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STATE FINANCIAL ASSISTANCE AGREEMENT - DEP AGREEMENT NO LP52090 - AMENDMENT NO 1 STATE FINANCIAL ASSISTANCE AGREEME-NT DEP AGREEMENT NO. 1,P52090 CITY OF CLEARWATER AMENDMENT NO. I THIS AGREEMENT as entered into on the Ist day of October, 2014, between the FLORIDA DEPARTMEN'T OF ENNIRONIMENTAL PROTECTIO-N (hereinafter referred to as the "Department") and the CITY OF CLEARWATER (hereinafter referred to as the "Grantee") is hereby amended. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party". WHEREAS, funding in the amount $250,000 was provided under Line Item 1668A of the 2014-2015 General Appropriations Act for the Clearwater Sanitary Sewer Expansion Program.- and WHEREAS, $250,000 in additional funding for this Project was provided under Lille Item 1662A of the 2015-2016 General Appropriations Act; and WHEREAS, an increase to the above-referenced grant is provided; and WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2. of the Agreement is hereby revised to change the completion date of the Agreement from October 31, 2016, to October 31, 2018. 2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the following: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $500,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. Changes to approved budget categories within a single deliverable that are less than 10% of the total approved deliverable budget amount will require a formal Change Order to the Agreement. Changes that are 10% or greater of the total approved deliverable budget arnount, or changes that transfer funds from one deliverable to another deliverable, or changes that increase or decrease the project's total funding amount will require a formal Amendment to the Agreement. DEP Agreement No. LP52090,Amendment No. 1, Page 1 of 1 I C. The Grantee shall be noionbumcd on u coot reimbursement houia for all eligible project costs upon the oonq7letion, submittal and approval nfeuuh deliverable identified iu Attachment A-1, in acuonduooc with the schedule therein. Reimbursement shall be requested utilizing Attachment B-1, Payment Request Summary Form. To be eligible for reimbursement, ovaiu noumi be in conuy|iuucu with laws, rules and regulations applicable 10 expenditures of State funds, ioo|uding, but not |lroiiud to, the F(cfercuco Guide for State Expenditures, v/bioh can be uoocxmud at the following vveh address: . All invoices for amounts due under this Agreement aho)\ be submitted in detail sufficient for u proper pre-audit and post-audit thereof. /\ final poyoocui request should be submitted to the Department no later than sixty (60) oo|ondor days following the uooup|ction date of the Agreement, to uaouro the availability of Ouode for payment. All work performed pursuant to Attachment A-1 must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely u||nvva the Grantee to finalize invoices and backup documentation 10 support the Fiva| payment request. D. The State Chief Financial OODucr requires detailed supporting documentation of all costs under u cost rcirobucmcnoon1 ugruenocnL The (]run1cu uba|} comply with the nuininounn roquiron000io set forth io Attachment C, Contract Payment Requirements. The Payment Request Summary Form whu|| be u000nopuniod by supporting documentation and other requirements as follows for each deliverable: i. Contractual (Subcontractors) — 8oinoburmconcot requests for payments to subcontractors must be euhntuo1ietcd by copies of invoices with backup doounoco\ubmn identical to that required from the (],unieo. Subcontracts vvhiob involve payments for din:o1 uuludcs mbu|| clearly identify the personnel involved, au|ury ,o1c per hour, and hours spent on the project. All multipliers used (i.e." fringe benefits, ovcrbcad, indirect, and/or general and administrative rates) mho|| be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee yhu\| be required 10 ,einohumo Such funds to the Dspadnumni within thirty (30) ou|cndur days of written notification. Interest oo the excessive charges shall hucalculated based on the p,cvul\iog rate used by the S1o1n Board of Administration. For fixed-price (vendor) subcontracts, the following provisions shall apply: u. The (]run1co may award, no o competitive basis, fixed-price Subcontracts ioconauhun1s/con1raoiory in performing the work described in Attachment /k-#. Invoices Submitted tn the Department for fiuod-pdou suhonu1roc1cJ activities abo\l be supported with o copy of the muboouicnotor`m invoice and u copy of the tabulation [hrro for the competitive procurement process (i.e.. Invitation to Bid or Request for Proposals) resulting inthe fixed-price subcontract. h. The Grantee may request approval from the Department to uv/ucd o fixed-price subcontract resulting from procurement methods other than D6PAO,enmcut No. LP52090. Amendment No. l, Page 2 of\ | those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant :Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. C. Ail subcontracts are subject to the provisions of Section 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in Sections 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.mylloridacfo.coin/aadir/reference ug ide/. F. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by- program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of DEP Agreement No. LP52090.Amendment\o. 1, Page 3 of 1 1 Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee to the date repayment is made by the Grantee to the Department. 3. Section 4. of the Agreement is hereby deleted in its entirety and replaced with the following: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The Parties understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 4. Section 5. of the Agreement is hereby deleted in its entirety and replaced with the following: A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. B. As stated in the letter dated July 17, 2015 from the Office of the Governor, the Grantee will identify the return on investment for this project and provide quarterly updates to the Governor's Office of Policy and Budget. 5. Section 7. of the Agreement is hereby deleted in its entirety and replaced with the following: Each Party 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. Further nothing shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 6. Section 8. of' the Agreement is hereby deleted in its entirety and replaced with the following: A. The Department may terminate this Agreement at any time if any warranty or representation made by the Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination. the DLP Agreement\o. LP52090,.Amendment\o. 1. Page 4 of 1 E Department ohuU provide thirty (3[) calendar days vvriUcu notice of its iotccd to 1onninu\e and ahu\| provide the Grantee uu opportunity 1n Consult With the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience hy providing the (}rontcc with thirty (30) ou|eudor day`m written notice. If the Department terminates the Agreement for convenience. the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at vvbioh the Agreement is to be terminated. If the Agreement is trcouinuiod before per[brnnuuco is completed, the Grantee oba|| be paid only for that work satisfactorily performed for which costs can besubstantiated. C. QLeonrdm made or received in conjunction with this Agreement are public records, This Agreement may be unilaterally canceled by the Department for unlawful refusal by the (]runtco to oi|ov/ public acocoo to all docunocnta, papers, letters, or other material ooudc or received by the Grantee in conjunction with this &grcunoco1 and aubjcc1 to disclosure under Chapter 119. Florida Statutes (y.8.), and Section 24(a), Article i, Florida Constitution. D. If force nu jsure nocuco that ounyes delays or the renxouub}c likelihood of delay in the fu|fi||ooeut of the requirements of this /\groonnoot, the (3rauico shall p,unnp1}y notify the Department orally. VVi1biu seven (7) calendar duym, the (]ruotec shall noilFv the Qepuonntnt in writing ofthe anticipated length and cause ofthe delay, the measures taken or 10 be taken 10 minimize the delay and the Grnutcc`u iutsu6cd dcuo1ob}c for implementation of such measures. |f the parties agree that the delay or anticipated delay was caused, or will be caused byuforce no 'eu,t, the Department may, at its discretion, extend the tiouc for performance under this Agreement for operiod of time equal tnthe delay rreu)dog from the force nn 'cuco upon execution of an uonendnucn1 to this /\Aroconeut. Such agreement shall be confirmed by letter Oronnthe Department accepting, or if necessary, modifying the extension. /\ force nn 'eure shall be an act of God, mbikc lockout, or other industrial disturbance, act Vfthe public enemy, war, blockade, public' riot, lightning, fire, flood. explosion, failure to receive iinue\v ocuumeury third party approvals through no Cuuh of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee ie responsible for the performance ofall acrviocu issued under this /\grccnncnL Failure to ptr[brnu by the G,untcc`m consultant(s) oruuhcon/ruotor(s) abu|| not constitute o force ro 'curc event. 7. Section |O. of the /\gcccnueui is hereby deleted in its entirety and rcp|000d with: ^0eaervud.". 8. Section \ |. of the /\groenorot is hereby deleted in its entirety and replaced with the fhUvv/inA: A. The Oruoiec mba|i maintain books. cucnnda and documents direcdy pertinent to podhmonoue under this /\grctnucnt in 0000njuucc with generally accepted accounting 06P Agreement No. LP5I890, Amendment No. \, Page 5nfl \ principles consistently applied. The Department. the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date of the Agreement. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 9. Section 15. of the Agreement is hereby deleted in its entirety and replaced with the following: 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. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 10. Section 17. of the Agreement is hereby deleted in its entirety and replaced with the following: Any notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. 'Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. 11. Section 21. of the Agreement is hereby deleted in its entirety and replaced with the following: To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and categories specified below, during the life of this Agreement. The Grantee shall provide documentation of any private insurance or self-insurance, as may be applicable to governmental entities, to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted. the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program or insurance coverage shalt comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work DEP Agreement\o. LP-52090,Amendment\o. 1, Page 6 of 1 1 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 its employees not otherwise protected. B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company-Owned Vehicles, if applicable $300,000 Hired and Ikon-owned Automobile Liability Coverage D. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any other type of required insurance, including but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions concerning required coverage should be directed to the U.S. Department of Labor (littp://www.dol.)zov/owcp/dlhwc/Iscotitac.htm) or to the parties' insurance carriers. E. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days' written notice (with the exception of non-payment of premium which requires a 10-calendar-day notice) to the Department's DEP Agreement\o. LP52090,Amendment\o. 1, Page 7 of 11 Procurement Administrator. In addition., the Grantee ubaU include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. P. If the (}cuukce is u Florida govecooucutu| entity that is self-funded for liability insurance, this paragraph 2|.P. Supersedes 2l./\. through B., above. (]ruotoe warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's o[DCoo, employees, xurvoois and agents while acting within the scope of their employment with the Grantee. 12. Section 24. of the /\Arecrucnt is hereby dc|cLcd in its entirety and ,cp\uocd with the following: The Ncpodnueu1 may at any tionc" by vvdUen Change Order, nouko any change in the Grant Manager information, task timelines within the current authorized /\gn:enneut period, or make changes that are less than )0Y6w[the total approved deliverable budget (per Paragraph 3). All Cbuugc Orders are subject to the nou1uu| agreement of both parties as evidenced in writing. Any change, which coumoa on increase or decrease in the Agreement amount, expiration date of the /\grcecncuL or deliverable costs that are equal to or greater than |O% o[the total approved deliverable budget (per Paragraph 3), mbo\| require fhrnno| Amendment to this /\grccnuon1. 13. Section 28. of the Agreement is hereby deleted in its entirety and rCy|aood vvdb: "^{lcuorvod.". 14. Section ]2. is added to the Agreement oafollows: A. Pursuant to Section 255.0991, [S., for a000upchdvc solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds p/bicb have been appropriated o1 the time of the competitive solicitation, a state, college, county, nouoioipo\ity" school district, or other political subdivision of the state may not use u \uuo| ordinance or regulation that provides oyreferenco based upon: (|) The contractor's maintaining an office or place of business within o particular local jurisdiction', or (2) The contractor's hiring employees or subcontractors tiuno within a particular local jurisdiction: or (3) The contractor's prior puynnrn1 of local \oues, assessments, or duties within u particular local jurisdiction. B. For any competitive solicitation that nneets the criteria in Paragraph A.. a state cw|\cge, county. Municipality. aohno| diskict oc other political subdivision of the state D£PAo,crmeot No. [p52090. Amendment No. |, Page Dofll shall clisclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 15. Section 33. is added to the Agreement as follows: As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment. materials or documents, and B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 16. Section 34. is added to the Agreement as follows: This Contract may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. 17. Section 35 is added to the Agreement as follows: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and 'Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 18. Attachment A, Project Work Plan, Revised Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to any prior Attachment A's, shall hereinafter refer to Attachment A-1, Revised Project Work Plan. 19. Attachment B. Disbursement Request Package, is hereby deleted in its entirety and replaced with Attachment B-1, Payment Request Summary Form. attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B. shall hereinafter refer to Attachment B-1, Payment Request Summary Form. DEP.agreement\o. LP52090, amendment No. 1, Page 9 of 1 I 20. Attachment G, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment G-1, Revised Special Audit Requirements. attached hereto and made a part of the Agreement. All references in the Agreement to Attachment G, shall hereinafter refer to Attachment G-1, Revised Special Audit Requirements. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP52090,.Amendment No. 1, Page 10 of 1 1 I\ WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement L.,P52090 to be executed on its behalf by the Secretary or Designee of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Department. CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF ENVIRO\MENTAL PROTECTION By: LU AW By `o City :Manager Secretary or Designee Date: �' Date. / 1 --) ( �h /Z/1X� a ahnaz Massoudi. DEP Grant Manager FEID No.: 59-6000289 DE*QC evie, List of attachments/exhibits included as part of this Amendment: Letter/ Specify Type \umber Description (include number of pages) Attachment A-1 Revised Project Work Plan (4 Pages) _Attachment _ B-'l _ Payment Request Summary Form (3 Page__ _ Attachment G-1 Revised Special Audit Requirements (5 pages) DEP Agreement No. LP52090,Amendment No. 1, Page I I of I I ATTACIENIENT A GRANTWORK PLAN PROJECT TZ[['IC: Clearwater Sanitary Sewer Expansion Program PROJECT AUTHORITY: The City of Clearwater((;nzotno) rcueivod Funding from the Florida Lc&ix\u1urs in the amount of $250,000 through Specific Appropriation Line |tonn No. 1068A, Piaox| Year (FY) 2014 — 20l5, General Appropriations /\oL and $250,000 through Specific Appropriation Line Item No. \b82/\, Fiscal Year (PY) 2O|5 -20|8, General Appropriations Act. The Grantee received this funding for the purpose of expanding the sanitary acvvcr oyx1eon. Monitoring and auditing guidelines, as rc!o1od to the Florida Single Audit Act, are specified in the Florida Catalog ofState Financial Assistance ([SF/\), ��n. 37.039. PROJECT LOCATION: The Project will be in neighborhoods |ncu1cd on County Road 193 in Alligator Creek Watershed, Water Body Identification -Number (YV0{0) 1574, Grove Circle in Steverson Creek Watershed, VVQ|D 1507, and Ile|ohcr Area in the /\||eu'm Creek Watershed, VVBl[) 1604, which are all located within the City of Clearwater in Pinellas County, Florida. The Kapok Terrace area involved io this project iaaJiununt1o1bc/\||igatorCreckidhutucyof/\|}iga1or Lake WBID 1574A in the Tampa Bay Basin of Florida. See Figure I for a location map and site plan. Latitude—27.9736°; Longitude— 82.7G42'. PROJECT BACKGROUND: Pioc||ue County is the most densely urbanized county in the state and nuuuv of the local vvu1tr bodies have been verified impaired for fecal oo|iDnrnou, dissolved oxygen and/or nutrients. Replacing septic tanks with u sewer system that connect to an iudvxnosd vvoutuvvo1er treatment plants will help reduce the pollutant loadings on the |oou| surface v/oteo as required by the Total Maximum Daily Loads (TM0Le) for each VV8|U. In January of 2011, the City mf Clearwater updated the ^^SevverSyoioon Expansion Feasibility S1udy". vvbiab identified thirty-three (33) areas that could be added to the City's vvaytcv/a1er uo\|ccdwu sya1cnn and prioritized the expansion of the vvueievva1er service into tbouo areas. The City adopted the recommendations of the Feasibility Study and has developed o Capital Improvements Plan (CIP) that includes removal of septic tank systems over a 20-year period. The removal of approximately 400 septic tank systems from the first two highest priority areas known ua ^^)d\e"/i|d and The K3a|\"wereomnup|siod. The removal of septic tank systems in the next three neighborhoods began in July 2015 and will be completed in the summer of 2016. This project iuc|udcoscvverortcnsion,00nncc1ionsandmoptic1aokobandnuoucn\ iutv/ooroax. The 6mi area is Grove Circle and l}c|chcr area. The Grove Circle and Belcher Area includes approximately 80 individual septic tank mya1crom. The second is the Kapok Tcnucc area. The Kapok Terrace area is 0000pdetd of approximately 135 properties with individual septic tank ayxtcoos. PROJECT DESCRIPTION: The Orootcc will expand the sanitary sewer system b\ installing gravity aunitury sewer mains including connections to the existing collection system. manholes. }otora|x and C|cunou1s \o connect properties in three neighborhoods inthe Kapok Terrace ureu� constructing new service |u1cra|s and connecting to gravity suvvcr as well as abandon existing DFP &grccmcn\Io. LP52090, /\t|ucbmcut /\. Page | o[4 individual septic tanks on private property, and fully restoring public right of way and private property to pre-construction conditions or better. For the County Road 193. Grove Circle and Belcher Area Project. approximately 7,000 linear feet of gravity sewer main will be installed along with 26 sewer manholes and the abandonment of approximately 80 individual septic tank systems. For the Kapok Terrace Project, approximately 7,000 linear feet of gravity sewer main will be installed along with 30 sewer manholes and the abandonment of approximately 135 individual septic tank systems. TASKS and DELIVERABLES: Task 1: Construction Task Description: The Grantee will construct an expansion of the sanitary sewer system in accordance with the final design(s) and required permits for the Grove Circle and Belcher area as well as the Kapok Terrace area. The final design(s) and required permits will be submitted to the Department upon request. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined Interim Deliverable(s) and/or Final Deliverable(s) must have been submitted and accepted in writing by the Department's Grant ':Manager prior to payment request submittal. Deliverable la: 1) signed acceptance of the completed work by the Grantee, 2) Contractor's Application and Certification for Payment, 3) dated color photographs of on-going work representing time period covered in payment request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written acceptance of each interim deliverable submittal by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that submittal period under this task. Contractor's Application and Certification for Payment should include the following supporting documentation: 1. An itemized summary of the materials, labor, and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed; the amount expended for such work the name of the person/entity providing the service or performing the work, proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially-complete designs, surveys, environmental documents and/or permit applications, drawings, and specifications (which must be made available upon request), and documentation demonstrating partial completion of construction activities. Deliverable lb: Sanitary sewer expansion, constructed as described in this task. as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to. during, DEP Agreement No. LP52090, Attachment A. Page 2 of 4 and immediately following comp|etionof the construction tas� D written verification that the Grantee has received record drawings and any required boo| inspection nopon(x) for the project; 3)signed acceptance of the completed work by the Grantee-,and 4) signed statement from a Florida 1-icensed Professional Engineer indicating construction has been completed in accordance with the design. D,orfnrcnuooc Standard: The UcyuMnncut'm {}ruot Manager will review the final deliverables to verify that they meet the specifications in the Grant Work P\uu and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written approval by the Dcpodoount`u Grant Manager ofall Gno| deliverables under this task, the Grantee may proceed with payment request submittal. PROJECT l[IM|B|LKNE; The tasks must be completed by the end of each tusk bnoe|iun and all dc|ivcruh|em must hcreceived by the designated due date. Deliverable Task or Deliverable Task Start Deliverable Due No. Title Date Task End Date Date/Frequency Construction July 1, 2015 October 31, 2018 "�,ot more than la Interim Deliverables once per month I b Final Deliverables August 31, 2018 BUDGET DETAIL BY TASK: I Contractual Services $500A0 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Category Totals Grant Funding, Not to Exceed, S50 Contractual Services Total $500.000 Total: S500,000 0BP&grecmcutNo. LP52090' &t1ucbmeut &, Page 3of4 Figure 1-Project Pi:m { w u n r„ a u a- p�MNra�ex l r i ., CLEARWATER IiitE:0. . T i KEY MAP DEP Agreement No. LP52090, Attachment A. Page 4 of 4 ATTACHMENT B-1 PAYMENT REQUEST SUMMARY FORM 0EP Aureomcu{ ,<o.: /\gocccnon1 Effective Dates: Grantee: Grantee's Grant Manager: Mui|in&Addrexx: Payment Request No. Date ofPoy000utRequest: Performance Period (Start date—EnJdu/e): Tumk/Dc}ivcrub\cNo(a). Task/[)e|ivorah\c /\000uot }lcquestcd: � GRANT EXPF-',,,'DITURES SUMMARY SECTION' [FHf—ective Date of Grant through End-of-Grant Period] AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDSFOR CUMULATIVE PAYMENT THIS REQUEST MATCHING REQUESTS FUNDS Equipment Purchases(if authorized) SN/A SN/A SN/A TOTAL TASK/DELIVERABLE S S BUDGET AMOUNT Requests of: TOTAL REMAINING IN TASK 7iii S 7S GRANTEE CERTIFICATION Complete Grantee's Certification of Poynocot Flrquca\ on Page 2 10 ocdi[v that the unonuoi being requested for reirnbursement above was for items that were charged to and utilized only forthe above cited grant activities. Attachment B-1. Page | of Grantee's Certification nf Payment Request ., (Print name of Grant Manager designated in the Agreement) on behalf uf do bcnchv certify that: (Print namouf{}rautue/Recipico1) G� The disbursement amount requested is for allowable costa for the project described in Attachment of Agreement. GO All costs included iu the amount requested have been satisfactorily pu,chamod, performed, received, and applied toward completing the project; such costs are documcn1cd by invoices or other appropriate duoum Agreement. G� The Grantee has paid Such costs under the terms and provisions o[contracts relating directly to the pr co/i and the Grantee is not indufauhof any terms or provisions of1b0000buoto. `» Check all that apply: [] All permits and approvals required for the construction, which is underway, have been obtained. [] Construction up to the point ofthis disbursement is in compliance with the construction plans and permits. [] The Grantee's Grant Manager relied on certifications from the f�o|lovvin& professionals that provided services for this project du6ug the time period covered hy this Certification of Payment Roquea/ and such certifications are included: ` Professional Service Provider Grantee's Grant Managei`s Signature Grantee's Fiscal Agent Print Name Print Name Telephone'Numhcr ---- -- --�Telephone'Number Attachment B-I. Page 2 of 3 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM 0EyAGREEMENT N0.: This io the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name o[the grantee's agency. GRANTEE'S GRANT MANAGER: This should bo the person idcn1ifiodus grant munugcrin the grant Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. PAYMENT REQUEST NQ.: 'This iu the number of your payment request, not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PDlll00: This is the beginning and ending date of the performance period for the taskildeliverable that the request is for(this must be within the timeline shown for the taskildeliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number ofthe task/deliverable that you are requesting payment for and/or claiming match for(must agree with the Current Grant Work Plan). TASK/DELIVERABLE t0( UN? REQUESTED: This should match the amount on t h e ^ T0?Al 7ASK/0EL/yE&4BLE BUDGET AM00Y7''line for the"AMOUNT 0FD9IS REQUEST'column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the omount that was expended for this task during the period this task. This must agree vvi1hthe currently approved budget inthe ~' �^ ~' �`~ ~- -`---f= �ur�&n i&���m�nt� D000tc\uimoxpcnyosioubudgcxco1ego,y16u1doeuno1haveoo °""""~~^ ~~^'` ^ — - '- grant approved budget Um not clai m items that are not specifically u]|y idotifioJ in the current Grant Work Plan. Enter the column total on`'c"YDC4L AM0DN7- |ioc. Enter the amount u[the task on the"TOTAL TASK 8DDCETAM0OA'7` line. Enter the total^cumulative amount nf this request and all previous payments on the^^LfS3R}TA!CUAIO/A?Y171', PdY3GNTKFJO/SIS0r` |ine. Deduct the^l/SS TOTAL CDYOLA7}�CpAYWEN786 )DESI3 OF' 6omthe "TOTAL TASK BUDGET AMOUNT' for the amount 1oenter on "TOTAL 8EIVA/N/NC0 %4SK` iinu "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: . Enter the cumulative amounts that have been requested ^~ date for reimbursement- - by budget ~ ' should show the total uf all requests; first through the final request(this amount cannot exceed the approved budget arnount for that budget category for the task you are reporting on). Enter the column total uo the^ /u TAlS, line. nv not enter anything io the shaded areas. "MATCHING FUNDS" COLUMN: En1ur /be amount tobc claimed as match for the performance period for the `~~^y~~~--'-~-`"-on.' ' be shown under specific budget categories according tm the currently approved Grant Work Plan. Enter the total on the"TOTAL J80/,�-\!7` line for this column. Enter the match budget amount on the "TOTAL %f~ { 8 --ET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed-'the"LESS TOTAL CUMOLA7YCEyJYMEN73 OF'line for this column. Deduct the"LESS 70YU/CUM7Y PAYMENTS Of"from the"TOTAL TASK 8D )OETA8/0LNT`for the amount to enter mnthe ^717AL RE8&/LVDV(7IV TASK"line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to /' n the line ddcJ'^D77ALS.- The final rcpodshould show the~�~~- --'- ~ ` ' total all claims, first claim through the final claim, etc. 0o not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers |ctcJ during the period included inthepoquu� for payment. ��uu( busigned by both the~^^ certified-Grantee's ( not )�uouC'ruoidxodficd |ntb«gcoutogroommotond <hoGrao/ec`sPiacu|Agen{. If uo/muiog reimbursement for truvo ^ | you must include copies of receipts and u copy of the travel reimbursement form approved by the Department of Financial Services,Chief Financial Officer. Documentation for match c|u|my must meet the same requirements us those expenditures for reimbursement. Attachment B'l. Page 3o[3 ATTACHMENT G-1 SPECIAL AUDIT REQUIRENIEVT'S The administration of resources awarded by the Department of Environmental Protection (which iyj be referred to as the "Department", "DEP "PDEP" or "Grantor", or other name in the contract,agreement) to the recipient (which may be referred to as the "Contractor", Grantee"or other name in the contract agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MO\ITORI\G In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. 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 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 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 internet at httn://12.46.245.173/cf la/efda.litml. Attachment G-1, 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 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 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 https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http:,/www.leg.state.fl.Lls/Welcome'index.cfi-n, State of Florida's website at http•//www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at littp://www.state.fl.us/audge III. OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State au arding entity's policy(i.e., the audit is not required by Federal or State IcAl's and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.9', Florida Statutes. In such an event, the State awarding agency,must arrange for funding the frill cost gfsuch 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: Attachment G-1. Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditgdep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN' 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320(e)and(f), OMB Circular A-133,as revised. 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 one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSini4leAuditAdep.state.f7.us 3. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly,to each of the following: A. The Department of I.`nvironmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FI)EPSingleAudit'iz?dep.state.fl.us Attachment G-1, Page 3 of 5 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 4. Copies of reports or management letters required by PART III of this:Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditede)state.fl�us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes,or Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PAR'r 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. REMAI\DER OF PAGE INTE\TIO\ALLY LEFT BLANK Attachment G-1. Page 4 of 5 2 ct Li 40 C f &9l ci -0 VII 0 cj C-1 40 ci E Cd L.L. E Lrl 0 CJ 7 CL CL) cj ci 2 2 ci oz Em th N 0 a3 g cr -C 5� op C-i VeparA Rick Scott Florida Department of Governor 01 0 Environmental Protection - Carlos Lopez-Canters Marjory Stoneman Douglas Building Lt. Governor 0 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Jonathan P. Steverson 4pen t a 1 91 Secretary FED EX DELIVERY - SIGNATURE REQUIRED JUL 1 8 2016 Mr. Robert Fahey 9 Grant Manager City of Clearwater 100 South Myrtle Avenue#220 Clearwater, Florida 33756 Re: LP52090—Clearwater Clearwater Sanitary Sewer Expansion Dear Mr. Fahey: Enclosed is one original of Amendment I to the City's wastewater improvement project. The amendment provides additional funding and extends the date of completion for the project. The amendment is now in effect. If we may be of further assistance, please contact Hana Juman at(850) 245-2920. Sincerely, "N Angel necht, Program Administrator State Revolving Fund Management AK/fJ Enclosure cc: William B. Home— City of Clearwater Judith Crawford— City of Clearwater Khang Nguyen—City of Clearwater www.del)..state,f4 U.5