053-2023_-_LPA0038_-_Amendment_2.pdf

DEP Agreement No. LPA0038, Amendment No. 2, Page 1 of 3

AMENDMENT NO. 2

TO AGREEMENT NO. LPA0038

BETWEEN

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND

CITY OF PLANT CITY

This Amendment to Agreement No. LPA0038 (Agreement), as previously amended, is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and the City of Plant City (Grantee), on the date last signed below.

WHEREAS, the Department entered into the Agreement with the Grantee for Plant City McIntosh Park Integrated Water Master Plan (Project), effective June 3, 2020; and, WHEREAS, $1,000,000 in additional funding for this Project is provided under Line Item 1607A of the 2021-2022 General Appropriations Act; and, WHEREAS, the reimbursement period for the additional funding provided under Line Item 1607A of the 2021-2022 General Appropriations Act begins on July 1, 2021; and, WHEREAS, $5,000,000 in additional funding for this Project is provided under Line Item 1665A of the 2022-2023 General Appropriations Act; and the total funding for this Agreement is now $6,350,000; and, WHEREAS, the reimbursement period for the additional funding provided under Line Item 1665A of the 2022-2023 General Appropriations Act begins on July 1, 2022; and, WHEREAS, the Grantee has requested a revision in the scope of work for the Project; and, WHEREAS, the Grantee has requested to add new tasks to the Grant Work Plan; and, WHEREAS, an extension to the Agreement is needed to provide additional time to complete the Project; and, WHEREAS, the parties have agreed to amend the Agreement as set forth herein.

NOW THEREFORE, the parties agree as follows:

1. Section 3. of the Standard Grant Agreement is hereby revised to change the Date of Expiration to

December 31, 2025. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement.

2. Section 5. of the Standard Grant Agreement is hereby revised to the following:

Total Amount of Funding:

$6,350,000

Funding Source? Award #s or Line Item Appropriations: Amount per Source(s):

State Federal LP, GAA LI 1657A, FY 19-20, GR $350,000 State Federal LP, GAA LI 1607A, FY 21-22, GR $1,000,000 State Federal LP, GAA LI 1665A, FY 22-23, GR $5,000,000 Grantee Match

Total Amount of Funding + Grantee Match, if any: $6,350,000

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

DEP Agreement No. LPA0038, Amendment No. 2, Page 2 of 3

3. Attachment 3-1, Revised 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 shall hereinafter refer to Attachment 3-2, Revised Grant Work Plan.

4. Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment

5-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 5, shall hereinafter refer to Attachment 5-1, Revised Special Audit Requirements.

5. 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. LPA0038, Amendment No. 2, Page 3 of 3

The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below.

CITY OF PLANT CITY

By:

Authorized Signature

Bill McDaniel, City Manager Print Name and Title

Date:

STATE OF FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

By:

Secretary or Designee

Angela Knecht, Division Director

Zach Easton, DEP Grant Manager

Michael Barr, DEP QC Reviewer

List of attachments/exhibits included as part of this Amendment:

Specify Type Letter/ Number Description Attachment 3-2 Revised Grant Work Plan Attachment 5-1 Revised Special Audit Requirements

Print Name and Title

Date:

Zach Easton Digitally signed by Zach Easton Date: 2023.03.30 14:58:59 -04'00'

Michael Barr Digitally signed by Michael Barr Date: 2023.03.30 15:56:15 -04'00'

Digitally signed by Angela Knecht Date: 2023.03.30 17:01:41 -04'00'

03/30/2023

DEP Agreement No. LPA0038, Attachment 3-2, Page 1 of 3

ATTACHMENT 3-2

REVISED GRANT WORK PLAN

PROJECT TITLE: Plant City McIntosh Park Integrated Water Master Plan

PROJECT LOCATION: The Project will be located within the City of Plant City in Hillsborough County;

Lat/Long (28.0734, -82.1228).

PROJECT BACKGROUND: The Plant City McIntosh Park was established in 1998 when a 363-acre parcel was purchased by the Florida Communities Trust and the Hillsborough County Environmental Land Acquisition and Protection Program. In 2007, a 45-acre stormwater wetland treatment system (SWWTS) was completed on the eastern portion of the park. The City of Plant City (Grantee) has prioritized increasing the capacity of the SWWTS and has proposed the development of the McIntosh Park Integrated Water Master Plan. The Project will include the utilization of the Grantee’s advanced treated recycled water for the McIntosh Preserve Wetlands Expansion (MPWE) project and the Pilot Indirect Potable Reuse (PIPR) project. The MPWE project will include the expansion of the SWWTS at the McIntosh preserve. The PIPR project will include an indirect potable reuse pilot project that will evaluate the feasibility of utilizing approximately 1.5 million gallons per day of highly treated reclaimed water for aquifer recharge and the development of a new potable water supply.

PROJECT DESCRIPTION: The Grantee will construct an expansion of the SWWTS at the McIntosh Preserve and complete an indirect potable reuse pilot project. Construction will include remote electrical terminals, solar remote monitoring stations for level sensors, and associated panels, apertures, and wiring and installation; excavation, grading and earth work to restore the wetlands; and reclaimed water piping, valves, and meters. The Project will also include the construction of approximately 1-mile of boardwalk through the wetland for maintenance of weir gates and recreational use.

The Grantee will lease equipment for Advanced Water Treatment (AWT) for the PIPR project that will include a membrane filtration system, a reverse osmosis system, and an ultraviolet advanced oxidation process system. The Grantee will also complete a study for the PIPR project that will include water quality sampling and analysis of wastewater effluent before and after treatment.

TASKS: All documentation should be submitted electronically unless otherwise indicated.

Task 1: Design and Permitting

Deliverables: The Grantee will complete the design of the SWWTS expansion at the McIntosh preserve 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 final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities.

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 2: Bidding and Contractor Selection

Deliverables: The Grantee will prepare a bid package, publish a public notice, solicit bids, conduct pre-bid meetings, and respond to bid questions in accordance with the Grantee’s procurement process, to select one or more qualified and licensed contractors to complete construction of the SWWTS expansion.

Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid package; and 3) a written notice of selected contractor(s).

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 following the conclusion of the task.

Task 3: Construction

Deliverables: The Grantee will construct expansion of the SWWTS at the McIntosh Preserve in accordance with the construction contract documents.

Documentation: The Grantee will submit: 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee’s Certification of Payment Request; and 3) a signed Engineer’s Certification of Payment Request.

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 4: Rental/Lease of Equipment

Deliverables: The Grantee will rent/lease the following equipment: a membrane filtration system, a reverse osmosis system, and an ultraviolet advanced oxidation process system.

Documentation: The Grantee will submit a copy of the equipment rental/lease contract(s) that identifies the rental/lease payment schedule.

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.

DEP Agreement No. LPA0038, Attachment 3-2, Page 2 of 3

DEP Agreement No. LPA0038, Attachment 3-2, Page 3 of 3

Task 5: Study

Deliverables: The Grantee will perform a study to summarize the water quality of wastewater effluent before and after treatment and will produce a final report.

Documentation: The Grantee will submit the final report.

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 following the conclusion of the task.

PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below.

Task No. Task Title Budget

Category Grant

Amount Task

Start Date Task

End Date

1 Design and Permitting Contractual Services $250,000 07/01/2021 03/31/2024

Bidding and Contractor

Selection Contractual

Services $50,000 07/01/2021 03/31/2024

3 Construction Contractual Services $5,000,000 07/01/2021 06/30/2025

4 Rental/Lease of Equipment Rental/Lease of Equipment $350,000 07/01/2019 03/31/2024

5 Study Contractual Services $700,000 07/01/2019 03/31/2024

Total: $6,350,000

Note that, per Section 8.h. of Attachment 1, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension.

Attachment 5-1

BGS-DEP 55-215 revised 11/8/2022

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Revised Special Audit Requirements (State and Federal Financial Assistance)

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 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 I: 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

1. 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 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 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 I, 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 $750,000 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 must 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 https://sam.gov/content/assistance-listings.

BGS-DEP 55-215 revised 11/8/2022

PART II: STATE FUNDED

This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.

1. 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 69I-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 1 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.

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(8), 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 $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 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.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

1. 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:

BGS-DEP 55-215 revised 11/8/2022

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, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/facweb/

2. 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 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:

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.gov/) provides instructions for filing an electronic copy of a financial reporting package.

3. 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

4. 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.

BGS-DEP 55-215 revised 11/8/2022

5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for 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 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 terms 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 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, Exhibit 1

BGS-DEP 55-215

Revised 7/2019

EXHIBIT – 1

FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded

Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:

Federal

Program A

Federal Agency

CFDA

Number

CFDA Title

Funding Amount

State Appropriation

Category

Federal

B

Appropriation

Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below:

Federal

First Compliance requirement: i.e.: (what services of purposes resources must be used for)

Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc.

Etc.

Federal

First Compliance requirement: i.e.: (what services of purposes resources must be used for)

Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)

Attachment 5-1, Exhibit 1

BGS-DEP 55-215

Revised 7/2019

Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching.

State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:

Federal

Appropriation

Federal

Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S.

State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:

State

State Awarding Agency

Fiscal Year1

CSFA

CSFA Title or

Funding Source Description

Appropriation

Category Original

Agreement Department of

Environmental Protection 2019-2020 37.039 Statewide Water Quality Restoration Projects - LI 1657A $350,000 140047

Amendment 2 Department of Environmental Protection 2021-2022 37.039 Statewide Water Quality Restoration

Projects - LI 1607A $1,000,000 140047

Amendment 2 Department of Environmental Protection 2022-2023 37.039 Statewide Water Quality Restoration

Projects - LI 1665A $5,000,000 140047

State

State Awarding Agency

Fiscal Year2

CSFA

CSFA Title or

Funding Source Description

Total Award $6,350,000

Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category.

For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state_project_compliance.aspx]. The services/purposes for which the funds are to be used are included in the Agreement’s Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement.

1 Subject to change by Change Order.

2 Subject to change by Change Order.