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DEP AGREEMENT NO. G0143
AMENDMENT NO, 1
THIS AGREEMENT as entered into on the 19`t' day of April, 2005, between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP")
and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the
"Grantee" or "Recipient") is hereby amended.
WHEREAS, due to delays in the permitting, bidding, and the construction process of the Agreement, a no
cost time extension is necessary; and,
WHEREAS, the Grantee has requested and the Department has agreed to a no cost time extension; and,
WHEREAS, the Grantee has requested an end date that extends beyond the Federal Award period and
understands that all funds under this Agreement must be fully expended prior to September 30, 2010; and,
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
-- Paragraph 2 is hereby revised to change the completion date of the project to January 18, 2012 and to add
the following language after the second. sentence:
The Grantee is not eligible to be reimbursed for any work that occurs after September 30, 2010. Any
change in the budget that increases or decreases the total funding amount will require a formal amendment
to the Agreement.
-- Paragraph 3B is hereby revised to include the following language after the first sentence:
The Grantee shall submit the Payment Request Summary Form to the Department on a quarterly basis. A
final payment request must be submitted to the Department no later than thirty (30) days following the
completion date of the Agreement, to assure the availability of funds for payment. Each payment request
submitted shall document all matching funds and/or match efforts (i.e. in-kind services) provided during
the service period covered by each request.
-- Paragraph 3C is hereby deleted in its entirety and replaced with the following:
C. In addition to the requirements contained in paragraph 3.13
. above, the Department will
periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. When requested, this information must be provided within
30 calendar days of such request. The Grantee may also be required to submit a cost allocation
plan to the Department in support of its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in
detail sufficient for a proper pre -audit and post -audit thereof. State guidelines for allowable costs
can be found in the Department of Financial Services' Reference Guide for State Expenditures at
http://www.tldfs.com/aadirireference%5F ruide; allowable costs for Federal Programs can be
found under 48 CFR Part 31 and Appendix E of 45 CFR Part 745 at
littp://www.access.gpo.tlov/iiara/cfr/cfr-tabIe-search.htniI and OMB Circulars A47, A-122, A-21;
and administrative requirements can be found in OMB Circulars A-102 and A-110 at
http://www.whitehouse Dov/omb/circulars/index htnil#numerical.
-- Paragraph 3D is hereby stricken from the Agreement.
DEP Agreement No. G0143, Amendment No. 1, Page 1 of 4
-- Paragraph 3F is hereby deleted in its entirety and replaced with the following:
F. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs. For purposes of this Agreement, the following cost principles are
incorporated by reference.
Organization Type
Applicable Cost Principles
State, local l government.
OMB Circular A-87
Private nonzation other than (I) an
OMB Circular A-122
institution otion, (2) hospital, or (3)
organizationB Circular A-122 as not
subject to that circular.
Education Institutions
OMB Circular A-21
For-profit an organization other than a hospital and
48 CFR Part 31, Contract Cost Principles
organization named in OMB A-122 as not subject
and Procedures, or uniform cost
to that circular.
accounting standards that comply with cost
Hospital
principles acceptable to the federal agency.
45 CFR Subtitle A - Appendix E to Part
74 -Principles for Determining Costs
Applicable to Research and Development
Under Grants and Contracts with
Hospitals.
Paragraph 10 is hereby deleted in its entirety and replaced with the following:
10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with
the applicable provisions contained in Attachment E, Special Audit Requirements,
attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the
funding sources supporting the Agreement for purposes of assisting the Grantee in
complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be
provided to the Grantee for each amendment which authorizes a funding increase or
decrease. If the Grantee fails to receive a revised copy of 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.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The Grantee shall consider the type of financial assistance (federal and/or
state) identified in Attachment E, Exhibit 1 when making its determination. For federal
financial assistance, the Grantee shall utilize the guidance provided under OMB Circular
A-133, Subpart B, Section _.210 for determining whether the relationship represents
that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize
the form entitled "Checklist for Nonstate Organizations Recipient/Subreeipient vs
Vendor Determination" (form number DFS -A2 -NS) that can be found under the
"Links/Forms" section appearing at the following website:
littps://apps.fldfs.com/'fsaa
The Grantee should confer with
Department for assistance with
its chief finan
requirements.
DEP Agreement No. G0143, Amendment No. 1, Page 2 of4
cial officer, audit director or contact the
questions pertaining to the applicability of these
Paragraph l 1 D, the last sentence is hereby deleted in its entirety and replaced with the following:
A list of minority owned firms that could be offered subcontracting opportunities may be obtained by
contacting the Office of Supplier Diversity at (850) 487-0915.
Paragraph 14 is hereby deleted in its entirety and replaced with the following:
14. The Department's Grant Manager (which may also be referred to as the Department's Project
Manager) for this Agreement is identified below.
Devan R. Cobb
Florida Department
of Environmental Protection
Nonpoint Source Management Section
2600 Blairstone Road, MS#3570
Tallahassee, Florida 32399-2400
Telephone No.:
850-2454542
Fax No.:
850-245-8434
E-mail Address:
Devan.r.cobb gdep.state,fl.us
Attachment A, Grant Work Plan, Project Milestones table is hereby deleted in its entirety and replaced ith
the following: w
PROJECT MILESTONES:
Description Start Complete
Prepare and submit final Water Quality Monitoring Plan and QAPP Month 1 Month 3
Finalize system design Month 1 Month 9
Analyze existing data/monitor pre -construction conditions Month 3 Month 12
Submit and obtain SJRWMD ERP approval Month 3 Month 9
Conduct public bidding process for construction Month 9 Month I 1
Construct treatment system Month 45 Month 55
Operate system, monitor inputs and outputs Month 56 Month 67
Analyze data, prepare and submit draft report Month 68 Month 70
Prepare and submit final report/final invoice Month 58 Month 76
Conduct public education program Month 52 Month 58
Submit Progress Reports/Invoices Quarterly
-- Attachment E, Special Audit Requirements is hereby deleted in its entirety and replaced with Attachment
E-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All
references in the Agreement to Attachment E shall hereinafter refer to Attachment E-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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. G0143, Amendment No. 1, Page 3 of 4
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
COUNTY COMMISSIONERS
By:
Joseph C.,Flescher, Vioe:4ria.h-man
Date: Apri 1 70 2009
Attest:
J.K. Bart
Jerk of ,Eouxt
pu
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Secretary or Designee
Date: 7 3/X1
Devan R. Cobb, DEP Grant Manager
AA
Clerk -�
DEP Contracts Administrator
Approved as to form and legality:
k%4ttw
DEP ttorney
*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 the Amendment on behalf of
the Grantee must accompany the Amendment.
List of attachments/exhibits included as part of this Amendment:
Specify Type Letter/Number Description (include number of pages)
Attachment E-1 Revised Special Audit Requirements (5 Pages)
APPROVED A5 TO FORM
AN LEGAL SUFFICI Y
IBY
MA N E. FE
ASSISTANT COUNTY ATTORNEY
DEP Agreement No. G0143, Amendment No. 1, Page 4 of 4
ATTACHMENT E4
REVISED SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", YDEP" 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
[n 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 1: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or anon -profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 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 1, 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 $500,000 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 $500,000 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 Internet at httu://12.46.245.173/cfda/cfda.html.
DEP 55-215 (02/07)
DEP Agreement No. G0143, Attachment E-1, Page I of 5
PART 11: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 2 1 5.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 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 Department
of Financial Services; 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 l; 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), 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 $500,000 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 $500,000 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://appsA1dfs.com/1saa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.I"Istate.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.state.fl.us/atidgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped 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 OMB Circular A-133, as revised, and
required by PART I of this Attachment 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:
UEP 55-215 (02/07)
DEP Agreement No. G0143, Attachment E-1, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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 at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART lI 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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Offi
ce at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (02/07)
DEP Agreement No. G0143, Attachment E-1, Page 3 of 5
4. 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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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.
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,
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (02/07)
DEP Agreement No. G0143, Attachment E-1, Page 4 of 5
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