HomeMy WebLinkAboutEDB Proposed Amendment No 1 to SJRWMD Saratoga Springs RFP Cost Share Agreement 35865 EXECUTIVE SUMMARY
AGENDA ITEM:
Amendment 1 to the St. Johns River Water Management District (SJRWMD) Saratoga Springs
Reclaimed Water Pumping Facility (RFP) Cost-Share Agreement Number 35865
Date: November 15, 2022
BACKGROUND:
CCUA staff requests approval from the Board of Supervisors to execute Amendment 1 to the
Saratoga Springs RPF Cost-Share Agreement between CCUA and the SJRWMD. The Saratoga
Springs RPF project includes the construction of one (1) 750,000-gallon ground storage tank, a
high service pump building,and an augmentation well for additional reuse supply. CCUA received
a SJRWMD cost-share grant for the project that will reimburse up to thirty-three percent(33%) of
the construction costs but shall not exceed the awarded $900,570. The Board of Supervisors
approved the cost-share agreement with the SJRWMD during the regularly scheduled board
meeting on October 6, 2020. The SJRWMD's funding source for the Saratoga Spring project is
shifting and will now consist of state funds. Therefore,the SJRWMD has requested an amendment
c to the existing agreement. The amendment will add the state-specific funding language to the
original agreement. The amendment does not change the cost-share funding amount awarded to
CCUA.
3 BUDGET:
a>
There are no estimated effects on the project budget due to the Amendment to the Agreement.
RECOMMENDATION:
Staff respectfully requests the Board of Supervisors' approval of the execution of Amendment 1
to the Saratoga Springs RPF Cost-Share Agreement between CCUA and the SJRWMD.
ATTACHMENTS:
Amendment 1 to the Cost-Share Agreement 35865
Contract 35865_Al
AMENDMENT 1 TO 35865 THE AGREEMENT BETWEEN
THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CLAY COUNTY UTILITY AUTHORITY
FOR CCUA- SARATOGA SPRINGS RECLAIMED WATER STORAGE AND BOOSTER
STATION(CSP20-21)
THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT(the"District"),whose mailing address is 4049 Reid
Street, Palatka,Florida 32177-2571, and CLAY COUNTY UTILITY AUTHORITY("Recipient")whose
address is 3176 OLD JENNINGS ROAD, MIDDLEBURG,FL, 32068, and is effective on the date the
last party has executed same.
PREMISES:
The parties entered into Agreement No. 35865 on October 13,2020 for CCUA- Saratoga Springs
Reclaimed Water Storage and Booster Station(CSP20-21) ("Agreement"). The parties desire to amend
the Agreement.
NOW,THEREFORE, in consideration of the above premises,which are hereby made a part of this
amendment,the mutual covenants contained herein, and other good and valuable consideration,the
parties hereby agree to amend the Agreement as follows:
1. Paragraph 5(d)INVOICING, is hereby deleted in its entirety and replaced with the following:
(a) Required Information.All invoices shall include the following information: (1)District contract
number; (2)Recipient's name, address, and authorization to directly deposit payment into
Recipient's account(if Recipient has not yet provided the District with a completed Direct
Deposit Authorization form; (3)Recipient's invoice number and date of invoice; (4)District
Project Manager; (5)Recipient's Project Manager; (6) supporting documentation as to cost
and/or Project completion(as per the cost schedule and other requirements of the Statement of
Work), in addition, see Attachment A,"CONTRACT PAYMENT REQUIREMENTS FOR
STATE FUNDED COST REIMBURSEMENT CONTRACTS,"(7)Progress Report(if
required); (8)Diversity Report(if otherwise required herein). Invoices that do not correspond
with this paragraph shall be returned without action within 20 business days of receipt, stating
the basis for rejection.Payments shall be made within 45 days of receipt of an approved invoice.
2. Paragraph 26 ADDITIONAL PROVISIONS—FLORIDA SINGLE AUDIT ACT,is hereby added to
this agreement as follows:
FLORIDA SINGLE AUDIT ACT
(a)Applicability.The Florida Single Audit Act(FSAA), section 215.97,Fla. Stat., applies to all sub-
recipients of state financial assistance, as defined in section 215.97(1)(q),Fla. Stat.,awarded by
the District through a project or program that is funded,in whole or in part,through state financial
assistance to the District. In the event Recipient expends a total amount of state financial
assistance equal to or in excess of$750,000 in any fiscal year of such Recipient,Recipient must
have a state single or project-specific audit for such fiscal year in accordance with section
215.97,Fla. Stat.; applicable rules of the Department of Financial Services; and Chapters 10.550
(local governmental entities) or 10.650(nonprofit and for-profit organizations),Rules of the
Auditor General. In determining the state fmancial assistance expended in its fiscal year,Recipient
shall consider all sources of state financial assistance,including state financial assistance received
from the District,other state agencies, and other non-state entities. State fmancial assistance does
not include Federal direct or pass-through awards and resources received by a non-state entity for
Federal program matching requirements. Recipient is solely responsible for complying with the
FSAA.
- 1 -
Contract 35865_Al
If Recipient expends less than$750,000 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of section 215.97,Fla. Stat., is not required. In
such event, should Recipient elect to have an audit conducted in accordance with section
215.97,Fla. Stat.,the cost of the audit must be paid from the non-state entity's resources(i.e.,
Recipient's resources obtained from other than State entities).
(b) Program Information This Agreement involves the disbursement of state funding by the FDEP
in the amount of$900,570.Funding is provided under the State of Florida Springs Initiative Fund.
The Florida Catalog of State Financial Assistance(CSFA)number for this program is CSFA No.
37.039—Statewide Surface Water Restoration and Wastewater Projects.
(c) Additional Information.For information regarding the state program under the above CSFA
number,Recipient should access the Florida Single Audit Act website located at
https://apps.fldfs.com/fsaa/catalog.aspx for assistance. The following websites may be accessed for
additional information: Legislature's Website at http://www.leg.state.fl.us/, State of Florida's
website at http://myflorida.com,District of Financial Services' Website at http://www.fldfs.com/
and the Auditor General's Website at http://www.myflorida.com/audgen/.
(d) Allowable Costs.Recipient may only charge allowable costs to this Agreement,as otherwise
provided herein. Any balance of unobligated cash that have been advanced or paid that is not
authorized to be retained for direct program costs in a subsequent period must be returned to the
District.
(e)Audit Requirements.Recipient shall ensure that the audit complies with the requirements of
section 215.97(7),Fla. Stat. This includes submission of a financial reporting package as defined
by section 215.97(2),Fla. Stat., and Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit organizations),Rules of the Auditor General. Recipient shall comply
with the program requirements described in the Florida Catalog of State Financial Assistance
(CSFA) [https://apps.fldfs.com/fsaa/catalog.aspx]. The services/purposes for which the funds are
to be used are included in the Statement of Work.
(f) Financial Reporting. Recipient shall provide the District with a copy of any reports,management
letters, or other information required to be submitted in accordance with Chapters 10.550(local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General,as applicable,no more than 20 days after its preparation. Recipient shall indicate the
date the reporting package was delivered to Recipient in correspondence accompanying the
reporting package.
This information shall be directed to: St. Johns River Water Management District,Mr. Greg
Rockwell,Finance Director, Office of Financial Services,4049 Reid Street,Palatka,FL 32177.
A copy of the report shall also be provided to the Auditor General's Office at the following
address: State of Florida Auditor General,Room 401, Claude Pepper Building, 111 West
Madison Street,Tallahassee,Florida 32399-1450.
(g)Monitoring.In addition to reviews of audits conducted in accordance with section 215.97,Fla.
Stat., as revised,monitoring procedures may include,but not be limited to, on-site visits by
District staff,limited scope audits,and/or other procedures. Recipient agrees to comply and
cooperate with any monitoring procedures/processes deemed appropriate by the District. In the
event the District determines that a limited scope audit of Recipient is appropriate,Recipient
agrees to comply with any additional instructions provided by the District to Recipient regarding
such audit.Recipient agrees to comply and cooperate with any inspections,reviews,
investigations, or audits deemed necessary by the District's Inspector General or the state Chief
Financial Officer or Auditor General.
(h) Examination of Records.In addition to the District's audit rights otherwise provided for herein,
Recipient shall permit the District or its designated agent,the state awarding agency,the
Department of Financial Services,the state's Chief Financial Officer and the state's Auditor
General to examine Recipient's financial and non-financial records to the extent necessary to
-2 -
Contract 35865_Al
monitor Recipient's use of state financial assistance and to determine whether timely and
appropriate corrective actions have been taken with respect to audit findings and
recommendations,which may include onsite visits and limited scope audits.
(i) Records Retention.Notwithstanding any other provision of this Agreement to the contrary,
Recipient shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five(5)years from the date the audit report is issued,and shall allow
the District, or its designee, state Chief Financial Officer,or Auditor General access to such
records upon request. Recipient shall ensure that audit working papers are made available for
such access for a period of three years from the date the audit report is issued,unless extended in
writing by the District.
3.All other terms and conditions of the Agreement,including any prior amendments, are hereby ratified
and continue in full force and effect.
IN WITNESS WHEREOF,the parties hereto have duly executed this amendment on the date set forth
below.
ST.JOHNS RIVER WATER CLAY COUNTY UTILITY AUTHORITY
MANAGEMENT DISTRICT
By: By:
Louis J Donnangelo,Bureau Chief,Project Management
Date: Date:
Attest:
Typed Name and Title
Attachments:
Attachment A—Contract Payment Requirements for State-Funded Cost Reimbursement Contracts
-3 -
ATTACHMENT A—CONTRACT PAYMENT REQUIREMENTS
FOR STATE-FUNDED COST REIMBURSEMENT CONTRACTS
Invoices for state-funded 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 shall
clearly reflect the dates of service. Only expenditures for categories in the approved contract budget
will be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements by
cost category:
Salaries: Submit a payroll register or similar documentation showing gross salary charges,fringe
benefits,other deductions,and net pay. If an individual is paid by the hour,a document reflecting the
hours worked times the rate of pay is acceptable.
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.
Travel:Reimbursement for travel must be in accordance with §112.061, Fla. Stat.,which includes
submission of the claim on the approved State of Florida (State)or District travel voucher.
Other direct costs: Reimbursement is based upon 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, F.A.C., regarding the
requirements for contracts which include services and that provide for the contractor to purchase
tangible personal property as defined in§273.02,Fla. Stat.,for subsequent transfer to the State.
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.
Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
The"Reference Guide for State Expenditures"prepared by the Florida Department of Financial
Services can be found at this web address: http:/www.fldfs.com/aadir/reference_guide.htm
- 13 -