HomeMy WebLinkAbout2280 Agreement No. LPA 5901A Amendment 2PUBLIC WORKS & UTILITIES
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Ordinance
❑ Resolution
M Agrement No. LPA 5901A Amendment 2
❑ City Manager's signature
❑ Recording
❑ Rendering
Z Safe keeping (Vault)
❑ Other
Once completed, please:
❑ Return original
❑ Return copy
❑_ Notify us it has been received for safe keeping
Special Instructions: Please Store for safe Keeping.
Thank you!
M. McKinley & E.Jones 12/16/2020
From Date
AMENDMENT NO. 2
TO AGREEMENT NO. LP5901A
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF SANFORD
This Amendment to Agreement No. LPA5901 A, as previously amended, (Agreement) is made by and
between the Department of Environmental Protection (Department), an agency of the State of Florida, and
The City of Sanford. (Grantee), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for Sanford Nutrient Reduction
- Lakes Monroe and Jesup effective October 30, 2018; and,
WHEREAS, funding in the amount $500,000 was provided under Line Item 1595A of the 2018-2019
General Appropriations Act for Sanford Nutrient Reduction — Lakes Monroe and Jesup ("Project"); and,
WHEREAS, funding in the amount $750,000 was provided under Line Item 1657A, of the 2019-2020
General Appropriations Act for Sanford Nutrient Reduction - Lakes Monroe and Jesup; and,
WHEREAS, $750,000 in additional funding for this Project was provided under Lille Item 1635A of the
2020-2021 General Appropriations Act; and,
WHEREAS, $500,000 in additional funding for this Project was provided under Line Item 1641C of the
2020-2021 General Appropriations Act; and the total funding for this Agreement is now $2,500,000; and,
4:1
WHEREAS, certain provisions of the Agreement need revision.
NOW THEREFORE, the parties agree as follows:
1. Attachment 3-1, Grant Work Plan, is hereby deleted in its entirety and replaced with
Attachment 3-2, Revised Grant Work Plan, as attached to this Amendment and hereby
incorporated into the Agreement. All references in the Agreement to Attachment 3-1 shall
hereinafter refer to Attachment 3-2, Revised Grant Work Plan.
2. Attachment 5-1, Special Audit Requirements, is hereby deleted in its entirety and replaced
with Attachment 5-2, Revised Special Audit Requirements, attached hereto and made a part of
the Agreement. All references in the Agreement to Attachment 5-1, shall hereinafter refer to
Attachment 5-2, Revised Special Audit Requirements.
3. All other terms and conditions of the Agreement remain in effect. If and to the extent that any
inconsistency may appear between the Agreement and this Amendment, the provisions of this
Amendment shall control.
DEP Agreement No. LP5901A, Amendment No. 2, Page 1 of 2
IN WITNESS WHEREOF, the parties have caused this amendment to Agreement No. LP5901A to be
duly executed, the day and year last written below.
CITY OF SANFORD
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
City Man 6—er----l�'
Print Name of Authorized Person
Date:
Secretary or Designee
Print Name and Title of Authorized Person
Date:
Evan Beitsch, DEP Grant Manager
Sandra Waters, DEP QC Reviewer
List of attachments/exhibits included as part of this Amendment:
Letter/
Specify Type Number Description (include number of pages)
Attachment 3-2 Revised Grant Work Plan (3 Pages)
Attachment 5-2 Revised Special Audit Requirements (5 pages)
DEP Agreement No. LP5901A, Amendment No. 2, Page 2 of 2
ATTACHMENT 3-2
REVISED GRANT WORK PLAN
PROJECT TITLE: Sanford Nutrient Reduction at Lake Jesup and Lake Monroe Watersheds
PROJECT LOCATION: The Project will be located in the St. Johns River Middle Basin and Lake Jesup
area within the City of Sanford in Seminole County; Lat/Long (28.7734, -81.1629).
PROJECT BACKGROUND: The City of Sanford (Grantee) has prioritized protecting the Lake Monroe
Watershed by implementing improvements to the sanitary sewer collection system (SSCS) to reduce
infiltration and inflow into the system. Infiltration and inflow are caused by groundwater and stormwater
that enters the SSCS through the buried pipe network and manholes, or through surface entrance points.
The Grantee has been evaluating and rehabilitating the SSCS on a priority basis since 2005, based on
funding availability. By analyzing conditions within the SSCS during both dry and wet weather, the Grantee
has been able to identify pump station areas with the highest levels of infiltration and inflow. The wet period
during and after Tropical Storm Fay in August 2008 provided data that was recently used to help prioritize
areas within the City for pipelining. The Project will reduce water effluent discharge(s) and provide nutrient
reductions to the Lake Jesup and Lake Monroe Watersheds.
PROJECT DESCRIPTION: The Grantee will upgrade the existing SSCS infrastructure in the City of
Sanford Priority Area 3. The Project will also include an Inflow and Infiltration. Study of the western side
of the City to identify critical areas for inflow and infiltration in the SSCS.
TASKS:
All documentation should be submitted electronically unless otherwise indicated.
Task 1: Inflow & Infiltration Studv
Deliverables: The Grantee will perform an Inflow & Infiltration Study that will detail the scope of the
problem in the analysis area, outline design options, and identify tasks required to complete resolution of
the problem.
Documentation: The Grantee will submit the final Inflow & Infiltration Study report.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following
the conclusion of the task.
Task 2: Design and Permitting
Deliverables: The Grantee will complete the design of SSCS infrastructure improvements and obtain all
necessary permits for construction of the project.
Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as
provided in the Grantee's Certification of Payment Request; and 2) a summary of design activities to date,
indicating the percentage of design completion for the time period covered in the payment request. For the
DEP Agreement No. LP5901 A, Attachment 3-2, Page 1 of 3
final documentation, the Grantee will also submit a copy of the design completed with the fielding provided
for this task and a list of all required permits identifying issue dates and issuing authorities.
The final design will be required if Construction is included in the Grant Work Plan.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
Task 3: Proiect Management
Deliverables: The Grantee will perform project management, including field engineering services,
construction observation, site meetings with construction contractor, and design professionals, and overall
project coordination and supervision.
Documentation: The Grantee will submit interim progress status summaries including summary of
inspection(s), meeting minutes and field notes, as applicable.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
Task 3: Construction
Deliverables: The Grantee will construct SSCS infrastructure improvements in accordance with the
construction contract documents.
Documentation: The Grantee will submit a signed acceptance of the completed work to date by the Grantee
and the Engineer's Certification of Payment Request.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
DEP Agreement No. LP5901A, Attachment 3-2, Page 2 of 3
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation
received by, the corresponding task end date.
Task
Task Title
Budget
Grant
Task Start
Task End
No.
Category
Amount
Date
Date
I
Study
Contractual
$294,164.50
07/01/2018
12/31/2021
Services
Contractual
2
Design and Permitting
Services
$125,000.00
07/01/2018
12/31/2021
3
Project Management
1
Contractual
Services
$185,995.00
07/01/2018
12/31/2021
Contractual
4
Construction
Services
$1,894,880.50
07/01/2018
12/31/2021
Total
$2,500,000.00
DEP Agreement No. LP5901 A, Attachment 3-2, Page 3 of 3
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5-1
The administration of resources awarded by the Department of Environmental Protection (ivhich may be referred to
as the "Department", "DEP", 7DEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the 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 2 CFR Part 200, Subpart F -Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, 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 (CFO) or Auditor General.
AUDITS
PART 1: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program -
specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT I 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 detennination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than $750,00 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit trust be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at www.efda.gov
Attachment 5-1
1 of 7
BGS -DEP 55-215 revised 7/2019
PART 11: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project -specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT I to this form lists the 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.
In connection with the audit requirements addressed in Part Il, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 21597(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), 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 $750,000 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 htips:Hal2ps.fidfs.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.cftn, State of Florida's website at http://www.myflorida.col
Department of Financial Services' Website at http://www.fldfs.coniland the Auditor General's Website at
h!ip://www.myflorida.com/audgen/.
PART 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 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 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 215.97, 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
Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5-1
2of7
BGS -DEP 55-215 revised 7/2019
By Mail:
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,
Z�
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://hai-vester.census.gov/facweb/
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 Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit(&dep.state.fl.us
B. The Auditor General's Office at the following address:
C,
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (http://flauditor.go-,,/ filing an
) provides instructions for fi
electronic copy of a financial reporting package.
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 Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
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 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
Attachment 5-1
3 of 7
BGS -DEP 55-215 revised 7/2019
Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
L,
audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
Z�
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the teens of the award and this
Agreement for a period of five (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
Z�
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 three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5-1
4 of 7
BGS -DEP 55-215 revised 712019
z
`�
Uri
V)
U
ca
Lxr
LL,
it
U
U
r_
c3
O
r—L
E
E
0
u
0
u
71-
0
ej
Lar
CIO
W
W
LL
U)
PC
Cl
'Ir
ti
Q)
cd
i.
E
Cl
CJ
�To
z
U
ca
U
U
r_
c3
O
r—L
E
E
0
u
0
u
71-
0
Lar
CIO
W
W
LL
U)
PC
Cl
fi
O
4
It
0
U
U
C�
C>
0
t
U
in
0
0
O
17,
C:)
C)
C>
0
6
(0
C>'
O
tc
C�
v>
kn
C-
V)
bk
tj
"a
GS
Os
Q
0
0
0
0
uLT.
CZ
0
U0
4.
O
Qm
OU
14
o
0
0
cU
0
U '4
U cn
COO
cn a
cn
0 cl,
U
u
(A
cf) of
O
t4
bc
(r��
u
r2
Z
as
C)
O
C)
O
Ln
C)
.14
C14
U-0
fi
O
4
It
0
bij
t)
C�
C>
0
t
U
17,
C:)
C)
C>
0
6
(0
C>'
O
tc
C�
v>
kn
C-
V)
bk
tj
"a
GS
Os
Q
0
0
0
0
Cz
'0
CZ
0
U0
14
o
0
0
0
U '4
U cn
COO
cn a
cn
0 cl,
(A
cf) of
O
(r��
u
r2
Z
as
C)
O
C)
Ln
C)
.14
C14
r4
ci
w
tc
W
tc
Eo
Ona
c;3
>
>
cu
>
o
0
C-4
0
cn
0
W
m