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HomeMy WebLinkAboutReso 2005-858 RESOLUTION NO. 2005- 856 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO APPLY FOR, RECEIVE AND EXPEND GRANT FUNDS FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), IN THE AMOUNT NOT TO EXCEED $400,000.00, FOR THE CENTRAL ISLAND STORMWATER IMPROVEMENTS PROJECT, COMMITTING THE CITY TO PROVIDE 50% MATCHING FUNDS; FURTHER AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO EXECUTE THE STATE FINANCIAL ASSISTANCE AGREEMENT, ATTACHED HERETO AS EXHIBIT "A", AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach comprises of a land area of less than two (2) square miles located between the Atlantic Ocean and the Intracoastal Waterway and is situated on a barrier island with an average elevation of six (6) feet above mean sea level and is particularly vulnerable to flooding; and WHEREAS, the City's current stormwater drainage systems vary from neighborhood to neighborhood with most of the existing piping diameters undersized and in many cases beyond repair, and the existing collection systems designed to protect the City from flooding are faulty and are not in compliance with the required minimum FDOT standards on flow and water quality; and WHEREAS, the City of Sunny Isles Beach is currently in the planning stages of a storm drainage improvement project in its Central Island area, with the estimated cost of the project, which also includes extensive road repairs, of approximately Five Million Dollars ($5,000,000.00); and WHEREAS, the State of Florida Department of Environmental Protection has funds available to the City of Sunny Isles Beach for the Project and has given preliminary approval for the City Manager to apply for, receive and expend $400,000.00 in grant monies available through the Department of Environmental Protection with matching funds from the City of Sunny Isles Beach. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of the City Manager. The City Manager and/or his designee is hereby authorized to apply for, receive and expend grant funds from the State of Florida Department of Environmental Protection, in an amount not to exceed $400,000.00, for the Central Island Stormwater Improvements Project, committing the City to provide matching funds R2005- DEP Grant Central Island Project in the amount of fifty-percent (50%). Further, the City Manager and/or his designee is authorized to execute the State Financial Assistance Agreement, attached hereto as Exhibit "A", and to do all things necessary to effectuate this Resolution. Section 2. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 17th day of November 2005. ~.. . ._~. " ~ ~ 1 ". ww)/ ;~. . , ' ,.. . '.,' 'j ',", 1\, ~..)... <ATTEst " 1.J" " '. " ~"'''''''''''.'''i''('' 1i:>.-.:bL-- (C "-i . " \ .--.... '~':-\': ~ I.) . ::}~e;A. Hires, qtYClerk ., \, :;,.. ,"'I. . Moved by: ('~WVW\I\ ~S'\oJU~ Goo~ Seconded by: C6h-\.W'\AS:~lb)\)Cf.k... XCoLCCSI ~ Vote: 5"-0 Mayor Edelcup Vice Mayor Thaler Commissioner Iglesias Commissioner Brezin Commissioner Goodman ~(Yes) ~Yes) _(Yes) ~(Yes) -.0Yes) _(No) _(No) _(No) _(No) _(No) R2005- DEP Grant Central Island Project 2 STATE FINANCIAL ASSISTANCE AGREEMENT CITY OF SUNNY ISLES BEACH DEP AGREEMENT NO. LP6013 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1717 A OF THE 2005 - 2006 APPROPRIA nONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and the CITY OF SUNNY ISLES BEACH, whose address is 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (hereinafter referred to as "Grantee" or "Recipient"), existing as a local government agency under the laws of the State of Florida, to provide funds for Central Island Stormwater Improvements Project. In consideration of the mutual benefits to be derived here from, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the tenns and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the tenns "Contract" and "Agreement" and the tenns "Grantee", "Recipient" and "Contractor" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than December 31, 2006. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the services rendered by the Grantee under the tenns of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $400,000 toward the total project cost estimate of $5,000,000. The parties hereto agree that the Grantee is responsible for providing a minimum match of 50% toward the project described in Attachment A. If the Grantee fmds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Disbursement Request Package (provided as Attachment B). In addition to the disbursement form, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with travel limits established in Section 112.061, Florida Statutes. Payment requests shall be submitted no more frequently than monthly. The Payment Request Package includes: (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or perfonning the work. If payment is based on an authorized advance for incurred costs, invoices reflecting such costs must be included. After receipt of advance funds the Grantee shall provide proof of payment to the Department within 30 days receipt of advance funds. If payment is based on reimbursement, proof of payment of the invoices is required; and (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds received to date have been applied toward completing the Project; and that under the tenns DEP Agreement No. LP6013, Page 1 of6 SIB and provisions of the contracts, the Local Government is required to make such payments; and (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit; and (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.dbf.state.f1.us/aadir/reference guide. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a cormnitment of future appropriations. 5. Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. If advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 above and Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 15). Progress reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. DEP Agreement No. LP6013, Page 2 of 6 SIB 9. A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit I to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit I 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 I, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, 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 ~.21O for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient vs Vendor Determination" (form number FSAA_CL2) that can be found under the "LinksIFonns" section appearing at the following website: http://www.fsaa.state.fl.us/ The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 10. A. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 13. The Department's Grant Manager for this Agreement is identified below. Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: 850-245-8358 Fax: 850-245-8411 Email: thomas.e.williams@dep.state.fl.us DEP Agreement No. LP60 13, Page 3 of 6 SIB 14. The Grantee's Grant Manager for this Agreement is identified below. George Fisher, Grant Manager City of Sunny Isles Beach 18070 Collins Avenue City of Sunny Isles Beach, Florida 33160 Phone: 305-947-0606 Fax: 305-792-1584 Email: gfisher@sibfl.net 15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the time frame identified above or invoices must be received within the same time frame that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form (Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting requirements established in paragraphs 3 and 5. 16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 19. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement. 20. The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement (e.g., specifications, task time line within current authorized agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that DEP Agreement No. LP6013, Page 4 of6 S I E causes an mcrease or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award. or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 22. Land acquisition is not authorized under the tenus of this Agreement. 23. This Agreement represents the entire agreement of the parties. Any alterations, vanatIons, 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 P AGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6013, Page 5 of6 SIB IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF SUNNY ISLES BEACH STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: hwnu &.J Secretary or designee Date: Date: DEe 0 1 2009 / ~~uit FEID No.: b501gtb+ I *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Attachment Attachment Attachment Attachment Attachment Attachment Letter/ Number A B C D E F Description (include number of pages) Project Work Plan (5 Pages) Disbursement Request Package (3 Pages) Progress Report Form (2 Pages) Special Audit Requirements (5 Pages) Advance Payment - Interest Earned Memorandum (1 Page) Advance Payment Justification Form (3 Pages) AS TO FORM FICENCY DEP Agreement No. LP6013, Page 6 of 6 SIB SEP-29-2005 THU 09:55 AM CALVIN GIORDANO FAX NO. 9549218807 " , ATTACHMENT A PROJECT WOR!{ PLAN Please complete this form with as much detail as possible I.IG~:::ROJEcrl~ ffj,diifj ::::~::,n_';2p () ,- _~- -.. W -I:-~ II. 'FUNDING PLAN': t: FYoslO6l'Ro.mCf BlJDGET Cntel!orv of Expendituro DEP Fund. TotoJ Mllkhin" Funth: Total Fundln!! Profc5SlonaJ Service. ~ ~ n.tfflYD Condracthm "DomoUdou 1.. s''i). nOD Land EOlllnmc:nt Other {SaedM I Wbllt is tile toml elCiDJllted prolect cost? ;-.ODOlooO m. SCOPE OF WOIU{; (e.g.. spoeifientioJ3s, task tilJ1l:lline within cun:ent authorized Agreement period. method or .manner ofperformance, requirementll, quarterly cash needs, etc.) !;< e- '8'1-\...( \0 t " A" ..\- (: {~~ \'\1 "~\I IV. PROJECT MILESTONES: (i.e.. limeliues, contracts. iffUllded in prior year(s) wh.:re is IIle projl:(;t now) ;1 Tfl1Jc scope of work includes eODSuuction: Estimated Co",Q-llClioQ st.u1 dale: Estimated ilCope of work cOlDplcfitln dule: If the ilCope is ouly {or preconstnletion work: Earimllred scope of work completion dare: I 1-/ 0 IP V. LOCAL MATCH &. OTHER GltA.NT FUNDs: If local mateJl is rtqmtoc]. Jisl tho SOtlrc" 11m! llmounts. Aba li~t tbe sources and IImounts for any other gr:11lI fuuds being used ro l\IJId this projcct. CI~~~J ~~V~ Iit~[i{ P. 04 I SIB Project Description I Scope of Work The City of Sunny Isles Beach comprises a land area of less than 2 square miles located between the Atlantic Ocean and the Intracoastal Waterway. The City is situated on a barrier island with an average elevation of six (6) feet above mean sea level, and is particularly vulnerable to flooding. The current storm water drainage systems throughout the City vary from neighborhood to neighborhood, most of the existing piping diameters are undersized (10" and 12") and in many cases beyond repair. The existing collection systems designed to protect the City from flooding are faulty, and are not in compliance with the required minimum FOOT standards on flow and water quality. These drains are decades old, and over time, sediment, leaves, and other debris have collected in the pipes and gravel layer to the point of making them impermeable. This leads to the drains backing up and water pooling on the surrounding pavement. Because the piping system is beyond repair and no longer provides sufficient drainage, even relatively moderate rain events can result in serious street flooding. This situation can be compounded even more by tidal activity in the adjacent Bay. In addition to being a safety hazard, flooding is also causing increasing damage to pavement in this area. Sunny Isles Beach is currently in the planning stages of a storm drainage improvement project in its Central Island area. The estimated cost of the project, which also includes extensive road repairs, is approximately $5 Million. Rather than trying to overhaul the existing substandard system, Engineers have proposed a completely different means of handling the storm water. Deep wells of over 100 ft. deep will be drilled. Storm water will flow into these wells, and the static pressure of the water will force it into the bedrock layer beneath the City, where it will be diffused. Part of the system includes buffers in some of the drain units for preventing the bedrock layer from getting gummed up with debris. Engineers estimate that if the system is properly maintained, it can provide effective drainage indefinitely. Also, this system design is a proven one; the City has already completed a similar, smaller-scale project in the Golden Shores neighborhood north of the City which has been very effective. SIB EXHIBIT "A" STATEMENT OF WORK CITY OF SUNNY ISLES BEACH CENTER ISLAND STORM DRAINAGE AND STREET IMPROVEMENTS 1.0 INTRODUCTION The City of Sunny Isles Beach (City) Flood Mitigation Project (Project) was partially funded by the 2004/2005 State Legislature General Appropriation Act funds from the Florida Department of Environmental Protection (FDEP) through Special Appropriation 2064A. Additional funding may be provided, pending availability of funds and budget transfer, by Fiscal Year 2005 Ad Valorem Funds collected by the South Florida Water Management District. These funds are administered through the District and dispersed and managed at the local level. The City is located within the northeast comer of Miami-Dade County and is bounded by Terracina Avenue (Town of Golden Beach) to the north, Bakers Haulover Cut (south end of Haulover Beach Park) to the south, the Intercoastal Waterway to the west and Biscayne Bay to the east. The City has developed a multi- phased Stormwater Master Plan (Plan), which was adopted by the City Council in 2000. The City recognized the need to address its stormwater challenges through the implementation of this Plan. The existing drainage system has historically consisted primarily of roadside inlets connected to outfalls located throughout the City. In some cases, the outfall structures are no longer discharging, or are undersized for tHe volume they are expected to handle. The system provides poor levels of flood protection and provides no treatment of storm runoff. There are structures in disrepair and in need of immediate replacement. The poor levels of flood protection are mainly the result of low grades and poor conveyance that impede positive drainage during a storm. This undesirable scenario potentially lends itself to short and long term flooding conditions within the City. These deficient conditions, added to the characteristics of a flood high risk area due to the proximity of the project to the Intercoastal Waterway and the Bay, justify the need for an upgraded system. 2.0 OBJECTIVE The objective of the Project is to improve the City's stormwater capabilities by providing a pOSItIve drainage system to surface waterways in the geographic area. The Project will provide for improved flood protection while maximizing water quality treatment of storm runoff prior to discharge through typical treatment methods and best cost effective available technologies to meet the requirements of the National Pollutant Discharge Elimination System (NPDES) permitting program. All improvements within the Plan will be phased and the proposed phase is described in Section 3.0 of this Statement of Work. 3.0 SCOPE OF WORK The City, under its Capital Improvement Plan, has completed the final design drawings for the Center Island Storm Drainage and Street Improvements Plan and will utilize these funds for the construction of this storm drainage mitigation project. The improvements of the storm water system will benefit numerous residents Page I, Exhibit "A", Statement of Work, OT050655 $U~ of a residential area of about 96 acres, bounded from west to east by North Bay Road and Collins Avenue, and from south to north by NE 174 Street and NE 183 Street. The proposed storm drainage improvements involve the construction of ex-filtration pIpmg systems including the following main elements: . Drainage Structures (91 Units) . Manholes (37 Units) . Storm Sewer Collection System (11,900 Linear Feet) . Ex-filtration System (6,100 Linear Feet), . Drainage Wells (24 units) . Milling and Resurfacing (35,421 Square Yards) The project governing standards and specifications are: . 2004 Florida Department of Transportation Roadway and Traffic Design Standards . 2004 Standard Specifications for Road and Bridge Construction . Miami-Dade County Public Works Manual Parts I and II. The implementation of the project will be as follows: The project final design plans are completed. Bids will be due by January 2005. Construction is to be completed in twelve (12) months. The preliminary construction cost estimate for this project is $ 5million. The City shall be responsible for the satisfactory completion of all work under this Statement of Work. This Statement ofW<?rk will focus on activities that include the following tasks: Task 1: Task 2: Task 3: Task 4: Engineering Design and Permitting Preparation of Bid Documents and Specifications Construction, Construction Monitoring/Monthly Reports Construction Certification The Project will meet the regulatory requirements of all government agencies with permitting jurisdiction. 4.0 WORK BREAKDOWN STRUCTURE At the end of each task, the City shall deliver Three (3) copies of the task deliverables to the District. The District shall distribute the copies to the FDEP for its information and use. The City shall also provide a summary of the project including estimated cost to the District upon completion of Task 3. The District shall distribute the project summary including estimated cost to the designated coordinator for the Local Mitigation Strategies Group for its infoTIpation and use. Project Management The City is responsible for project management, budget management and quality control. The City is responsible for reviewing and approving deliverables to ensure that the project objectives are met. $hB3 Page 2, Exhibit "A", Statement of Work. OT050655 Task 1: Engineering Design and Permitting . Prepare and submit to the District 100% engineering plans . Prepare and submit to the District construction costs estimates for the proposed work. . Submit to the District proof of application for applicable permits. Deliverables: Summary Report of engineering plans update including submittal of 100% engineering plans and the information described in this task number 1. Task 2: Preparation of Bid Documents and Specifications . Prepare and submit to the District Bid Documents. . Prepare and submit to the District specifications. . Advertise Bid and conduct pre-bid meeting. . Recei ve and open bids. . Prepare bid tabulations and evaluate for successful bidder. . Award Bid. . Prepare and submit to the District bid and contract award documents. Deliverables: Summary Report of bid documents and specifications including submittal of the information described in this task number 2. Task 3: Con~truction, Construction Monitoring/Quarterly Reports . Submit project summary with final engineer's cost estimate. . Monitor the construction of the project and submit progress reports and construction InVOIces. . Construct improvements as identified in 100% design plans, specifications and applicable permits. . Prepare and submit to District construction schedule(s), quarterly construction progress reports, quarterly pay requests, and quarterly updated construction project schedules. Deliverables: Submit to District work documents and information described in this task 3. Task 4: Construction Certification . Provide final certification and as-built drawings upon completion of construction. Deliverables: Provide to the District final certification and as-built drawings upon completion of construction. S \ ~~ ~ B D~~~ 1 J;'yl,ihit "A" <;;t"tpmpnt of Work OTO'iOfiSS EXHIBIT "B" PAYMENT AND DELIVERABLES SCHEDULE Total payment by the District to the City shall not exceed the amount of $400,000.00***. All invoices shall be accomparIied by adequate documentation to support actual expenditures incurred by the City within the not-to-exceed amounts specified below in accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt of quarterly progress reports and financial statements from the City with documentation to demonstrate completion of each project task in accordarIce with Exhibit "A" Statement of Work requirements. The City is responsible for reviewing and approving deliverables to ensure that project objectives are met. The City is also responsible for project management, budget management and quality control. DISTRICT** Not-to-Exceed Task Deliverable Due Date* Payment Summary Report of engineeri~g plans update including submittal of 100% engineering plans and Task 1: Engineering the information described in this Design and Permitting task number 1. Complete $150,000 Summary Report of bid documents and specifications Task2: Preparation of update including submittal of the Bid Documents and information described in this Specifications task number 2. 1 months $20,000 Task 3: Construction, 9 months Construction Work documents and Pay requests may Monitoring and information described in this be submitted on a Reporting task number 3. quarterly basis. $220,000 Final certification and as-built Task 4: drawings upon completion of Construction construction and an Operations Certification and Maintenance Plan 12 months $10,000 Not-to-Exceed Total Payment I $400,000.00*** * All dates are referenced from the date of contract execution. ** The District shall only be obligated to pay for documented actual expenditures within the not-to-exceed amounts specified above. In the event actual expenditures by the City are less than the not-to-exceed for a particular task, the City shall have the right to apply the unexpended balance towards a subsequent task. The City shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $400,000.00*** as specified above. The total estimated cost of the project is in excess of $5,000,000, the balance of which is to be provided by the City and other local funding sources. *** Budgeted funding for this project through State Appropriation is equal to $200,000.00. An additional $200,000.00 in ad valorem funds may be added to this contract pending availability of said funds and completion of a budget amendment. In the case that said funds do not become available, or an amount less than $200,000.00 is made available for this purpose, the stated total obligation of the District shall not exceed either $200,000.00 or an amount equal to $200,000.00 plus the amount of ad valorem funds budgeted for this project. Page I, Exhibit "B", Payment and Deliverable Schedule, OT050655 Sl~ A TT ACHMENT B Disbursement Request Package Legislative Projects (LP) Grants I. 2. 3. 4. Grantee/Recipient Project Number CITY OF SUNNY ISLES BEACH LP6013 Date of Request Required Match % Disbursement Request Number o Final o Type of Request: Partial 5. Federal Employer Identification Number 6. Mail DEFT o Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) 1. Planning (attach invoices) $ 2. Engineering (attach invoices) 3. Construction and Demolition (attach invoices) 4. Technical Services during Construction (attach invoices) 5. Other (list - must be specified in agreement) 6. Total cumulative to date $ 7. Disbursements previously requested $( $ 8. Amount requested for disbursement (line 6 minus line 7) Requests for Invoices already Paid: 1) Copy of Invoice 2) Proof of Payment Requests for Invoices not yet Paid: 1) Copy ofInvoice 2) Advance Payment Justification (one per quarter) 3) Advance Payment - Interest Earned (after initial advance) *If prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the prior payment will be required before this request can be disbursed. ** SUBMIT ONE ORIGINAL COpy OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. LP6013, Attachment B, Page 1 of3 SIB Grant Manager's Certification of Disbursernent Request I, (name of Grantee's Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page] of this form is for allowable costs for the project described in the Agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records. 3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the proj ect, and the Grantee is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP6013, Attachment B, Page 2 of 3 SIB Engineer's Certification of Disbursement Request I, , being the Professional Engineer retained by (name of Professional Engineer) , am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Rule 62-600 or Rule 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department or are identified and attached hereto. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) DEP Agreement No. LP60 13, Attachment B, Page 3 of 3 S\~ ATTACHMENT C PROGRESSREPORTFO~1 DEP A2reement No.: LP6013 Grantee Name: CITY OF SUNNY ISLES BEACH Grantee Address: Grantee's Grant Mana2er: I Telephone No.: I Quarterly Reportin2 Period: Project Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. LP6013, Attachrnent C, Page 1 of 2 S\B (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Provide a project budget update, com laring the project budget to actual costs to date. Expenditures Prior to this Expenditures Total Project Reporting this Reporting Project Funding Bud2et Cate20ry Bud2et Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP60 13 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. LP6013, Attachment C, Page 2 of2 S\B A TT ACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-B3, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-B3, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-B3, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-B3, 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-B3, 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-B3, 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-B3, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive DEP Agreement No. LP6013, Attachment D, Page 1 of 5 S\B Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nons tate 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)( d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog or the Governor's Office of Policy and Budget web site located at http://www.myflorida.comlmvflorida/government/contacts/opbOffice.html for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.myflorida.coml, Department of Financial Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies ofreporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census DEP Agreement No. LP6013, Attachment D, Page 2 of 5 5\6 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. 2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 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 the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LP6013, Attachment D, Page 3 of5 SIE 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. LP6013, Attachment D, Page 4 of 5 SIB .... I E-< .... = .... := :.< Iioil o ~ o .....l .....l o ~ ~ ~ o E-< (/) ..... (/) z o U E-< Z r.LI ~ r.LI ~ o <t: (/) ~ o E-< E-< Z <t: :;J (/) p:: :;J p.. 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(1)~ ~ "'.... ~ tS<l) ~ (1) ~ "0 <.> <l) ~ '" . .- <+-<~ o o:l 1:: CI} ~ (1) ~ V3 'E- o:l ~"u ~ ~ ~ u .; ~ <l) Cl)S~ ..9 "l .5 E E "0 ]\l5"O .D i:: ~ '6 iil";:; ~:::; ar "0 .... ~ ",...c::...c:: ~ ~ u s::,-..~ <l) <t: o:l S ~ S <l)(/} .!:: U >. ::l,-,S:: ir<l)<t: .... <.> S ~ . o:l~~ bh'~ 0 o '" ~ ~ <t: -;;, (1) <<i 8 ..9 'u .~ ~ ~ :E s::: tfJ ~ii:'O b~Cl) S Ci5 g. 8 '0 ~ ::: ~ t) o:l~ o:l ...c::o:l.!:: en ~ s::: ~ U 0 5 o:l u "- "0 '&"O:;~ u 0 ~ ~Ei: s:: Q) <1,)...... ..9..9"0 Cl)r.::; ~ 6:02 ~ ~"5 ~~Q) 4=:;Et;; '"E ~ ~ ~ 0 ~ (1) .D o ~ (1) t;; '" "0 o ~ s::: ~ ::S <2 Vl <+-< o V) (1) CI} o:l p.. 0' 1:: (1) S ...c:: <.> .s ~ M - o \0 p.. .....l o Z 1:: (1) S (1) (1) 50 <t: p.. r.LI o S\B ATTACHMENT E ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST TO: FROM: Darinda McLaughlin, Finance and Accounting Director Bureau of Finance and Accounting, MS 78 DATE: SUBJECT: Advance Payment - Contract No. Interest Due to DEP: Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due, advance approval of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later than Initial advance funding disbursed I. Advanced funds principle expended or returned by contractor covering period of to $ $ 2. Balance advance funding principle available $ 3. Interest earned on advanced funds covering period of to $ 4. Amount of interest paid to DEP as of $ 5. Interest balance due to DEP as of $ (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest, which is based upon a grant/contract advance payment(s), will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items I and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1,2,3, 4, and 5. Items 3, 4, and 5 will be the life to date interest If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines I and 2. In all cases the line I and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables, payables, or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items I through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. LP6013, Attachment E, Page I of 1 S\B A IT ACHMENT F ADVANCE PAYMENT JUSTIFICATON FORM Use of this forrn is not required unless the advance requested requires the prior approval of the Comptroller. For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior Comptroller approval. Name/Address of the Vendor/Recipient: Contact Person/Phone No.: Agreement No./Purchase Order No. (if known): LP06013 Commodities/Services/Project Description: (i.e. local aov't Organizational Structure non-orofit corooration etc.) Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: o 90 days startup 18 Full Contract Period o Quarterly other (specify): Indicate Statutory Authority: o 215.422, F.S I 0 216.181, F.S. GAA Year and Line Item Info: SFY: I I Line !tern: I 1. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422, Florida Statues (and the Comptroller's Voucher Processing Handbook) which exceed the purchasing threshold of cateaorv two as defined in 287.017, Florida Statues. A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the Department of Insurance, Division of Treasury at 850/413-2776 or SunCom 293-2776 regarding the current Treasury earnings rate. B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP 55-222 (03-02) DEP Agreement No. LP6013, Attachment F SIB AITACHMENTF C. Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non-Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid ADDroDriation Cateaories OSXXXX or 14XXXXl A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315-3070 B. A letter requesting advance payment from the recipient, on its letterhead, must be attached. DEP 55-222 (03-02) DEP Agreement No. LP6013, Attachment F S\B ATTACHMENTF 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample sumrnary format is provided below. The sumrnary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Third Quarter Fourth Quarter Quarter Salaries (identifv oersonnel/titles) Frinae Benefits Contractual Services (list services and estimated costs) Equipment (identify each item and cost) Supplies Travel Other (specify) Overhead/Indirect Total: Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this tirne. By: Type Name of Signatory: Date Title: Chief Financial Officer or desianee DEP Proaram Area Review/Approval Recommendation: o Approve Request o Deny Request By: Type Name of Signatory: Date Title: Bureau: Division: The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payrnent to the State Comptroller for review and leaislature consultation as appropriate. Bureau of Finance & Accounting Use Only DEP 55-222 (03-02) DEP Agreement No. LP6013, Attachment F SIB ~~~\OlKTION. ~~ $. > ~ I' ~lFlOR c::> I Florida Department of Environmental Protection Charlie Crist Governor - --- Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Jeff Kottkamp Lt. Governor Michael W. Sole Secretary l'~: )~~'I j. :.: ". ..\ l -.[ '"l ~ t: ~..; ~ ) i . ., .' -__'".: FED-EX DELIVERY CONFIRMATION REQUIRED DEe 1 8 2008 DEe 1 5 2008 I i I i I C~:'.. " ,,', '" LD~..:'... .:; " " . ~ ~i; . :A:'i1 ... -: :' c_,\,r'._".;:.::O;( . .'~'.~ .-~,~. ~ .... '.' '-"'! Mr. George Fisher Grant Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: LP6013 - City of Sunny Isles Beach Central Island Stormwater Improvements Project Dear Mr. Fisher: Enclosed is one original of Amendment 3 to your stormwater improvement project. The amendment revises the budget of the project. The amendment is now in effect. Ifwe may be of further assistance, please contact Maura Callahan at 850/245-8358. Si? r1 C Phil Coram, P.E., Deputy Director Division of Water Resource Management PC/mc ~( ~/c) i .l\rA 0.' .- . t Ct.y..~c~Q tev SO\~~ \J"I ,I """'l COV\'*~ -h~ I 1\1\ G{,i-Jt J ) t') ~f Y Enclosure cc: Jorge Vera - City of Sunny Isles Beach Doug Haag - City of Sunny Isles Beach "More Protection, Less Process" WWII'. dep.state..fl. /IS STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP6013 CITY OF SUNNY ISLES BEACH AMENDMENT NO.3 THIS AGREEMENT as entered into on the 1st day of December, 2005, and amended on the 27th day of December, 2006 and 17th day of December, 2007, between the FLORIDA DEPARTMENT OF' ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF SUNNY ISLES BEACH (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended. WHEREAS, due to a change in budget; and, WHEREAS, additional changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: 4. Attachment A, Project Work Plan, is hereby amended to include Attachment A-3, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, Project Work Plan, shall hereinafter refer to Attachment A, Project Work Plan, Attachment A-I, Revised Project Work Plan, Attachment A-2,Revised Project Work Plan, and Attachment A-3, Revised Project Work Plan. 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 P AGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6013, Amendment No.3, Page I of2 This Amendment 3 to State Financial Assistance Agreement LP6013 shall be executed in two or more counterparts, either of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement to be executed on its behalf by the Deputy Director of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Deputy Director of the Department of Environmental Protection, Division of Water Resource Management. CITY OF SUNNY ISLESC~ RA--. City Ma ager r~~Db FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By /rj ~ Deputy Director Division of Water Resource Management DEe 1 0 200S Date: *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. List of attachments/exhibits included as part of this Amendment: Specify Type Attachment Letter/Number A-3 Description ( include number of pages) Revised Project Work Plan (I page) DEP Agreement No. LP6013, Amendment No.3, Page 2 of2 ATTACHMENT A-3 REVISED PROJECT WORK PLAN Please complete this form with as much detail as possible I. GRANTEEIPROJECT INFORMATION: Grantee: City of Sunny Isles Beach Project Title: Central Island Storm Water DEP Grant #: LP6013 II. FUNDING PLAN: 0 ange m un mg an LP Grant Total Catel!ory of Expenditure Funds Provided Match Reauired Fundinl!: Professional Services 43,229 Construction & 356,771 Demolition Land Eaulpment Other (Svecifv) Total 400,000 5,000,000 N Ch . F d' PI III. SCOPE OF WORK: Professional services costs were lower than expected so we are reallocating this money for construction instead. IV. PROJECT MILESTONES: Change to Ending Date. (i.e. timelines, contracts, if funded in prior year(s) where is the project now) If the scope of work includes construction: Estimated Construction start date: Estimated scope of work completion date: 12/2006 12/2009 V. LOCAL MATCH & OTHER GRANT FUNDS: No Change in Match, etc