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DEP CONTRACT NO. SP481 AMENDMENT NO. 1 DEP CONTRACT NO. SP481 AMENDMENT NO. I THIS CONTRACT as entered into on the 24th day of November, 1998, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF CLEARWATER, FLORIDA (hereinafter referred to as the "Contractor") is hereby amended as follows: Effective July I, 1999, Paragraph 5, Item B, subparagraph 3, is hereby deleted in its entirety and replaced with the following: D. EQuipment- (Capital outlay $1,000 or more in value) - The purchase of non-expendable equipment is not authorized under the terms of this Contract. In accordance with Paragraph No.8, which provides for two one-year renewal periods, the first renewal option is hereby exercised and the completion date of the Contract is hereby changed from November 23, 2000 to Ndvember 23, 2001. Paragraph 10, the last sentence;s hereby revised to read as follows: The Vendor Ombudsman may be contacted at 850/410-9724 or 1-800.848-3792. Paragraph 17 is hereby deleted in its entirety and replaced with the following: In addition to the provisions contained in Paragraph 16 above, the Contractor shall comply with the applicable provisions contained in Attachment C-1, Special Audit Requirements. A revised copy of Attachment C-1, Exhibit-I, must be provided to the Contractor with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall swnmarize the funding sources supporting the Contract for purposes of assisting the Contractor in complying with the requirements of Attachment C- 1. If the Contractor fails to receive a revised copy of Attachment C-I, Exhibit-I, the Contractor shall notify the Department's Contracts Administrator at (850) 922-5942 to request a copy of the updated information. Paragraph 25 is hereby deleted in its entirety and replaced with the following: A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. DEP Contract No. SP481, Amendment No. I, Page I of2 ~ Attachment C, Chapter 10.600, Rules of the Auditor General, is hereby deleted in its entirety and replaced with Attachment C.I, Special Audit Requirements, attached hereto and made a part hereof. ill all other respects, the Contract of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. CITY OF CLEARWATER, FLORIDA By: f -J.~ Cha~ommissioner Date :(j:, t:te~~J~i41~-zr:. Date IO/3//2a'O ! f Approved as to form and le&aIif). ~42, DEP Contracts Administrator ~c .47c^iJ= A S~~. . Attorney . ._ ttest: - - Approved as to form and legality: ~z: JJ. ~ D.. City rk ~~\-\'''- t,~ ~ Attorney *For contracts with govennnental 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 Contractor must accompany the Amendment. Specify Tvpe Attachment Letter/ Number C-I Description Special Audit Requirements (5 pages) DEP Contract No. SP481, Amendment No. I, Page 2 of 2 j,.- ATTACHMENT C-l SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the 'IDepartment", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the 'IContractor", 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 section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed 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 Comptroller 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 defmed in OMB Circular A-133, as revised. 1, 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 ofOMB Circular A-B3, as revised. EXHIBIT I 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 funds 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 OMB Circular A-I33, as revised, will meet the requirements of this part. 2. In cOlUlection 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-I33, 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-B3, 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 funds (i.e., the cost of such an audit must be paid from recipient funds 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://aspe.os.dbhs.~ov/cfda. 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. DEP Contract No. SP481, Attachment C-l, Page 1 of 5 tv I. In the event that the recipient expends a total amonnt of State awards (i.e., State fmancial assistance provided to the recipient to carry out a State project) 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 Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT I to this agreemeut indicates State funds awarded through the Department of Environmental Protection by this agreement In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defmed by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards 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 awards 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 non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For infonnation regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office of Planning and Budget located at htto:/lwww.eog.state.fl.us/for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website htto:l/www.1eg.state.fl.us/, Governor's Website htto://www.flgov.coml, Department of Banking and Finance's Website htto://www.dbf.state.fl.us/. and the Auditor General's Website htto:l/www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. 1n such an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency'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).) PART IV: REPORT SUBMISSION 1. Copies of audit reports 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 each of the following addresses: Stormy Ingold Florida Department of Environmental Protection Southwest District Office 3804 Coconut Palm Drive Tampa, Florida 33618-8318 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 DEP Contraet No. SP481, Attaehment C-l, Page 2 of 5 t- B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(I) aud (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 (I), OMB Circular A-133, as revised. 2. Pursuant to Section .320(1), 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 auy management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Stormy Ingold Florida Department of Environmental Protection Southwest District Office 3804 Coconut Palm Drive Tampa, Florida 33618-8318 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of 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 each of the following addresses: Stormy Ingold Florida Department of Environmental Protection Southwest District Office 3804 Coconut Palm Drive Tampa, Florida 33618-8318 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building III West Madison Street Tallahassee, Florida 32302.1450 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 each of the following addresses: DEP Contract No. SP481, Attachment C-l, Page 3 of 5 f.,. Stormy Ingold Florida Department of Environmental Protection Southwest District Office 3804 Coconut Palm Drive Tampa, Florida 33618-8318 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 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 iu accordance with OMB Circular A-l33, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-l33, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three (3) years from the date the audit report is issued, and shan allow the Department of Environmental Protection or its designee, 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, 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. SP481, Attachment C-I, Page 4 of 5 j,J 7- EXHIBIT - 1 FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Funds for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following Funds Subject of Section 215.97, F.S.: Catalog of State Financial CSF A Title State State Program State Assistance or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original Ecosystems Management 1995-1996 37039 Statewide Restoration Projects $50,000.00 143266 Contract Trust Fund (formerly the Pollution Recovery Trust Fund) - Line Item 1289b TotalAward I $50,000.00 --- For each program identified above, the recipient shall comply with the program requirements described in the Federal Catalog of Domestic Assistance (CFDA) rhttp://aspe.os.dhhs.gov/cfda] and/or the Florida Catalog of State Financial Assistance (CFSA) [http://www.eog.state.fl.usi]. The services/purposes for wbich 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 Contract No. SP481, Attachment C-l, Page 5 of 5