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2280 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. 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