Item 4BAGENDA ITEM # 4B
FEBRUARY 25, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Hopkins Creek TMDL Grant Funding
SUBMITTED BY: Rick Carper, P.E., Director of Public Works ,!`~-~
DATE: February 15, 2008
BACKGROUND: The Florida Department of Environmental Protection (FDEP) has
awarded the City a grant for up to $775,384 to be used on a cost
reimbursement basis for construction of the Hopkins Creek Regional
Retention Facility. The City will be required to make quarterly Progress
Reports reflecting progress of the work and any potential issues affecting
completion or the overall schedule. Periodically throughout the project,
the Finance Department will submit an invoice to FDEP for reimbursement
of construction expenses. This grant is in addition to the $450,000 grant
from the St. Johns River Water Management District.
BUDGET: This grant will reimburse the City for capital expenses related to
construction of the Hopkins Creek Regional Retention Facility, Account
No. 470-0000-538-6300, Project No. PW0309.
RECOMMENDATION: Staff recommends the Commission approve the attached
Grant Agreement and authorize the Mayor to sign the attached
Agreement for the City of Atlantic Beach.
ATTACHMENTS: Grant Assistance Agreement S0376 -Florida Department of
Environmental Protection and City of Atlantic Beach
REVIEWED BY CITY MANAGER:
February 25"', 2008 Regular Meeting
AGENDA ITEM # 4B
FEBRUARY 25, 2008
AGREEMENT NO. S0376
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1860 OF THE 2007-2008 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and the CITY OF ATLANTIC BEACH, whose address is
Public Works Department, 1200 Sandpiper Lane, Atlantic Beach, Florida 32233 (hereinafter referred to as "Grantee"
or "Recipient"), local government, to provide fmancial assistance for the Hopkins Creek Regional Stormwater
Facility.
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 "Contract" and
"Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably.
2. This Agreement shall begin upon execution by both parties and end no later than twenty seven (27) months,
inclusive. The Grantee shall not be eligible for reimbursement for work performed prior to the execution
date of this Agreement. This Agreement may be amended to provide for additional services if additional
funding is made available by the Legislature.
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
$775,384. The parties hereto agree that the Grantee is responsible for providing a minimum match
of $775,384 toward the project described in Attachment A. If the Grantee fmds, after receipt of
competitive bids, that the work described in Attachment A cannot be accomplished for the current
estimated project cost, the parties hereto agree to modify the Grant Work Plan described in
Attachment A to provide for the work that can be accomplished for the funding identified above.
Prior written approval from the Department's Grant Manger shall be required for changes between
approved budget categories up to 10% of the total budget. 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 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. In addition to the summary form, the Grantee must provide from its accounting system, a
listing of expenditures made under this Agreement. The listing shall include, at a minimum, a
description of the goods or services purchased, date of the transaction, voucher number, amount
paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance
with the travel requirements established in Section 112.061, Florida Statutes.
C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will
periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. This information, when requested, must be provided within
30 calendar days of such request. The Grantee may also be required to submit a cost allocation
DEP Agreement No. S0376, Page 1 of 6
AGENDA ITEM # 4B
FEBRUARY 25, 2008
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.fldfs. com/aadir/reference%SF guide.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature: The parties hereto understand that this Agreement is not a commitment of
future appropriations.
The Grantee shall submit Attachment B, Payment Request Summary Form, in conjunction with quarterly
progress reports The Grantee shall utilize Attachment C, Progress Report Form, to describe the work
performed, 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 ten (10) calendar days to
review deliverables submitted by the Grantee.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department
shall provide thirty (30) calendaz days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regazding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(1), Florida Statutes.
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 yeazs following Agreement completion. In the
event any work is subcontracted, the Grantee shall similazly require each subcontractor to maintain and
allow access to such records for audit purposes.
10. A. In addition to the requirements of the preceding pazagraph, the Grantee shall comply with the
applicable provisions contained in Attachment D, Special Audit Requirements, attached hereto
and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding sources
supporting the Agreement for purposes of assisting the Grantee in complying with the requirements
of Attachment D. A revised copy of Exhibit 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.
DEP Agreement No. S0376, Page 2 of 6
AGENDA ITEM # 4B
FEBRUARY 25, 2008
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133, Subpart B, Section _.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:
hops://apes. 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.
11. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work
elements included in any subcontract 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
maybe obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
13. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement includes
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
14. The Department's Grant Manager for this Agreement is identified below.
Bo 'a Crane-Amores
Florida De artment of Environmental Protection
Bureau of Watershed Mana ement
2600 Blair Stone Road, MS 3510
Tallahassee, Florida 32399-2400
Tel hone No.: 850-245-8425
SunCom No.: 205-8425
Fax No.: 850-245-8434
E-mail Address: Bo 'a.craneamores d .state.fl.us
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DEP Agreement No. 50376, Page 3 of 6
AGENDA ITEM # 4B
FEBRUARY 25, 2008
15. The Grantee's Grant Manager for this Agreement is identified below.
Rick C er
Public Works De artment
1200 Sandier Lane
Atlantic Beach, Florida 32233
Tele hone No.: 904-247-5834
Fax No.: 904-247-5843
E-mail Address: rc er coab.us
16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the Tatter's employees unless such
employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance
coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes,
the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of his employees not otherwise protected.
17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department,
agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no
liability except as specifically provided in this Agreement.
18. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
19. The purchase of non-expendable personal property or equipment costing $1,000 or more is not authorized
under the terms of this Agreement.
20. The Department may at any time, by written order designated to be a change order, make any change in the
work within the general scope of this Agreement (e.g., specifications, task timeline within current
authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are
subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an
increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement.
21. If the Grantee's project involves environmentally related measurements or data generation, the Grantee
shall develop and implement quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet project objectives and
to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses
performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida
Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto
and made part hereof as Attachment F, Quality Assurance Requirements.
22. 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
DEP Agreement No. S0376, Page 4 of 6
AGENDA ITEM # 4B
FEBRUARY 25, 2008
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and intends to post the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity, at 850/487-0915.
23. Grantee matching funds have been used for the acquisition of land for this project. The Grantee agrees that
the funds used to purchase the land shall not be used as match to any other Agreement supported by State or
Federal funds.
24. 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.
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DEP Agreement No. S0376, Page 5 of 6
AGENDA ITEM # 4B
FEBRUARY 25, 2008
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF ATLANTIC BEACH
By:_
Title:
Date:
FEID No.:59-6000267
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or designee
Date:
Borja Crane-Amores, DEP Grant Manager
DEP Contracts Administrator
Approved as to form and legality:
DEP Attorney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
Grantee must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (15 Pages)
Attachment B Payment Request Summary Form (2 Pages)
Attachment C Proeress Report Form (2 Pages)
Attachment D Special Audit Requirements (5 Pages)
Attachment E Quality Assurance Requirements (8 Pages)
DEP Agreement No. S0376, Page 6 of 6