DEP AGREEMENT NO. WAP050 AMENDMENT NO. 3
DEP AGREEMENT NO. W AP050
AMENDMENT NO.3
THIS AGREEMENT as entered into on the 6th day of August, 2001, and amended on the 27th day of
August, 2003 and the 7th of August, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "Department") and the CITY OF CLEAR WATER (hereinafter
referred to as the "Grantee" or "Recipient") is hereby amended.
WHEREAS, ongoing difficulties with the Engineer of Record on the Lake Bellevue Project hindered the
completion of the project; and,
WHEREAS, due to the final plans not being sufficient for construction and the budget exceeding
expectations, the Grantee has requested a no cost time extension for the completion of the project; and,
WHEREAS, the Department has agreed to extend the completion date of the Agreement from June 30,
2008 to April 30, 2010; and,
WHEREAS, the Grantee understands that the certification forward of the State Fiscal Years 2001/2002 and
2002/2003 funds supporting this Agreement beyond June 30th of each year is subject to the approval of the
Governors office.
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
Paragraph 2 is hereby revised to change the end date of the Agreement from June 30, 2008 to April 30,
2010.
Paragraph 3 is hereby revised to change the Department of Financial Services' Reference Guide for State
Expenditures web site to htto://www.fldfs.com/aadir/reference%5Fguide.
Paragraph 4 is hereby revised to add the following:
The Grantee understands that the funds supporting this Agreement are subject to certification forward
approval by the Governor's Office on June 30th each year beginning June 30, 2003. The Grantee
understands and agrees that if the Governor's Office does not approve the Department's request to certify
the funds forward, the Grantee will not be eligible for reimbursement after the reversion of said funds.
Paragraph lIB is hereby revised to change the last sentence to read as follows:
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.
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DEP Agreement No. WAP050, Amendment No.3, Page 1 of3
Attachment A-I, Revised Project Work Plan, Budget Explanation and Project Timeline is hereby deleted in
its entirety and replaced with the following:
Bude:et Explanation and Proiect Timeline:
Project Component Timeline State Funds Matching Total Cost
Funds
Wolfe Property Purchase Completed $175,000.00 $175,000.00 $350,000.00
Spring Branch, Glen Oaks Completed $325,000.00 $325,000.00 $650,000.00
Palmetto sump project design and
land purchase
Glen Oaks Construction Nov 2008 - $1,549,802.73 $1,549,802.73 $3,099,605.46
Apr 2010
Lake Bellevue Improvements Nov 2008 - $450,197.27 $450,197.27 $900,394.54
Apr 2010
Total Cost $2,500,000.00 $2,500,000.00 $5,000,000.00
Attachment C-2, Second Revised Special Audit Requirements is hereby deleted in its entirety and replaced
with Attachment C-3, Third Revised Special Audit Requirements, attached hereto and made a part of
the Agreement. All references in the Agreement to Attachment C-2 shall hereinafter refer to Attachment
C-3, Third 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.
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DEP Agreement No. W AP050, Amendment No.3, Page 2 of 3
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
FLORIDA DEPARTMENT OF
ENVIRONMENT PR ECITON ~
By" ~r/Jt1.
Se e 0 Te {;j~
Date:~tro-FiJO~
~:~~ ~I ~ (]t~~,~ ;::)A_/L;.dA---
r ~;tlTalE. Goudeau, c~k ~:brolIfEP Grnnt Manage,
Countersigned: .--# / ~ L J L ~ ~~
t ~#"./' U'.~ DEP Contracts Administrator
Frank V. Hibbard, Mayor
CITY OF CLEARWATER
BY'~~~ [J.. iI!~
*Title: Wl. l.am . ~rne
City Manager
Date: B w ~ 1~() I
Approved as to form and legality:
Odes
Assistant City At ney
List of attachments/exhibits included as part of this Amendment:
A~~'"
DEP ttorney
C:, r-)
Specifv Type
Attachment
Letter/Number
C-3
Description (include number of pages)
Third Revised Special Audit Requirements (5 pages)
DEP Agreement No. WAP050, Amendment No. 3, Page 3 on
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ATTACHMENT C-3
THIRD 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
(whicl; 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 Ehvironmental 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 -13 3, as revised.
1. 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 ofOMB 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 ofOMB 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 http://12.46.245.173/cfdalcfda.html.
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PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. 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 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), 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 fmancial 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 httos:/ /al'Ps.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.1eg.state.fl.us/We1come/index.cfu!. State of Florida's website at
htto://www.myflorida.com/. Department of Financial Services' Website at http://www.fldfs.com/and the
Auditor General's Website at htto://www.state.fl.us/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 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:
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A. The Department of Enviromnental Protection at the following address:
Audit Director
Florida Department of Enviromnental 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 (t),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(t), 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 Enviromnental Protection at the following address:
Audit Director
Florida Department of Enviromnental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of fmancial reporting packages required by P ART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Enviromnental Protection at the following address:
Audit Director
Florida Department of Enviromnental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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
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DEP Agreement No. W AP050, Attachment C-3, 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.
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EXHffiIT - 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources A warded to the Recinient Pursuant to this Al!reement Consist of the Followinl!:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources Awarded to the Recinient Pursuant to this Al!reement Consist of the Followinl! Matchine; Resources for Federal Proe;rams:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Ae;reement Consist of the Followin~ Resources Subiect to Section 215.97, F.S.:
State CSF A Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Original Ecosystems Management 2000 - 2001 37.039 Statewide Restoration Projects $1,500,000.00 141116
Agreement and Restoration Trust Fund
- GAA Line Item 1591G
Amendment Ecosystems Management 2002 - 2003 37.039 Statewide Restoration Projects $1,000,000.00 141116
No.1 and Restoration Trust Fund
- GAA Line Item 1769
Total Award I $2,500,000.00
-
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://l2.46.245.173/cfda/cfda.html]and/ortheFloridaCatalogofStateFinanciaIAssistance(CSFA)[https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The
services/purposes for which the fimds 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.
I .
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