2nd Amendment 05/21/2003
Clerk 0111le
Circul coun
Danny L. Kolhage
Phone: 292-3550 Fax: 295-3663
Memnrandum
To: Tim McGarry,
Growth Management Director
Attn: Colleen Gardner
Isabel C. DeSantis, ,V
Deputy Clerk ;.p
From:
Date: Thursday, May 22, 2003
At the BOCC meeting of May 21, 2003, the Board approved the following:
Resolution No. 156A-2003 amending the Memorandum of Understanding between
the County and the Florida Keys Aqueduct Authority (FKAA) regarding the provision of
Wastewater Services in the Little Venice Area of Marathon.
Amendment 1 to Contract for Wastewater Service at North Key Largo, Florida
between Monroe County and North Key Largo Utility to provide additional funding for
sewer service.
Amendment NO.2 to DEP Agreement No. LP0337 between Monroe County and
Department of Environmental Protection which provides additional funding for the North
Key Largo Utility sewer project.
Enclosed are two (2) certified copies of Resolution No. 156A-2003; three (3)
duplicate originals of Amendment 1 ; and three (3) duplicate originals of Amendment
NO.2 for your handling. Please be sure that the sets marked Monroe County Clerk's
Office Orieinal and Monroe County Finance Deoartment's Orieinal are returned
to my attention as quickly as possible. Should you have any questions concerning the
above, please do not hesitate to contact this office.
Cc: County Attorney
Finance
File .../
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STATE FINANCIAL ASSISTANCE AGREEMENT
MONROE COUNTY
DEP AGREEMENT NO. LP0337
AMENDMENT NO.2
STATE OF FLORIDA GRANT ASSISTANCE
PURSUANT TO SPECIFIC APPROPRIATION 1765A OF THE 2002 - 2003 GENERAL
APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA)
This Amendment No.2 is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as "Department") and MONROE
COUNTY (hereinafter referred to as "Grantee" or "Recipient" or "Contractor"), the address for
which is Gato Building, 1100 Simonton Street, Key West, Florida 33040, existing as a local
government agency under the laws of the State of Florida.
WHEREAS, Specific Appropriation 1765A of the 2002 - 2003 General Appropriations
Act provides for an additional award of funds remaining after specified distributions for
qualifying projects;
WHEREAS, the Recipient's project qualifies for a proportional share ofthe remaining
funds for North Key Largo Utility Corporation Project Work; and
WHEREAS, the Recipient's share ofthe remaining funds is $28,859.
THEREFORE, in consideration of the mutual benefits to be derived herefrom, the
Department awards the additional $28,859 to the Recipient subject to the following stipulations:
The Grantee shall perform in accordance with the terms and conditions set forth in
the original Agreement and all Amendments and all attachments and exhibits
named which are attached thereto or hereto, respectively, and incorporated by
reference. The attached Attachment A - Revision 2 (Project Work Plan) and
Attachment B - Revised (Special Audit Requirements) supersede the versions of
those Attachments incorporated into the amended Agreement. There is no change
to Attachment C (Disbursement Request Forms).
REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties have caused this Amendment No.2 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:
L)iJ.. >n ~
By:
Mayor/Chairperson
Date:
oS-~/-03
Date:
4>/2(05
FEID No.: 59-6000749
Attest:
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By:n~O. D.!)~
List of attachments/exhibits included as part of this amended Agreement:
Specify Type
Attachment
Attachment
Attachment
Letterl Number
A-Revision 2
B- Revised
C
Description (include number of pages)
Project Budget, Scope, and Schedule (1 Page)
Audit Requirements (5 Pages)
Disbursement Request Forms (3 pages)
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ATTACHMENT A - REVISION 2
MONROE COUNTY
North Key Largo Utility Corporation Wastewater Management System
A. PROJECT BUDGET INFORMATION
PROJECT BUDGET
Category of Expenditure DEP Funds Other Funds Total Funding
FY 02/03 FY 03/04 FY 04/05
Design $ 0 $ 0 $ 0 $ 190,547 $ 190,547
Construction $1,016,445 $ 0 $ 0 $ 1,878,055 $ 2,894,500
Tech. Services during $ 0 $ 0 $ 0 $ 71,926 $ 71,926
Construction
Other $ 0 $ 0 $ 0 $ $
TOTAL $1,016,445 $ 0 $ 0 $ 2,140,528 $ 3,156,973
B. SCOPE OF PROJECT WORK:
A vacuum station and vacuum sewer extensions are to be constructed for the North Key Largo
Utility Corporation. The facilities to be constructed will provide for decommissioning existing
individual on-site wastewater treatment and disposal systems. Wastewater treatment and disposal
will be provided at the existing facility serving the Utility.
C. PROJECT SCHEDULE - Submit all disbursement requests no later than June 15,2003.
DEP Agreement LP0337, Attachment A - Revision 2, Page 1 of 1
ATTACHMENT B - REVISED
SPECIAL AUDIT REQUIREMENTS
The administration of funds 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 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 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 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-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 $300,000 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 $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-l33, 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.
DEP Agreement No. LP0337, Attachment B - Revised, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes.
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. EXHffiIT 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 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 information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial
Assistance (CSFA), a recipient should access the website for the Governor's Office located at
htto:llsun6.drns.state.fl.us/fsaal for assistance. In addition to the above website, the following websites may
be accessed for information: Legislature's Website htto:ll~w.leg.state.fl.us/, Governor's Website
htto:llwww.flgov.coml. Department of Banking and Finance's Website
http://www.dbf.state.fl.us/aadir/FSAAIndex.html. and the Auditor General's Website
http://sun6.drns.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. In 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).)
DEP Agreement No. LP0337, Attachment B - Revised, Page 2 of 5
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:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
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)(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 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 each of the following
addresses:
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 P ART 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:
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
111 West Madison Street
Tallahassee, Florida 32302-1450
DEP Agreement No. LP033 7, Attachment B - Revised, Page 3 of 5
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:
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-133, 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-B3, 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 5 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.
DEP Agreement No. LP0337, Attachment B - Revised, Page 4 of5
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