HomeMy WebLinkAbout99-23205 RESO
RESOLUTION NUMBER 99-23205
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, PROVIDING $250,000 TO THE CITY FOR USE IN THE
CONSTRUCTION OF THE CENTRAL MIAMI BEACH EROSION CONTROL
BREAKW ATER PROJECT AND APPROPRIATING THE GRANT FUNDS FOR THAT
PURPOSE.
WHEREAS, the City and the Miami-Dade County Department of Environmental
Resources Management (DERM) have been collaborating on an effort to improve and stabilize our
beaches; and
WHEREAS, an analysis of the Miami Beach shoreline coastal processes was conducted
which revealed the presence of several "hot spot" areas along our shoreline which accounted for
the majority of the sand that has eroded from the Miami Beach shoreline; and
WHEREAS, the worst of these hot spots is confined within a four block area from 28th
Street to 32nd Street and is responsible for the loss of more than $1.5 million annually; and
WHEREAS, to address the critical state of erosion that exists in this area, the City
obtained a special $250,000 grant appropriation from the State of Florida and a commitment from
the State and the County to split the project costs in excess of the City's $250,000 grant; and
WHEREAS, the County's coastal engineering consultant has designed a series of three
breakwaters to be built along the beachfront between 28th and 32nd Streets, which will redirect
wave energies and control the coastal processes to eliminate the cause of the hot spot; and
WHEREAS, the total cost of the project has been estimated at $700,000; and
WHEREAS, the City Commission adopted Resolution No. 99-23144 on April 28, 1999,
authorizing the execution of an lnterlocal Agreement, which provides for Miami-Dade County to
complete the construction of the breakwaters and then be reimbursed by the City, for up to $250,000
in eligible construction costs, utilizing the special grant funds awarded to the City for this project;
and
WHEREAS, in order for the City to obtain the grants funds from the State, the City must
enter into an Grant Agreement with the FDEP; and
WHEREAS, the City must execute the attached Grant Agreement and return it to the FDEP
by June 15, 1999, in order to secure the grant funds before the end of the State's fiscal year.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Clerk are hereby authorized to execute a Grant Agreement with the Florida Department of
Environmental Protection, providing $250,000 in special grant funds to the City, for use in the
construction of the Central Miami Beach Erosion Control Breakwater Project and appropriating the
grant funds for that purpose.
Passed and Adopted this 9th day of June, 1999.
idI
MAYOR
ATTEST:
jJl;Mr ~~
CITY CLERK
APPROVED ~ TO
FORM & LANGUAGE
& fOR EXECUTION
1tt~
City Attorntty
~.
CITY OF MIAMI BEACH
m
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: June 9, 1999
FROM:
Sergio Rodriguez
City Manager
#
SUBJECT:
A RESOLUT N OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROVIDING $250,000 TO THE CITY FOR USE IN THE CONSTRUCTION
OF THE CENTRAL MIAMI BEACH EROSION CONTROL BREAKWATER
PROJECT AND APPROPRIATING THE GRANT FUNDS FOR THAT
PURPOSE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City and the Miami-Dade County Department of Environmental Resources Management
(DERM) have been collaborating on an effort to improve and stabilize our beaches. As part of that
effort, the presence of several erosion "hot spot" areas along our shoreline which account for the
majority of the sand that erodes from our beaches were discovered. The worst of these hot spots is
confined within a four block area from 28th Street to 32nd Street. This hot spot has been shown
to be responsible for the loss of more than 120,000 cubic yards of sand each year and in turn
accelerates the erosion of the beach for as much as a mile to the north. With beach renourishment
costs at about $14/cubic yard of sand, this hot spot translates into a loss of more than $1.5 million
annually.
To address the critical state of erosion that exists in this area, the City obtained a special grant-in-aid
appropriation, in the amount of $250,000, from the State of Florida to fund the development of an
erosion control breakwater. The City also obtained a commitment from the State and Miami-Dade
County to share the remaining design, permitting and construction costs.
A coastal engineering consultant, hired by the DERM, has designed a series of three breakwater
structures to be built along the beachfront between 28th and 32nd Streets. The design of the
APPROVED
AGENDA ITEM C, 1V
DATE G,-q..99
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structures was developed in close cooperation with, and with technical input from, the Florida
Department of Environmental Protection, Bureau of Beaches and Coastal Systems (FDEP) and the
U.S. Army Corps of Engineers (ACOE).
The breakwaters have been designed to redirect wave energies and control the coastal processes to
eliminate the cause of the hot spot. Eliminating this hot spot will widen and stabilize approximately
one mile of beach. The estimated cost for the construction ofthe breakwaters is $700,000.
To facilitate the construction ofthe breakwaters, the City Commission adopted Resolution No. 99-
23144 on April 28, 1999, authorizing the execution of an Interlocal Agreement which provides for
Miami-Dade County to complete the construction of the breakwaters and then be reimbursed by the
City, for up to $250,000 in eligible construction costs utilizing the special grant funds awarded to the
City for this project by the State.
In order for the City to obtain the grants funds from the State, the City must enter into a Grant
Agreement with the FDEP. The City must execute the attached Agreement and return it to the FDEP
by June 15, 1999, in order to secure the grant funds before the end of the State's fiscal year and to help
ensure that the construction of this important project is completed as expeditiously as possible.
CONCLUSION
The City Commission should adopt the resolution authorizing the Mayor and City Clerk to execute
the Grant Agreement with the FDEP, providing $250,000 in special grant funds to the City, for use
in the construction of the Central Miami Beach Erosion Control Breakwater Project and appropriating
the grant funds for that purpose.
SRlC~DS/~IMS~ '1'r-
DEP AGREEMENT NO. SP523
STATE OF FLORIDA GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1345A OF THE 1998 - 99 APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399
(hereinafter referred to as the "Department") and the CITY OF MIAMI BEACH, whose address is 1700 Convention Center
Drive, Miami Beach, Florida 33139 (hereinafter referred to as "Grantee"), a City Government, to provide funding for the
purchase of materials, and design of, the Central Miami Beach Erosion Hotspot Control Project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as
follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A (Scope of Work), and all attachments and exhibits named herein which are attached
hereto and incorporated by reference.
2. This Agreement shall begin upon execution by both parties and end no later than June 30, 2001 inclusive. All
invoices for work funded under this Agreement shall be submitted no later than December 1, 1999, to
assure availability of funding for final payment. In accordance with Section 287.058(2), Florida Statutes, the
Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this
Agreement. This Agreement may be amended to provide for additional services if additional funding is made
available by the Legislature. The additional Agreement period identified above (December 1, 1999 through June
30, 2001) is provided for completion of the field testing and construction activities associated with the work
funded under this Agreement. The Department will continue to monitor progress toward satisfactory completion
of the overall project through the reporting mechanisms established in DEP Agreement No. 99DAl with Dade
County. However, the Department reserves the right to request progress reports from the Grantee on an as needed
basis.
3. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall
pay the Grantee on a cost reimbursement basis in an amount not to exceed $250,000 toward the total project cost
estimate of $750,000. The Grantee shall be reimbursed on a cost reimbursement basis in accordance with
Comptroller Contract Payment Requirements, attached hereto and made a part hereof as Attachment B. All bills
for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit
thereof. All requests for reimbursement of travel expenses shall be submitted in accordance with SectionlI2.061,
Florida Statutes.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
5. The Grantee shall submit invoices and fmancial reports in conjunction with progress reports describing the work
performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting
period. Invoices/reports shall be submitted utilizing the forms provided as Attachments D and E. If advance
payment is authorized, the Grantee shall report (and document as required by Attachment B) the amount of funds
expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and
clearly indicate the method for repayment of the interest to the Department (see paragraph 19). Progress reports
shall be submitted to the Department's Project Manager on July 31, September 30 and December 1. Upon
completion of the project, the Grantee shall submit to the Department a certification of completion, utilizing the
form attached hereto as Attachment F. A final project certification inspection will be made by the Department
within 60 days after the project is certified complete by the Grantee.
DEP Agreement No. SP523, Page 1 of 5
6. Pursuant to Section 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days,
unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a
request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the
Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter
date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not
start until a proper and correct invoice has been received. Invoices which have to be returned to a grantee for
correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida
Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining
timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or
1-800-848-3792.
7. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Grantee, interest at a rate as
established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is
not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the
goods and services. Interest payments of less than $1 wiII not be enforced unless a grantee requests payment. The
interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No.3 (1998-99) dated
December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar
year beyond 1998 for which the term of this Agreement is in effect can be obtained by calling the Department of
Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts
Section at 850/922-5942.
8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or
the provisions of Section 768.28, Florida Statutes.
9. The Department may terminate this Agreement at any time 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.
10. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access
to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the Grantee in conjunction with this Agreement.
11. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement
in accordance with generally accepted accounting principles consistently applied. The Department, the State, or
their authorized representatives shall have access to such records for audit purposes during the term of this
Agreement and for three years following Agreement completion. In the event any work is subcontracted, the
Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes.
12. In accordance with Section 216.349, Florida Statutes (fmancial review of grants and aids appropriations), the
Grantee shall provide to the Department one of the following: (a) if the amounts received exceed $100,000, an
audit of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section
11.45, Florida Statutes; or (b) if the amounts received are greater than $25,000 but do not exceed $100,000, a
statement prepared by an independent certified public accountant which attests that the Grantee has complied with
the provisions of this Agreement or an audit as described under (a) above, or (c) if expenditures are less than
$25,000, an attestation by the head of the entity or organization, under penalty of perjury, that the entity or
organization has complied with the provisions of this Agreement. The Department reserves the right to recover
costs for failure to comply with Section 216.349, Florida Statutes.
Copies of the required statement or audit, as applicable, shall be sent to each of the following within six (6)
months after the completion of each of the Grantee's fiscal years' in which the Agreement is in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SP523, Page 2 of 5
-Phil Flood (MS 300)
Department of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
-Audit Director (MS40)
Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
-Audit Manager
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor General is
provided as Attachment C. Although this document is provided as an attachment to this Agreement, the Grantee
acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, the Grantee agrees
to comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement.
13. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the prior written
consent of the Department's Project Manager. The Department grants the Grantee the consent to subcontract with
Dade County. The Grantee agrees to be responsible for the fulfillment of all work elements included in any
subcontract consented to by the Department 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.
14. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided
by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency.
15. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the
convicted vendor list.
16. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to
the Department under this Agreement. The Grantee acknowledges that this requirement includes compli~ance with
all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include
this provision in all subcontracts issued as a result of this Agreement.
17. The Department's Project Manager for this Agreement is identified below.
Phil Flood
3900 Commonwealth Boulevard
Tallahassee, FL 32399-3000
Phone: (850) 487-1262
Fax: (850) 488-5257
REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK
DEP Agreement No. SP523, Page 3 of 5
18. The Grantee's Project Manager for this Agreement is identified below.
Bruce Henderson
1700 Convention Center Drive
Miami Beach, FL 33139
Phone: (305) 673-7000
Fax: (305) 673-7028
19. In accordance with Section 2l6.l8l(15)(b), Florida Statutes, the Department, upon written request from the
Grantee and written approval from the Comptroller, may provide an advance to the Grantee. The Grantee may
temporarily invest the advanced funds, provided that any interest income shall either be returned to the
Department, within thirty (30) days of each calendar quarter or be applied against the Department's obligation to
pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe
identified above or invoices must be received within the same' time frame that shows the offset of the interest
earned.
Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the
Department, shall be returned to the Department within sixty (60) days of Agreement completion.
The parties hereto acknowledge that the State Comptroller may identify additional requirements which must be
met in order for advance payment to be authorized. If additional requirements are imposed by the State
Comptroller, the Grantee shall be notified, in writing, by the Department's Project Manager regarding the
additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written
acknowledgement to the Department's Project Manager of the Grantee's acceptance of the terms imposed by the
State Comptroller for release of the funds.
20. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life
of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such 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, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees
not otherwise protected.
21. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under
Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants
and agents while acting within the scope of their employment with the Grantee.
22. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in
any manner or degree with the performance of services required.
23. The purchase of non-expendable equipment costing $500 or more is not authorized under the terms of this
Agreement.
24. The Department may at any time, by written order designated to be a change order, make any change in the work
within the general scope of this Agreement (e.g., specifications, time, method or manner of performance,
requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing.
Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal
amendment to this Agreement.
25. The project shall conform to all applicable State, Federal, and Local permit requirements, including the
requirements of Chapter 62B-4l, Florida Administrative Rule.
DEP Agreement No. SP523, Page 4 of 5
26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly
signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided
herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF MIAMI BEACH
By:
Title: Neisen Kas~n, Mayor
BY:_U11,(AO t'UAi1v---
Title: Robert Parcher, City Clerk
Date:
& I n-/H
I (
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or designee
Date:
APPROVED AS TO
FOf.;;!\,,, & lANGUAGE
& FOR EXECUTION
(Jdtt:J
DEP Project Manager
~~&LQ,~~~/
DEP Contracts Administrator j ~
~;;~
FEID No. 59-6000372
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Approved as to form and legality:
Jt~~~~
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or must
accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
-A-
-1L
~
-.lL
l
L
Description (include number of pages)
Scope of Work (1 Page)
Comptroller Contract Payment Requirements (1 Page)
Chapter 10.600, Rules of the Auditor General (5 Pages)
Request for Payment (1 Page)
Quarterly Progress Report (1 Page)
Proiect Completion Certification (1 Page)
DEP Agreement No. SP523, Page 5 of 5
A TTACHMENT A
SCOPE OF WORK
This Agreement provides funding for the field testing with advanced technologies of an erosion control
structure. Specifically, the scope of this work is limited to design and permitting of the structure(s), and the
purchase and storage of materials for use in the future construction of a series of three shore-attached
breakwater structures, combined with fill placement, to restore and stabilize a highly erosional segment of the
Dade County shore protection project, between 28th Street and 36th Street, in Miami Beach. The project
includes the purchase and temporary stockpiling of 7,829 tons of boulders or other suitable material, and
approximately 65,000 cubic yards of fill. The source of this beach fill material would be the highly accretional
areas south of the proposed structure location.
Funding for this project in the amount of $250,000 will be provided to the City of Miami Beach, pursuant to
this Agreement. The remaining required for completion shall be provided pursuant to an agreement between
Dade County and the State of Florida Department of Environmental Protection (DEP Agreement No. 99DAl).
The Grantee shall submit to the Department progress and financial reports for the duration of this Agreement.
Reports shall be submitted utilizing the form provided as Attachment E no later than July 31, September 30,
and December 1. Progress reports shall describe the work performed since the last report and the percent
completion of the tasks. Financial reports shall be consistent with progress reports. Upon completion of the
project, the Grantee shall submit to the Department a certification of completion, utilizing the form attached
hereto as Attachment F. A final project certification inspection will be made by the Department within 60 days
after the project is certified complete by the Grantee.
REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK
DEP Agreement No. SP523, Attachment A, Page 1 of 1
ATTACHMENT B
Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, \vhich includes submission of the claim on the approved State travel voucher
or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the State Community College system,
the agency receiving the contract or grant moneys shall charge no more than 5 percent
of the total cost of the contract or grant for overhead or indirect cost or any other cost
not required for the payment of direct costs.
DEP Agreement No. SP523, Attachment B, Page 1 of 1
ATTACHMENT C
RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS
UNDER SECTION 216.349, FLORIDA STATUTES
EFFECTIVE 9-30-97
DEP Agreement No. SP523, Attachment C, Page 1 of 5
RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
TABLE OF CONTENTS
Rule
Section No.
Description
Page
10.610
10.620
10.630
PREFACE TO RULES ....................................... 2
DEFINITIONS ......... ........... .......... ...................... 3
AUDIT REQUIREMENTS .....:............................4
EFFECTIVE DATE ............................................4
APPENDiX........................................................ 5
PREFACE TO RULES
Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and
aids appropriations from State agencies. The grants and aids appropriations referred to in Section
216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations
act. The beginning point of any audit required by this section of law should be a determination of
which State moneys received by the auditee are grants and aids appropriations as described
above.
The Auditor General has no authority or responsibility to determine which grants and aids
are covered by this section of the Florida Statutes. Because of responsibilities assigned to the
administering State agency and the Comptroller of the State of Florida, either or both should be
able to assist the auditee in determining which grants and aids come under Section 216.349,
Florida Statutes. The administering State agency should also be consulted regarding any specific
form requirements for the required report and schedule.
These rules apply only to grants made by State agencies from appropriations designated
as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from
sources of money other than those designated as "grants and aids" in a Florida appropriations
act.
There may be occasions when State grants and aids appropriations moneys received
from a State agency include Federal moneys. Certain changes to these rules have been made to
assist State agency Federal award pass-through recipients in their effort to implement new
Federal requirements (Le., Single Audit Amendments of 1996 and revised OMS Circular A-133)
while still complying with the Section 216.349, Florida Statutes, requirements. The most significant
change to these rules is the requirement that the auditor conduct an examination in accordance
with AICPA attestation standards and issue an examination attestation report addressing
compliance with the grant requirements.
Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine
the recipient' s compliance with the grant provisions (including a determination of whether the
grant funds were used for authorized purposes), an examination conducted in accordance with
AICPA attestation standards should be sufficient to meet this objective. AICPA attestation
standards are not significantly different from AICPA auditing standards and the level of audit work
necessary to meet this objective would not vary significantly whether done as part of an audit or
as part of an attestation engagement. An examination done in accordance with AICPA attestation
DEP Agreement No. SP523, Attachment C, Page 2 of 5
standards provides a high level of assurance (i.e., an opinion) and should satisfy the monitoring
needs of pass-through Federal award recipients. Examinations intended to satisfy such monitoring
needs would be limited to the five types of compliance requirements specified in OMB Circular A-
133 for limited scope audits.
Another advantage of an examination conducted in accordance with AICPA attestation
standards is that the auditor's examination attestation report is essentially the same regardless of
whether or not the grants and aids recipient is a local government, not-for-profit or for-profit
organization, or had a financial statement audit. The use of the same report to satisfy applicable
Federal subrecipient monitoring requirements and/or State grants and aids appropriations audit
requirements should ease administrative burdens
imposed on State agencies.
The basis for determining which Federal award recipients are required to have a Federal
single audit (i.e., amount of Federal awards expended) differs from the basis for determining
which grants and aids recipients are required to provide for an audit pursuant to Section 216.349,
Florida Statutes (i.e., the amount of grants and aids moneys received). Accordingly, Federal
award recipients required to provide for an audit pursuant to the Federal Single Audit Act must
prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients
required to provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a
schedule of State financial assistance. Because information required for a schedule of
expenditures of Federal awards differs from that required for a schedule of State financial
assistance, State grants and aids moneys that involve Federal awards will have to be included on
the schedule of expenditures of Federal awards (when that schedule is required pursuant to the
Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State
financial assistance should be footnoted to indicate the extent of duplication of moneys on the two
schedules.
The auditor must determine from the grant agreement and/or inquiries with the granting
agency the level or amount of testing necessary to report on whether or not the expenditures of
the grants were in accordance with all legal and regulatory requirements and that the funds were
not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency.
Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State
requirements at the same time. However, as stated earlier, these rules do require a schedule of
State financial assistance and the auditor's examination attestation report should refer specifically
to the schedule of State financial assistance. The schedule of State financial assistance should
clearly distinguish State grants and aids moneys from other State financial assistance. Nothing
contained in these rules precludes a State granting agency from imposing requirements that are in
addition to those specified in these rules.
History: New 06-30-93 Amended 06-30-94, 06-30-95, 09-30-97
10.610 DEFINITIONS
(1) As used in these Rules, the term:
(a) "Local governmental entity" means a county agency, municipality, or special district or any
other entity (other than a district school board or community college), however styled, that
independently exercises any type of governmental function.
(b) "Nonprofit organization" means any organization which meets the definition of a not-for-
profit organization provided in Financial Accounting Standards Board Statement 116,
Appendix D.
(c) "For-profit organization" means any organization which is not a governmental entity or a
nonprofit organization.
General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes.
History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97
DEP Agreement No. SP523, Attachment C, Page 3 of 5
10.620 AUDIT REQUIREMENTS
(1) When an audit is required pursuant to Section 216.349, Florida Statutes, the audit shall be an
examination conducted in accordance with attestation standards promulgated by the
American Institute of Certified Public Accountants. Grantor State agencies may also impose
additional requirements.
(2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a
schedule of State financial assistance which meets the requirements of the granting
agency(s) and a written report which includes an opinion on management's assertion about
the entity's compliance with grant requirements. Additionally, the report should refer to the
schedule of State financial assistance and should indicate whether, in the auditor's opinion,
the applicable management assertions are fairly stated in all material respects.
General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes.
History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97
10.630 EFFECTIVE DATE
These Rules, as amended, shall take effect September 30,1997, and are applicable to audits for
fiscal years ending September 30,1997, and thereafter.
General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes.
History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-96, 09-30-97.
Renumbered 09-30-97 (formerly 10.640)
DEP Agreement No. SP523, Attachment C, Page 4 of 5
APPENDIX
EXCERPT FROM FLORIDA STATUTES, 1997
216.349 Financial review of grants and aids appropriations; audit or attestation statement.--
(1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or
contract, the state agency, or the judicial branch, authorized by the appropriations act to
administer the funds and the Comptroller must independently ensure that the proposed
expenditure is in accordance with all legal and regulatory requirements and find that the terms
of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the
Legislature, the judicial branch, or a state agency.
(2) Any local governmental entity, nonprofit organization, or for-profit organization that is awarded
funds from a grants and aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit performed in accordance with
the rules of the Auditor General promulgated pursuant to s. 11.45;
(b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General promulgated pursuant to s.
11 .45 or have a statement prepared by an independent certified public accountant which
attests that the receiving entity or organization has complied with the provisions of the
grant; or
(c) If the amounts received do not exceed $25,000, have the head of the entity or
organization attest, under penalties of perjury, that the entity or organization has complied
with the provisions of the grant.
All audits performed or attestation statements prepared under this subsection shall be filed with
the granting agency and with the Auditor General.
History. - 5.29, ch. 91-109; s. 78, ch. 92-142.
Note: The above excerpt from the Florida Statutes is based on Section 216.349, Florida Statutes
(1996 Supplement), which was not amended during the 1997 legislative session. The codified
1997 Florida Statutes were not available at the time these Rules were updated.
DEP Agreement No. SP523, Attachment C, Page 5 of 5
ATTACHMENT 0
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH EROSION CONTROL PROGRAM
REQUEST FOR PAYMENT
CONTRACTUAL SERVICES
Name of Project: Central Miami Beach Erosion Hotspot Control Proiect
Grantee: City of Miami Beach DEP Agreement Number: SP523
Billing Number: Billing Period:
Summary of Invoices
Date of Invoice Amount of Task
Invoice Number Invoice #
Name of Vendor
Check
Number
Amount
Paid Vendor
$
TOTAL $
Cost Summary
State Funds Obligated $ 250,000
Local Funds Obligated $ 0
Less Previous Payment
Less This Payment
State Funds Remaining
Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices,
check vouchers, copies of checks, and other purchasing documentation attached hereto and are maintained as
required to support the cost reported above and are available for audit upon request.
Name of Project Administrator
Signature of Project Administrator
Date
Name of Project Financial Officer
Signature of Project Financial Officer
Date
DEP Agreement No. SP523, Attachment D, Page 1 of 1
ATTACHMENT E
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH EROSION CONTROL PROGRAM
PROGRESS REPORT
Name of Project: Central Miami Beach Erosion Hotspot Control Proiect
Grantee: City of Miami Beach
DEP Agreement Number: SP523
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s)
regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.)
1. Design
2. Acquisition or Purchase of Materials
DEP Agreement No. SP523, Attachment E, Page 1 of 1
ATTACHMENT F
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH EROSION CONTROL PROGRAM
PROJECT COMPLETION CERTIFICATION
Name of Project: Central Miami Beach Erosion Hotspot Control Proiect '
Grantee: City of Miami Beach
DEP Agreement Number: SP523
I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including
any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for
the project were expended pursuant to the Grant Assistance Agreement.
Name of Project
Administrator
Signature of Project
Administrator
Date
DEP Agreement No. SP523, Attachment F, Page 1 of 1
Page lof2
Hatfield, Liliam
From: Henderson, Bruce
Sent: December 30, 2002 03:48 PM
To: Beckmann, Fred; Kokorian, Gary
Cc: Hatfield, Liliam
Subject: RE: Pending Resolutions
Fred:
The breakwater funding was a "grant-in-aid appropriation from the State Legislature, there was no
formal grant agreement to be executed.
Bruce
-----Original Message-----
From: Beckmann, Fred
Sent: Mon 12/30/20023:39 PM
To: Henderson, Bruce; Kokorian, GlII)'
Cc: Hatfield, Liliam
Subject: RE: Pending Resolutions
Bruce and Gary,
Please complete the following items respectively:
99-23205 Execute grant agreement wI FDEP of $250K for the construction of Erosion Control Breakwater
Project
99-23029 Execute a Revocable Permit at the end of 36th Street located 3611 Collins Avenue.
-----Orlginal Message-----
From: Hatfield, L1l1am
Sent: Monday, December 30,20021:12 PM
To: Diaz, Alexander; Rolandelli, Alex; Johnson, Amelia; Parcher, Robert; Henderson, Bruce;
Hastings,Carl; Cuervo, Christina; Leonard, Clifton; caomb; DianeCamber; Shockey, Donald;
DougTober; Jordan, Floyd; Beckmann, Fred; Kokorian, Gary; Lopez, Gus; Cardeno, Hernan;
Damien, Joe; Chartrand, Jorge; Gomez, Jorge; Meyers, Joyce; Hoanshelt, Judy; Acosta, Gladys;
Bonde, Kent; Crowder, Kevin; Smith, Kevin; Hemstreet, Tim; caomb; Francis, Leonardo; Ramos,
Lupita; Buttacavoli, Mayra; Lamazares, Mercedes; Cullen, Michelle; Walker, Patricia; Walker,
Patricia; Aguila, Raul; Robert Middaugh (E-mail); Rodriguez, Rocio; Singer, Ronnie; Frances, Saul;
Kilroy, Stacy; Susan Lichtstein (E-mail); Adderly,TC; TheresaPope; Urriola, Thomas
Cc: Gonzalez, Jorge
SUbJect: Pending Resolutions
Attached please find the report of incomplete resolutions as of today. The older resolutions must
be resolved. Please delegate this task so that the documents can be completed and filed away.
For those of you who are awaiting agreements and you have notified this department, please
disregard this notice.
Thank you for your cooperation in trying to minimize the number of incomplete resolutions.
LlIlam R. Hatfield
12/30/2002