05/17/2000 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027 .
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DA TE:
June 7,2001
TO:
Timothy McGarry, Director
Growth Management Division
A TIN:
FROM:
Colleen Gardner
Executive Assistant
Pamela G. Hanco~
Deputy Clerk U
At the May 16, 2001, Board of County Commissioner's (BOCC) Meeting the Board
adopted Resolution No. 203-2001 transmitting to the Florida Department of Community Affairs
of the request by Leonard Lovallo to amend the Future Land Use Map of the Monroe County
Year 2010 Compr~hensive Plan from recreation (R) to residential medium (RM) for property
described as part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo,
located in Section 13, Township .59 South, Range 40 East, located within the Ocean Reef Club at
the northern terminus of County Highway 905, having the real estate identification number
00573670.005903. Enclosed i3 a certified copy of the subject Resolution.
At the May 17, 2001, BOCC Meeting the Board adopted Resolution No. 204-2001
authorizing the submission of a Grant Application to the Florida Department of Transportation
for the FY 2002 FHW A National Scenic Byways Grant Program. Enclosed is a certified copy of
the subject Resolution.
./' Also at the May 17, 2000, BOCC Meeting the Board granted approval and authorized
execution of a Project Agreement, DEP Agreement No. LE328 for CV A 98-196, between
Monroe County and the Floridc, Department of Environmental Protection Clean Vessel Act Grant
Program to provide for marine sanitary pump-out facilities at the Florida Keys Marina, Marathon.
Enclosed are three duplicate originals, executed on behalf of Monroe County, for your handling.
Please be sure to return the fully executed "Clerk's Original" to our office as soon as
possible.
Growth Management
June 7,2001 - Page 2
Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
County Attorney
Finance
File ,/
MEMORANDUM
To: Belle DeSantis, Deputy Clerk
From: Colleen Gardner, Executive Assistant ~
Date: 10/11/01
RE: Clean Vessel Act Project Agreement
Enclosed please find the "Clerk's Original" of the Project Agreement which has been
executed by the Florida Department of Environmental Protection and Monroe County
regarding pump-out facilities. This item was approved at the May 17, 2001 BOCC
Meeting.
If you have any questions, please contact me at extension 2517.
leg
Enclosure
cc: Timothy J. McGarry, AICP, Director of Growth Management (w/o encl.)
CLERK'S ORIGINAL
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
DEP Agreement No: LE328
for CV A 98-196
PROJECT AGREEMENT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee,
Florida 32399 (hereinafter referred to as the "DEPARTMENT") and the Monroe County Board of
County Commissioners, whose address is 2798 Overseas Hwy. #420, Marathon, Florida 33050
(hereinafter referred to as the "GRANTEE"), a local government entity, to conduct a project located at
800 35th St. Ocean, Marathon Florida 33050 which is approved under the Federal Clean Vessel Act
Grant Program (CFDA 15.616, entitled "Clean Vessel Act Program").
In consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and GRANTEE do
hereby agree as follows:
1. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel
Act of 1992, the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85)
and Section 370.0608(3)(c) 2, Florida Statutes which are hereby incorporated by reference as if
fully set forth herein.
2. The GRANTEE agrees to conduct the project known as Clean Vessel Act Improvements,
in accordance with the terms and conditions set forth in this Agreement, the Scope of Work as
provided in Attachment A, and all exhibits and attachments referenced herein and made a part
hereof.
3. The GRANTEE agrees to complete the project on or before November 4, 2002. This Agreement
shall become effective upon execution and shall remain in effect for a period of five (5) years
from the date of project completion. The GRANTEE must make project facilities available to the
boating public on a first come first serve basis for a minimum of five years after the completion
date of the project established above.
4. The project completion date may be extended by change order issued by the DEPARTMENT
subject to the same terms and conditions, and the availability of funding. Request for extension
of time in which to complete the project described in this Agreement shall be in writing and shall
be requested at least sixty (60) days prior to the completion date as described in paragraph 3
above.
5. The GRANTEE shall perform as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT.
6. As consideration for the services rendered by the GRANTEE under the terms of this Agreement,
the DEPARTMENT shall pay the GRANTEE on a cost reimbursement basis as specified in
Attachment A of this Agreement. Maximum compensation available under this Agreement shall
not exceed $50,000.00. The DEPARTMENT may not be invoiced for any work performed prior to
the execution of this Agreement or for any work performed after the project completion date
CV A 98-196 LE328
Page 1 of6
established in paragraph 3. All invoices for amounts due under this Agreement shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof. No travel expenses
are authorized under the terms of this Agreement.
7. The GRANTEE shall submit a final invoice to the DEPARTMENT no later than November 25.
2002 to assure the availability of funds for final payment.
8. The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
9. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
10. This Agreement may be terminated by either party, for failure to perform by the non-terminating
party, by giving thirty (30) calendar days written notice to the other party. Said notice shall be
sufficient if delivered personally or by certified mail to the address contained herein. In case of
termination by the GRANTEE, only amounts accrued to the date of cancellation shall be due and
payable. In case of termination by the DEPARTMENT, the GRANTEE shall be responsible for
refunding program funds within sixty (60) days of termination. Failure to comply with the
provisions in this Agreement shall result in the DEPARTMENT declaring the GRANTEE ineligible
for further participation in the Program.
11. The DEPARTMENT shall have the right to terminate this Agreement and demand refund of
Program funds for non-compliance with the terms and conditions of this Agreement. If it
becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered
pursuant to this Agreement, the GRANTEE agrees to return said funds to the DEPARTMENT
within sixty (60) days after notification by the DEPARTMENT. If not returned within sixty (60)
days, the GRANTEE understands and agrees that any further GRANTEE requests for funding as
to this or any other program under the DEPARTMENT's administration shall be denied until the
funds have been returned.
12. Any and all notices shall be delivered to the parties at the following addresses:
GRANTEE
George Garrett
Project Manager
Marathon Community Marina
2798 Overseas Hwy #400
Marathon, FL 33050
DEPARTMENT
Jan R. DeLaney
Project Manager
Division of Law Enforcement
3900 Commonwealth Blvd., M. S. 665
Tallahassee, FL 32399-2000
13. The DEPARTMENT reserves the right to inspect the project at any reasonable time and to have
reasonable access for such inspection by appropriate state and federal representatives.
14. Pursuant to Section 216.2815, Florida Statutes, all records with respect to receipt and
expenditure of the appropriations for money funding this grant shall be public record and shall be
treated in the same manner as other public records are under general law. This Agreement
may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public
access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, Florida Statutes, and made or received by the GRANTEE in conjunction with this
Agreement.
CV A 98-196 LE328
Page 2 of6
15. The DEPARTMENT's Project Manager is Jan R. DeLaney, Program Grants Manager, Phone
(850) 488-5757 extension 178. The GRANTEE's Project Manager is George Garrett, Phone
(305) 289-2507. All matters shall be directed to the Project Managers for appropriate action or
disposition.
16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest,
which would conflict in any manner or degree with the performance of services required.
17. This Agreement has been delivered in the State of Florida and shall be construed in accordance
with the laws of Florida. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement shall be prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Agreement. Any action hereon or in connection
herewith shall be brought in Leon County, Florida.
18. The GRANTEE shall maintain books, records and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. The DEPARTMENT, the State, or their authorized representatives shall have access to
such records for audit purposes during the term of this Agreement and for three years following
Agreement completion. In the event any work is subcontracted, the GRANTEE shall similarly
require each subcontractor to maintain and allow access to such records for audit purposes.
19. In addition to the provisions contained in paragraph 18 above, the GRANTEE shall comply with
the applicable provisions contained in Attachment B. A revised copy of Attachment S, Exhibit-1,
must be provided to the GRANTEE with each amendment, which authorizes a funding, increase
or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the
Agreement for purposes of assisting the GRANTEE in complying with the requirements of
Attachment B. If the GRANTEE fails to receive a revised copy of Attachment S, Exhibit-1, the
GRANTEE shall notify the DEPARTMENT's Contracts Administrator at 850/922-5942 to request
a copy of the updated information.
20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the
GRANTEE will be allowed a maximum of sixty (60) days to submit additional documentation to
offset the amount identified or return the amount due.
21. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement, shall impair any such right, power, or remedy
of either party nor shall such delay or failure be construed as a waiver of any such breach or
default, or any similar breach or default thereafter.
22. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or
interest in any third party without the mutual written Agreement of the parties hereto.
23. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected
to discrimination in performance of this Agreement.
24. This Agreement is an exclusive grant and may not be assigned in whole or in part without the
written approval of the DEPARTMENT.
CV A 98-196 LE328
Page 3of6
25.
A.
The GRANTEE may subcontract work under this Agreement without the prior written
consent of the DEPARTMENT's Project Manager. The GRANTEE agrees to be
responsible for the fulfillment of all work elements included in any subcontract and agrees
to be responsible for the payment of all monies due under any subcontract. It is
understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to
any subcontractor for any expenses or liabilities incurred under the subcontract and that
the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
B. The DEPARTMENT supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens
of the State of Florida. Upon request, the DEPARTMENT will furnish a list of minority
owned businesses for consideration in subcontracting opportunities.
26. The employment of unauthorized aliens by any contractor/vendor is considered a violation of
Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.
The GRANTEE shall be responsible for including this provision in all subcontracts with private
organizations issued as a result of this Agreement.
27. The GRANTEE shall comply with all applicable federal, state and local rules and regulations in
completing the project as described in Attachment A of this Agreement. The GRANTEE
acknowledges that this requirement includes compliance with all applicable federal, state and
local health and safety rules and regulations. The GRANTEE further agrees to include this
provision in all subcontracts issued as a result of this Agreement.
28. To the extent required by law, the GRANTEE will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of his
employees connected with the work of this project and, in any case any work is subcontracted,
the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation
Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall
comply fully with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected under the Worker's
Compensation statute, the GRANTEE shall provide, and cause each subcontractor to provide,
adequate insurance satisfactory to the DEPARTMENT, for the protection of his employees not
otherwise protected.
29. The GRANTEE, as an independent contractor and not an agent, representative, or employee of
the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance.
The DEPARTMENT shall have no liability except as specifically provided in the Agreement.
30, The DEPARTMENT shall have exclusive rights to all designs, logos, mottos, slogans, data or
other concepts developed under this Agreement. This provision shall apply whether the property
just described is in the possession of the GRANTEE or a third party,
31.
A.
Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from
entering into any subcontracts under this Agreement with any organization described in
Section 501 (c) (4) of the Internal Revenue Code of 1986, unless such organization
CV A 98-196 LE328
Page 4 af6
warrants that it does not, and will not engage in lobbying activities prohibited by the Act as
a special condition of the subcontract.
B. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited
from using funds provided by this Agreement for the purpose of lobbying the Legislature,
the judicial branch or a state agency.
32. Upon execution of this Agreement, the GRANTEE certifies that neither it, nor its principals, is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any federal department or agency; and that the
GRANTEE shall not knowingly enter into any lower tier contract, or other covered transaction,
with a person who is similarly debarred or suspended from participating in this covered
transaction, unless authorized by the DEPARTMENT, and the federal agency providing the grant
funds to the DEPARTMENT which support this Agreement.
33. Upon satisfactory completion of this Agreement, the GRANTEE may retain ownership of the
equipment purchased under this Agreement. The GRANTEE is responsible for the
implementation of adequate maintenance procedures to keep the equipment in good operating
condition. The GRANTEE is responsible for any loss, damage or theft of, and any loss, damage
or injury caused by the use of, non-expendable personal property or equipment purchased with
state funds and held in his possession for use in a contractual arrangement with the
DEPARTMENT.
34. This Agreement represents the entire Agreement of the parties. Any alterations, variations,
changes, modifications or waivers of provisions of this Agreement shall only be valid when they
have been reduced to writing, duly signed by each of the parties hereto, and attached to the
original of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
CV A 98-196 LE328
Page 5 of 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and
year last written below.
MONROE COUNTY BOARD OF COUNTY
rNERS
. ~ d-
Signature rson Authorized to SI
o ~E4i, tyW{)~NT
Print Name and Title of Authorized Person
Date: 6-1/ 7 / () I
, I
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: .
Director, Divis' n of Law Enforcement or designee
L----
-
Date: /- \. -D I
FEID No. 59-6000749
Federal Employer Identification Number
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DEP Contracts Administrator
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DE Assistant General Counsel
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List of Attachments/exhibits included as part of this Agreement.
Type
Attachment
Attachment
Number
A
B
Description (includinQ number of paQes)
Scope of Work (3 pages)
Special Audit Requirement (5 pages)
CV A 98-196 LE328
Page 6 of6
ATTACHMENT A
Clean Vessel Act Grant Program
Scope of Work
PURPOSE
The purpose of the grant is to establish or restore pumpout facilities that are operational and accessible
to the general boating public for the useful life of the facilities. The purpose of these conditions is to
ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the
Agreement period extending beyond the date of equipment installation or construction completion.
These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds.
This is a cost reimbursement Agreement with matching requirement based on the amount actually paid
by the DEPARTMENT to the GRANTEE. The DEPARTMENT agrees to pay the GRANTEE, on a cost
reimbursement basis, a grant award in the amount of $50,000.00 and the GRANTEE agrees to
undertake the project as described and submitted by the GRANTEE in the Grant Application, CVA 98-
196, and provide a minimum 25% non-federal matching funds. The project is located at Marathon
Community Marina, 800 35th St. Ocean, Marathon, Florida 33050.
CONDITIONS
Reimbursement
1. The request for payment shall consist of an invoice on the GRANTEE's letterhead, clearly
marked as invoice. Two invoices and a final invoice are allowed under this Agreement. The
GRANTEE shall maintain an itemized listing (by category) of all expenditures claimed, including
the dates of service, on GRANTEE invoices submitted to the DEPARTMENT. Receipts and
cancelled checks clearly reflecting the dates of service and back-up documentation shall be
submitted to the DEPARTMENT along with GRANTEE invoices for auditing purposes. Invoices
for the deliverables described on page three (3) of this attachment must explicitly reference the
deliverables and the grant award amounts associated with each deliverable.
2. The GRANTEE shall obtain all required permits and approvals prior to commencement of the
project. A grant award is not an indication of permitability of a project. A Permit Certification
Form, supplied by the DEPARTMENT, shall be sent to and be on file with the DEPARTMENT
before invoices will be processed for payment.
3. Match documentation shall be provided in accordance with instructions and on forms available
from the DEPARTMENT. Any credit for the match by the GRANTEE shall be based on forms
completed and documented to the satisfaction of the DEPARTMENT.
4. The DEPARTMENT shall have fifteen (15) days to review and approve all invoices and reports.
Upon review and approval of each invoice and report, the DEPARTMENT will process the
invoice for payment.
5. The final invoice shall be accompanied by a completed and signed project completion form to be
provided by the DEPARTMENT, an operational plan as described in Condition 1 of the
Operations section of this Attachment, a description of the operational log required under
Condition 8 of the Operations section of this Attachment, and photographs of the completed
project.
Attachment A
CV A 98-196 LE328
Page 1 of 3
Operations
1. The pumpout facility or dump stations will conduct its operations under an operational plan of the
GRANTEE that specifies hours of operation, maintenance principles, methods in determining
volume of material pumped including the use of flow meters as may be necessary,
information/educational materials on pumpout operation and assurances that the pumpout facility
or dump station will be used solely for the collection of boat sewage. This plan will be submitted
with the certification of project construction completion.
2. Each pumpout facility or dump station funded under this project shall be open and available to
the recreational boating public. Each pumpout facility or dump station shall be operated,
maintained, and continue to be reasonably accessible to all recreational vessels for the full
period of the pumpout facility or dump station's life.
3. The GRANTEE will provide marine sanitation and pumpout information for boat owners and
training for pumpout operators. These services may be provided through such methods as
information materials, on site instruction or audio-visual methods by the marina owner/operator,
equipment vendors, harbormaster or local government personnel.
4. The location of each pumpout facility or dump station will be continually identified through
informational markers. All informational markers located on the waters of the state shall be with
prior approval of the DEPARTMENT as required by permitting procedures established by Florida
Statutes and the Florida Administrative Code.
5. Informational placards stating fees, hours of operations, instructions, and operator name and
telephone number shall be posted in a clearly visible location on the station housing. The
placard shall have posted emergency phone numbers for reporting service problems and shall
include the following statement:
Funded in part by the U. S. Fish and Wildlife Service, Clean Vessel Act through the Florida
Department of Environmental Protection, Division of Law Enforcement.
6. Pumpout facilities will be designed and operated in accordance with state and local health
regulations.
7. Pumpout or dump station services will be provided free of charge or for a fee not to exceed $5
per vessel. Fees greater than $5 require submittal for approval of an itemized operational cost
justification by the DEPARTMENT. Fee accounting will be provided with the annual log
described below. If fees are collected, such proceeds shall be retained, accounted for, and used
by the operator exclusively to defray operation and maintenance costs of the pumpout equipment
and associated materials.
8, The pumpout operator shall maintain an operational log to be submitted to the DEPARTMENT
the first day of each calendar quarter beginning with the quarter during which completion of
construction or installation of equipment occurred. The log shall document use of the
equipment by number of pumpout services events, gallons pumped, fees charged, and
maintenance, labor, or other operational costs incurred, Volume of sewage handled must be
determined as described in the approved operational plan. Costs may be estimated unless
greater than $5 fees are charged. Collections of higher fees require detailed accounting of
operational costs through a method included in and approved with the operational plan.
Attachment A
CV A 98-196 LE328
Page 2 of 3
DELlVERABLES
The following is a schedule of deliverables and related amounts. The specific grant award amounts for
each of the deliverables listed in the schedule below may vary; however, the maximum grant award
amount is as stated on page 1 of this Attachment. The grant award amount to be provided by the
DEPARTMENT is based on the amount recommended and approved by the DEPARTMENT for this
specific project. The dollars expended or in-kind effort by the GRANTEE shall be at least 25% of the
total amount actually expended on the project.
Schedule of Deliverables and Amounts
Deliverables Detail Project Grant Amount
Amount
Permitting State and local permits required for $1,591.00 $1,193.25
installation of equipment.
Construction Labor and materials required to $43,765.00 $32,823.75
prepare site for equipment.
Renovation Labor and materials necessary to $0.00 $ 0.00
restore pumpout equipment.
Equipment Purchase Pumpout or waste receptacle $9,707.00 $7,280.25
equipment and associated piping to
be installed.
Equipment installation Plumbing supplies, delivery and $4,774.00 $3,580.50
labor.
Operations and Maintenance Necessary repair of equipment $6,668.00 $5,001.00
including parts and labor.
Information signs and Advertisements, handouts, pumpout $161.66 $121.25
brochures logo, channel marker, and
operational signage.
Education and instructional Brochures or handout information $0.00 $ 0.00
materials about the Clean Vessel Act and the
equipment available for public use.
Total Project Amount $66,666.66
Total Grant Award Amount $50,000.00
Total Match Amount $16,666.66
Attachment A
CV A 98-196 LE328
Page 3 of 3
ATTACHMENTB
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-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 defmed 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 defmed 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 of OMB 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-B3, as revised. An audit of the recipient conducted by the
Auditor General in accordance with the provisions OMB Circular A-B3, 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 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-I33, 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. LE328, Attachment B, 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 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 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 Catalog of State Financial Assistance (CFSA), a recipient should access
the website for the Governor's Office of Planning and Budget located at http://www.eog.state.fl.us/for
assistance. In addition to the above website, the following websites may be accessed for information:
Legislature's Website http://www.1eg.state.fl.us/, Governor's Website http://www,flgov.com/, Department of
Banking and Finance's Website http://www.dbf.state.fl.us/. and the Auditor General's Website
http://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. 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).)
PART IV: REPORT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A-B3, 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:
Ian R. DeLaney
Florida Department of Environmental Protection
Division of Law Enforcement
3900 Commonwealth Boulevard (MS665)
Tallahassee, Florida 32399-3000
DEP Agreement No. LE328, Attachment B, Page 2 of 5
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)(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-B3, 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:
Jan R. DeLaney
Florida Department of Environmental Protection
Division of Law Enforcement
3900 Commonwealth Boulevard (MS665)
Tallahassee, Florida 32399-3000
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:
Jan R. DeLaney
Florida Department of Environmental Protection
Division of Law Enforcement
3900 Commonwealth Boulevard (MS665)
Tallahassee, Florida 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
DEP Agreement No. LE328, Attachment B, Page 3 of 5
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
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:
Jan R. DeLaney
Florida Department of Environmental Protection
Division of Law Enforcement
3900 Commonwealth Boulevard (MS665)
Tallahassee, Florida 32399-3000
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-133, 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LE328, Attachment B, Page 4 of 5
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