HomeMy WebLinkAbout2003-279 DEP CONTRACT NO. WM803 p�
AMENDMENT NO. 2
T 41S AGREEMENT as entered into the 24hday of July, 2001 , and amended on the 23rd day of July, 2002 ,
between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter referred to as the
DEP, and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the
GRANTEE or CONTRACTOR is hereby amended.
WHEREAS , the GRANTEE has experienced several setbacks in the sampling program which have been
precipitated by vandalism at the sampling sites; and,
WHEREAS , with the end of the rainy season coming, it is unlikely that the GRANTEE will be able to
sample the required 7 storm events and complete the final report as originally scheduled; and,
WHEREAS , due to the aforementioned circumstances, the GRANTEE has requested and the Department
has agreed to a no-cost time extension to allow additional time to complete the project as planned; and,
WHEREAS , all work under the Agreement with the exception of Task 8 has been satisfactorily completed;
and,
WHEREAS , the completion date of the Agreement needs to be extended to allow for the necessary
additional time for the completion of Task 8 ; and,
WHEREAS , additional changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows :
-- As of January 7, 2003 , all references in this Agreement to the State Comptroller and the Department of
Banking and Finance shall hereinafter be referred to as the State Chief Financial Officer and
the
Department of Financial Services, respectively. All references to the website for the State Comptroller' s
Voucher Processing Handbook shall hereinafter be referred to as the Department of Financial Services '
Reference Guide for State Expenditures at www. dbf. state.fl .us/aadir/referenceguide.
-- SECTION II — SCHEDULE OF WORK is hereby revised to change the completion date of the Agreement
to January 23 , 2005 .
-- SECTION VI — MANAGEMENT is hereby revised to change the GRANTEE ' s Project Manager to Keith
McCully, telephone 772/567-8000, extension 1562 and to change the telephone number for the DEP ' s
Project Manager to 850/245 -8419 .
-- SECTION XX — AUDIT : ACCESS TO RECORDS paragraph H is hereby deleted in its entirety and
replaced with the following :
H. In addition to the preceding paragraphs, the GRANTEE shall comply with the applicable
provisions contained in Attachment F- 1 , Revised Special Audit Requirements. A revised copy of
Attachment F- 1 , Exhibit- 1 , must be provided to the GRANTEE with each amendment which
authorizes a funding increase or decrease. The revised Exhibit- 1 shall summarize the funding
sources supporting the Agreement for purposes of assisting the GRANTEE in complying with the
requirements of Attachment F-1 , Revised Special Audit Requirements . If the GRANTEE fails to
receive a revised copy of Attachment F- 1 , Exhibit- 1 , the GRANTEE shall notify the
Department ' s Grants Development and Review Manager at 850/245-2361 to request a copy of the
updated information.
DEP Contract No . WM803 , Amendment No . 2 , Page 1 of 3
-- Attachment A, Scope of Services, Task 8 : Implementation of Water Quality Monitoring Program,
Estimated Schedule (as referenced on page 8 of 23 ) is hereby modified to read as follows :
Estimated Schedule : Start April 2000, finish September 2000, pre-construction monitoring
Start Month 1 , finish Month 6, approved Water Quality Monitoring Plan
Start Month I . finish Month 6, approved Quality Assurance Project Plan
Start Month 14 , finish 39, post construction monitoring
-- Attachment A, Scope of Services, PROJECT MILESTONES, Task 8 : Implementation of Water Quality
Monitoring Program, Estimated Schedule (as referenced on page 10 of 23 ) is hereby modified to read as
follows :
Estimated Schedule : Start April 2000, finish October 2000, pre-construction monitoring
Start Month 14, finish month 39, post construction monitoring
-- Attachment A, Scope of Services, BUDGET BY TASK is hereby revised to remove the reference to Task
10 in regards to the Draft and Final Reports. The Draft & Final Reports do not correlate to a specific task,
but rather the project as a whole and shall be viewed as a stand alone deliverable. Funding for the Draft
and Final Reports remains unchanged.
-- In order to correct typographical errors which incorrectly referenced the tasks included in Attachment A- 1
as Tasks 1 , 29 3 , and 4, instead of 5a, 6a, 7a and 10, respectively, Attachment A- 1 , Supplemental Scope of
Services, PROJECT MILESTONES section (as referenced on page 7 of 14) is hereby modified to read as
follows :
PROJECT MILESTONES :
Note that the construction of Phase I of the Vero Lake Estates Stormwater Improvements is underway. The
County received construction bids on September 12, 2001 and awarded the construction contract on
November 20, 2001 . The Notice-to-Proceed was issued December 10, 2001 and the contractor was given
210 calendar days to complete construction. All work is anticipated to be completed by September 1 , 2002.
Task 5a: Construction of Stormwater Retention Pond Facilities
Estimated Schedule : Ongoing. The work should be complete within 4 months (Month 7) .
Task 6a: Construction of Lake Control Structures for Water Quality Treatment & Erosion Control
Estimated Schedule : Start Month 2, finish Month 7
Task 7a: Ditch Excavation
Estimated Schedule : Ongoing. Finish Month 7.
Task 10 : Other Construction
Estimated Schedule : Ongoing. Finish Month 7.
-- Attachment F, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment
F- 1 , Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All
references in the Agreement to Attachment F shall hereinafter refer to Attachment F-1 , Revised Special
Audit Requirements.
In all other respects, the Agreement of which this is an Amendment and attachments relative thereto shall
remain in full force and effect.
DEP Contract No . WM803 , Amendment No. 2, Page 2 of 3
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
INDIAN RIVER COUNTY BOARD OF FLORIDA DEPARTMENT OF
COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION
BBy : 1AZJA
y : �
4airman* Kenneth R . Macht Director, Division of Water Resource
Management or designee
Date : October 21 , 2003 Date : 10 .4 /o
&APPROVED : ,
?unty Administrator Deborah Scerno, DEP Project Manager
AP 50VED AS TO FORM ^
A JP EGAL SUFFICIEN5v DEP Contracts Administrator
I N E . FEL Approved as to form and legality :
COUNTY ATTO
IS ANT RNEYRNEY
DEP Attorney
*For Agreements with governmental boards/commissions : If someone other than the Chairman signs this
Amendment, a resolution, statement or other document authorizing that person to sign on behalf of the GRANTEE
must accompany the Amendment.
List of Attachments/Exhibits included as part of this Amendment :
Specify Letter/
Type Number Description (include number of pages)
Attachment F- 1 Revised Special Audit Requirements (5 Pages)
Indian River County Approved Date
Administration d ,
Budget
Co . Attorney
Risk Management
Department J0 0
Division
DEP Contract No. WM803 , Amendment No . 2 , Page 3 of 3
ATTACHMENT F-1
REVISED SPECIAL AUDIT REQUIREMENTS
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 contract/agreement) to the recipient
(which may be referred to as the "Contractor ". Grantee " or other name in the contract/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 OMB Circular A- 133 and Section 215 .97, F. S ., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits
by
Department staff, limited scope audits as defined by OMB Circular A- 133 , as revised, and/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 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 OMB
Circular A- 133 , as revised.
L In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A- 133 , as revised. EXHIBIT 1 to this Agreement 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 by OMB Circular A- 133 , as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133 ,
as revised, will meet the requirements of this part.
2 . In connection with the audit requirements addressed in Part I, paragraph l . , the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as
revised.
3 . If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A- 133 , as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A- 133 , as revised, 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 than Federal entities) .
4 . The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the intemet at bttp :HasRe . os.dhhs. gov/cfd
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DEP Agreement No. WM803, Attachment F-1 , Page 1 of 5
PART II : STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215 . 97(2) (1), Florida Statutes.
1 . In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215 . 97, Florida Statutes ; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10. 550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates 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(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215 . 97(2)(d), 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 $300,000 in State financial assistance in its fiscal year, 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 $300,000 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 http ://sun6.dms . state. fl.us/fsaa/catalog_htm or the
Governor's Office of Policy and Budget website located at htip ://www. eog. state . fl .us/ for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website http ://www.leg. state. fl.us/, Governor's Website hn ://www.flgov. com/, Department of Financial
Services ' Website htip ://www. dbf. state. fl.us/ and the Auditor General's Website
h= ://www. state . fl .us/audizen.
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(7) (m), 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 OMB Circular A- 133 , as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A- 133 , as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address :
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. WM803, Attachment F-1 , Page 2 of 5
B . The Federal Audit Clearinghouse designated in OMB Circular A- 133 , as revised (the number of
copies required by Sections . 320 (d)( 1 ) and (2), OMB Circular A- 133 , as revised, should be
submitted to the Federal Audit Clearinghouse) , at the following address :
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections . 320 (e) and (f),
OMB Circular A- 133 , as revised.
2 . Pursuant to Section . 320(f), OMB Circular A- 133 , as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A- 133 , as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address :
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3 . Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following :
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. 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
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5 . 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 OMB
Circular A- 133 , Florida Statutes, or Chapters 10. 550 (local governmental entities) or 10. 650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A- 133 , or Chapters 10. 550 (local governmental entities)
or 10. 650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
DEP Agreement No. WM803 , Attachment F4 , Page 3 of 5
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 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 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
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DEP Agreement No. WM803, Attachment F4 , Page 4 of 5
EXHIBIT — 1 '
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Ag enc Number CFDA Title Funding Amount Category
Original Environmental Protection 66 .460 Non-point Source Implementation Grants $400,000. 00 140076
Agreement Agency
Amendment Environmental Protection 66.460 Nonpoint Source Implementation Grants $2265808 . 00 140076
No. 1 - . .Agency
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs :
Federal
State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S. :
Catalog of
State
Financial CSFA Title State
State State Assistance or Appropriation
Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Number
Total Award $ 626,808 . 00 IBM
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance
(CFDA) [hh://asne.os.dhhs .eov/cfda] and/or the
Florida Catalog of State Financial Assistance (CSFA) [httt) ://sun6.dms.statg.fl .us/fsaa/catalog.htLn]. The services/purposes for which
the funds are to be used are included in the Contract scope of
services/work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No. WM803, Attachment F-1 , Page 5 of 5