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HomeMy WebLinkAbout2014-148A TRUE COPY ,,ERTIFICATION ON LAST PAGE J.R. SMITH, CLERK DEP AGREEMENT NO. S0733 ` 0/ T/moo ! L/ STATE OF FLORIDA GRANT AGREEMENT ment.ANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department') and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1801 271 Street, Vero Beach, Florida 32960 (hereinafter referred to as "Grantee"), local government, to provide financial assistance for the Egret Marsh Stormwater Park Harvest Rake Replacement. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", and 'Recipient' are used interchangeably. This Agreement shall begin upon execution by both parties and remain in effect for a period of six (6) months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $175,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of deliverables identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than sixty (60) days following the completion date of the Agreement, to assure the availability of funds for payment. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: i. E uipment — (Capital outlay costing $1,000 or more) — Reimbursement for the purchase of equipment is subject to specific approval of the Department. Include copies of invoices or receipts to document purchases, and a properly completed Attachment D, Property Reporting Form. DEP Agreement No. 50733, Page 1 of 7 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK D. In addition to the invoicing requirements contained in paragraphs 3.13. and C. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference`/`5Fguide. E. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by - program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. 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 DEP Agreement No. S0733, Page 2 of 7 A TRUE COPD CERTIFICATION ON LASTPAGE a.R. SMITH. CLERK 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 tennination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes. 10. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. DEP Agreement No. S0733, Page 3 of 7 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 11. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:/i'apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. A. The Grantee may not subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. DEP Agreement No. S0733, Page 4 of 7 A TRUE COPY CER i IFICATION ON LAST PAGE J -R, SMITH, CLERK 16. The Department's Grant Managers (which may also be referred to as the Department's Project Manager) for this Agreement are identified below. Sue Leitholf Florida Department of Environmental Protection Florida Coastal Office 3900 Commonwealth Blvd., MS #235 Tallahassee, Florida 32399 Telephone No.: (85 0) 245-2953 Fax No.: E-mail Address: Susan.Leitholf.Ode .state.fl.us 17. The Grantee's Grant Manager for this Agreement is identified below. Keith McCully, P.E. Indian River County Stormwater 1801 27"' Street Vero Beach, Florida 32960 Telephone No.: (772) 226-1562 Fax No.: (772) 778-9391 E-mail Address: kmccullypircgov.com 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the its employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 19. The Grantee shall secure and maintain Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $300,000 occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or anyone directly or indirectly employed by him. A. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or by anyone directly, or indirectly employed by him. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non -owned Liability Coverage B. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice (with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. DEP Agreement No. S0733, Page 5 of 7 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLEPK 20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 21. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non -expendable personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment F, Property Reporting Form, DEP 55-212, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the non -expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non -expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non -expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 22. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 24. Land acquisition is not authorized under the terms of this Agreement. 25. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. DEP Agreement No. S0733, Page 6 of 7 IN WITNESS WHEREOF, the last written below. . �y v ;•v, J INDIAN RIVER COUNTY BOARlitV COUNTY COMMISSIONERS*i s B tl tv -Q'I N.M.• Chairman, Pete D. O'$ryan FEID No.: 59-6000674 A TRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK this Agreement to be duly executed, the day and year i kTATE OF FLORIDA DEPARTMENT OF ANVIRONMENTAL PROTECTION MR Secretary or designee Date: Sue Leitholf, DEP Grant Manager ,'11; , ' -'Al G uU l Off{ -- DEP Contracts Administrator App oved as to form and legality: / ' , DdP Att rney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ AND tir-GAL. Type Number Description (include number of pages) Attachment A Grant Work Plan (1 Page) Attachment B Payment Request Summary Form (2 Pages) Attachment C FEID No.: 59-6000674 A TRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK this Agreement to be duly executed, the day and year i kTATE OF FLORIDA DEPARTMENT OF ANVIRONMENTAL PROTECTION MR Secretary or designee Date: Sue Leitholf, DEP Grant Manager ,'11; , ' -'Al G uU l Off{ -- DEP Contracts Administrator App oved as to form and legality: / ' , DdP Att rney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (1 Page) Attachment B Payment Request Summary Form (2 Pages) Attachment C Contract Payment Requirements 0 Page) Attachment D Progress Report Form (1 Page) Attachment E Special Audit Requirements (5 Pages) Attachment F Property Reporting Form (I Page) DEP Agreement No. S0733, Page 7 of 7 A TRUE COPY ,ERTIFICATION ON LAST PAGE J,R. SMITH, CLERK ATTACHMENT A GRANT WORK PLAN Project Title: Egret Marsh Stormwater Park Harvest Rake Replacement Project Location: 7295 4TH Street, Vero Beach, Indian River County, Florida 32968. Egret Marsh Stormwater Park treats water contributed by a 9,000 -acre agricultural drainage basin, a part of the approximately 50,000 acre Indian River Farms Water Control District, which discharges into the Indian River Lagoon. The Hydrologic Unit Code for the Indian River Lagoon is 03080203. Project Background: This project will replace the existing algae Harvest Rake at Egret Marsh Stormwater Park (Egret Marsh). Egret Marsh is a regional stormwater treatment facility that uses algae to remove dissolved nitrogen and phosphorus from water in the Indian River Farms Water Control District's (IRFWCD) Lateral D Canal, serving an approximate 9,000 acre watershed that discharges into the Indian River Lagoon. Periodically, algae growing on Egret Marsh's flow way must be harvested to remove captured nutrients from the system and to facilitate growth of new algae for further nutrient uptake. The harvested algae is collected by the Harvest Rake and deposited onto a concrete pad for further processing. Since the original Harvest Rake was installed, the manufacturer, Duperon Corporation, has developed a new Harvest Rake design based on recommendations from County staff's experienced with the original design. The original Harvest Rake is very prone to clogging due to its rotation - it rotates against the algae flow into it rather than with it. Because of resultant algae wrapping and clogging, significant staff time is required to babysit the Harvest Rake during harvest events. The rake frequently becomes clogged and when this occurs, significant amounts of algae bypass the Harvest Water Basin and flow into the Polishing Pond System. The cumulative Polishing Pond volume is slowly being compromised by the unnecessary algal flow into it. Duperon's new Harvest Rake design works with, not against the flow of algae into it, and the new design is expected to significantly reduce the possibility of clogging. This means that nearly all algae bypass issues will be eliminated, which will allow the Polishing Ponds to function as intended for a much longer period and also improve the wildlife habitat potential in and around the ponds due to a lowered pollutant load to them. Because algal removal rates will increase during harvest events with the implementation of the new Harvest Rake design, the Indian River Lagoon (IRL) will ultimately benefit since all water treated at Egret Marsh flows into the IRL. Project Description: The new Harvest Rake will replace an existing Harvest Rake that to collects harvested algae from Egret Marsh Stormwater Park's algal turf scrubber. The existing Harvest Rake will be removed from the harvest tank by a large crane and the new Harvest Rake will be installed in the same location using the same crane. The new Harvest Rake will be operated using the existing control system. TASK 1: Procurement of new Harvest Rake by Indian River County. Deliverable: Color photograph(s) of the Harvest Rake upon delivery. Timeline for Completion: 6 months from the date the County orders the new Harvest Rake from Duperon Corporation. Equipment Cost: $175,000 (DEP Funding) Performance Standard: The Department's Grant Manager will review the photograph(s) to ensure the Harvest Rake was purchased and received. Revised 6/13 DEP Agreement S0733, Attachment A, Page 1 of 1 A TRUE COPY CERTIFICATION ON LAS1 Pai, ATTACHMENT B J.R. SMITH, CLERK PAYMENT REQUEST SUMMARY FORM Grantee: Mailing Address: DEP Agreement No.: S0733 Date Of Request: Task/Deliverable Amount Requested:$ Grantee's Grant Manager: Payment Request No.: Performance Period: Task/Deliverable No.. GRANT EXPENDITURES SUMMARY SECTION MRpt-tiue T)ntP of (;rant thrnnoh Fnd-nf-Grant Period] CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST v TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $N/A $N/A SN/A $N/A Fringe Benefits SN/A $N/A $N/A $N/A Travel (if authorized) $N/A $N/A $N/A $N/A Subcontracting: Planning $N/A $N/A $N/A $N/A Design $N/A $N/A $N/A $N/A Construction $N/A $N/A $N/A $N/A Equipment Purchases $ $ $ $ Supplies/Other Expenses $N/A $N/A $N/A $N/A Land $N/A $N/A $N/A $N/A Indirect $N/A $N/A SN/A $N/A TOTAL AMOUNT S $ S $ TOTAL TASK/DELIVERABLE BUDGET AMOUNT S $ $ Less Total Cumulative Payment Requests of: $ TOTAL REMAINING IN TASK $ $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized Grantee's Grant Manager's Signature Print Name Telephone Number DEP 55-223 (03/12) DEP Agreement No. S0733, Attachment 13, Page 1 of 2 for the above cited grant activities. Grantee's Fiscal Agent Print Name Telephone Number A TRUE COPY CERTIFICATION ON LAST P.,i-. J.R. SMITH, CLERK INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASKIDELIVERABLE BUDGETAMOUNT" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP 55-223 (03/12) DEP Agreement No. S0733, Attachment B, Page 2 of 2 i RJE C©PY �JL,RTTICATIION ON LRSTPAGE ATTACHMENT C ,! R.'MITH, CLERK Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http•//www.fldfs.com/aadir/reference euide.htm DEP 55-219 (05/2008) DEP Agreement No. S0733, Attachment C, Page 1 of 1 A T RUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: S0733 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The followinL, format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0733 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager DEP Agreement No. S0733, Attachment D, Page 1 of I Date a TRUE COPY ;; iI I;FICATION ON LAST PAGE �i'AITH. CLERK ATTACHMENT E REVISED SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", 'DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 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 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/efda/cfda.html. DEP Agreement No. S0733, Attachment E, Page 1 of 5 TRJE CORY 'ERT'FICATION ON LASTPASE ,IHMITH, CLERK PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:Happs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfml State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/aud.gen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck 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 fidl cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. 50733, Attachment E, Page 2 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSu1QleAudit(adep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http:/iharvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FD EPSin gl eAuditndep.state. fl. us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSineleAudit@ dep. state.fl.us DEP Agreement No. S0733, Attachment E, Page 3 of 5 A TRUE COPY ,ER T TICATION ON LAST PAGE R. SMITH, CLERK 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 Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit ,dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, 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. 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. 50733, Attachment E, Page 4 of 5 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following: Matching Resources for Federal Pro rams: Federal Program CFDA Number Federal Agency Number CFDA Title State Appropriation Funding Amount Category CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Revenue Fund, Line Item 1668A State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program Number Federal Agency CFDA CFDA Title State Appropriation Funding Amount Category CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Revenue Fund, Line Item 1668A State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Revenue Fund, Line Item 1668A 2014-2015 37.039 Statewide Surface Water Restoration and Wastewater Project $175,000.00 140047 Total Award 1 $175,000.00 , For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. S0733, Attachment E, Page 5 of 5 C-- C-3 r. 1v rn --� cn q C= �-rm s o C'D O -< r` Z rri o = z r— a cry m ATTACHMENT F PROPERTY REPORTING FORM FOR DEP AGREEMENT NO. 50733 (For Property With Grantee/ Contractor Assigned Property Control Numbers) GRANTEE/CONTRACTOR: List non -expendable equipment/personal property* costing $1,000 or more purchased under the above Contract. Also list all upgrades* under this contract, costing $1,000 or more, of property previously purchased under a DEP contract (identify the property upgraded and the applicable DEP contract on a separate sheet). Complete the serial no./cost, location/address and property control number columns of this form. The Grantee/Contractor shall establish a unique identifier for tracking all personal property/equipment purchased under this Contract and shall report the inventory of said property, on an annual basis, to the Department's Project Manager, by DEP Contract number, no later than January 3151 for each year this Contract is in effect. DESCRIPTION SERIAL NO./COST** LOCATION/ADDRESS GRANTEE/CONTRACTOR ASSIGNED PROPERTY CONTROL NUMBER *Not including software. **Attach copy of invoice, bill of sale, or other documentation to support purchase. GRANTEE/CONTRACTOR: Grantee's/Contractor's Project Manager: Date: DEP CONTRACT MANAGER: DEP Contract Manager Signature: BELOW FOR DEP USE ONLY MAINTAIN THIS DOCUMENT WITH A COPY OF THE INVOICES SUPPORTING THE COST OF EACH ITEM IDENTIFIED ABOVE IN YOUR CONTRACT FILE. IF THE CONTRACT IS A COST REIMBURSEMENT CONTRACT, MAKE SURE TO SEND INVOICES SUPPORTING THE COST OF THE ITEMS TO FINANCE AND ACCOUNTING FOR THE PROCESSING OF THE GRANTEE'S/CONTRACTOR'S INVOICE FOR PAYMENT. REFER TO DEP DIRECTIVE 320 FOR PROPERTY GUIDELINES. DEP FINANCE AND ACCOUNTING: No processing required by Finance & Accounting as the Grantee/Contractor upon satisfactory completion of the Contract. DEP PROPERTY MANAGEMENT: No processing required by the Property Management section as the Zratisfactory completion of the Contract. ,�}° DEP 55-212 (03-02) DEP Agreement No. 50733, Attachment F, Page 1 of 1 Date: for retaining ownership of the equipment/property ownership of the equipment/property upon STATE Of FLORIDA 1♦; INDIAN RIVE COU THIS 18 TO TI COPY OF DATE