HomeMy WebLinkAbout1st Amendment 08/18/2025 Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
F 12
Effective Date: Date of Signing
Expiration Date: 12/31/2, 030
Contract Purpose/Description:
To develop an artificial reef program to plan,construct, monitor,and maintain artificial reef habitats in Monroe County.
The Amendment No, 1 clarifies the term of the agreement(ending on December 31,2g30)and the dollar figure(from$10 millions to$16 million),
The F C Grant Agreement commits to a full reimbursement(no match),so Resolution No,2 7-2007 applies to
allow the County Administrator to sign, administratively.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Hanna Koch 786-847-5443 _ Artificial Reefs/Stop#11
CONTRACT COSTS
Total Dollar Value of Contract: $ 15 Current Year Portion: $
(must be$100,000.00 or less) (If multiyear agreement then
requires BOCC approval,unless the
tool cagla I6vvc anloam is
S W0,000 00 of lcss).
Budgeted? Yes■❑ No ❑
Grant: $15,000,000.00 County Match: $
Fund/Cost Center/Spend Category: Fund:Grant 2 , 21 cast Center:62656/Spend Category.630310,SC I t7(3 P
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries, etc.)
Insurance Required: YES ❑NO ❑
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: Hanna Koch Dateal202ly 5.2.18ed Hanna Koch
Date:2025.02.18 12:06:53-05'00'
Eve M. Lewis Digitally signed by Eve M.Lewis
County Attorney Signature: Date:2025.052711:4234-04'00'
Gaelan P Jones Digitally signed by Dealer P Jones
Risk Management Signature: Date:2025.052817:18:46-04'00'
Purchasing Signature: Lisa Abreu Date Digitally signed.06.05 Lisa Abr-0:202506.05 16:10:29 4'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Date:2025.06.10,2:0022-04'00'
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
FWC Contract No. #23132
AMENDMENT
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
FWC Agreement No. #23132,Amendment#1
This Amendment to Agreement No. #23132,referred to as the Original Agreement, is entered into by
and between the Florida Fish and Wildlife Conservation Commission,whose address is 620 South
Meridian Street,Tallahassee, Florida 32399-1600, hereafter"Commission" or"FWC," and Monroe
County Board of County Commissioners, FEID#59-6000749, whose address is 1100 Simonton St. Key West,
FL 33040, hereinafter"Recipient,"collectively, "Parties".
CHANGES TO THE CONTRACT
In consideration of the mutual benefits set forth herein and, in the Original Agreement,the parties agree
to amend the Original Agreement as follows,which amendments shall govern to the exclusion of any
provision of the Original Agreement to the contrary:
1. All references in the Original Agreement and Attachment A to the Agreement expiration date of
December 31, 2028 are hereby changed to December 31, 2030.
2. Section #4 of the Original Agreement, Item A, Compensation, is hereby amended to increase the
compensation amount from $10,000,000.00 to $15,000,000.00.
3. Section#10 of the Original Agreement,Notices and Correspondence, is hereby amended to
change the Grant Manager for the RECIPIENT to read as follows:
RECIPIENT GRANT MANAGER CONTACT INFORMATION:
Dr. Hanna R. Koch
Director,Artificial Reefs
Monroe County
2798 Overseas Highway
Marathon,FL 33050
Office: 305-289-2562
Koch-Hanna@MonroeCounty-FL.gov
4. Attachment A, Scope of Work,Section#1, Description of Goods/Services Provided,Item B,
is hereby amended to read as follows:
B. Available funds for this project are $15,000,000. The RECIPIENT will competitively solicit
for vendors to provide services and materials required to plan and create artificial reef marine
habitat support structures.Artificial reef deployment sites will be constructed and deployed for the
total of$15,000,000 less any costs incurred associated with consulting, permitting, engineering,
FWC Contract/Agreement Amendment Last Revised: 2.11.2022 Pagel of 3
FWC Contract No. #23132
and monitoring related to construction. When administering the competitive solicitations, the
RECIPIENT shall adhere to either State or County procurement policies and procedures,
whichever requirements are more restrictive.
5. Attachment A, Scope of Work,Section #2, Background,Item C, is hereby added as follows:
C. During the 2024 Florida Legislative Session, an additional $5,000,000 in nonrecurring funds
from the General Revenue Fund was provided to the Fish and Wildlife Conservation Commission
"for the purpose of establishing and implementing a framework for the placement,monitoring,and
maintenance of artificial reefs in Monroe County".
6. Attachment A,Scope of Work,Section#13,Allowable expenditures associated with the reef
project,Item A, is hereby amended to read as follows:
A. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-
9.004(1), F.A.C. No more than $3,000,000 or 20% (whichever is less) of project funds granted
under the program may be expended for `engineering services'. Any funds required in excess of
this amount must be provided by the RECIPIENT. See Chapter 68E-9.004(l)(a), F.A.C. for the
definition of `engineering services' and complete list of eligible materials and activities. These
allowable `engineering services' expenditures are intended to go towards the planning,
management, and framework (staff and equipment) for development of a long-term Monroe
County Artificial Reef Program.
7. Attachment B,Requirements of the Federal and Florida Single Audit Acts is hereby
replaced with Attachment B-1,Requirements of the Federal and Florida Single Audit Acts.
The rest of this page has intentionally been left blank.
FWC Contract/Agreement Amendment Last Revised: 2.11.2022 Page 2 of 3
FWC Contract No. #23132
SIGNATURES
All provisions of the Original Agreement not specifically amended herein shall remain in full force and
effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to Agreement No. 423132
to be executed through their duly authorized signatories on the day and year last written below.
RECIPIENT EXECUTION SIGNATURE COMMISSION EXECUTION SIGNATURE
Monroe County Board of County Florida Fish and Wildlife Conservation
Commissioners Commission
Digitally signed by Christine
Christine Hurley Hurley
Date:2025.06.11 10:24:20-04'00'
Recipient Signature Executive Director(of Designee) Signature
Christine Hurley
Print Name Print Name
County Administrator JA 0
Title Title
06/10/2025
Date Date
Approved as to legal form and sufficiency:
Eve M.Lewis
Attachments
Attachments in this Agreement include the following:
0 Attachment B-I Requirements of the Federal and Florida Single Audit Acts
FWC Contract/Agreement Amendment Last Revised: 2.11.2022 Page 3 of 3
r 1•
� k
,. Department of Financial Services
Division of"ftcc•ounling and,-I udllhig Bureau(! �Audiling
ATTACHMENT B-1
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL,FINANCIAL,ASSISTANCE
Note: Rule Chapter 691-5,Florida Administrative Code(F.A.C),State Financial Assistance, incorporates this form as well
as the regulations cited therein by reference in Rule 691-5.006,F.A.C. Rule 691-5.001,F.A.C., incorporates 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards, including Subpart F-
Audit Requirements,2018 Edition,and its related Appendix XI, Compliance Supplement,April 2017 and Apri12018. The
form and regulations can be accessed via the Department q/Financial Services'website at https:llapl3s.fldfs.com/f"saa/`
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission to the
grantee may be subject to audits and/or monitoring by the Florida Fish and Wildlife Conservation
Commission,as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F-Audit Requirements,
and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may
include, but not be limited to, on-site visits by the Florida Fish and Wildlife Conservation Commission
staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this
agreement, the grantee agrees to comply and cooperate with any monitoring procedures or processes
deemed appropriate by the Florida Fish and Wildlife Conservation Commission. In the event the Florida
Fish and Wildlife Conservation Commission determines that a limited scope audit of the grantee is
appropriate,the grantee agrees to comply with any additional instructions provided by the Florida Fish and
Wildlife Conservation Commission staff to the grantee regarding such audit. The grantee further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer(CFO)or Auditor General.
AUDITS
Part 1: Federally Funded
This part is applicable if the grantee is a state or local government or a nonprofit organization as defined in
2 CFR §200.90, §200.64,and §200.70.
1. A grantee that expends $750,000 or more in federal awards in its fiscal year must have a single or
program-specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit
Requirements. EXI-IIBIT 1 to this form lists the federal resources awarded through the Florida Fish
and Wildlife Conservation Commission by this agreement. In determining the federal awards
expended in its fiscal year,the grantee shall consider all sources of federal awards, including federal
resources received from the Florida Fish and Wildlife Conservation Commission. The determination
of amounts of federal awards expended should be in accordance with the guidelines established in 2
CFR §§200.502-503. An audit of the grantee conducted by the Auditor General in accordance with
the provisions of 2 CFR §200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I,paragraph 1,the grantee shall fulfill the requirements
relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A grantee that expends less than$750,000 in federal awards in its fiscal year is not required to have
an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.
If the grantee expends less than $750,000 in federal awards in its fiscal year and elects to have an
audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements,
DFS-A2-CL Attachment B-1,Page-1-
Rev. 11/18
Rule 69I-5.006,F.A.C.
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
the cost of the audit must be paid from non-federal resources(i.e.,the cost of such an audit must be
paid from grantee resources obtained from other than federal entities).
Part II: State Funded
Note: This part is applicable if the grantee is a nonstate entity as defined by section 215.97(2),F.S.
1. In the event that the grantee expends a total amount of state financial assistance equal to or in excess
of$750,000 in any fiscal year of such grantee(for fiscal years ending June 30,2017,and thereafter),
the grantee must have a state single or project-specific audit for such fiscal year in accordance with
section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550
(local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the
Florida Fish and Wildlife Conservation Commission by this agreement. In determining the state
financial assistance expended in its fiscal year,the grantee shall consider all sources of state financial
assistance, including state financial assistance received from the Florida Fish and Wildlife
Conservation Commission, 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. For the audit requirements addressed in Part II, paragraph 1, the grantee shall ensure that the audit
complies with the requirements of section 215.97(8), F.S. This includes submission of a financial
reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental
entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the grantee expends less than $750,000 in state financial assistance in its fiscal year (for fiscal
years ending June 30,2017,and thereafter),an audit conducted in accordance with the provisions of
section 215.97, F.S., is not required. If the grantee expends less than $750,000 in state financial
assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions
of section 215.97,F.S.,the cost of the audit must be paid from the nonstate entity's resources(i.e.,the
cost of such an audit must be paid from the grantee's resources obtained from other than state
entities).
Part III: Other Audit Requirements
Note: This Part should be used to speck 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),F.S.,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, F.S. In such an event, the state awarding agency must arrange.for funding the full cost of such
additional audits.
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit
Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR
§200.512, by or on behalf of the grantee directly to the Federal Audit Clearinghouse (FAC) as
provided in 2 CFR §200.36 and §200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit
reporting package. Updates to the location of the FAC and data entry system may be found at the
OMB website.
2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on
behalf of the grantee directly to each of the following:
DFS-A2-CL Attachment B-1,Page-2-
Rev. 11/18
Rule 69I-5.006,F.A.C.
i
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
a. The Commission at each of the following addresses:
Office of Inspector General
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee,FL 32399-1600
b. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
I I I West Madison Street
Tallahassee,Florida 32399-1450
The Auditor General's website (https:Hflauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or the management letter required by Part III of this form shall be submitted by or
on behalf of the grantee directly to:
The Commission at each of the following addresses:
Office of Inspector General
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee,FL 32399-1600
4. Any reports, management letters, or other information required to be submitted to the Florida Fish
and Wildlife Conservation Commission pursuant to this agreement shall be submitted timely in
accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental
entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
5. Grantees, when submitting financial reporting packages to the Florida Fish and Wildlife
Conservation Commission for audits done in accordance with 2 CFR 200, Subpart F - Audit
Requirements,or Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit
organizations),Rules of the Auditor General,should indicate the date that the reporting package was
delivered to the grantee in correspondence accompanying the reporting package.
Part V: Record Retention
The grantee shall retain sufficient records demonstrating its compliance with the terms of the award(s)and
this agreement for a period of at least five years from the date the audit report is issued,and shall allow the
Florida Fish and Wildlife Conservation Commission, or its designee, the CFO, or Auditor General access
to such records upon request. The grantee shall ensure that audit working papers are made available to the
Florida Fish and Wildlife Conservation Commission, or its designee, the CFO, or Auditor General upon
request for a period of at least three years from the date the audit report is issued,unless extended in writing
by the Florida Fish and Wildlife Conservation Commission.
DFS-A2-CL Attachment 13-1,Page-3-
Rev. 11/18
Rule 691-5.006,F.A.C.
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
i
Note: Records need to be retained for at least five years to comply with record retention requirements related to
original vouchers as prescribed by the Department of State, Division of Library and Information Services, Bureau of
Archives and Records Management.
DFS-A2-CL Attachment B-1,Page-4-
Rev. 11/18
Rule 69I-5.006,F.A.C.
6
i
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
EXHIBIT 1
Federal Resources Awarded to the Grantee
Pursuant to this Agreement Consist of the Following:
Note: If the resources awarded to the grantee represent more than one federal program,provide the same information
shown below for each federal program and show total federal resources awarded.
1. Federal Program A:
not applicable
2. Federal Program B:
not applicable
Compliance Requirements Applicable to the Federal Resources
Awarded Pursuant to this Agreement are as Follows:
Note: If the resources awarded to the grantee represent more than one federal program, list applicable compliance
requirements for each federal program in the same manner as shown below.
1. Federal Program A:
not applicable
2. Federal Program B:
not applicable
Note: Instead of listing the specific compliance requirements as shown above, the state awarding agency may elect
to use language that requires the grantee to comply with the requirements of applicable provisions of specific laws,
rules, regulations, etc. For example,for Federal Program A, the language may state that the grantee must comply
with specific laws,rules, regulations, etc., that pertains to how the awarded resources must be used or how eligibility
determinations are to be made. The state awarding agency, if practical, may want to attach a copy of the specific
laws, rules, regulations, etc., referred to.
State Resources Awarded to the Grantee
Pursuant to this Agreement Consist of the Following:
Matching Resources for Federal Programs:
Note: f the resources awarded to the grantee.for matching represent more than one federal program, provide the
same information shown below for each federal program and show total state resources awarded for matching.
1. Federal Program A:
not applicable
2. Federal Program B:
not applicable
DFS-A2-CL Attachment B-1,Page-5-
Rev. 11/18
Rule 691-5.006,F.A.C.
i
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
Subject to Section 215.97,F.S.:
Note: If the resources awarded to the grantee represent more than one state project,provide the same information
shown below for each state project and show total state financial assistance awarded that is subject to
section 215.97,F.S.
1. State Project A:
Florida Artificial Reef Program, CSFA 77-007, $15,000,000
2. State Project B:
not applicable
Compliance Requirements Applicable to State Resources Awarded
Pursuant to this Agreement Are as Follows:
Note: List applicable compliance requirements in the same manner as illustrated above for federal resources. For
matching resources provided by the Department of ABC for federal programs, the requirements might be similar to
the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to
different amounts of the non-federal resources, there may be more than one grouping(i.e., 1, 2, 3, etc) listed under
this category.
1. State Project A:
A. Only the goods and/or services described within the attached Agreement and Attachment A Scope
of Work are eligible expenditures for the funds awarded.
B. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code
must be complied with in order to receive funding under this Agreement.
C. The Grantee must comply with the requirements of all applicable laws,rules or regulations relating
to this artificial reef project.
2. State Project B:
not applicable
Note: 2 CFR§200.513 and section 215.97(5), F.S., require that the information about federal programs and state
projects included in EXHIBIT 1 be provided to the grantee.
For questions regarding Form DFS-A2-CL, contact your FSAA state agency liaison or the Department of Financial
Services, Bureau of Auditing, at FSAA@MyFloridaCFO.com or(850)413-3060.
DFS-A2-CL Attachment B-1,Page-6-
Rev. 11/18
Rule 691-5.006,F.A.C.
September 18. 2O25
Dr. Hanna R. Koch
Director, Artificial Reefs
Monroe County
Florida Fish 27g8 Overseas Highway
&18[8thoO FL33O5O
��� ��i���if� '
C'OOs,,�,rYa tiOO
�Ornr0ig3ion RE: Executed Amendment#1. Grant Agreement FVVC-23132`41
Monroe County Artificial Reef Construction
evuneyaa,neto
Chairman
Coral Gables [}eRr h:
Steven Hudson
Vice Chairman Please find enclosed the final executed copy of the above referenced Amendment#1.
Fort Lauderdale
pestonpa,,m,
n,mvv This amendment increases the compensation amount from $1O,OOO'OOOtO $15.00O.UOO.
Joshua Kellam modifies the agreement period by extending the expiration date to December 31. 2038'
Palm Beach Gardens and iOCFB3SBS the 8||Oc8[ioD Of 8||0vv8b|e expenditures for engineering services to
Gary Lester $3.000.000.
oxmm
Albert Maury All VvO[k nOUSt be completed no later than [)eCennber31' 2030. The funds are from the
Coral Gables
Sonya Rood 2024-25 fiSC3| year appropriation to the Commission's artificial reef program. If you have
St.Augustine any questions regarding the Grant Agreement, please contact me at (850) 617-9683 Or
by email at keith�rni||e��nnyfwo.conn.
—
RogerA.xmng
�� u Director
�o un,o 'oom, 8inmaP2|y.
Charles"Rett"Boyd
Assistant Executiv�Director ...
George Warthen
Chief Conservation Officer Keith-14ille, Biological Administrator
Jessica Crawford
Chief mStaff Artificial Reef Program
Division Of Marine Fisheries Management
/maicaM000v|oy
Director
ono1oroos4
Managing fish and wildlife
resources for their long-term
well-being and the benefit
or»ouvw.
s2n South Meridian Street
Tallahassee,Florida
n2aee'1snn
vo/oo:oon'400'usre
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800-955'87710
800-955u770(V)
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