Exh 4DAGENDA ITEM #4D
OCTOBER 10, 2005
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Legislative Appropriation Agreement for Hopkins Creek
Grant Funding
SUBMITTED BY: Rick Carper, P.E., Director of Pubfic Works
DATE: September 27, 2005
BACKGROUND: As a result of a Community Budget Initiative Request made
by the~City, through Representative Don Davis' office, the
State legislature appropriated $400,000 to be used on a cost
reimbursement basis for construction of the Hopkins Creek
Regional Retention Facility. The funding will be controlled iri
similar manner as the Core City 319H grant, with periodic
requests for reimbursement made to the FDEP by the
Finance Department. The City will be required to make
quarterly Progress Reports reflecting work performed,
problems encountered /resolved, schedule updates and
proposed work to be accomplished in the next reporting
period.
RECOMMENDATION: Staff recommends the Commission approve the attached
State Financial Assistance Agreement and authorize the City
Manager to sign the Agreement for the City of Atlantic
Beach.
' ' ATTACHMENTS: State Financial Assistance Agreement -City of Atlantic
.. Beach DEP Agreement LP6002
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. I'W030J.
REVIEWED BY CITY MANAGER:
AGENDA ITEb1 #4D
STATE FINANCIAL ASSISTAI~ICE AGREE1vIENT OCTOBER 10, 2005
CITY OF ATLANTIC BEACH
DEP AGREEMENT NO. LP6002
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1717A OF THE 2005 - 2006 APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose. address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida
32399-2400 (hereinafter referred to as the "Department") and the CITY OF ATLANTIC BEACH, whose address is
800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter referred to as "Grantee" or "Recipient"},
existing as a local government agency under the laws of the State of Florida, to provide funds for Hopkins Creek
Regional Retention Facility.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
, 1. Tlie Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are
" attached hereto and incorporated by reference. For purposes of this Agreement, the 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 June 30, 2007, inclusive.
This Agreement maybe amended to provide for additional services if additional funding is made available
by the Legislature.
3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed
$400,000 toward the total project cost estimate of $2,030,000. The parties hereto agree that the
Grantee is responsible for providing a minimum match of 50% toward the project described in
Attachment A. If the Grantee finds, after receipt of competitive bids, that the work described in
Attachment A cannot be accomplished for the current estimated project cost, the parties hereto
agree to modify the Project Work Plan described in Attachment A to provide for the work that
can be accomplished for the funding identified above.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
receipt and acceptance of a properly completed Disbursement Request Package (provided as
Attachment B). In addition to the disbursement form, the Grantee must provide from its
" accounting system, a listing of expenditures charged against this Agreement. The. listing shall..
include, at a minimum, a description of the goods or services purchased, date of the transaction,
" " voucher number, amount paid, and vendor name. All requests for reimbursement of travel
" expenses shall be in accordance with travel limits established in Section 112.061, Florida Statutes.
Payment requests shall be submitted no more frequently than monthly. The Payment Request
" Package includes:
" (I) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such
requests must be accompanied by sufficiently itemized summaries of the materials, labor, or
services to identify the nature of the work performed; the cost or charges for such work; and
. the person providing the service or performing the work. If payment is based on an
authorized advance for incurred costs, invoices reflecting such costs must be included. After
receipt of advance funds the Grantee shall provide proof of payment to the Department
within 30 days receipt of advance funds. If payment is based on reimbursement, proof of
payment of the invoices is required; and
(2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the
Project; that the materials, labor, or services represented by the invoice have been
satisfactorily purchased, performed, or received and applied to the project; that all funds
received to date have been applied toward completing the Project; and that under the terms
DEP Agreement No. LP6002, Page 1 of 6
AGENDA ITEM #aD
OCTOBER IU, Z005
and provisions of the contracts, the Local Government is required to make such payments;
and
' ~ (3) A certification by the engineer responsible for overseeing construction stating that
equipment, materials, labor and services represented by the construction invoices have been
satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with
. construction contract documents; stating that payment is in accordance with construction
contract provisions; stating that construction, up to the point of the requisition, is in
compliance with the contract documents; and identifying all additions or deletions to the
Project which have altered the Project's performance standards, scope, or purpose since the
` issue of the Department construction permit; and
(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or
suppliers as may reasonably be required by the Department.
C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will
periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. This information when requested must be provided within
30 calendar days of such request. The Grantee may also be required to submit a cost allocation
' plan to the Department in support of its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
D. State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at http:!/www.dbf.state.fl.us/aadirheference wide,
` 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. Progress Reports (Attachment C) shall be submitted describing the work performed, problems
' encountered, problem resolution, schedule updates and proposed work for the next reporting period. If
advance payment is authorized, the Grantee shall report (and document as required under paragraph 3
above and Attachment E) the amount of funds expended during the reporting period, the Agreement
expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the
interest to the Department (see paragraph 15). Progress reports shall be submitted to the Department's
• Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It
is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar
' .. - quarters ending March 31, June 30, September 30 and December 31. The Department's.Grant Manager
shall have ten (10) calendar days to review deliverables submitted by the Grantee.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
7. A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department
shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
8. This Agreement maybe unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(1), Florida Statutes.
DEP Agreement No. LP6002, Page 2 of 6
AGCNDA IT)/iVI #4D
OCTOBER 10, 200
9. A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit
Requirements), attached hereto and incorporated herein by reference. Exhibit 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.
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 Recipieni/Subrecipient
' vs Vendor Determination" (form number FSAA_CL2) that can be found under the "LinkslFomLS"
section appearing at the following website:
htip://www, fsaa. state. fl.us/
The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to.the applicability of these requirements.
" 10. A. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the
prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for
the fulfillment of all work elements included in any subcontract consented to by the Department and
agrees to be responsible for the payment of all monies due under any subcontract. It is understood
` ' and agreed by the Grantee that the Department shall not be liable to any subcontractor for any
expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the
• subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. The Department will be glad to famish a list of minority owned businesses for
consideration in subcontracting opportunities.
- 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
. agency.
12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement includes
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
13. The Department's Grant Manager for this Agreement is identified below.
Tommy Williams
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: 850-245-8358
_ Fax: 850-245-8411
Email: thomas.e.williams@dep.state.il.us
14. The Grantee's Grant Manager for this Agreement is identified below.
DEP Agreement No. LP6002, Page 3 of 6
AGENDA ITEM #4D
OCTOBER lU, 2005
Rick Carper, P.E., Public Works Director
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
Phone: 904-247-5834
Fax: 904-247-5843
Email: rcarpcr@coab.us
15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department, upon written request from
the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an
advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest
income to the Department, within thirty (30} days of each calendar quarter, or apply said interest income
against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be
returned to the Department within the timeframe identified above or invoices must be received within the
same timeframe that shows the offset of the interest earned.
Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to
the Department, shall be returned to the Department within sixty (60) days of Agreement completion.
The parties hereto acknowledge that the State's Chief Financial Officer may identify additional
• requirements, which must be met in order for advance payment to be authorized. If the State's Chief
Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the
Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds,
the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of
the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the
• funds.
` If advance payment is authorized, the Grantee shall be responsible for submitting the information requested
in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form
(Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the
. Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting
requirements established in paragraphs 3 and 5.
16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the 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 that would conflict
in any manner or degree with the performance of services required.
19. The purchase ofnon-expendable equipment costing $1,000 or more is not authorized under the terms of this
Agreement.
• 20. The Department may at any time, by written order designated to be a change order, make any change in the
Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within
current authorized agreement period, method or manner of performance, requirements, etc.). All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that
causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this
' Agreement.
DEP Agreement No. LP6002, Page 4 of 6
AGENDA ITEIVI #4D
OCTOBER 10, 200 i
21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
• with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and intends to post the list on its websike.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity, at $50/48?-0915.
22. 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.
23. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6002, Page 5 of 6
AGENDA ITCiVI #4D
OCTOBER 10, 2005
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF ATLANTIC BEACH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
City Manager
By:
Secretary or designee
Date:
FEID No.:
Date:
Grant Manager
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board/commission must accompany the Agreement.
List ofattachments/exhibits included as part of this Agreement:
Specify Letter/ Description (include number of pages)
Type Number
Attachment A Project Work Plan (1 Page)
Attachment B Disbursement Request Package (3 Pages)
Attachment C _ Progress Report Form (2 Pages)
Attachment D Special Audit Requirements (5 Pages)
Attachment E Advance Payment -Interest Earned Memorandum (1 Page}
Attachment F Advance Payment Justification Form (3 Pages)
DEP Agreement No. LP6002, Page 6 of 6