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Item B06 Marine Resources BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 22 March 200 1 Division: Growth Management Bulk Item: Yes _X_ No___ Department: Marine Resources AGENDA ITEM WORDING: Approval of a revision to Contract SP527 between Monroe County and the Department of Environmental Protection. ITEM BACKGROUND: Contract SP527 supports the Homeowners Wastewater Assistance Program. The current revisions in this Contract reflect changes approved by the BOCC to provide tax exempt funding to qualified applicants for the replacement of cesspools. There is no change in the amount or scope of the Contract. PREVIOUS RELEVANT BOARD ACTION: November 1999 - Approval of Contract SP527 STAFF RECOMMENDATION: Approval TOTAL COST: $850.000 no change BUDGETED: Yes_X_ No___ COST TO COUNTY: Approximately $337.375 no change APPROVED BY: County Attorney _X_ OMBlPur hasing_X DEPARTMENT DIRECTOR APPROVAL: Ge DIVISION DIRECTOR APPROVAL: Timo DOCUMENTATION: Included_X_ To follow ___ Notrequired___ DISPOSITION: Agenda Item #: a.8tL BC010330.doc 02l2310112:14PM MO~'"ROE COUNTY BOARD OF COUNTY COMl\fISSIONERS -- CONTRACT SUMMARY Contract #~ITo~ Contraot with:.:t>.p 1""J. '^. c ';; 4~ M, I'1!vj """'" .. ro u ~ Effective Date:l31 ;5 I '17 ~~t EXPirati, Date: 9//J / [) '=, Contract PurposelDescription: ." _ ~ ~ tlll AIr ~'.u.. ~ {, I'lS:O) h"0 Oo-to:::l~ l>ptuJ ~tJt Contract Manager: ~~~ Z~O f- \--\ ~~ ~Lu-o Name) (Ext. ) (Department) for BOCC meeting on ~/ 2 Z- / () I Agenda Deadline: -12.../ b / I!J I CONTRACT COSTS Total Dollar Value ofComract: $ g:;u.'ff&1:: Current Year Portion: $ ~~) ot=O Budgeted? ~esiNo Account Codes: J7.,~ - 5lftxJ 7' - - Grant: $ 0:>0) ~ - - - - County Match: $ 3 31 ~ -1511~ - - - - I ADDITIONAL COSTS Estimated Ongoing Costs: $ ... /yr For: - (Not included in dollar value above) (eg. maintenanCe. utilities. janitorial, salaries, etc.) I CONTRACT REVIEW I . Changes Date In Needed Date Out Yes No Division Director ~/.Q.Y.& ( ) (~ .1../ au_ ~ ~;;~,:: :'~{\, L~L' .3~h~" 2 1 28! 0 I --- il~J!...1 , County Attorney .::b12.7ILL ( ) (~ ~ /]itCJ! Comments : I ! I ! I ! O.\1B Fonn Revised 8/30/95 MCP n DEP AGREEMENT NO. SP527 CHANGE ORDER NO. 001 CONTRACTOR STATE OF FLORIDA DEPARTMENT OF HEALTIi P.O. Box 6193 Key West, Florida 33041 and COUNTY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 Whitehead Street Key West, Florida 33040 This Agreement as entered into on the 3rd day of December, 1999 is hereby amended as follows: -- Paragraph 15 is hereby deleted in its entirety and replaced with the following: In addition to the provisions contained in Paragraph 14 above, the Contractor and the County shall comply with the applicable provisions contained in Attachment C-l, Special Audit Requirements. A revised copy of Attachment C-l, Exhibit-I, must be provided to the Contractor and the County with each amendment which authorizes a funding increase or decrease. The revised Exhibit-l shall summarize the funding sources supporting the Agreement for purposes of assisting the Contractor and the County in complying with the requirements of Attachment C-l. If the Contractor and the County fail to receive a revised copy of Attachment C-l, Exhibit-I, the Contractor and the County shall notify the Department's Contracts Administrator at (850) 922- 5942 to request a copy of the updated information. -- A IT ACHMENT A, Scope of Services, Item 2, subparagraph A, is hereby revised to include the following language as the last sentence of the paragraph: Such procedures may provide for income-based selection criteria. -- A IT ACHMENT A, Scope of Services, Item 3, is hereby revised to include the following language as the last sentence of the paragraph: Additionally, County funds may be used to establish an income-based grant assistance program. -- Attachment C, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment C-l, Special Audit Requirements, attached hereto and made a part hereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SP527, Change Order No. 001, Page 1 of 2 All other terms and conditions of the Agreement shall remain unchanged. STATE OF FLORIDA DEPARTMENT STATE OF FLORIDA DEPARTMENT OF REALTII OF ENVIRONMENTAL PROTECTION I2f~v;; !{~ud Project Manager Project Manager Date: Date: \="t'\):-u'Ch'l.' "2 \ ~7(X") \ I J MONROE COUNTY BOARD OF APPROVED: COUNTY COMMISSIONERS. r ~. ~ ~~ ( . /AA 11,,-1,.'( ef, Bureau 0 WatetFacilities Funding or designee Date: Date: F.e h 2/) . 't. c.> 0 I f List of attachments/exhibits included as part of this Change Order: Specify Letter/ Tvoe Number Descriotion Attachment C-l Special Audit Requirements (5 Pages) APPRO V AN .' ED AS TO /'( . "',..- 8 DEP Agreement No. SP527, Change Order No. 001, Page 2 of2 ATTACHMENT C-l SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which m~ be reftrred 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 section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3, 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-B3, 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 defined in OMB Circular A-B3, 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 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 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-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-l33, as revised, will meet the requirements ofthis 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 ofOMB Circular A-B3, 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-B3, 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.dhhs.gov/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 Agreement No. SP527, Attachment C-l, Page 1 of 5 1. In the event that the recipient expends a total amount of State awards (i.e., State financial 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 1 to this agreement 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 1, 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 defined 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 information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office located at http://sun6.dms.state.n.us/fsaa/ for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website hnn;!b:'l:~~.:~y1~.B,~!E..1.ce.JL_l!~, Governor's Website ht!p-.!.!.m!}yJ1.BQj~9Q.mL. Department of Banking and Finance's Website ht tp://www.dbf.state.n. us/aa dir/fSMIndex.html, and the Auditor General's Website hup:/ /sunG. dms. state. fl. us/a udgcn. PART ill: OrnER 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-l33, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-B3, 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: Richard W. Smith Florida Department of Environmental Protection Bureau of Water Facilities Funding 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 DEP Agreement No. SP527, Attachment C-l, Page 2 of 5 B. The Federal Audit Clearinghouse designated in OMB Circular A-B3, 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 (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 each of the following addresses: Richard W. Smith Florida Department of Environmental Protection Bureau of Water Facilities Funding 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 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: Richard W. Smith Florida Department of Environmental Protection Bureau of Water Facilities Funding 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 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 Agreement No. SP527, Attachment C-l, Page 3 of 5 Richard W. Smith Florida Department of Environmental Protection Bureau of Water Facilities Funding 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 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 in 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 3 years from the date the audit report is issued, and shall 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 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 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