DEP AGREEMENT NO LP52090 AMENDMENT NO 2DEP AGREEMENT NO. LP52090
CITY OF CLEARWATER
AMENDMENT NO. 2
THIS AGREEMENT as entered into on the 1st day of October, 2014, and amended on the 15th day of
July, 2016, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred
to as the "Department ") and the CITY OF CLEARWATER (hereinafter referred to as the "Grantee ") is hereby
amended.
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 ( "Project "); and
WHEREAS, funding in the amount $250,000 was provided under Line Item 1662A of the 2015 -2016
General Appropriations Act; and
WHEREAS, $250,000 in additional funding for this Project was provided under Line Item 1600A of the
2016 -2017 General Appropriations Act; and
WHEREAS, the Grantee has requested a revision in the scope of work; 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, as amended, is hereby revised to change the completion date of the
Agreement from October 31, 2018, to June 30, 2019.
2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the following:
FUNDING/CONSIDERATION/INVOICING:
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 $750,000. 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.
A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
between approved budget categories, as defined in Attachment A, are less than ten
percent (10 %) of the total budget as last approved by the Department. All Change Orders
are subject to the mutual agreement of both parties as evidenced in writing.
ii. A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount, a change in the
Grantee's match requirements, a change in the expiration date of the Agreement, and/or
changes to the cumulative amount of funding transfers between approved budget
categories, as defined in Attachment A, exceeds or is expected to exceed ten percent
(10 %) of the total budget as last approved by the Department. All Amendments are
subject to the mutual agreement of both parties as evidenced in writing.
DEP Agreement No. LP52090, Amendment No. 2, Page 1 of 10
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A -2, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B-
1, Payment Request Summary Form. To be eligible for reimbursement, costs must be in
compliance with laws, rules and regulations applicable to expenditures of State funds, including,
but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: http: / /www.myfloridacfo.com/aadir /reference_guide /. All invoices for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit
and post -audit thereof. A final payment request should be submitted to the Department no later
than sixty (60) calendar days following the completion date of the Agreement, to assure the
availability of funds for payment. All work performed pursuant to Attachment A -2 must be
performed on or before the completion date of the Agreement, and the subsequent sixty-day
period merely allows the Grantee to finalize invoices and backup documentation to support the
final payment request.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set
forth in Attachment C, Contract Payment Requirements. The Payment Request Summary
Form shall be accompanied by supporting documentation and other requirements as follows for
each deliverable: Reimbursement shall be limited to the following budget categories:
Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours spent on the
project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be
calculated based on the prevailing rate used by the State Board of Administration.
Subcontracts, which involve equipment purchases as part of an installation/retrofit or that
include infrastructure and/or infrastructure improvements, as defined in Florida Chief
Financial Officer (CFO) Memorandum No. 5 (2011- 2012), must be capitalized in
accordance with Chapter 69I -72, Florida Administrative Code (F.A.C.). The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts
that include the purchase of equipment as part of the delivery of services. The Grantee
shall comply with this requirement and ensure its subcontracts issued under this
Agreement, if any, impose this requirement, in writing, on its subcontractors.
For fixed -price (vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed -price subcontracts to
consultants /contractors in performing the work described in Attachment A -2.
Invoices submitted to the Department for fixed -price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (i.e., Invitation to Bid
or Request for Proposals) resulting in the fixed -price subcontract.
b. The Grantee may request approval from the Department to award a fixed -price
subcontract resulting from procurement methods other than 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
DEP Agreement No. LP52090, Amendment No. 2, Page 2 of 10
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. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
E. In addition to the invoicing requirements contained in paragraphs 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.myfloridacfo.com/aadir/reference_guide/.
F. i. 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.
ii. 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.
iii. 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
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.
3. Section 5. of the Agreement is hereby deleted in its entirety and replaced with the following:
REPORTS:
A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed
during the reporting period, problems encountered, problem resolutions, scheduled 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
DEP Agreement No. LP52090, Amendment No. 2, Page 3 of 10
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. The Grantee will identify the expected return on investment for this project and provide this
information to the Governor's Office of Policy and Budget (OPB) within three months of
execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide
quarterly update reports directly to OPB, no later than 20 days after the end of each quarter,
documenting the positive return on investment to the state that results from the Grantee's project
and its use of funds provided under this Agreement. Quarterly reports will continue until the
Grantee is instructed by OPB that no further reports are needed, or until the end of this
Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at
env.roi @laspbs.state.fl.us, and a copy shall also be submitted to the Department at
legislativeaffairsna,dep. state.fl.us.
4. Section 8. of the Agreement is hereby deleted in its entirety and replaced with the following:
DEFAULT/TERMINATION /FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by 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 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. 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 which the Agreement is to be
terminated. If the Agreement is terminated before performance is completed, the Grantee shall be
paid only for that work satisfactorily performed for which costs can be substantiated.
C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing of the
anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay
and the Grantee's intended timetable for implementation of such measures. If the parties agree that
the delay or anticipated delay was caused, or will be caused by a force majeure, the Department
may, at its discretion, extend the time for performance under this Agreement for a period of time
equal to the delay resulting from the force majeure upon execution of an amendment to this
Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if
necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or
other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire,
flood, explosion, failure to receive timely necessary third party approvals through no fault 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 is
responsible for the performance of all services issued under this Agreement. Failure to perform by
the Grantee's consultant(s) or subcontractor(s) shall not constitute a force majeure event.
5. Section 12. of the Agreement is hereby deleted in its entirety and replaced with the following:
SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment G, Special Audit Requirements, attached hereto
DEP Agreement No. LP52090, Amendment No. 2, Page 4 of 10
and made a part hereof. Exhibit 1 to Attachment G summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment G. 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 G,
Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall
utilize the guidance provided under 2 CFR §200.330 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:
https: \\apps. 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.
6. Section 13. of the Agreement is hereby deleted in its entirety and replaced with the following:
SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed -price subcontracts pursuant to paragraph
3.D. of this Agreement, which require prior approval. The Grantee shall submit a copy of the
executed subcontract to the Department prior to submitting any invoices for subcontracted work.
Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed
under this Agreement. 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 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 may be obtained by
contacting the Office of Supplier Diversity at (850) 487 -0915.
7. Section 17. of the Agreement is hereby deleted in its entirety and replaced with the following:
NOTICE:
All 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. Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 17.
8. Sections 18 and 19. of the Agreement are hereby deleted in their entirety and replaced with the following:
DEP Agreement No. LP52090, Amendment No. 2, Page 5 of 10
CONTACTS:
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is identified below:
Farhana Juman, or Successor
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd., MS# 3505
Tallahassee, Florida 32399
Telephone No.:
850- 245 -2920
E -mail Address:
Farhana.Juman ndep.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is identified below:
Jennifer Shannon, or Successor
City of Clearwater
100 South Myrtle Avenue #220
Clearwater, Florida 33756 -5520
Telephone No.:
727 -562 -4773
Fax No.:
727 -562 -4755
E -mail Address:
Jennifer.Shannon@myclearwater.com
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail
with acknowledgement by the other party will be acceptable. Any subsequent Change Order or
Amendment pursuant to paragraph 3.B should include the updated Grant Manager information.
9. Sections 20 and 21. of the Agreement are hereby deleted in their entirety and replaced with the following:
INSURANCE:
A. Providing and maintaining adequate insurance coverage is amaterial obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub - grantee,
or Grantee's contractors. 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.
B. Coverage may be by private insurance or self - insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All commercial 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 Grant Manager. If the Grantee is self - funded for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self - funded for said insurance, appropriate and allowable under Florida law, and that such
self - insurance offers protection applicable to the Grantee's officers, employees, servants and
agents while acting within the scope of their employment with the Grantee for the entire length of
the Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
DEP Agreement No. LP52090, Amendment No. 2, Page 6 of 10
subcontract issued for the performance of the work specified under this Agreement, unless such
sub grant or subcontractor employees are covered by the protection afforded by the Grantee.
i. Workers' Compensation Insurance is required for all employees connected with the work
of this project. Any 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 proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
ii. Commercial General Liability insurance is required, including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability insurance is required, 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 contractors. 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 Non -owned Automobile Liability Coverage
iv. Other Insurance may be required if any work proceeds over or adjacent to water,
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. Questions concerning
required coverage should be directed to the U.S. Department of Labor
( http: / /www.dol.gov /owcp /dlhwc /lscontac.htm) or to the parties' insurance carrier.
10. Section 23. of the Agreement is hereby deleted in its entirety and replaced with the following
EQUIPMENT:
The purchase of non - expendable personal property or equipment costing $1,000 or more purchased for
purposes of this Agreement remains the property of the Grantee. Upon satisfactory completion of this
Agreement, the Grantee may retain ownership and will require its subcontractor to account for and report
on all non - expendable personal property or equipment purchased under its subcontract. Non - expendable
personal property or equipment purchased by a subcontractor that meets the parameters set forth in
paragraph 3.D. of this Agreement shall be capitalized in accordance with Chapter 69I -72, F.A.C., with
property records maintained by the Grantee for audit purposes. The following terms shall apply:
A. The Grantee and /or its subcontractor shall have use of the non - expendable personal property or
equipment for the authorized purposes of the contractual arrangement as long as the required work
is being performed.
B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep
the non - expendable personal property or equipment in good operating condition.
C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury
caused by the use of, non - expendable personal property or equipment purchased with state funds
and held in Grantee's possession for use in a contractual arrangement with the Department.
DEP Agreement No. LP52090, Amendment No. 2, Page 7 of 10
11. Section 24. is deleted and replaced with RESERVED.
12. Section 34. of the Agreement is hereby deleted in its entirety and replaced with the following:
EXECUTION IN COUNTERPARTS:
This Agreement, and any Amendments or Change Orders thereto, 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.
13. Section 36. is added to the Agreement as follows:
PUBLIC RECORDS ACCESS:
A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to
either provide to the Department upon request, or to allow inspection and copying of all public
records made or received by the Grantee in conjunction with this Agreement and subject to
disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.
C. If Grantee meets the definition of "Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with
a public agency and is acting on behalf of the public agency], then the following requirements
apply:
i. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requested records, the Department shall immediately notify the
Grantee of the request, and the Grantee must provide the records to the Department or
allow the records to be inspected or copied within a reasonable time. If Grantee fails to
provide the public records to the Department within a reasonable time, the Grantee may
be subject to penalties under s. 119.10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide
the Department with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
iii. Grantee shall identify and ensure that all public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following completion of
the Agreement if the Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement. If the Grantee transfers all
public records to the Department upon completion of the Agreement, the Grantee shall
DEP Agreement No. LP52090, Amendment No. 2, Page 8 of 10
destroy any duplicate public records that are exempt or confidential and exempt from
public disclosure requirements. If the Grantee keeps and maintains public records upon
completion of the Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records that are stored electronically must be provided to
Department, upon request from the Department's custodian of public records, in a format
that is accessible by and compatible with the information technology systems of
Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245 -2118, by email at ombudsman @dep.state.fl.us, or at the
mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
14. Section 37. is added to the Agreement as follows:
TERMINATION FALSE CERTIFICATION, SCRUTINIZED COMPANIES, BOYCOTTING:
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section
287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for
applicable sub - agreements entered into for the performance of work under this Agreement. Pursuant to
Section 287.135, F.S., the Department may immediately terminate this Agreement for cause if the Grantee,
its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its
affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in
prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8),
F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.
15. Attachment A -1, Revised Project Work Plan, is hereby deleted in its entirety and replaced with
Attachment A -2, 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 -2,
Revised Project Work Plan.
16. Attachment G -1, Special Audit Requirements, is hereby deleted in its entirety and replaced with
Attachment G -2, Revised Special Audit Requirements, attached hereto and made a part of the Agreement.
All references in the Agreement to Attachment G -1, shall hereinafter refer to Attachment G -2, Revised
Special Audit Requirements.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP52090, Amendment No. 2, Page 9 of 10
IN WITNESS WHEREOF, the parties have caused this amendment to Agreement LP52090 to be duly
executed,the day and year last written below.
CITY OF CLEARATER STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
City Manager
Secre n dor designee
Print Name of Authorized Person Print Name and Title of Authorized Person
Date: Date:
Farhana Juman, tllrl:�(„:rant Manager
` sti u 1
{ r
DEP Q� ' eviewer
FEID No.:59-6000289
List of attachments/exhibits included as part of this Amendment:
Letter/
Specify Type Number Description(include number of pages)
Attachment A-2 Revised Project Work Plan(4 Pafies)
Attachment G-2 Revised Special Audit Rerements
***See Attached signature page for City of
Clearwater signatures***
DEP Agreement No.LP52090,Amendment No.2,Page 10 of 10
DEP Agreement No. LP52090
City of Clearwater
Amendment No. 2
Countersigned:
- ckez(It C't 4O5
George N. Cretekos
Mayor
Appro ed a
hew Smit
Assistant City
rney
CITY OF CLEARWATER, FLORIDA
By: 1 J.4h:,., fS- ldoy,.oa
William B. Home II
City Manager
Attest:
Rosemarie Call
City Clerk
ATTACHMENT A -2
REVISED GRANT WORK PLAN
PROJECT TITLE: Clearwater Sewer System Expansion Project
PROJECT LOCATION: The Project will be in the City of Clearwater (Grantee) neighborhood
known as Kapok Terrace which is located in the Alligator Creek Watershed (WBID 1574) and
the Coastal Zone 3 Watershed (WBID 1603) which are located in the City of Clearwater in
Pinellas County. Both watersheds drain to Old Tampa Bay (WBID 1558H). See Figure 1 for a
location map and site plan. Latitude — 27.972; Longitude — 82.711.
PROJECT BACKGROUND: Pinellas County is the most densely urbanized county in the
state and many of the local water bodies have been verified impaired for fecal coliforms,
dissolved oxygen and /or nutrients. Replacing septic tanks with a sewer system that connects to
an advanced wastewater treatment plant will help reduce the pollutant loadings on the local
surface waters as required by the Total Maximum Daily Loads for each WBID.
In January of 2011, the City of Clearwater updated the "Sewer System Expansion Feasibility
Study ", which identified 33 areas that could be added to the City's wastewater collection system
and prioritized the expansion of the wastewater service into these areas. The City adopted the
recommendations of the Feasibility Study and has developed a Capital Improvements Plan that
includes the removal of septic tank systems over a 20 -year period. The removal of
approximately 500 septic tank systems from the first five highest priority areas has been
completed.
This project includes sewer extension, connections, and septic tank abandonment in three areas.
The Kapok Terrace project area includes approximately 135 septic tank systems.
PROJECT DESCRIPTION: The Grantee will expand the sanitary sewer system by installing
gravity sanitary sewer mains including connections to the existing collection system, manholes,
laterals and cleanouts to connect properties in the neighborhood. The project also involves
constructing new service laterals and connecting to the gravity sewer as well as abandon existing
individual septic tanks on private property. Finally, the Grantee will restore public right of ways
and private properties to pre- construction conditions or better. Kapok Terrace will have
approximately 7,400 linear feet of gravity sewer main installed along with 34 sewer manholes,
and the abandonment of approximately 135 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.
Deliverable la: Construction completed to date as described in this task, as evidenced by these
interim deliverables: 1) Signed acceptance of the completed work by the Grantee, 2) Contractor's
Application and Certification for Payment, and 3) dated color photographs of on -going work
representing time period covered in payment request. These interim deliverables must be
DEP Agreement No. LP52090, Attachment A -2, Page 1 of 4
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 and specifications. Upon review and written acceptance of each monthly
interim deliverable submittal by the Department's Grant Manager, the Grantee may proceed with
payment request submittal for costs associated with that monthly submittal 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,
and immediately following completion of the construction task; 2) written verification that the
Grantee has received record drawings and any required final inspection report(s) for the project;
3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a
Florida Licensed Professional Engineer indicating construction has been completed in
accordance with the design.
Performance Standard: The Department's Grant Manager will review the final deliverables to
verify that they meet 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 approval by the Department's Grant Manager of all final deliverables
under this task, the Grantee may proceed with payment request submittal.
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.
DEP Agreement No. LP52090, Attachment A -2, Page 2 of 4
PROJECT TIMELINE AND BUDGET DETAL: The tasks must be completed by the end of
each task timeline and all deliverables must be received by the designated due date.
Task
No !
Task Title
Budget Cat eg ry :
Budget
Amount
Tusk Start
Date
Task End
e
1
Construction
Contractual
Services
$750,000
7/1/2014
12/31/2018
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP52090, Attachment A -2, Page 3 of 4
Figure 1: Kapok Terrace Area Map
DEP Agreement No. LP52090, Attachment A -2, Page 4 of 4
ATTACHMENT G -2
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department" "DEP", "FDEP" 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.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART 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 htta:/ /12.46.245.173 /cfda /cfda.html.
Attachment G -2, Page 1 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.us /Welcome /index.cfm, 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 http: / /www.state.fl.us /audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 21 5.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A -133, as revised, by or on behalf of the recipient directly to each of the following:
Attachment G -2, 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:
FDEPSingleAudit@dep.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:
FDEPSingleAudit(dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at 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:
FDEPSingleAudit@dep.state.fl.us
Attachment G -2, 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:
FDEPSingleAudit(adep. 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.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment G -2, Page 4 of 5
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
State
Appropriation
Category
Original
Agreement
g
General Appropriations,
Line Item 1668A
2014 -2015
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$250,000.00
Amendment 1
General Appropriations,
Line Item 1662A
2015 -2016
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$250,000.00
140047
Amendment 2
General Appropriations,
Line Item 1600A
State Resources Awarded to the Recipient
Pursuant to this Agreement
CFDA
Consist of the Following Matching Resources
CFDA Title
for Federal Programs:
Funding Amount
CSFA
Number
Federal
Program
Number
Federal Agency
State
Appropriation
Category
Original
Agreement
g
General Appropriations,
Line Item 1668A
2014 -2015
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$250,000.00
Amendment 1
General Appropriations,
Line Item 1662A
2015 -2016
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$250,000.00
140047
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
140047
Original
Agreement
g
General Appropriations,
Line Item 1668A
2014 -2015
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$250,000.00
Amendment 1
General Appropriations,
Line Item 1662A
2015 -2016
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$250,000.00
140047
Amendment 2
General Appropriations,
Line Item 1600A
2016 -2017
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$250,000.00
140047
C
Total Award
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http:/ /12.46.245.173 /cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https: // apps. fldfs .com /fsaa/searchCatalog.aspx]. The
services /purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
Attachment G -2, Page 5 of 5