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HomeMy WebLinkAboutReso 2008-1313 RESOLUTION NO. 2008- /3/3 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 DEP ARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), IN THE AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00), FOR THE CENTRAL ISLAND STORMW A TER IMPROVEMENTS PROJECT, COMMITTING THE CITY TO PROVIDE MATCHING FUNDS; FURTHER AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO EXECUTE THE STATE FINANCIAL ASSIST ANCE AGREEMENT, A TT ACHED 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 State of Florida 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 Eight Million Two Hundred Thousand Dollars ($8,200,000.00); 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 Two Hundred Fifty Thousand Dollars ($250,000.00) 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 Two Hundred Fifty Thousand Dollars ($250,000.00), for the Central Island Stormwater Improvements Project, R2008- DEP Grant Ccntral Island Projcct committing the City to provide matching funds in the amount of $250,000.00. 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 18th day of September 2008. ATTEST: ~A~ Jane A. Hines, City Clerk Moved by: 'Vt U YY\t1J.:jDY' T14)I\L~ Seconded by: ('~Y\'\l'\"~.lJ0..J~ tSRi. '2..1,j Vote: 5....0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl v""(Y es) L/{Yes) -.2(Yes) V (Yes) V (Yes) _(No) _(No) _(No) _(No) _(No) R2008- DEP Grant Central Island Project 2 .,~~~~~1E(]O! ~~";-. ~ ~ ~ ~ FLOR Florida Department of Environmental Protection - - Bob Martinez Center 2600 Blair Stone Road Tallahassee. Florida 32399-2400 --- DHL DELIVERY - SIGNATURE REQUIRED OCT 2 9 2008 Mr. Douglas Haag Assistant City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: LP8978 - City of Sunny Isles Beach Sunny Isles Beach Central Island Stormwater Dear Mr. Haag: We are pleased to provide financial assistance for your storm water improvement project. One fully executed grant agreement is enclosed. To draw money under the agreement, please call Tommy Williams at 850/245-8358 for assistance in completing a disbursement request. For your convenience, electronic copies of the attachments are located on our web page: http://www.dep.state.fl.us/water/wff/index.htm under 2008-2009 Legislative Project Information, LP Grant Attachments. We congratulate you and your staff on your efforts and are pleased that we can work with you on this project. Sincerely, ~C~ ~ Phil Coram, P.E. Deputy Director Division of Water Resource Management PC/st Enclosure cc: A. John Szerlag - City of Sunny Isles Beach Linda Dosal - City of Sunny Isles Beach "!I/orc Pm/celion, In) Pmcns" /tlllV. dqu/:i/c.I7./I) Charlie Crist Governor Iell k.Ottk~I'l1p Lt. (,OVClllllr Michael W '>ole '>euclary > STATE FINANCIAL ASSISTANCE AGREEMENT CITYOF SUNNY ISLES BEACH DEP AGREEMENT NQ. LP8978 STATE OF FLQRIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1772C OF THE 2008 - 2009 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and the CITYOF SUNNY ISLES BEACH, whose address is 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160 (hereinafter referred to as "Grantee" or "Recipient"), a local government under the laws of the State of Florida, to provide funds for the Sunny Isles Beach Central Island Stonnwater project. In consideration of the mutual benefits to be derived here from, the Department and the Grantee do hereby agree as follows: ), The Grantee does hereby agree to perfonn 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 shall remain in effect until June 30, 20 I 0, The Grantee shall be eligible for reimbursement for work perfonned on or after July I, 2008. 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 $250,000 toward the total project cost estimate of $8,200,000. The parties hereto agree that the Grantee is responsible for providing a minimum match of $250,000 toward the project described in Attachment A. Prior written approval from the Department's Grant Manager shall be required for changes between budget categories of up to 10% of the total budget. The Department's Grant Manager will transmit a copy of the written approval and revised budget to the Department's Contracts Disbursements Office for inclusion in the Agreement file, Changes greater than 10% will require a fonnal amendment to the Agreement. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modifY the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the 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 Request Package, 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 the travel limits established in Section ]] 2.061, Florida Statutes, The Disbursement Request Package must include: (]) A completed Disbursement Request Fonn 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 perfonned; 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 DEP Agreement No, LP8978, Page I of 6 i> receipt of advance funds the Grantee shall provide proof of payment to the Department within thirty (30) days of receipt of the advance funds, If payment is based on reimbursement, proof of payment of the invoices is required. (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, perfonned, 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 and provisions of the contracts, the Grantee is required to make such payments. (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 pennit. (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 infonnation 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), 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.fldfs.com/aadir/reference%SFguide. 4. The State of Florida's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports (Attachment C) shall be submitted describing the work perfonned, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period, Progress reports shall be submitted along with the Disbursement Request Package, described in paragraph 3, B, I f advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 above and on 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 16), It is understood and agreed by the parties that the term "reporting period" reflects the period of time for which the invoices submitted in the Disbursement Request Package are covered, The Department's Grant Manager shall have ten (10) calendar days to review del iverables 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 tenninate 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 tennination, the Department DEP Agreement No. LP8978, Page 2 of6 shall provide thirty (30) calendar days written notice of its intent to tenninate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for tennination. B. The Department may tenninate 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 I I 9,07( I), Florida Statutes. 9, A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and made a part hereof. Exhibit] to Attachment 0 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] 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], the Grantee shall notify the Department's Grant Manager identified in this Agreement to request a copy of the updated infonnation. 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 detennination. For federal financial assistance, the Grantee shall use the guidance provided under OMS Circular A-133, Subpart B, Section _,210 for detennining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall use the fonn entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Detennination" (fonn number DFS-A2-NS) that can be found under the "Links/Fom1s" section appearing at the following website: http://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, 10. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department's Grant Manager. The Grantee shall submit a copy of the subcontract upon the request 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. 11, 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 finns that could be offered subcontracting opportunities may be obtained by contacting the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 12. 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, 13, The Grantee shall comply with all applicable federal, state and local mles and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes DEP Agreement No. LP8978, Page 3 of 6 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. 14, 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.n.us 15, The Grantee's Grant Manager for this Agreement is identified below. Douglas Haag City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Phone: 305-792-1775 Fax: 305-792-1561 Email: dhaag@sibn.net 16, 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 timeframe that shows the offset of the interest earned, Unused funds, and interest accrued on any unused portion of advanced funds that have 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 tenns 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 infonnation requested in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Fonn (Attachment F) to the Department's Grant Manager quarterly. This infonnation 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. 17, 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 DEP Agreement No, LP8978, Page 4 of 6 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 those employees not otherwise protected. 18, The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate fonns of insurance, The Department shall have no liability except as specifically provided in this Agreement. 19. 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, 20, The purchase of non expendable personal property or equipment costing $1,000 or more is not authorized under the tenns of this Agreement. 21, The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement (e,g., specifications, task timeline within current authorized agreement period, method or manner of performance, requirements, etc,), All change orders are subject to the mutual agreement of both parties as evidenced in writing, Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 22, A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded trom 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 perfonn 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. 23, Land acquisition is not authorized under thll tenns of this Agreement. 24, This Agreement represents the entire agreement of the parties, Any alterations, vanatlOns, 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, REMAfNDER OF PAGE fNTENTIONALL Y LEFT BLANK DEP Agreement No, LP8978, Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below, By City~J~ ST A TE OF FLORIDA DE? AR TMENT OF ENVIRONMENTAL PROTECTION CITYOF SUNNY ISLES BEACH By.htcfr~ ~eputy Director DIVISion of Water Resource Management Date: {o I (~/68 Date: OCT 2 7 2008 FEIDNo.: ('5-0'1~l\~41 *For Agreements with governmental boards/commissions: If someone other than the Chainnan 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 (3 Pages) Disbursement Request Package (3 Pages) Progress Report Form (2 Pages) Special Audit Requirements (S Pages) Advance Payment - Interest Earned Memorandum (I Page) Advance Payment Justification Form (3 Pages) DEP Agreement No, LP8978, Page 6 of 6 /~~ ATTACHMENT A GRANT WORK PLAN City of Sunny Isles Beach LP8978 Project Title: Provide a brief title for the project proposed. Central Island Drainage Project Project Location: Identify the location of the project and include the county/counties involved in the project area, If this project affects water, include the watershed and hydrologic unit code. The Central Island Drainage Project is the area bounded on the north by 183rd Street, on the south by 178th Street, on the east by Collins Avenue (A-I-A), and on the east by the intercoastal waterway. This is all within the city limits of the City of Sunny Isles Beach Florida. Project Background: Provide a summary of the site/project area and the justification supporting the need for the Florida Department of Environmental Protection to fund the proposed project. This project contemplates the construction of approximately twenty wells and several thousand feet of large diameter underground drain lines to eliminate surface flooding in the project area. Currently, there are times that large areas of residential complexes are inaccessible because of flooding. The City has recently constructed a new community center in the project area and Miami-Dade Schools is completing construction on BB-l, a kindergarten through eighth grade school, also in the project area. To insure the health and safety of the residents, and the visitors to the area, this project is-essential. Project Objectives: Provide a list of objectives, In bullet format, expected to be achieved as a result of fundinglcompleting this proposed project, . Objective 1: To stop flooding. . Objective 2: Improve Health and Safety . Objective 3: To improve mobility and accessibility in extreme weather conditions. Project Description: Provide a detailed description of the work to be performed for the project. Include maps, drawings etc. to support project activities, Project descriptions should include a specific list of tasks/activities for accomplishing the project. . Please see set of construction drawings. Project Milestones/Deliverables/Outputs: Identify by task/activity (as listed under Project Description), start date, and completion date. Clear cells in table below header row before beginning to add data. Identify outputs/deliverables to result from this project. (Examples include: reports (progress, draft project report, final project report), manuals, videos, maps, BMPs installed. meetings, field days, issued permits, progress reports, quality assurance plans, etc.) Identify dates for providinglcompleting the outputs/deliverables on a schedule based on the date of agreement execution. Format should appear as follows: DEP Agreement #####, Attachment A, Page 1 of ~ Deliverable/Output No. Task! Activity Start Complete Deliverables/Outputs Due Dates Description 1 Design 2004 2007 Construction 2007-2008 Improvements Specifications and Plans 2 Begin Soft Digs May, July, 2008 Locates of Utility July, 2008 2008 Conflicts 3 Begin Construction July, December, Complete Construction December, 2009 2008 2009 of New Drainage System Project Budget: Detailed budgets must be submitted to support the budget information summarized in this section. Detailed budgets should be developed on a task-by-task basis, Budget information supporting all match expected for this project must also be provided. Project Funding Activity Matching Funds and Source DEP Grant Funding Funding Source of Funds Professional Services: 700,000 FY 2007/08 Budget & Prior Construction & Demolition: DEP LP6013 400,000 2,500,000 Miami-Dade County GOB DEP LP6786 500,000 3,850,000 City Storm water Fund DEP LP 8978 250,000 Land: Equipment: Other (list): Other (list): Total: $1,150,000 Total Project Cost: $8,200,000 % 1\1atch Required: 50 Amount of Match: 7,050,000 Project Budget Narrative: Provide budget detail for each Project Funding Activity stated above for both DEP Funding and Match. Professional Ser~'ices: What services will be subcontracted? Construction & Demolition: What is being constructed, rehabilitated, expanded, etc? Land: What size is the property? What is its use? Equipment: What equipment will be purchased? Equipment is $1,000 or more per unit cost. Other: List the service or category of expenditure, What are the funds for? NOTE: IF THERE IS MATCH, THE SAME DET AIL MUST BE PROVIDED FOR THE MATCH. Total Budget by Task: This should correspond with the tasks/activities identified and described above, DEP Grant Funding Matchinl,! Funds and Source Task Matchin!! Funds Source of Funds 1 Professional Services 700,000 City CIP/Stormwater Fund 2 Construction & Demolition 1,150,000 2,500,000 Miami-Dade County GOB 3,850,000 City Storm water Fund 6 Total: 1,150,000 7,050,000 Project Total: $8.200,000 4110 {Jli(~t DEP Agrecment #####, Attachmcnt A, Page 2 of ~ IVleasures of Success: Identify factors that can be used to evaluate project performance! outcomes to support project success. Include appropriate timelines for conducting such reviews. Project will be inspected and managed by professional engineers, and all work will comply with the plans and specifications, which in turn are based on accepted industry standards, Daily logs are being kept, as are all testing results. Note that any changes to the Grant Work Plan Project Budget (of more than 10% in any line item), scope of work, or timelines shall require Department approval and amendment to the grant agreement. DEP Agreement #####, Attachment A, Page 3 of ~ A TT ACHMENT B Disbursement Request Package Legislative Projects (LP) Grants 1. 2, 3, 4, Grantee/Recipient Project Number CITY QF SUNNY ISLES BEACH LP8978 Date of Request Required Match % Disbursement Request Number Type of Request: Partial D D Final 5, Federal Employer Identification Number 6. Mail D EFT D Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) 1. Professional Services (attach invoices) $ 2, Construction and Demolition (attach invoices) 3. Equipment (attach invoices) 4, Land (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 of Invoice 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. ** SUB:\-IIT QNE ORIGINAL COpy QF THIS FQRM AND SUPPORTING DQCUMENT ATION TQ: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No, LP8978, Attachment B, Page I of 3 Grant Manager's Certification of Disbursement Request I, (name of Grantee's Grant Manager designated in the Agreement) on behal f of , do hereby certi fy that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page I of this form is for allowable costs for the project described in the Agreement; 2, Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records; 3, The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts; 4, All funds received to date have been applied toward completing the project; and 5. All permits and approvals required for the construction which is underway have been obtained, ( Signature of Grant Manager) (Date) DEP Agreement No, LP8978, Attachment B, Page 2 of 3 I 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: I, 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 Chapter 62-600 or Chapter 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 Finn or Affiliation (Date) (P,E, Number) DEP Agreement No, LP8978, Attachment B, Page 3 of 3 ATTACHMENT C PROGRESS REPORT FORM DEP Agreement No.: LP8978 Grantee Name: CITY OF SUNNY ISLES BEACH Grantee Address: Grantee's Grant Manager: I Telephone No.: I Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. LP8978, Attachment C, Page 1 of2 (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 Jaring the project budget to actual costs to date. Expenditures Prior to this Expenditures Total Project Reporting this Reporting Project Funding Budget Categorv Budget Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP8978 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. LP8978, Attachment C, Page 2 of 2 ATTACHMENT D SPECIAL AUDIT ~EQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DE?", "FDE?" 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 OMS Circular A- I 33 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 OMS 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 detennines 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 OMS Circular A-133, as revised, I, In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- I 33, as revised, will meet the requirements of this part. 2. [n 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. I I' 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- I 33, as revised, the cost of the audit mllst 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 httr>://I 2.46.245. I 73/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)(m), Florida Statutes, I, In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of sllch recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 2 I 5.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10,550 (local governmental entities) or ] 0.650 (nonprofit and for-profit DE? Agreement No, LP8978, Attachment D, Page I of 5 organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement, In detennining 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 I; the recipient shall ensure that the audit complies with the requirements of Section 215,97(7), Florida Statutes, This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3, I f 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 2 I 5,97, 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 resourccs obtain cd from other than State entities), 4, For infonnation regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should access the Florida Single Audit Act website located at https:l/apps,tldfs,com/fsaa for assistance, In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index .cfm, State of Florida's website at http://www,mvtlorida.com/, Department of Financial Services' Website at http://www.tldfs,coml and the Auditor General's Website at http://www.state.tl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (iYOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i e" the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements), Pursuant to Section 215,97 (8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the fii/l 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 directlv to each of the following: A. The Department of Environmcntal Protection at the following addrcss: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)( I) and (2), OMS Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 120 I East 10th Street Jeffersonville, IN 47132 DEP Agreement No, LP8978, Attachment D, Page 2 of 5 ... C. Other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (f), OMB Circular A-133, as revised, 2. Pursuant to Section ,320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320( c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3, Copies of financial reporting packages required by P ART 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 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40 I, Claude Pepper Building III 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 behalfofthe recipient directlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 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) o~ 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, 6. Recipients, when submitting tinancial 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. LP8978, Attachment D, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years trom 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 trom the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DE? Agreement No. LP8978, Attachment D, Page 4 of 5 I t: Q:l - - x "" o :?: ::: o .....l .....l o w.. W ::r: """"" w.. o """"" (/) (/) z o u """"" z W ..". L. W W ~ o < (/) ...,... ..... """"" o """"" """"" z < ;::) (/) ~ ::::J C-. """"" Z w C-. 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Oil < 0... u.J o ATTACHMENT E ADVANCE PAYMENT - INTEREST EARNED MEMORJ\.NDUM 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 unuscd portion of the advanced funds and/or intercst duc, advance approval of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no latcr 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 l'vlanager'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 tennination 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 I, 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 arc 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 q uarterl y 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, lfyou have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section, DEP Agreement No, LP8978, Attachment E, Page 1 of I 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 Aoorooriation Cateaories 05XXXX or 14XXXX) A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis, Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P,O, Box 3070 Tallahassee, Florida 32315-3070 B. A letter requesting advance payment from the recipient, on its letterhead, must be attached. . DEP 55-222 (03-02) DEP Agreement No, LP8978, Attachment F, Page 2 of 3 ~ .. 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample summary format is provided below, The summary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Third Quarter Fourth Quarter Quarter Salaries (identifv oersonnel/titles) Frinqe Benefits Contractual Services (list services and estimated costs) Equipment (identify each item and cost) Suoolies Travel Other (soecifv) 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 time, By: Type Name of Signatory: Date Title: Chief Financial Officer or desionee DEP Proaram Area Review/Approval Recommendation: D Approve Request D Deny Request By: Type Name of Signatory: Date Title: Bureau: DiviSion: The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review and leaislature consultation as aopropriate, Bureau of Finance & Accounting Use Only DEP 55-222 (03-02) DEP Agreement No, LP8978, Attachment F, Page 3 of 3