HomeMy WebLinkAbout2009-325 DEP AGREEMENT NO , 60182
AMENDMENT NO . 2
THIS AGREEMENT as entered into on the 11 ' x' day of April , 2006 and amended on the 3 `d day of October,
2006 , between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ( hereinafter
referred to as the " Department" or "DEP ") and the INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS ( hereinafter referred to as the "Grantee " or " Recipient" ) is hereby amended.
WHEREAS , severe ct;ought conditions in Central and South Florida have caused a delay in the completion
of the project requiring a time extension ; and ,
WHEREAS , the Grantee has requested and the Department has agreed to a no cost time extension
to
perform more water quality sampling for the proper completion of the project; and ,
WHEREAS , other changes to the Agreement are necessary .
NOW , THEREFORE , the parties hereto agree as follows :
- Paragraph 2 is revised to change the completion date of the Agreement to February 10 , 2011 .
- Paragraph 3 is hereby deleted in its entirety and replaced with the following :
3 . A . As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed
$725 , 500 toward the total project cost described in Attachment A . Prior written approval from
the Department ' s Grant Manger shall be required for changes between budget categories up to
10% of the total budget amount . The DEP Grant Manager will transmit a copy of the written
approval and revised budget to the DEP Procurement Office and the DEP Contracts
Disbursements Office for inclusion in the Agreement file . Changes greater than 10% will require
a formal change order to the Agreement. Any change in the budget that increases or decreases the
total funding amount will require a formal amendment to the Agreement.
B . The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
receipt and acceptance of a properly completed Attachment B , Payment Request Summary
Form. The Grantee shall submit the Payment Request Summary Form to the Department on a
quarterly basis . A final payment request must be submitted to the Department no later than thirty
( 30 ) days following the completion date of the Agreement, to assure the availability of funds for
payment. Each payment request submitted shall document all matching funds and/or match
efforts ( i . e . in- kind services) provided during the service period covered by each request. The
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 :
1 . Salaries/Wages — The Grantee shall not be reimbursed for direct salaries or multiplier
( i . e , , fringe benefits , overhead , and/or general and administrative rates ) for Grantee ' s
employees . However, the Grantee may document these expenditures for meeting its
match requirements .
2 . Overhead/ Indirect/General and Administrative Costs — All multipliers used ( i . e . , fringe
benefits , overhead , and/or general and administrative rates ) shall be supported by audit.
If the Department determines that multipliers charged by the Grantee exceeded the rates
supported by audit , the Grantee shall be required to reimburse such funds to the
DEP Agreement No . G0182 , Amendment No . 2 , Page 1 of 5
Department within thirty ( 30 ) days of written notification . Interest on the excessive
charges shall be calculated based on the prevailing rate used by the State Board of
Administration .
a . Fringe Benefits — Shall not be reimbursed under this Agreement.
b . Indirect Cost — Shall not be reimbursed under this Agreement, but may be used by
the Grantee as a matching contribution .
3 . Contractual ( Subcontractors ) - Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee . Subcontracts that involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
project . All multipliers used ( i . el fringe benefits , overhead, and/or general and
administrative rates ) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty ( 30 )
days of written notification . Interest on the excessive charges shall be calculated based
on the prevailing rate used by the State Board of Administration . Reimbursement of
fixed price subcontracts approved by the Department shall be documented by copies of
the paid invoices .
4 . Travel — The Grantee will not be reimbursed for travel expenses under this Agreement.
5 . Equipment — The Grantee will not be reimbursed for the purchase of non- expendable
equipment costing $ 1 , 000 or more under the terms and conditions of this Agreement.
6 . Rental/ Lease of Equipment — Include copies of invoices or receipts to document charges .
7 . Other Expenses — e . g . , Materials , supplies , phone , reproduction, mailing , and other
expenses must be documented by itemizing and including copies of receipts or invoices .
C . In addition to the invoicing requirements contained in paragraph 3 . 13 . above , the Department will
periodically request proof of a transaction (invoice , payroll register, etc . ) to evaluate the
appropriateness of costs to the agreement pursuant to State and Federal guidelines ( including cost
allocation guidelines ) , as appropriate . When requested, this information must be provided within
30 calendar days of such request. The Grantee may also be required to submit a cost allocation
plan to the Department in support of its multipliers ( overhead, indirect, general administrative
costs , and fringe benefits) . All bills for amounts due under this Agreement shall be submitted in
detail sufficient for a proper pre- audit and post- audit thereof. State guidelines for allowable costs
can be found in the Department of Financial Services ' Reference Guide for State Expenditures at
http : //www . tldfa . com/aadir/reference `%, SFguide ; allowable costs for Federal Programs can be
found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74 , at
http : /% w_ww%access . �t)o . roe, v/nara/cfr/cfr- table - search . html and OMB Circulars A - 87 ( 2 CFR 225 ) ,
A - 122 ( 2 CFR 230 ) , A -21 (2 CFR 220 ) ; and administrative requirements can be found in OMB
Circulars A - 102 and A - I10 ( 2 CFR 215 ) at
http : /%www . whitehouse . gov/onib/circulars%index . html# numerical .
D . The parties hereto understand and agree that this Agreement does require a cost sharing or match
on the part of the Grantee . The Grantee is responsible for providing $ 3 , 298 ,475 in cash or third
party in -kind , towards the work funded under this Agreement. All cost sharing/match shall meet
the federal requirements established in 40 CFR Part 30 , 40 CFR Part 31 and OMB Circulars A- 87
( 2 CFR 225 ) , A - 122 ( 2 CFR 230 ) and A -21 ( 2 CFR 220 ) , as apphicable .
DEP Agreement No . GO ] 82 , Amendment No . 2 , Page 2 of 5
F . Allowable costs will be determined in accordance with the cost principles applicable to
the
organization incurring the costs . For purposes of this Agreement, the following cost principles are
incorporated by reference .
Organization Type Applicable Cost Principles
State , local or Indian tribal government. OMB Circular A - 87 ( 2 CFR 225 )
Private non-profit organization other than ( 1 ) an OMB Circular A- 122 ( 2 CFR 230 )
institution of higher education, ( 2 ) hospital , or ( 3 )
organization named in OMB Circular A - 122 as not
subject to that circular .
Education Institutions OMB Circular A - 21 ( 2 CFR 220 )
For-profit organization other than a hospital and an 48 CFR Part 31 , Contract Cost Principles
organization named in OMB A- 122 as not subject and Procedures , or uniform cost
to that circular. accounting standards that comply with cost
principles acceptable to the federal agency .
Hospital 45 CFR Subtitle A - Appendix E to Part
74 - Principles for Determining Costs
Applicable to Research and Development
Under Grants and Contracts with
Hospitals .
F . The table below identifies the funding supporting this Agreement and EPA Grants providing the funds .
EPA Grant Number CFDA Program Title Funding
Amount
C9 - 99451505 - 0 66 . 460 Nonpoint Source Implementation $ 725 , 500 . 00
Grants
Total Funding : $ 725 , 500 . 00
- - Paragraph 5C is hereby deleted in its entirety and replaced with the following :
C Pursuant to EPA Order 1000 . 25 , dated January 24 , 1990, the Grantee agrees to use recycled paper
for all reports which are prepared as a part of this Agreement and delivered to the Department.
This requirement does not apply to reports which are prepared on forms supplied by EPA . This
requirement applies even when the cost of recycled paper is higher than that of virgin paper . Any
State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation
and Recovery Act ( RCRA ) ( 42 U . S . C . 6962 ) . Regulations issued under RCRA Section 6002
apply to any acquisition of an item where the purchase price exceeds $ 10 , 000 or where
the
quantity of such items acquired in the course of the preceding fiscal year was $ 10 , 000 or more .
RCRA Section 6002 requires that preference be given in procurement programs to the purchase of
specific products containing recycled materials identified in guidelines developed by EPA . These
guidelines are listed in 40 CFR 247 .
- Paragraph 71) , the Florida Statute Section number is hereby number is hereby changed to 119 . 07 ( 1 )( a ) .
- - Paragraph 10 is hereby revised to add the following language as subparagraph C :
C . In addition, the Grantee agrees to complete and submit the Certification of Applicability to
Single Audit Act Reporting, Attachment L , attached hereto and made a part hereof, within four
( 4 ) months following the end of the Grantee ' s fiscal year . Attachment L should be submitted to
the Department ' s Grants Development and Review Manager at 3900 Commonwealth Boulevard,
Mail Station 93 , Tallahassee , Florida 32399 - 3000 . The Grants Development and Review
Manager is available to answer any questions at ( 850 ) 245 - 2361 .
DEP Agreement No , 60182 , Amendment No . 2 , Page 3 of 5
Paragraph 14 is hereby revised to delete the suncom numbers from the Agreement.
Paragraph 15 is hereby revised to change the telephone number to ( 772 ) 226 - 1562 .
Paragraph 20 is hereby deleted in its entirety and replaced with the following :
20 . 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 .
- - Attachment A , Project Milestones table is hereby deleted in its entirety and replaced with the following :
PROJECT MILESTONES :
Task Activity Start Complete
1 Surveying and Modeling Complete Complete
2 Quality Assurance Project Plan ( QAPP ) Month 3 Month 6
3 Constriction Plans and Permitting Month I Month 8
4 Constriction Month 10 Month 22
5 Public Involvement Month 1 Month 23
6 Effectiveness Evaluation ( Water Quality Monitoring ) Month 24 Month 55
7 Preliminary Project Report Month 35 Month 55
8 Final Project Report Month 55 Month 58
- Attachment C , Contract Payment Requirements is hereby deleted in its entirety and replaced with
Attachment C4 , Revised Contract Payment Requirements , attached hereto and made a part of the
Agreement . All references in the Agreement to Attachment C shall hereinafter refer to Attachment C - I ,
Revised Contract Payment Requirements ,
Attachment E - 1 , Revised Special Audit Requirements is hereby deleted in its entirety and replaced with
Attachment E -2 , Second Revised Special Audit Requirements , attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment E- 1 shall hereinafter refer to Attachment E -2 ,
Second Revised Special Audit Requirements .
- Attachment J, Contract Provisions is hereby deleted in its entirety and replaced with Attachment
J4 ,
Revised Contract Provisions , attached hereto and made a part of the Agreement. All references in the
Agreement to Attachment J shall hereinafter refer to Attachment J- I , Revised Contract Provisions .
- - Attachment K . Regulations is hereby deleted in its entirety and replaced with Attachment K4 , Revised
Regulations , attached hereto and made a part of the Agreement . All references in the Agreement
to
Attachment K shall hereinafter refer to Attachment K4 , Revised Regulations .
- - Attachment L, Certification of Applicability to Single Audit Act Reporting, attached hereto is hereby
added to the Agreement .
In all other respects , the Agreement of which this is an Amendment, and attachments relative thereto , shall
remain in frill force and effect.
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DEP Agreement No , G0182 , Amendment No . 2 , Page 4 of 5
IN WITNESS WHEREOF , the parties have caused this Amendment to be duly executed the day and year
last written below .
INDIANRNE 444CO[NTY BOARD OF STATE OF FLORIDA DEPARTMENT OF
COUITrCOMMISSID.NERS ENVIRONMENTAL PROTECTION
B� y . =
Peter G . O ' E? "�j`iar3 , Secreta r or Designee
Date : ,December 1% 51 2009 Date :
/ kon
Tauf�qul A, DEP Grant Manager
APPROVED AS TO FORM DEP Contracts Administrator
AND LEGAL SUFFICIENCY
!� J Approved as to form and legality :
WILLIAM G . COLLINS 11 V
COUNTY ATTORNEY
DEP Attorney
* For Agreements with governmental boards/commissions : If someone other than the Chairman signs this
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of
the Grantee must accompany the Amendment.
List of attachments/exhibits included as part of this Amendment:
Specify Type Letter/Number Description ( include number of pages )
Attachment C - 1 Revised Contract Payment Requirements ( 1 Page )
Attachment E - 2 Second Revised Special Audit Requirements ( 5 Pages )
Attachment J - 1 Revised Contract Provisions ( 4 Pages)
Attachment K- 1 Revised Regulations ( 1 Page )
Attachment L Certification of Applicability to Single Audit Act Reporting ( I Page )
DEP Agreement No . GO 182 , Amendment No . 2 , Page 5 of 5
ATTACHMENT CA
Revised 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 fi- inge
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 . tldfs . com/ aadir/reference guide . htm
DEP 55 - 219 ( 05 /2008 )
DEP Agreement No . G0182 , Attachment G1 , Page I of 1
ATTACHMENT E - 2
SECOND REVISED SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which nrav he 14ele1414e(/ to
as the "19cpartnicia ", "DEP ", "FDF. P " or "Grantor ", or other• ncnne in the contractlagreenierit) to the recipient
(which nrav he referred to cis the "Contractor ", Grantee " or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A - 133 and Section 215 . 97 , F . S
. , as
revised ( see "AUDITS " below ) , monitoring procedures may include , but not be limited to , on-
site visits by
Department staff, limited scope audits as defined by OMB Circular A - 133 , as revised, and/or other procedures . By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection . In the event
the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate , the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit . The recipient further agrees to comply and cooperate with any inspections , reviews , investigations ,
or
audits deemed necessary by the Chief Financial Officer or Auditor General .
AUDITS
PART 1 : FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in
OMB
Circular A - 133 , as revised .
1 . In the event that the recipient expends $ 500 , 000 or more in Federal awards in its fiscal year, the
recipient
must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular
A - 133 , as revised . EXHIBIT I to this Attachment indicates Federal funds awarded through the Department
of' Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards , including Federal resources received from
the Department of Environmental Protection . The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A - 133 , as revised . An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133 ,
as revised , will meet the requirements of this part .
2 . In connection with the audit requirements addressed in Part I, paragraph 1 , the recipient shall
fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A - 133
, as
revised .
3 . If the recipient expends less than $ 500 , 000 in Federal awards in its fiscal year, an
audit conducted in
accordance with the provisions of OMB Circular A - 133 , as revised , is not required . In the event that the
recipient expends less than $ 500 , 000 in Federal awards in its fiscal year and elects to
have an audit
conducted in accordance with the provisions of OMB Circular A - 133 , as revised, the cost of the audit must
be paid from non- Federal resources ( i . e . , the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities ) .
4 . The recipient may access information regarding the Catalog of Federal Domestic Assistance ( CFDA ) via
the inter ict at http : //I 2 . 46 . 245 . 173/efda/cfda . htnil .
D [T 55 - 215 (03/09 )
DEP Agreement No . G0182 , Attachment E - 2 , Page I of 5
PART II : STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215 . 97 ( 2 )( m ) , Florida Statutes
.
1 . In the event that the recipient expends a total amount of state financial assistance equal to or in excess
of
$ 500 , 000 in any fiscal year of such recipient, the recipient must have a State single or project- specific audit
for such fiscal year in accordance with Section 215 . 97 , Florida Statutes ; applicable rules of the Department
of Financial Services ; and Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit and for- profit
organizations ) , Rules of the Auditor General . EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement . In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance , including state financial assistance received from the Department of
Environmental Protection , other state agencies , and other nonstate entities . State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements .
2 . In connection with the audit requirements addressed in Part II , paragraph 1 ; the recipient shall ensure that
the audit complies with the requirements of Section 215 . 97( 7 ) , Florida Statutes . This includes submission
of a financial reporting package as defined by Section 21597 (2 ) , Florida Statutes , and Chapters 10 . 550
( local governmental entities ) or 10 . 650 ( nonprofit and for-profit organizations ) , Rules of the
Auditor
General .
3 . If the recipient expends less than $ 500 , 000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215 . 97 , Florida Statutes , is not required . In the event that the
recipient expends less than $ 500 , 000 in state financial assistance in its fiscal year, and elects to
have an
audit conducted in accordance with the provisions of Section 215 . 97 , Florida Statutes , the cost of the audit
must be paid from the non - state entity ' s resources ( i . e . , the cost of such an audit must be
paid from the
recipient ' s resources obtained from other than State entities ) .
4 . For information regarding the Florida Catalog of State Financial Assistance ( CSFA ) , a recipient should
access the Florida Single Audit Act website located at littps : //apps . f1dfs . com/Tsaa for assistance .
In
addition to the above websites , the following websites may be accessed for information : Legislature 's
Website at http : //www . le �y . state . fl . us/ Welcome/ index . cfm, State of Florida ' s website at
http : i%www . m�lorida . com% , Department of Financial Services ' Website at http : // www . fldfs . com,% and the
Auditor General ' s Website at http : //www . state . fl . us/auden .
PART III : OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specific tiny 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 rvitb 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 fill event, the State awarding agency must
arrange for funding the full cost of such additional audits .)
PART IV : REPORT SUBMISSION
1 . 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 :
DE : N s5-2 ( 5 ( 03 /09 )
DEP Agreement No . 60182 , Attachment E - 2 , Page 2 of 5
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 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 ht : //harvester . census . g_ov/ fac/
G 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 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
3 . Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following :
A . The Department of Environmental Protection at the following address :
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee , Florida 32399 - 3000
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
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DLP 5 ; -21 > ( 03/09 )
DEP Agreement No . GO 182 , Attachment E - 2 , Page 3 of 5
4 . Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directl to the Department of Environmental Protection at the following address :
Audit Director
Florida Department of 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 ) 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.
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DEP 55- 215 ( 03/09 )
DEP Agreement No . GO 182 , Attachment E - 2 , 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 ient Pursuant to this Agreement Consist of the Following :
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
Original U . S . Environmental 66 . 460 Nonpoint Source Implementation Grants 5725 , 500 . 00 140076
Agreement Protection Agency
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal
Pro rams :
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section
215 .97 , F. S . :
State CSFA Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Total Award 57251500 . 00
For each program identified above , the recipient shall comply with the program requirements described in the Catalog
of Federal Domestic Assistance ( CFDA )
[http : '112 . 46 . 245 . 173 ;cfda/cfda .html ] and/or the Florida Catalog of State Financial Assistance ( CSFA ) [https
: //apps . fldfs . coni/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 55-215 (03/09 )
DEP Agreement No . G0182 , Attachment E-2 , Page 5 of 5
ATTACHMENT J4
Revised Contract Provisions
All contracts awarded by a recipient, including small purchases , shall contain the following provisions
as
applicable :
1 . Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with
Executive Order ( E . O . ) 11246 , " Equal Employment Opportunity , " as amended by E . O . 11375 ,
" Amending Executive Order 11246 Relating to Equal Employment Opportunity , " and as supplemented
by regulations at 41 CFR part 60 , " Office of Federal Contract Compliance Programs , Equal
Employment Opportunity , Department of Labor . "
2 . Copeland " Anti- Kickback " Act ( 18 U . S . C . 874 and 40 U. S . C . 276c) - All contracts and subgrants in
excess of $ 2000 for construction or repair awarded by recipients and subrecipients shall include
a
provision for compliance with the Copeland " Anti - Kickback" Act ( 18 U . S . C . 874) , as supplemented by
Department of Labor regulations ( 29 CFR part 3 , " Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States " ) .
The Act
provides that each contractor or subrecipient shall be prohibited from inducing , by any means ,
any
person employed in the construction , completion , or repair of public work , to give up any part of
the
compensation to which he is otherwise entitled . The recipient shall report all suspected or reported
violations to the Federal awarding agency .
3 . Davis- Bacon Act, as amended (40 U . S . C . 276a to a- 7) - When required by Federal program
legislation , all construction contracts awarded by the recipients and subrecipients of more than $2000
shall include a provision for compliance with the Davis- Bacon Act (40 U . S . C . 276a to
a- 7 ) and as
supplemented by Department of Labor regulations ( 29 CPR part 5 , " Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted Construction " ) . Under this Act,
contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum
wages specified in a wage determination made by the Secretary of Labor . In addition , contractors shall
be required to pay wages not less than once a week. The recipient shall place a copy of
the current
prevailing wage determination issued by the Department of Labor in each solicitation and the award of a
contract shall be conditioned upon the acceptance of the wage determination . The recipient shall report
all suspected or reported violations to the Federal awarding agency . EPA does not consider work
performed under the 319 grants to fall under the definition of construction . Therefore, this
provision does not apply to this specific Agreement .
4 . Contract Work Hours and Safety Standards Act (40 U . S. C . 327-333 ) - Where applicable , all
contracts awarded by recipients in excess of $ 2000 for construction contracts and in excess of $ 2500 for
other contracts that involve the employment of mechanics or laborers shall include a provision for
compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U . S . C .
327 - 333 ) , as supplemented by Department of Labor regulations (29 CFR part 5 ) . Under Section 102 of
the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours . Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay
for all
hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to
construction work and provides that no laborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary , hazardous or dangerous . These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market,
or
contracts for transportation or transmission of intelligence .
5 . Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for
the
performance of experimental , developmental , or research work shall provide for the rights of the Federal
Government and the recipient in any resulting invention in accordance with 37 CFR part 401 , " Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants ,
DEP Agreement No . (10182 , Attachment J - 1 , Page 1 of 4
Contracts and Cooperative Agreements , " and any implementing regulations issued by the awarding
agency .
6 . Clean Air Act (42 U. S . C . 7401 et seq . ) and the Federal Water Pollution Control Act , as amended
(33 U . S . C . 1251 et seq . ) - Contracts and subgrants of amounts in excess of $ 100 , 000 shall
contain a
provision that requires the recipient to agree to comply with all applicable standards , orders or
regulations issued pursuant to the Clean Air Act (42 U . S . C . 7401 et seq . ) and the Federal Water
Pollution Control Act as amended ( 33 U . S . C . 1251 et seq . ) . Violations shall be reported to the
Federal
awarding agency and the Regional Office of the Environmental Protection Agency ( EPA ) .
7 . Byrd Anti- Lobbying Amendment (31 U . S . C . 1352) - Contractors who apply or bid for an award of
$ 100 , 000 or more shall file the required certification . Each tier certifies to the tier above that it will
not
and has not used Federal appropriated funds to pay any person or organization for influencing
or
attempting to influence an officer or employee of any agency , a member of Congress , officer
or
employee of Congress , or an employee of a member of Congress in connection with obtaining any
Federal contract , grant or any other award covered by 31 U . S . C . 1352 . Each tier shall also disclose
any
lobbying with non - Federal funds that takes place in connection with obtaining any Federal award . Such
disclosures are forwarded from tier to tier up to the recipient .
8 . Debarment and Suspension ( E . O . s 12549 and 12689) - No contract shall be made to parties listed on
the General Services Administration ' s List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E . O . s 12549 and 12689 , " Debarment and Suspension . "
This list contains the names of parties debarred , suspended , or otherwise excluded by agencies ,
and
contractors declared ineligible under statutory or regulatory authority other than E . O . 12549 .
Contractors with awards that exceed the small purchase threshold shall provide the required certification
regarding its exclusion status and that of its principal employees .
9 . Section 508 of the Federal Water Pollution Control Act , as amended (33 U . S . C . 1368) and Section
1424 ( e) of the Safe Drinking Water Act (42 U . S . C . 300h-3 ( e)) - Contracts and subgrants of amounts
in excess of $ 100 , 000 shall contain a provision that requires the recipient to agree to comply with
all
applicable standards , orders or regulations issued pursuant to Section 508 of the Federal Water Pollution
Control Act , as amended ( 33 U . S . C . 1368 ) and Section 1424(e) of the Safe Drinking Water
Act (42
U . S . C . 300h-3 (e )) . Violations shall be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency ( EPA ) .
10 . Compliance with all Federal statutes relating to nondiscrimination - These include but are
not
limited to : (a ) Title VI of the Civil Rights Act of 1964 ( P . L . 88 - 352 ) , which prohibits discrimination on
the basis of sex ; (b) Section 504 of the Rehabilitation Act of 1973 , as amended (29 U . S . C . 795 ) ,
which
prohibits discrimination on the basis of handicaps ; ( c ) the Age Discrimination Act of 1975 , as amended
(42 U . S . C . 6101 - 6107 ) , which prohibits discrimination on the basis of age ; (d) the Drug Abuse Office
and Treatment Act of 1972 ( P . L . 92 -255 ) , as amended , relating to nondiscrimination on the
basis of
drug abuse ; (e ) the Comprehensive Alcohol Abuse and Alcoholism Prevention , Treatment and
Rehabilitation Act of 1970 ( P . L . 91 - 616 ) , as amended , relating to nondiscrimination on the
basis of
alcohol abuse or alcoholism , ( f) Sections 523 and 527 of the Public Health Service Act of
1912 ( 42
U . S . C . 290 dd - 3 and 290 ee - 3 ) , as amended , relating to confidentiality of alcohol and drug abuse patient
records ; ( g) Title VIII of the Civil Rights Act of 1968 (42 U . S . C . 3601 et seq . ) , as amended ,
relating to
nondiscrimination in the sale , rental or financing of housing ; (h) any other nondiscrimination provisions
in the specific statute ( s) made ; and , ( i ) the requirements of any other nondiscrimination statute ( s )
that
may apply .
11 . Compliance with the requirements of Titles H and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 ( P . L . 91 -646) that provide for fair and
equitable
treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted
programs . These requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases .
DEP Agreement No . GO 182 , Attachment J - 1 , Page 2 of 4
12 . Compliance with the provisions of the Hatch Act (5 U . S . C . 1501 — 1508 and 7324 — 7328) that limit
the political activities of employees whose principal employment activities are funded in whole or in
part with Federal funds .
13 . Compliance, if applicable, with flood insurance purchase requirements of Section 102 ( a) of the
Flood Disaster Protection Act of 1973 (P . L . 93 - 234) that requires recipients in a special flood hazard
area to participate in the program and to purchase flood insurance if the total cost of insurable
construction and acquisition is $ 10 , 000 or more .
14 . Compliance with environmental standards which may be prescribed to the following : ( a )
institution of environmental quality control measures under the National Environmental Policy Act of
1969 ( P . L . 91 - 190 ) and Executive Order 11514 ; (b) notification of violating facilities pursuant to E .
O .
1173 8 ; ( c ) protection of wetlands pursuant to E . O . 11990 ; ( d) evaluation of flood hazards in floodplams
in accordance with E . O . 11988 ; ( e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972 ( 16 U . S . C . 1451 et
seq . ) ; ( f) conformity with Federal actions to State ( Clean Air) Implementation Plans under Section
176 ( c ) of the Clean Air Act of 1955 , as amended (42 U . S . C . 7401 et seq . ) ; ( g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974 , as amended ( P . L .
93 -523 ) ; and (h) protection of endangered species under the Endangered Species Act of 1973 ,
as
amended ( P . L . 93 -205 ) .
15 . Compliance with the Wild and Scenic Rivers Act of 1968 (16 U . S . C . 1271 et seq .) related
to
protecting components or potential components of the national wild and scenic rivers system .
16 . Compliance with Section 106 of the National Historic Preservation Act of 1966 , as amended ( 16
U . S . C . 470 ) , E . O . 11593 ( identification and protection of historic properties) , and the
Archaeological and Historic Preservation Act of 1974 ( 16 U . S . C . 469a4 et seq. ) .
17 . Compliance with P . L . 93-348 regarding the protection of human subjects involved in research ,
development, and related activities supported by this award of assistance .
18 . Compliance with the Laboratory Animal Welfare Act of 1966 ( P . L . 89-544, as amended, 7 U . S . C .
2131 et seq .) pertaining to the care , handling , and treatment of warm blooded animals held for research,
teaching, or other activities supported by this Agreement .
19. Compliance with the Lead- Based Paint Poisoning Prevention Act (42 U . S . C . 4801 et seq .) that
prohibits the use of lead -based paint in construction or rehabilitation of residence structures .
20 . Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy
and
Conservation Act ( Pub . L . 94 - 163 , 89 Stat . 871 ) .
21 . Compliance with Geospatial Data Standards must be met by the Grantee under this Agreement . All
geospatial data created must be consistent with Federal Geographic Data Committee endorsed
standards . Information on these standards can be found at www . fgdc. gov .
DEP Agreement No . GO 182 , Attachment J - 1 , Page 3 of 4
22 . Compliance with Nutrient Management Plans for Animal Feeding Operations is required under
this Grant and must have and implement a nutrient management plan that : 1 ) provides and maintains
buffers or equivalent practices ; 2 ) diverts clean water ; 3 ) prevents direct contact of confined animals
with waters of the United States ; 4) addresses animal mortality ; 5 ) addresses chemical disposal
; 6 )
addresses proper operation and maintenance ; 7 ) addresses record keeping and testing ; 8 ) maintains
proper storage capacity ; and 9 ) addresses rate and timing of land application of manure and wastewater .
DEP Agreement No . 60182 , Attachment J - 1 , Page 4 of 4
ATTACHMENT K- I
REVISED REGULATIONS
Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of
Federal Regulations . Grant program administrative regulations appear in Subchapter B . other regulations
of general applicability appear in Subchapter A . Other EPA regulations also impact grant programs . The
following list contains regulations and Office of Management and Budget Circulars which may apply to
the work performed under this Agreement .
Subchapter A - General
40 C . F . R . 4 Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
40 C . F . R . 12 Nondiscrimination on the basis of handicap in programs or activities conducted by
EPA
40 C . F . R . 29 Intergovernmental review of EPA programs and activities
40 ( 1 F , R , 30 Uniform administrative requirements for grants and agreements with institutions of
higher education , hospitals and other nonprofit organizations
Subchapter B — Grants and Other Federal Assistance
40 C . F . R . 31 Uniform administrative requirements for grants and cooperative agreements to state
and local governments
40 C . F . K . 34 New restrictions on lobbying
40 C . F . R . 35 State and local assistance
40 CFR 36 Drug - Free Workplace Act
Other Federal Regulations
48 C . F . R . 31 Contract Cost Principles and Procedures , or uniform cost accounting standards that
comply with cost principles acceptable to the federal agency
2 CFR 1532 Nonprocurement Suspension and Debarment Regulations
Office of Management and Budget Circulars
A -21 ( 2 CFR 220 ) Cost Principles for Educational Institutions
A - 87 ( 2 CFR 225 ) Cost Principles for State , Local , and Indian Tribal Governments
A - 122 ( 2 CFR Cost Principles for Non -Profit Organizations
230 )
A - 133 Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No . GO 182 , Attachment K- 1 , Page 1 of 1
ATTACHMENT L
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee ' s Name :
Grantee ' s Fiscal Year Period : FROM : TO :
Total State Financial Assistance Expended during Grantee ' s most recently completed Fiscal
Year : S
Total Federal Financial Assistance Expended during Grantee ' s most recently completed Fiscal
Year : S
Please identify grants to be included in the Single Audit that are provided by the Department of
Environmental Protection
CSFA# CFDA # DEP GRANT AGREEMENT NUMBER
CERTIFICATION STATEMENT :
I hereby certify that the above information is correct :
Name Date
Title
DEP Project Agreement No . 60182 , Attachment L , Page 1 of 1
Modification 3
DCA Contract Number : 08DB -T3 = 10 -40 -01 - N25 ,
Recipient : INDIAN RIVER COUNTY
Page 3
IN WITNESS WHEREOF , the parties hereto have executed this document
as of the dates set herein .
.;-?
lldDepartment of Community Affairs Recipient Name : Indian liver County
to
�}-
Name : Janice Browning Name : Peter D . O ' Bryzrn
to F
Title : Director , Division of HousingTitle : BCC Chairman
�'i �
and Community Development or q
Date : Date : December 15 , 2009
FACommunity Deve1opment\Users\CDBG\2007 Neighborhood Rev\Closeout\Final Modificaiton Forms\Mod
3_IRC_Gifford_N25_Form_ 12 . 7 . 09Jca . doc
RECIPIENT : INDIAN RIVER COUNTY CONTRACT NUMBER : 08DB -T3 -10 =40-01 -N25
ATTACHMENT A REVISED MODIFICATION 3
PROGRAM BUDGET AND SCOPE OF WORK
1 2 3 4 5 6 7 8 9 10 11
ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET
NUMBER DESCRIPTION UNIT NUMBER LMI VLI TOTAL CDBG AMOUNT 'OTHER FUNDS `SOURCE PROGRAM
# INCOME
21A ADMINISTRATION Nam Boom mm No= No= $49 , 340 . 62 0 n/a 0
21B ENGINEERING 0 $50 , 000 1 0
030 FIRE PROTECTION Unit 1 71000 31855 81262 $ 700 , 659 . 38 $200 , 000 1 0
0
0
TOTALS $ 750 , 000 . 00 $250 , 000 $0 . 00
SOURCES AND AMOUNTS OF " OTHER FUNDS " ( COLUMN 9 & 10 ABOVE ) N/A
1 County GR $ 250 , 000
21 -A
F : \Community Development\Users\CDBG\2007 Neighborhood Rev\Closeout\Final Modificaiton Forms\Mod 3 Aft A Budget IRC N25 12 . 7 . 09 jca rvl . doc
REQUEST FOR AMENDMENT ( 07 . 02 ) (final amendment at closeout : remaining admin moved to fire protection )
Recipient : Indian River County Amendment Request Number : 3 ( CLOSEOUT ) Date : 12 - 15-09
Contract Number: 08DB-T3 - 10-40 -01 - N25� / Rule in Effect for This Grant : 2007
Local Government Authorization : r � � F �' .( �`'
Peter D . O 'B an BCC Chairman December 15 , 2009
(Authorized ignature ) ( Date Signed )
DCA Authorization
(Authorized Signature ) ( Date Approved )
Budget Information Activity Accomplishments
Activity Activity Name Original Budget Current Budget Proposed Budget Original Contract Current Contract Proposed
Contract
Code (before this (before this
amendment) amendment)
1 2 3 4 5 6 7 8
030 Fire Protection $6901000 . 00 $ 6901000 . 00 $7001659 . 38 1 Fire Station 1 Fire Station 1
Fire Station
21A Program Administration $601000 . 00 $60 , 000 . 00 $499340 . 62 n/a n/a n/a
21 B Engineering 0 0 0 n/a n/a n/a
Totals $750 , 000 $ 750 , 000 $750 , 000
I
Beneficiaries
Total Beneficiaries Low & Moderate Income Very Low Income
Activity Activity Original Current Proposed Original Proposed Original Proposed
Code Name
21A Administration n/a n/a n/a n/a n/a n/a n/a na na na na
21 B Engineering n/a n/a n/a n/a n/a n/a n/a na na na na
030 Fire Protection 81262 81262 81262 79000 84. 73 71000 84, 73 31855 46 . 66 31855 46 . 66
3 * uT 'y,., ?' a ,c . s , ,n 5"` . r t,, ; i $ « a4 yi' r csi' =Tts,. .w- '8; a;:i•aY k
• +a+N' +$ :" }:?
IZ
r
t rt
' IN
x � s � x
n sg
• ,
Original Proposed
20 . Total # Unduplicated Beneficiaries 8 , 262 8 ,262
21 , Total # Unduplicated LMI Beneficiaries 71000 7 , 000
22 . Total # Unduplicated VLI Beneficiaries 39855 3 , 855
23 , Total # Unduplicated ILMI Households 2 . 318 2 , 318
24 . Does this amendment reduce ANY other project funds previously committed as leverage from local or other sources ? YES
NO X
2
FLORIDA SMALL CITIES OR DISASTER RECOVERY CDBG CLOSEOUT ( 12 . 07)
Closeout forms must be submitted to the Department of Community Affairs, Florida Small Cities CDBG or Disaster
Recovery Program , within 45 days after the contract termination or expiration date . A Final Request for Funds should
be submitted prior to, or with , the closeout since funds not requested will be deobligated at closeout . Closeout
requirements can be found in Rule 9B -43 . 0051 ( 11 ), F . A . C .
Instructions
All grant recipients must complete Section I . Commercial Revitalization or Neighborhood Revitalization grant recipients
must complete Section II . Recipients of Commercial Revitalization or Economic Development grants must complete the
relevant portions of Section III, and Housing grant recipients must complete Section IV . All grant recipients must
complete the Beneficiary Data form and the Status of Accomplishments and Expenditures form . The Closeout Approval
form must be signed by the Chief Elected Official . Enter the information requested or circle the response .
Section I . Contract Information
Contract Number : Beginning Date : Ending Date :
08DB= T3 - 10= 40- 01 - N25 10 / 31 / 2007 4/ 30 / 10
Recipient : Local Contact : Phone Number :
Indian River County Robert Keating, Community ( 772) 226- 1254
Development Director
1 . Indicate how the project was carried out (administration Grantee Employees Contractors Both
and construction ) : x
2 . Indicate how beneficiary data was collected : Census Survey
3 . Enter the Census Tract( s ) and/or Block Group( s) for service area ( s) : Census Tract( s ) Block Group( s) x
503 . 02 1 =4
4 . If location of activities changed , is a map included ? nl h Yes No x
5 . Is a Property Management Register included ? G 1 Yes No x
6 . If an infrastructure project, is an engineering certification included ? Yes x No
7 . Is the project located in a Historic District? Yes No x
8 . Is the project located in a Presidentially Declared Disaster Area ? Yes No x
9 . Is the project a Special Assessment activity? Yes No x
10 . Is the project a Brownfield Activity? Yes No x
11 . Did the local government provide the assistance (to Grant Loan Deferred , forgiveable loan
the beneficiaries ) in the form of a loan or a grant? x
12 . If a loan , indicate : Interest Rate Monthly Loan Amount Amortization
% $ Period in Months
13 . List all other funds, along with the source, used to support the activities funded with this grant :
Source Amount
Local Funds ( i . e . , General Revenue ) County General Revenue $ 250, 000 . 00
County General Revenue $ 1 , 207304 . 62
Grant( s ) $ 1, 4571304 . 62
$ 0
Private Funds ( i . e . , Participating Party, $ 0
etc . )
Loan ( s ) $0
Other ( Specify) $ 0
14 . Will the project result in program income ? Program income earned but not expended Yes No
before closeout must be returned to DCA . Make check payable to the Department of x
Community Affairs — CDBG Program and include it with the Closeout.
1
• If program income has already resulted, indicate amount : $ N / A
15 . Has a final Request for Funds been submitted ? Yes X No
16 . Does the local government have CDBG Funds on hand ? (cannot exceed $5, 000) If yes : $ No X
Section II . Service, Benefit, Public Facility and Infrastructure
(To be completed by Commercial Revitalization or Neighborhood Revitalization grant recipients)
1 . Service or Benefit ( Le ., Water and Sewer Hookups)
a . Number of persons with new access to this service or benefit 0
b . Number of persons with improved access to this service or benefit p
c . Number of persons now receiving a service or benefit that is no longer substandard 0
2 . Public Facility or Infrastructure Improvement ( Water Tank, Treatment Plant, Street Paving )
a . Number of persons with new access to this type of public facility or infrastructure improvement 8, 262
b . Number of persons with improved access to this type if public facility or infrastructure 0
improvement
c . Number of persons served by public facility or infrastructure that is no longer substandard 0
Section III . Commercial Revitalization or Economic Development
*Recipients of Commercial Revitalization grants should only respond to items with an asterisk (*),
* Number of businesses assisted with commercial facade treatment N / A
* Number of businesses assisted that provide goods or services to meet the needs of a service area , a N / A
neighborhood , or a community
* Number of businesses assisted N / A
Number of new businesses assisted N / A
Number of existing businesses assisted N / A
Number of existing businesses expanding N / A
Number of existing businesses relocating r
N /A
Number of full -time positions created N / A
Number of full -time positions retained N / A
Number of full -time low/ mod positions created N / A
Number of full -time low/ mod positions retained N / A
Number unemployed prior to taking jobs created by this activity N /A
Number of jobs with employer-sponsored health care benefits N / A
2
Section III . Commercial Revitalization or Economic Development (continued)
Enter in the spaces below the number of jobs created by type : N / A
Officials and Managers Sales Operatives ( semi -skilled )
Professional Technicians ( unskilled ) Service
Office and Clerical Craft workers (skilled ) workersLaborers
* For each business assisted, enter the business name and DUNS # : N / A
Business DUNS #
Business DUNS #
Business DUNS #
Business DUNS #
Business DUNS #
Business DUNS #
Business DUNS #
Section IV. Housing
(To be completed by Housing Rehabilitation grant recipients)
Number of houses rehabilitated N / A
Number of one-for-one replacements
Number of permanent displacements/ relocations
Number of units occupied by the elderly
Number of units made handicapped accessible
Number of units qualified as " energy star"
Number of units brought into compliance with lead safety requirements
If applicable, number of beds created in overnight shelter or emergency housing
Did the activity involve rental housing ? Yes No
Did the project include :
• Installing security devices Yes No
• Installing smoke detectors Yes No
• Performing emergency housing repairs Yes No
• Providing supplies and equipment for painting houses Yes No
• Operating a Tool Lending Library Yes No
All Housing grant recipients must complete the Housing Benefit form ( HB42 . 07) .
3
Section IV. Housing ( continued )
HOUSING BENEFIT ( Form HB- 12. 07)
Name of Owner Name of Occupant Street Address Total Cost Total CDBG Funds Date Rehab
Replace # of
(street, city and zip) of Rehab or Invested Completed (Yes or -ment Bed-
(If replacement, new address.) Replacement No) (Yes or rooms
No)
N / A $ $
4
Section V. STATUS OF ACCOMPLISHMENTS AND EXPENDITURES ( 12 . 07 )
(A) ( B) ( C) ( D) ( E ) ( F) ( G )
Activity Activity IDIS CDBG Current CDBG Funds Final RFF Other
# Name # Accomplishments Approved CDBG Received To At Closeout Leverage
DCA Use Contracted To Date Budget Date (If Applicable) Funds Expended
Only
1 Fire 1 Fire
030 Fire Protection Station Station $ 7001659 . 38 $6901000m00 '
$ 101659 . 38 $ 2001000 . 00
21A Program n/a n/a $491340 . 62 $35, 812 . 86 $ 131527 . 76 ` $0
Administration
21B Engineering n/a n/a
$0 $0 $ 0 $ 50,000 . 00
TOTALS
$ 7501000 . 00 $ 7251812. 86 $ 241187 . 14 $ 250,000 . 00
( H ) Total CDBG Approved Budget : Total of Column ( E)
$ 750,000 . 00
(I) Total CDBG Funds Received To Date : Total of Column ( F) $ 7251812. 86
(1 ) Total Amount of Final RFF : Total of Column ( G )
$ 24, 187 . 14
( K ) Total Amount of CDBG Funds Requested : Total of Column ( F) + ( G ) $ 7501000 . 00
( L) Refund Due to DCA : If Line ( K) is greater than Line ( H ) indicate the difference $p
( M ) Amount to be Deobligated : If Line ( I ) is less than Line ( H ) $ 0
a
5
Section VI . BENEFICIARY DATA ( 12 . 07 )
Activity # Activity # Activity # Activity # Activity # Activity
#
Do not enter Administration or Engineering activities. 030
Total Beneficiaries Proposed 8, 262
Total Beneficiaries Actual 8, 262
LMI Beneficiaries Proposed 7,000
LMI Beneficiaries Actual 7,000
VLI Beneficiaries Proposed 3,855
VLI Beneficiaries Actual 3,855
Male 4, 040
Female 4, 222
Disabled 1,900
Female Head of HH 735
Elderly 11057
RACE For Housing Grants Only Total # of Total # of Total # of Total # of Total # of
Total # of
Hispanic Hispanic Hispanic Hispanic Hispanic Hispanic
Ethnicity Ethnicity Ethnicity Ethnicity Ethnicity Ethnicity
# Units Owner # Units Renter
Occupied Occupied
White ( 11 ) 31197
African American ( 12) 41742
Asian ( 13 ) 25
American Indian or Alaskan 16
Native ( 14)
Native Hawaiian Pacific 1
Islander ( 15)
American Indian or Alaskan 0
Native and White ( 16)
Asian and White ( 17) 0
African American and 0
White ( 18)
American Indian/Alaskan ( 19) 0
Native and African American
Other Multi -racial (20) 281
Totals ( Equal to Actual 81262 ,
Beneficiaries)
6
Section VII . PROPERTY MANAGEMENT REGISTER ( 12. 07)
ATTACHMENT A ( IF REQUIRED )
Recipient Contract End Date
N / A
Contract Number Local Contact
1 2 3 4 5
Description of Property or
Type of Equipment
Identification Number
Date of Purchase or
Acquisition
Total Cost of Property
CDBG Cost
CDBG % of Total Cost
Physical Location
Condition ( New or Used)
Residual Value
Disposition Date
Disposition Amount
Method of Disposition
7
Section VIII . CLOSEOUT APPROVAL ( 12 . 07 )
I certify that, to the best of my knowledge , all activities undertaken by the Recipient with funds under this
grant agreement have been carried out in accordance with the grant agreement, that proper provision has
been made for the payment of all paid costs identified ; that the State of Florida is under no obligation to
make further payment to the Recipient under the grant agreement in excess of the amount identified on
Line K of the STATUS OF ACCOMPLISHMENTS AND EXPENDITURES ( 12 . 07 ) form submitted with this
closeout package ; that every statement and amount set forth in this instrument is true and correct as of
this date ; that all required audits as of this date have been submitted and approved ; and I acknowledge
that the DCA reserves the right to recover any disallowed costs identified in an audit completed after this
closeout .
Chief Elected Official
i
Signature
Peter D . O'Bryan , BCC Chairman
Name and Title
12/ 15/ 2009
Date
For DCA use only .
Approval of this Closeout Package authorizes the deobligation of unexpended CDBG contract funds in the
amount of $ _ (D
Division of ousin d Community Development DCA Finance and Accounting Section
P�v , , innki
Nam and Title Na and Title
3l I o
Date Date
F : \Community Deve1opment\Users\CDBG\2007 Neighborhood Rev\Closeout\Final Modificaiton Forms\IRC_Closeout_12 . 7 . 09-ica
rvl . doc
8
*
AIA Document G704TM - 2000
Certificate of Substantial Completion
PROJECT : PROJECT NUMBER: OWNER .
1AMM2 CONTRACT FOR : ( icncral Construction
IRC I irc Station oI 13 CONTRACT DATE: 9 ' 16!08 ARCHITECT : El
3620 49" Street CONTRACTOR : ❑
Vcro peach- hl . 3 ' 960
El
TO OWNER : TO CONTRACTOR: FIELD
1cunr urrd udtlrco.csl : ( 4aur> and uddltess) : OTHER ',
Indian Rivcr Countv Barth Construction . Inc.
1840215th Strect 111 ? Indian Ri � cr B14°d. " Suite 202A
Vero Beach , 1: !_. :12960 Vera Bcach, I : I . 32960
PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE :
I he Work perlitrmcd under this Contract has IvQri to ictced and found. to the Architect ' s hast knowledge, inkxnuttion and heliel
',
to he substantially complete . Suhaantial C'ontplction is the stage in the progress of the Work when the �Aork or dcsienated
portion k sutlicicntl } complete m accordance 7+ i01 the (' oilnaCl 1)O111111en15 so that the Owrxr can ucculn or wiliic the
1Vnrk firer
its intcrtdcd use . The elate of' Substantial Completion of the Project or portion designated athose k the date ol` issuanc c�tahli.hcd
hs this Ccrtifieatc. vv[) tell is also the date of curnrncna mcnl of applicahle tiarranties required be the ( '01111110 [)ocuntents.
except
as stated helo%r
Warranty Date of Commencement
Ldfund - Dritcnhas, 13inklcs ,
,lrehuccts11
ARCHITECT BY DATE OF ISSUANCE
A list of items to be completed or corrected is attached hereto. Fhc failure to include w1 items on such list doe , nut after
the
re >prxtsihilin of- the ( ' mmictor to complete all Work in accordance with the Contract Docun7cnts . II uther' 1% isc aireed u1
in
rritine, the date r , f commenccntcni of %warranties fix items un the attached list will be the date o1 ' i >st-lance of [ lie
! incl ('cnilicatc
of, Pamncnt or the elate of' firnml pmsnlcnt .
Cost estimate of Work that is incomplete or defective : So. 00
111v C )nlrtctor 7c ill complete ur correct the AYork on the list ol' items attached hereto within 7cro ( 0) dacs from the
abode dale of
Suh, tantial Completion,
Barth COTISMIciion- Inc.
CONTRACTOR BY DATE
The ( ) \encr accepts the �k' ork ur designated portion a; suhstantisllc amtplete and will assume full possession are ( little ) on
( date ) .
Indian Rkcr ( 'ountc
OWNER BY DATE
Ihr responsihilitic; ol , rhe ( ) Ntincr and Contt-Lioor fix sccurite , maintenance. hail - utilities . damage to the ALork and
insttraticc
shall he .L fullocc5 :
Cole ( hr a +' t rr11d t4o17000( '1011 's lt,iral olid imIll-CiIPCe c01111sel .shotdiidetermine and revieli� insarime•c^ regatirivn4wls
unit
L ( WLTUQL1 . 1
Ir
y
AIA Document G704 `IM — 2000. Copyright 0 1963 , 1978 . 1992 and 2000 by The American Institute of Architects. All rights reserved.
This ducurnenI
was produced by AIA software at 76 to 5a on 17x0212009 under Order No 1000396135 1 which expires on 04/2212010 and is not for resale
( 1II362129561
User Notes: