer indicating construction has been completed in accordance
with the construction contract documents (as applicable).
Performance Standard: The Department's Grant Manager will review the deliverables to verify
that they meet the specifications in the Grant Work Plan and this task description.
Payment Request Schedule: The deliverables must be submitted and accepted prior to each
payment request and may be submitted no more frequently than monthly.
-- Attachment A, Project Timeline is hereby deleted in its entirety and replaced with the following:
PROJECT TIMELINE: The tasks must be completed and all deliverables received by the
corresponding task end date.
Task/
Task Start
Task End
Deliverable
Task or Deliverable Title
Date
Date
No.
1
Project Design
2/10/2015
4/30/2018
2
Permitting Process
2/10/2015
6/30/2018
3
Bidding Project/ Awarding Contract
11/1/2016
1 7/31/2018
4
Construction
2/1/2017
1 9/30/2019
Note that, per paragraph 4 of the agreement, authorization for continuation and completion of
work and any associated payments may be rescinded, with proper notice, at the discretion of the
Department if the Legislature reduces or eliminates appropriations. Extending the contract end
date carries the risk that funds for this project may become unavailable in the future. This should
be a consideration for the Grantee with this and future requests for extension.
In all other respects, the Agreement of which this is an Amendment, and attachments relative
thereto, shall remain in full force and effect.
DEP Agreement No. 50736, Amendment No. 2, Page 2 of 3
DEP Agreement No. 50736, Amendment No. 2, Page 3 of 3
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day
and year last written below.
CITY OF TAMARAC
By:
*Title:
Date:
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
in
Secretary or Designee
Date:
Michael Barr, DEP Grant Manager
DEP QC Reviewer
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on
behalf of the Grantee must accompany the Amendment.
DEP Agreement No. S0736, Amendment No. 2, Page 3 of 3