HomeMy WebLinkAboutItem #02 Pioneer Key Regional Stormwater Pond Grant
AGENDA ITEM COVER SHEET
Meeting Date: January 30, 2007
Item # ?
Contact Name:
Contact Number:
Stephen C. Krug
6002
Reviewed By:
Department Director:
City Manager:
nal
Subject: Mayor To Execute DEP Agreement No. 50192, Amendment No.1, P
Stormwater Pond Grant Assistance.
Background Summary:
Through the Department of Environmental Protection (DEP) and the Florida Watershed Restoration Act,
the City of Ocoee entered into a Grant Assistance Agreement on January 25, 2005 for the Pioneer Key
Regional Stormwater Pond north of Palm Drive in District NO.3 of Commissioner Johnson. The original
Agreement had a two (2) year completion time, however the actual completion schedule incorporated
into the Grant Work Plan was for five (5) years to include environmental monitoring. The attached
Amendment No. 1 extends the agreement three (3) additional years to January 30, 2010 as required to
complete the project. The amendment also incorporates the Florida Single Audit Act Requirements in
Attachment C-1 and Exhibit 1.
It is requested that the Amendment NO.1 be executed before January 31, 2007 in order to allow DEP to
encumber the funding for this project.
Issue:
Mayor to execute DEP Agreement No, S0192, Amendment No.1, Pioneer Key Regional Stormwater
Pond Grant Assistance.
Recommendations
Recommend approval for Mayor to execute DEP Agreement No, S0192, Amendment No.1, Pioneer Key
Regional Stormwater Pond Grant Assistance.
Attachments:
. DEP Agreement No. S0192, Amendment NO.1.
. Attachment C-1, Revised Special Audit Requirements.
Financial Impact:
Execution of Amendment NO.1 will provide $850,000.00 from the DEP Water Quality Assurance Trust
Fund for the Pioneer Key Regional Stormwater Pond project.
Type of Item: (please mark with an "x'J
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept Use:
_ Consent Agenda
Public Hearing
_ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
2
Commissioners
Garv Hood, District 1
Scott Anderson. District 2
Rustv Johnson. District 3
Joel Keller, District 4
Mavor
S. Scott Vandergrift
City Manager
Robert Frank
STAFF REPORT
ocoee Public Works Te~
FROM:
Stephen C. Krug, Public Works Director
TO:
The Honorable Mavor and City Commissioners
DATE:
January 30, 2007
Improving a great comnamity
RE: DEP Agreement No, S0192, Amendment No. I, Pioneer Key Regional Stormwater Pond Grant Assistance
ISSUE
Mayor to execute DEP Agreement No, S0192, Amendment No.1, Pioneer Key Regional Stormwater
Pond Grant Assistance.
BACKGROUNDIDISCUSSION
Through the Department of Environmental Protection (DEP) and the Florida Watershed Restoration
Act, the City of Ocoee entered into a Grant Assistance Agreement on January 25, 2005 for the
Pioneer Key Regional Stormwater Pond north of Palm Drive in District No. 3 of Commissioner
Johnson. The original Agreement had a two (2) year completion time, however the actual completion
schedule incorporated into the Grant Work Plan was for five (5) years to include environmental
monitoring. The attached Amendment No. 1 extends the agreement three (3) additional years to
January 30, 2010 as required to complete the project. The amendment also incorporates the Florida
Single Audit Act Requirements in Attachment C-1 and Exhibit 1.
It is requested that the Amendment NO.1 be executed before January 31,2007 in order to allow DEP
to encumber the funding for this project.
1
DEP AGREEMENT NO. S0192
AMENDMENT NO.1
THIS AGREEMENT as entered into on the 3151 day of January, 2005, between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP")
and the CITY OF OCOEE (hereinafter referred to as "Grantee" or "Recipient") is hereby amended.
WHEREAS, due to an error in the Original Agreement regarding the time frame the Grantee has requested
a 36 month no cost time extension to make it consistent with the current scope of work; and,
WHEREAS, the Department agrees to extend the Agreement to January 30, 2010; and,
WHEREAS, the Grantee's Grant Manager has changed and will need to be updated through this
amendment; and,
WHEREAS, footers for Attachment Band E were left out of the Original Agreement and will need to be
added; and,
WHEREAS, other changes to the Agreement are necessary.
NOW THEREFORE, the parties hereto agree as follows:
Paragraph 2, the first sentence is hereby deleted in its entirety and replaced with the following:
2. This Agreement shall begin upon execution by both parties and end no later than January 30,
2010.
Paragraph 10 is hereby deleted in its entirety and replaced with the following:
10.
A.
In addition to the requirements of the preceding paragraph, the Grantee shall comply with
the applicable provisions contained in Attachment C-I (Revised Special Audit
Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to
Attachment C-I summarizes the funding sources supporting the Agreement for purposes
of assisting the Grantee in complying with the requirements of Attachment C-l. A
revised copy of Exhibit 1 must be provided to the Grantee for each amendment which
authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy
of Exhibit I, the Grantee shall notifY the Department's Grants Development and Review
Manager at 850/245-2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The Grantee shall consider the type of financial assistance (federal and/or
state) identified in Attachment C-I, Exhibit 1 when making its determination. For
federal financial assistance, the Grantee shall utilize the guidance provided under OMB
Circular A-133, Subpart B, Section _.210 for determining whether the relationship
represents that of a subrecipient or vendor. For state financial assistance, the Grantee
shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can
be found under the "Links/Forms" section appearing at the following website:
httos:/ /apps. fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the
Department for assistance with questions pertaining to the applicability of these
requirements.
DEP Agreement No. S0192, Amendment No.1, Page 1 of3
Paragraph 15 is hereby deleted in its entirety and replaced with the following:
15. The Grantee's Grant Manager for this Agreement is identified below.
On Attachment B, Payment Request Summary Form, a footer is added to the page that reads:
DEP Agreement No. S0192, Attachment B, Page 1 of2 through Page 2 of2, respectfully.
Attachment C, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment
C-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All
references in the Agreement to Attachment C shall hereinafter refer to Attachment C-l, Revised Special
Audit Requirements.
On Attachment E, Quality Assurance Requirements, a footer is added to the page that reads:
DEP Agreement No. S0192, Attachment E, Page I of9 through Page 9 of9, respectfully.
In all other respects, the Agreement of which this is an Amendment and attachments relative thereto, shall
remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SO 192, Amendment No.1, Page 2 of 3
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
CITY OF OCOEE
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Title*:
By:
Secretary or designee
Date:
Date:
Eric Livingston, DEP Project Manager
DEP Contracts Administrator
Approved as to form and legality:
DEP Attorney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Amendment, a resolution, statement or other doc;ument authorizing that person to sign the Amendment on behalf of
the Grantee must accompany the Amendment.
Attachments/Exhibits included as part of this Amendment:
Specify
Type
Attachment
Letter/
Number
C-I
Description (including number of pages)
Revised Special Audit Requirements (5 Pages)
DEP Agreement No. S0192, Amendment No.1, Page 300
ATTACHMENT C-l
REVISED SPECIAL AUDIT REQUIREMENTS
The administration of resources 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 attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-I33 and Section 215.97, F.S., 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-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 Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local govemment or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 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-I33, 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 resources 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 of 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 $500,000 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 $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-I33, as revised, the cost ofthe audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
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://12.46.245.173/cfda/cfda.html.
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DEP Agreement No. S0192, Attachment C-l, Page 1 of5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$500,000 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 Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
financial assistance, including State financial assistance received from the Department of Environmental
Protection, 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. In connection with the audit requirements addressed in Part II, paragraph I; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 2 I 5.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 2 I 5.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at https://aoos.fldfs.comlfsaa! or the Governor's Office
of Policy and Budget website located at http://www.ebudget.state.fl.us/for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http://www.leg.state.fl.us/WeIcome/index.cfm, Governor's Website http://www.myflorida.coml,
Department of Financial Services' Website http://www.fldfs.comland the Auditor General's Web site
http://www.state.fl.us/audgenlpages/flsaa.htm.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifY 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), Florida
Statutes, 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, Florida Statutes. 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 OMB Circular A-133, as revised, and
required by PART I of this Attachment 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:
DEP 55-215 (04/06)
DEP Agreement No. S0192, Attachment C-1, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
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)(1) 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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (04/06)
DEP Agreement No. 80192, Attachment C-l, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
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, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-l33, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
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, Chief Financial Officer, or Auditor General 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, Chief Financial Officer, or Auditor General 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 55-215 (04/06)
DEP Agreement No. 80192, Attachment C-l, Page 4 of5
EXHIBIT -I
FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Followinl!:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources A warded to the Recipient Pursuant to this Al!reement Consist of the Followine: Matching Resources for Federal Proe:rams:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Ae:reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State CSF A Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Original Water Quality Assurance 2003-2004 37.039 Statewide Surface Water Restoration $850,000.00 140076
Agreement Trust Fund - Line Item and Wastewater Projects
1637C
Total A ward I $850,000.00
-
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.l73/cfdalcfda.html]and/ortheFloridaCatalogofStateFinanciaIAssistance(CSFA)[https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55-215 (04/06)
DEP Agreement No. S0192, Attachment C-I, Page 5 of5