DEP AGREEMENT NO. WAP050 - AMENDMENT NO. 2
DEP AGREEMENT NO. W AP050
AMENDMENT NO.2
THIS AGREEMENT as entered into on the 6th day of August, 2001 and amended on the 27th of August, 2003
between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to
as the "Department") and the CITY OF CLEARWATER (hereinafter referred to as "Grantee" or "Recipient") is
hereby amended.
WHEREAS, the Grantee completed, ahead of schedule, the Stevenson Creek Estuary Restoration project in
2001; and,
WHEREAS, Glen Oaks was the next highest ranked project and will be implemented as a substitute; and,
WHEREAS, due to rising steel and concrete prices the City of Clearwater was forced to delay construction in
order to organize additional funds; and,
WHEREAS, the Grantee has requested a time extension to compensate for the lost time; 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 end date of the Agreement from June 30, 2006 to June 30,
2008.
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 C-2 (Second Revised Special Audit
Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to
Attachment C-2 summarizes the funding sources supporting the Agreement for purposes
of assisting the Grantee in complying with the requirements of Attachment C-2. 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 C-2, 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/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can
be found under the "Links/Forrns" section appearing at the following website:
https://apps.f1dfs.comlfsaa
The Grantee should confer with its chief financial officer, audit director or contact the
Department for assistance with questions pertaining to the applicability of these requirements.
DEP Agreement No. W AP050, Amendment No.2, Page 1 of 3
Paragraph 14 is hereby deleted in its entirety and replaced with the following:
14. . The Department's Grant Manager for this Agreement is identified below.
Judy Ashton
Florida Department of Environmental Protection
Southwest District Office
13051 N. Telecom Parkway
Temple Terrace, Florida 33637
Phone: 813/632-7600 Ext. 342
Fax: 813/632-7663
Email: Judy.Ashton@dep.state.fl.us
Attachment A-I, Revised Project Work Plan, Page 2 of 3 is hereby deleted in its entirety and replaced with
Attachment A-I, Revised Project Work Plan, Page 2 (Revised) of 3, attached hereto and made a part of the
Agreement.
Attachment C-l, Revised Special Audit Requirements is hereby deleted in its entirety and replaced with
Attachment C-2, Second Revised Special Audit Requirements, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment C-l shall hereinafter refer to Attachment C-2,
Second 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. WAP050, Amendment No.2, Page 2 of3
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last
written below.
CITY OF CLEARWATER
By:
1:itle: Will.iam B. orne
City Mager
Date: 08 /0 '"7 / -z,o() '-f
. I
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
ByluvMu~
Secretary or designee
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Countersigned:
~.
nk V.
Approved as to form and legality:
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DEP ttomey
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List of attachments/exhibits included as part of this Amendment:
Specify
Type
Attachment
Attachment
Letter/
Number
A-I
C-2
Description (including number of pages)
Revised Project Work Plan, Page 2 (Revised) of3 (1 Page)
Second Revised Special Audit Requirements (5 pages)
DEP Agreement No. W AP050, Amendment No.2, Page 3 of 3
Glen Oaks Construction:
The Glen Oaks Stormwater Improvements project is located within the Stevenson Creek Watershed in the
City of Clearwater. The Glen Oaks Stormwater Management Project will serve the dual uses of stormwater
management and recreation. Within the limits of the 31.54 acre City owned site, five stormwater
management areas totaling approximately 21 acres in size will provide flood protection from a 100-year
design storm for 33 nearby structures (78 dwelling units), and provide water quality treatment for 1,193
acres of a higWy urbanized tributary drainage area. In addition, the project will reduce the rates of
downstream stream bank erosion and sedimentation along with creating approximately 4.30 acres of
vegetated wetland habitat. Recreational components will include two lighted, regulation size soccer fields,
a trailhead for a future spur of the Pinellas Trail, bicycle trails, pedestrian paths, a restroom/vending shelter,
observation docks, and a gazebo.
Lake Bellevue Improvements:
In order to provide additional flood storage and littoral/wetland vegetation for water quality improvements,
up to an eight-acre expansion of Lake Bellevue is proposed. This expansion would further increase the
level of treatment provided by the lake and should improve overall lake water quality. Additional mass
reductions of approximately 13,300 pounds of suspended solids and 550 pounds of nitrogen are expected
on an annual average basis. The proposed expansion would remove an area of overgrown vegetation as
well as a number of exotic tree species. The excavated areas will be planted with native plant species
suitable for littoral habitat. In addition to the environmental benefits the expansion of the lake will allow 17
dwelling units to be removed from the 100-year flood plain and will remedy level of service deficiencies on
four streets. The estimated timeline for construction is 8 months for design and permitting and 12 months
for construction. This project is higWy ranked in the recently completed Stevenson Creek Watershed
Management plan, based on environmental benefits and flood protection.
Property Acauisition (Components of the Stevenson Creek Watershed Management Plan):
Palmetto Street Sediment Sump
1312 Palmetto Street
1009 N. Betty Lane
1007 N. Betty Lane
Spring Branch Improvements-retention/treatment pond within Stevenson Creek Watershed
3.72 acre more or less, vacant tract, North side of Sunset Point Rd., 430 feet west of King's
Highway, Clearwater, FL 33755-1534
Wolfe Property-7.63 acres Parcel ID 03-29-15-85428-000-0030 Lots 3 through 15, inclusive, Stevenson
Creek Subdivision, Plat Book 21, Page 83.
Bude:et Explanation and Proiect Timeline:
Proiect Component Timeline State Funds Matchine: Funds Total Cost
Wolfe Property Purchase Comoleted $175,000.00 $175,000 $350,000.00
Spring Branch, Glen Oaks Completed $325,000 $325,000 $650,000
Palmetto sump project design
and land purchase
Glen Oaks Construction June 04- $1,549,802.73 $1,549,802.73 $3,099,605.46
Oct 06
Lake Bellevue Improvements Oct 06- $450,197.27 $450,197.27 $900,394.54
June 08
Total Cost $2,500,000.00 $2,500,000.00 $5,000,000.00
DEP Agreement No. W AP050, Attachment A-I, Page 2 (Revised) of 3
ATTACHMENT C-2
SECOND 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.
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 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 htto://12.46.245.173/cfda/cfda.html.
DEP 55-215 (04/06)
DEP Agreement No. W AP050, Attachment C-2, 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)(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 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 httos://apps.fldfs.com/fsaa/ or the Governor's Office
of Policy and Budget website located at htto://www.ebudget.state.fl.us/for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Web site
http://www.leg.state.fl. us/W elcome/index.cfm, Governor's Website http://www.mvflorida.com/.
Department of Financial Services' Website htto://www.fldfs.com/and the Auditor General's Website
http://www.state.fl.us/audgen/pages/flsaa.htm.
PART III: OTHER AUDIT REQillREMENTS
(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:
DEP 55-215 (04/06)
DEP Agreement No. WAP050, Attachment C-2, Page 2 of5
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 Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) 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 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
3. Copies of financial 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 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
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (04/06)
DEP Agreement No. W APOSO, Attachment C-2, 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
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.
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 (04/06)
DEP Agreement No. W AP050, Attachment C-2, Page 4 of 5
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