04/19/2001
DEP CONTRACT NO. WM739
AMENDMENT NO.1
THIS CONTRACT as entered into on the 10th day of November, 1999 between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Contractor") is
hereby amended as follows:
WHEREAS, Paragraph 7 of the Contract provides two one-year renewal options; and,
WHEREAS, the Department has determined that renewal of the Contract is in the best interest of the State
of Florida; and,
WHEREAS, this Contract represents a recipient relationship rather than a vendor relationship between the
parties; and,
WHEREAS, other changes to the Contract are needed.
NOW, THEREFORE, the Department and Contractor do hereby agree as follows:
. The Department hereby exercises the fIrst renewal option available under Paragraph 7 of the Contract,
changing the completion date of the Contract from March 9, 2001 to March 9, 2002.
. Paragraphs 9 and 10 are hereby deleted in their entirety.
. Paragraph 25 is hereby deleted in its entirety and replaced with the following:
25. a. No person, on the grounds of race, creed, color, national origin, age, sex, or disability,
shall be excluded from participation; be denied the proceeds or benefIts of; or be
otherwise subjected to discrimination in performance of this Agreement.
b. An entity or affIliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not
award or perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any public entity. The
Florida Department of Management Services is responsible for maintaining the
discriminatory vendor list and intends to post the list on its website. Questions regarding
the discriminatory vendor list may be directed to the Florida Department of Management
Services, OffIce of Supplier Diversity at 850/487-0915.
. Paragraph 32 is hereby deleted in its entirety and replaced with the following:
In addition to the provisions contained in Paragraph 21 above, the Contractor shall comply with
the applicable provisions contained in Attachment D-I, Revised Special Audit Requirements. A
revised copy of Attachment D-I, Exhibit-I, must be provided to the Contractor with each
amendment which authorizes a funding increase or decrease. The revised Exhibit-l shall
summarize the funding sources supporting the Contract for purposes of assisting the Contractor in
complying with the requirements of Attachment D-I. If the Contractor fails to receive a revised
copy of Attachment D-l, Exhibit-I, the Contractor shall notify the Department's Contracts
Administrator at (850) 922-5942 to request a copy of the updated information.
· Attachment D is hereby deleted in its entirety and replaced with Attachment D-I, Special Audit
Requirements, attached hereto and made a part hereof.
In all other respects, the Contract of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
DEP Contract No. WM739, Amendment 1, Page 1 of2
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
NROE COUNTY BOARD OF COUNTY
COMMISSIONERS
FLORIDA DEPARTMENT OF
ENVI ONMENTAL PROTECpON
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DEP Contract No. WM739, Amendment 1, Page 2 of 2
ATTACHMENT D-l
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
ofOMB 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 ofOMB Circular A-133, 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 Contract No. WM739, Attachment D-l, Page lof 5
PART II: STATE FUNDED
This part is applicable if the recipient is a non-state 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. EXHIBIT
I 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:
Eric Livingston, Contract Manager
Florida Department of Environmental Protection
StormwaterlNPS Management Section (MS#3570)
2600 Blairstone Road
Tallahassee, Florida 32399-2400
DEP Contract No. WM739, Attachment D-l, Page 20C 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 (f), OMB
Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-B3, as revised, the recipient shall submit a copy of
the reporting package described in Section .320(c), OMB Circular A-B3, as revised, and any
management letters issued by the auditor, to the Department of Environmental Protection at each of the
following addresses:
Eric Livingston, Contract Manager
Florida Department of Environmental Protection
StormwaterlNPS Management Section (MS#3570)
2600 Blairstone Road
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 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:
Eric Livingston, Contract Manager
Florida Department of Environmental Protection
Stormwater/NPS Management Section (MS#3570)
2600 Blairstone Road
Tallahassee, Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. WM739, Attachment D-l, Page 30f 5
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 P ART 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:
Eric Livingston, Contract Manager
Florida Department of Environmental Protection
StormwaterlNPS Management Section (MS#3570)
2600 Blairstone Road
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-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 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 Contract No. WM739, Attachment D-l, Page 40f 5
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