2nd Amendment 07/18/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 27, 2007
TO:
Andrew Trivette, Director
Growth Management Division
ATTN:
Mayra Tezanos
Executive Assistant
Pamela G. Hanc~
Deputy Clerk 0
FROM:
At the July 18, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to CV A Grant 03-361, LE 507 between
Momoe County and the Florida Department of Environmental Protection providing funds for
off-setting vessel pump-out costs. The amendment provides for a time extension of the Contract.
Enclosed are three duplicate originals of the above-mentioned, executed on behalf of
Momoe County, for your handling. Please be sure to return the "Monroe County Clerk's Office
Original" and the "Monroe County Finance Department's Original" as soon as possible.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance w/o document
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DEP AGREEMENT NO. LE507
AMENDMENT NO.2
THIS AGREEMENT as entered into on the 28th day of January, 2004 and amended on the 7th day of
December, 2006, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(hereinafter referred to as the "Department" or "DEP" and MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, (hereinafter referred to as "Grantee" or "Recipient") is hereby amended.
WHEREAS, due to delays caused by the 2005 and 2006 hurricane seasons
WHEREAS, the Grantee has requested and the Department has agreed to a no cost time extension; 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 ending date of the project from October I, 2006 to September
30,2007.
Paragraph 5A is hereby revised to change the fmal invoice submission date to October 14, 2007.
Paragraph 15 is hereby revised to change the Grantee's Grant Manager's telephone number to (305) 289-
2812.
Attachment D-I, Revised Special Audit Requirements is hereby deleted in its entirety and replaced with
Attachment D-2, Second Revised Special Audit Requirements, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment D-I shall hereinafter refer to Attachment D-2,
Second Revised Special Audit Requirements.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LE507, Amendment No. 2, Page I of2
In all other respects, the Agreement 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 Ameudment to be duly executed the day and year
last written below.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Title":
~j(}4-
BY:D ~~ E~
rrector, IVlSlOll 0 aw n orcement
or designee
Date:
AUG 1 5 Z007
Date:
1(2(.,(01
MONROE COUNTY ATTORNEY
~ROVED AS TO FORM:
.~"'~ . 7J) r; .A~f}
NATILEENE W. CASSEL
ASSIS~NT COUNTY ATTORNEY
Date }'5b7
~ lu~tML
Brenda Leonard, DEP Grant Manager
.~ &M~ SI/~tT~
D EP Contracts Administrator
Approved as to form and legality:
!~~L-
D~t: t ~
"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 governmental board/commission must accompany the Amendment.
List of attachments/exhibits included as part of this Amendment:
Specify
Tvoe
Attachment
Letter/
Number
D-2
-.
C) 0
:;.;: ~...
~C)?:;
Descriotion (include number ofoae:es) rr,~ :--;
Second Revised Special Audit Requirements (5 Pages)0]~:: C
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DEP Agreement No. LE507, Amendment No.2, Page 2 of2
ATTACHMENT D-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 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 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 I, 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
condncted 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 http://12.46.245.173/cfda/cfda.html.
DEP 55.215 (02/07)
DEP Agreement No. LE507, Attachment D-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 I to this Agreement indicates state financial
assistance awarded through the Department of Enviromnental 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 I; 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 orgauizations), 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 httus://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at httu://www.leg.state.fl.uslWelcome/index.cfm. State of Florida's website at
httu://www.mvflorida.com/, Department of Financial Services' Website at httu://www.fldfs.com/ and the
Auditor General's Website at htto://www.state.f1.us/aud1!en.
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
I. 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 directlv to each of the following:
DEP 55-215 (02/07)
DEP Agreement No. LE507, Attaehment 0-2, 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)(I) 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 lOth 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 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 offmancial reporting packages required by PART II oflhis Attachment shall be submitted by or on
behalf of the recipient directlv to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office ofthe 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 40 I, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (02107)
DEP Agreement No. LE507, Attachment D-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 directlv to the Department of Environmental Protection at the following address:
Andit Director
Florida Department of Environmental Protection
Office ofthe 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. LE507, Attachment D-2, Page 4 of 5
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