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Exh 8A7 ~~... Agenda #8A August 14, 2000 CITY OF ATLANTIC. BEACH ___ _ _. __ _ _ CITY COMMISSION MEETING - STAFF REPORT AGENDA ITEM: Water Advisory Grant Agreement~j, SUBMITTED BY: Donna Kaluzniak, Assistant Public Works Director/ DATE: August 8, 2000 BACKGROUND: On January 10, 2000, the City Commission authorized the City Manager to sign an application for a Wastewater Facilities Grant through the Governor's Water Advisory Panel. Grant monies were requested to assist with funding of the Core City Sanitary Sewer Improvements Project. The City has been awarded $350,000 in grant funds for the Core City Sanitary Sewer Improvements Project. This grant will be administered by the Department of Environmental Protection. Two original copies of the Water Advisory Panel grant agreement were delivered to the City, and - need to be signed by Mayor john Meserve. BUDGET: Grant funds in the amount of $350,000 will be reimbursed to the City and applied towards the Core City Sanitary Sewer Project, through the Sewer Utility Fund. RECOMMENDATION: Authorize the Mayor to sign the Water Advisory Panel grant agreement. ATTACHMENTS: Copy of the Water Advisory Panel grant Agreement No. SP747110, which is administered through the Department of Environmental Protection. REVIEWED BY CITY MANAGE ~'""~`, _ Agenda #8A . August I4, 2000 y; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION __ __ __,_ --___ __ _ _ AND CITY OF ATLANTIC BEACH, FLORIDA SP747110 This agreement is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF ATLANTIC BEACH, FLORIDA, (Grantee) existing as a local governmental entity. ,Pursuant to line item 1591G of the 2000-2001 General Appropriations Act, the Department agrees to fund a grant on a reimbursement of incurred eligible cost basis in an amount not to exceed $350,000 under the terms and conditions set forth in this document. SCOPE OF WORK The project to be financed by this Grant consists of furnishing labor, materials, and equipment to construct the Atlantic Beach Core City Sanitary Sewer Improvements in an amount up to $466,667. GRANT CONDITIONS 1. The grant share shall not exceed 75% of eligible costs of the scope of work. The Grantee agrees to provide match funds equal to 25% of the eligible costs of the scope of work. 2. The Grantee shall expeditiously initiate and timely complete the project work for which assistance has been awarded under this agreement. 3. The Grantee warrants, represents, and agrees that it, and its contractors, subcontractors, employees and representatives, shall comply with applicable State and Federal laws, executive orders, rules and regulations in carrying out their obligations under this agreement. 4. To the extent permitted by law, the Grantee shall.release and hold harmless the State, its officers, members, and employees from any claim arising in connection with the Grantee's actions or omissions in its planning, engineering, administrative, and construction activities funded by this grant or its operation of the project. 5. The Grantee shall carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this agreement. 6. The Grantee shall obtain all necessary permits, real property interests, and approvals before initiating construction. The Grantee knotivs of no reason why any future permits or approvals ~"""'~ are not obtainable. 7. Pursuant to Section 216.347 of the Florida Statutes, the Grantee shall not use grant proceeds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. Agenda #8A August 14, 2000 8. By acceptance of this grant, the Grantee agrees to complete the scope of work. 9. The Grantee agrees that it has adopted or will adopt amandatory-hookup ordinance for the service area prior to initiation of operation. Such ordinance may allow for mandatory hookup ----- - - upon failure of individual systems. - - - - 10. The Grantee and its agents-shall maintain books, records and other documents pertinent to performance under this agreement in accordance with Generally Accepted Governmental Accounting Standards established by the Governmental Accounting Standards Board. The Grantee shall keep accurate records of all grant disbursement receipts and project expenditures. The Department shall have access to such records at all reasonable times during the term of this agreement and for three years following final grant payment or for such other period as may be prescribed by the Department. 11. The Grantee shall provide access to project sites and administrative offices to authorized representatives of the Department at any reasonable time. 12. The Grantee agrees to make prompt payment to its contractor and to retain only such amounts as maybe justified by specific circumstances and provisions of this grant or the construction contract. The Grantee shall ensure that appropriate provisions to implement this prompt payment requirement are included in all construction contracts and subcontracts. 13. In consideration of the Grantee completing its obligations under this agreement, the Department shall pay the Grantee on a reimbursement of incurred eligible cost basis. :Payment requests shall be submitted no more frequently than monthly on a form provided by the Department. With each payment request, the Grantee shall submit all relevant invoices and worksheets used to prepare the disbursement request and shall, if necessary, document in writing that any special grant conditions precluding payment have been satisfied. Each payment shah be 75% of eligible costs. 14. The Department may withhold up to 5% of the total agreement amount from the Grantee pending fulfillment of all terms and conditions of this agreement. 15. The Grantee agrees to comply with the requirements contained in Section 215.97, Florida Statutes, entitled "Florida Single Audit Act". The funding supporting the activities authorized under this agreement is provided in a grants and aids appropriation made by the Florida Legislature. Specific funding information is provided below: 2 _'""',~ 4. . Agenda #8A August 14, 2000 Funding Source: General Revenue State Fiscal Year: 2000-2001 General Appropriations Act, Line Item 1591G _ ____ __ Catalog of State Financial Assistance (CSFA) Number: 37039: . CSFA Title or Funding Description: Statewide Restoration Projects Funding Amount: $350,000 State Grants and Aids Appropriation Category: 141116 Copies of reports and management letters prepared in conducting audits related to required State grants and aids audits shall be submitted by or on behalf of the Grantee directly to each of the following: Don Berryhill Florida Department of Environmental Protection Bureau of Water Facilities Funding (MS 3505) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General (MS40) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Manager Office of the Auditor General Post Office Box 1735 Tallahassee, FL 32302-1735 ~. 16. This agreement may be amended in writing, except that no amendment shall be permitted which is inconsistent with statutes, rules, regulations, or executive orders. 17. The Grantee agrees to comply with the following project schedule: (a) Project construction began June 14, 2000. (b) Completion of scope of work is scheduled for June 14, 2001. 3 This grant agreement SP747110 shall be executed in two or more counterparts, any of which shall be regarded as an original and all of which constitute. but one and the same instrument. _ _ _ _ _ __ _ . _-__ . __ The Department hereby offers financial assistance to-the CITY OF ATLANTIC BEACH, FLORIDA, in an amount not to exceed $350,000, for the purposes and under the terms set forth in this agreement. - This agreement is subject to applicable provisions of Florida law and rules adopted thereunder. In accepting this award and any disbursements made hereunder, the undersigned representative of the Grantee covenants that helshe is duly authorized to act on behalf of the Grantee, and that the Grantee agrees to the terms and conditions of this agreement. for CITY OF ATLANTIC BEACH Mayor Date for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director Date Division of Water Resource Management 4