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Backup Documents 09/14/2010 Item #16C 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. appropriate. (Initial ) A licable) 2. September 14, 2010 Agenda Item Number 16C L 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jennifer B. White Assistant County Attorney Number of Original 3 5. Sue-FiiBbH, Executive Manager I" M iTCF¢c2.L Board of County Commissioners Documents Attached 6. Dwight E Brock Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Bala M. Sridhar Phone Number 252 -2539 Contact appropriate. (Initial ) A licable) Agenda Date Item was September 14, 2010 Agenda Item Number 16C L Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Amendment for SRF Loan # DW 1111020 Number of Original 3 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Onginal 9.03.04. Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial ) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's r, l V Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorpora d in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Onginal 9.03.04. Revised 1.26.05, Revised 2.24.05 16C 2 ►fIN 891 t1"V Date: September 15, 2010 To: Bala Sridhar Sr. Mgt. & Budget Analyst Public Utilities From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment to SRF Loan Agreement DWI 11020 Enclosed please find three (3) originals of the document, as referenced above, (Agenda Item #16C2), adopted by the Board of County Commissioners on Tuesday, September 14, 2010. Please return a fully executed original back to the Minutes & Records Department once all signatures have been received. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure 16C 2 DRINKING WATER SPATE REVOLVING FUND AMENDMENT 2 TO LOAN AGREEMENT DW1111 020 COLLIER COUNTY This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and COLLIER COUNTY, FLORIDA, (Project Sponsor) existing as a local government agency under the laws of the State of Florida. W ITNESSETH: WHEREAS, the Department and the Project Sponsor entered into a Drinking Water State Revolving Fund Loan Agreement, Number DW1111 020, as amended, authorizing a Loan amount of $6,895,722, excluding Capitalized Interest; and WHEREAS, the Loan amount and Project costs need adjustment to reflect actual costs; and WHEREAS, the Semiannual Loan Payment amount needs revision to reflect adjustment of the Loan amount and account for payments made to date. WHEREAS, revised provisions for audit and monitoring along with related changes to the Project schedule are needed. NOW, THEREFORE, the parties hereto agree as follows: 1. The Loan amount is hereby reduced by $1,334,909, and the adjusted total disbursed Loan amount is $5,560,813. 2. The Loan Service Fee is $137,914.00, and capitalized Loan Service Fee interest is $3,290.96. 3. The unpaid principal balance of the Loan is $4,940,806.60 at an interest rate of 2.75 percent per annum, which amount accounts for the Department's receipt of five Semiannual Loan Payments. 4. The Semiannual Loan Payment amount, adjusted to account for repayments received to date, is hereby revised and shall be in the amount of $178,797.97. Such payments shall be received by the Department on October 15, 2010 and semiamrually thereafter on April 15 and October 15 of each year until all amounts due hereunder have been fully paid. 5. Section 2.03 of the Agreement, as amended, is deleted and replaced as follows: (1) The financial assistance authorized pursuant to this Loan Agreement consists of the following: Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist of the Following: 16C Federal State Program Federal CFDA Funding Appropriation Number Agency Number CFDA Title Amount Category FS984522 -060 EPA 66.468 Capitalization Grants for Drinking Water $5,560,813 140129 State Revolving Fund (2) Audits. (a) In the event that the Local Government expends $500,000 or more in Federal awards in its fiscal year, the Local Government must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Subsection 2.03(1) of this Agreement indicates that Federal funds are awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Local Government 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 Local Government conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. (b) In connection with the audit requirements addressed in the preceding paragraph (a), the Local Government shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. (c) If the Local Government 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. The Local Government shall inform the Department of findings and recommendations pertaining to the State Revolving Fund in audits conducted by the Local Government in which the $500,000 threshold has not been met. In the event that the Local Government expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from Local Government resources obtained from other than Federal entities). (d) The Local Government may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov /index ?cck= 1 &au = &ck =. (3) Report Submission. (a) Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Local Government directly to each of the following: (i) The Department at the following address: 16C Joe Aita, Audit Director Office of the Inspector General Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS 41 'Tallahassee, Florida 32399 -3123 (ii) 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 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http:/ /harvester.census.gov /fac/ (iii) Other Federal agencies and pass- through entities in accordance with Sections .320(e) and (f), OMB Circular A -133, as revised. (b) Pursuant to Section .320(f), OMB Circular A -133, as revised, the Local Government 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 at the address listed under Subsection 2.03(3)(a) of this Agreement. (c) Any reports, management letters, or other information required to be submitted to the Department 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. (d) Local Governments, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133, 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 Local Government in correspondence accompanying the reporting package. (4) Project - Specific Audit. Within 12 months after the amendment establishing final Project costs, the Local Government shall submit to the Department a Project - specific audit report for the Loan related revenues and expenditures. The audit shall address Loan disbursements received, Project expenditures, and compliance with Loan Agreement covenants. The Local Government shall cause the auditor to notify the Department immediately if anything comes to the auditor's attention during the examination of records that would constitute a default under the Loan Agreement. The audit findings shall set aside or question any costs that are unallowable under I6C 2 Chapter 62 -503, Florida Administrative Code. A final determination of whether such costs are allowed shall be made by the Department. (5) Record Retention. The Local Government shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Local Government shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. The Local Government 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. For federal financial assistance, the Local Government 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. The Local Government should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. In addition, the Local Government agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment A, attached hereto and made a part hereof, within four (4) months following the end of the Local Government's fiscal year. Attachment A should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399 -3000. The Grants Development and Review Manager is available to answer any questions at (850) 245 -2361. (6) Monitoring. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised (see audit requirements above), 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 Local Government agrees to comply and cooperate with any monitoring procedures/ processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Local Government is appropriate, the Local Government agrees to comply with any additional instructions provided by the Department to the Local Government regarding such audit. The Local Government further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. 6. The closeout audit required under Subsection 2.03(4) of the Agreement shall be submitted within twelve months after the effective date of this amendment. 16C 7. The Project Sponsor and the Department acknowledge that changes in Project costs may occur as a result of the Project Sponsor's Project audit or a Department audit pursuant to Chapter 62 -552 of the Florida Administrative Code. Unless this Agreement is amended subsequent to an audit, the following Project disbursements shall be final. CATEGORY DISBURSED($) Administrative Allowance 38,668.00 Engineering Allowance Construction and Demolition Technical Services During Construction SUBTOTAL Capitalized Interest TOTAL (Loan Principal Amount) 412,454.00 4,811,150.00 298,541.00 5,560,813.00 64,732.83 5,625,545.83 8. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 16C 2 This Amendment 2 to Loan Agreement DW1111 020 shall be executed in three or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Deputy Director, and the Project Sponsor has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this amendment shall be as set forth below by the Deputy Director. for COLLIER COUNTY Fred W. Coyle, Chair4n n Attest. Approved as to Form and Correctness. rt U to 04 Ired ep lerk Jennife7b. White, Asst. County Attorney Oslo SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Deputy Director Date Attachment included as part of this Agreement: Attachment A - Certification of Applicability to Single Audit Act Reporting 16C ATTACHMENT A CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Local Government's Name: Local Government's Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Local Government's most recently completed Fiscal Year: $ Total Federal Financial Assistance Expended during Local Government's most recently completed Fiscal Year: $ Please identify grants to be included in the Single Audit that are provided by the Department of Environmental Protection CSFA #CFDA# DEP LOAN AGREEMENT NUMBER CERTIFICATION STATEMENT: I hereby certify that the above information is correct: Name Title DEP Project Agreement No. xxxx, Attachment A, Page I of I Date 16C Z CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax number is 850/245 -2411. 2. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the information in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. 3. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal loans or grants that you receive. You should list those that are specific to DEP on the form. 4. Question: How do I know what the CSFA /CFDA Number is? Answer: These numbers should be identified in the loan or grant agreement. If you cannot locate them you should call your DEP Project manager and ask them for the needed information. If it is a grant funded by DEP, you may contact Debbie Skelton, DEP Grants Development and Review Manager at (850) 245 -2371. 5. Question: Do I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine. 6. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2A notice. 16C 2 INSTRUCTIONS FOR COMPLETING THE ATTACHMENT Local Government Fiscal Year Period: FROM: Month /Year TO: Month/Year NOTE: THIS SHOULD BE THE LOCAL GOVERNMENT'S FISCAL YEAR FROM (MONTH/YEAR) TO (MONTH/YEAR). Total State Financial Assistance Expended during Local Government's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP. Total Federal Financial Assistance Expended during Local Government's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. 9.4 Please identify loans and /or grants to be included in the Single Audit that are provided by the Department of Environmental Protection. CSFA/CFDA Number DEP Grant Agreement Number THIS INFORMATION SHOULD ONLY BE THOSE LOANS OR GRANTS RECEIVED FROM /THROUGH THE DEP. THE INFORMATION REQUESTED (CSFA/CFDA# SHOULD BE FOUND IN THE SINGLE AUDIT ATTACHMENT TO THE AGREEMENT AND THE DEP AGREEMENT NUMBER SHOULD BE FOUND ON THE AGREEMENT.) The Certification should be signed by your Chief Financial Officer. Please print the name and include the title and date of the signature. The form is to be returned to me, not the DEP Project Manager. If I don't get the form four (4) months after the end of the Local Government's fiscal year, I will send them a letter, along with the form and instructions, six (6) months after the end of their fiscal year to complete and return to me. Don't hesitate to give me a call if you have any questions. Debbie Skelton, Oki(- :Manager Grmu, Development and Review Secrion Carr lluilding, Room 3J5(; 39011 Conummmvalth Boulevard. NIS ;- 93 hnlluhasee, Florida 32399 -=000 Phone: 1850) 2-15-23,7 1 I ax: (550) _21> ?-1 I I Fnmil: debbie.skelton iNep.state.tl.us 16C 2 MEMORANDUM Date: September 15, 2010 To: Bala Sridhar Sr. Mgt. & Budget Analyst Public Utilities From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment to SRF Loan Agreement DW111020 Enclosed please find three (3) originals of the document, as referenced above, (Agenda Item #16C2), adopted by the Board of County Commissioners on Tuesday, September 14, 2010. Please return a fully executed original back to the Minutes & Records Department once all signatures have been received. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure e Volm 401 FLOR A 16G 2 Florida Department of Environmental Protection 2"!'1' Bob Martinez Center 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399 -2400 Scc; �tar� FED EX - DELIVERY CONFIRMATION REQUIRED Mr. Thomas G. Wides Operations Director Collier County 3301 East Tamiami Trail, 3rd Floor, Building H ° Naples, Florida 34112 co _ } Re: DW1111 020 - Collier County ^a - (Construction of reliability improvement wells 18N 19N and 20N) - -+ N - y X" Dear Mr. Wides: Enclosed is one original of Amendment 2 to your loan agreement under the State Revolving Fund program. The amendment is now in effect. No further amendments are anticipated. Please note that this amendment requires a separate project- specific audit to be submitted to the Department within one year of the amendment's effective date. The audit should be sent to Cindy Bonds at the above address, Mail Station 3505. We congratulate you and your staff on the completion of your project and are pleased that we could work with you. Sincerely, r Phil Coram, P.E., Deputy Director Division of Water Resource Management PC/ lb Enclosures cc: Mark A. Brewer - Angie Brewer & Associates, L.C. 16C 2 DRINKING WATER STATE REVOLVING FUND AMENDMENT 2 TO LOAN AGREEMENT DW1111020 COLLIER COUNTY This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and COLLIER COUNTY, FLORIDA, (Project Sponsor) existing as a local government agency under the laws of the State of Florida. WITNESSETH: WHEREAS, the Department and the Project Sponsor entered into a Drinking Water State Revolving Fund Loan Agreement, Number DW1111 020, as amended, authorizing a Loan amount of $6,895,722, excluding Capitalized Interest; and WHEREAS, the Loan amount and Project costs need adjustment to reflect actual costs; and WHEREAS, the Semiannual Loan Payment amount needs revision to reflect adjustment of the Loan amount and account for payments made to date. WHEREAS, revised provisions for audit and monitoring along with related changes to the Project schedule are needed. NOW, THEREFORE, the parties hereto agree as follows: 1. The Loan amount is hereby reduced by $1,334,909, and the adjusted total disbursed Loan amount is $5,560,813. 2. The Loan Service Fee is $137,914.00, and capitalized Loan Service Fee interest is $3,290.96. 3. The unpaid principal balance of the Loan is $4,940,806.60 at an interest rate of 2.75 percent per annum, which amount accounts for the Department's receipt of five Semiannual Loan Payments. 4. The Semiannual Loan Payment amount, adjusted to account for repayments received to date, is hereby revised and shall be in the amount of $178,797.97. Such payments shall be received by the Department on October 15, 2010 and semiannually thereafter on April 15 and October 15 of each year until all amounts due hereunder have been fully paid. 5. Section 2.03 of the Agreement, as amended, is deleted and replaced as follows: (1) The financial assistance authorized pursuant to this Loan Agreement consists of the following: Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist of the Following: 16C 2 Federal State Program Federal CFDA Funding Appropriation Number Agency Number CFDA Title Amount Category FS984522 -060 EPA 66.468 Capitalization Grants $5,560,813 140129 for Drinking Water State Revolving Fund (2) Audits. (a) In the event that the Local Government expends $500,000 or more in Federal awards in its fiscal year, the Local Government must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Subsection 2.03(1) of this Agreement indicates that Federal funds are awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Local Government 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 Local Government conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. (b) In connection with the audit requirements addressed in the preceding paragraph (a), the Local Government shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. (c) If the Local Government 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. The Local Government shall inform the Department of findings and recommendations pertaining to the State Revolving Fund in audits conducted by the Local Government in which the $500,000 threshold has not been met. In the event that the Local Government expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from Local Government resources obtained from other than Federal entities). (d) The Local Government may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov /index ?cck= 1 &au = &ck =. (3) Report Submission. (a) Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Local Government directly to each of the following: (i) The Department at the following address: 16C Z Joe Aita, Audit Director Office of the Inspector General Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS 41 Tallahassee, Florida 32399 -3123 (ii) 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 101h Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at ht!p:/ /harvester.census.gov /fac/ (iii) Other Federal agencies and pass- through entities in accordance with Sections .320(e) and (f), OMB Circular A -133, as revised. (b) Pursuant to Section .320(f), OMB Circular A -133, as revised, the Local Government 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 at the address listed under Subsection 2.03(3)(a) of this Agreement. (c) Any reports, management letters, or other information required to be submitted to the Department 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. (d) Local Governments, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133, 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 Local Government in correspondence accompanying the reporting package. (4) Project - Specific Audit. Within 12 months after the amendment establishing final Project costs, the Local Government shall submit to the Department a Project - specific audit report for the Loan related revenues and expenditures. The audit shall address Loan disbursements received, Project expenditures, and compliance with Loan Agreement covenants. The Local Government shall cause the auditor to notify the Department immediately if anything comes to the auditor's attention during the examination of records that would constitute a default under the Loan Agreement. The audit findings shall set aside or question any costs that are unallowable under 16C 2 Chapter 62 -503, Florida Administrative Code. A final determination of whether such costs are allowed shall be made by the Department. (5) Record Retention. The Local Government shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Local Government shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. The Local Government 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. For federal financial assistance, the Local Government 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. The Local Government should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. In addition, the Local Government agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment A, attached hereto and made a part hereof, within four (4) months following the end of the Local Government's fiscal year. Attachment A should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399 -3000. The Grants Development and Review Manager is available to answer any questions at (850) 245 -2361. (6) Monitoring. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised (see audit requirements above), 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 Local Government agrees to comply and cooperate with any monitoring procedures/ processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Local Government is appropriate, the Local Government agrees to comply with any additional instructions provided by the Department to the Local Government regarding such audit. The Local Government further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. 6. The closeout audit required under Subsection 2.03(4) of the Agreement shall be submitted within twelve months after the effective date of this amendment. 4 16C 7. The Project Sponsor and the Department acknowledge that changes in Project costs may occur as a result of the Project Sponsor's Project audit or a Department audit pursuant to Chapter 62 -552 of the Florida Administrative Code. Unless this Agreement is amended subsequent to an audit, the following Project disbursements shall be final. CATEGORY DISBURSED($) Administrative Allowance 38,668.00 Engineering Allowance Construction and Demolition Technical Services During Construction SUBTOTAL Capitalized Interest TOTAL (Loan Principal Amount) 412,454.00 4,811,150.00 298,541.00 5,560,813.00 64,732.83 5,625,545.83 8. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 16C 2 This Amendment 2 to Loan Agreement DW1111 020 shall be executed in three or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Deputy Director, and the Project Sponsor has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this amendment shall be as set forth below by the Deputy Director. for COLLIER COUNTY Fred W. Coyle, Cha' man 1 Attesf Approved as to Form and Correctness. for Jennifer VWhite, Asst. County Attorney STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SEP 2.3 201 Deputy Director Date Attachment included as part of this Agreement: Attachment A - Certification of Applicability to Single Audit Act Reporting Gol 16C 2 ATTACHMENT A CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Local Government's Name: Local Government's Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Local Government's most recently completed Fiscal Year: $ Total Federal Financial Assistance Expended during Local Government's most recently completed Fiscal Year: $ Please identify grants to be included in the Single Audit that are provided by the Department of Environmental Protection CSFA #CFDA# DEP LOAN AGREEMENT NUMBER CERTIFICATION STATEMENT: I hereby certify that the above information is correct: Name Title DEP Project Agreement No. xxxx, Attachment A, Page 1 of I Date 16C 2 CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax number is 850/245 -2411. 2. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the information in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. 3. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal loans or grants that you receive. You should list those that are specific to DEP on the form. 4. Question: How do I know what the CSFA/CFDA Number is? Answer: These numbers should be identified in the loan or grant agreement. If you cannot locate them you should call your DEP Project manager and ask them for the needed information. If it is a grant funded by DEP, you may contact Debbie Skelton, DEP Grants Development and Review Manager at (850) 245 -2371. 5. Question: Do I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine. 6. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certificatiog. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2 " d notice. INSTRUCTIONS FOR COMPLETING THE ATTACHMENT 16C Local Government Fiscal Year Period: FROM: Month/Year TO: Month/Year NOTE: THIS SHOULD BE THE LOCAL GOVERNMENT'S FISCAL YEAR FROM (MONTH/YEAR) TO (MONTH/YEAR). Total State Financial Assistance Expended during Local Government's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP. Total Federal Financial Assistance Expended during Local Government's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. Please identify loans and /or grants to be included in the Single Audit that are provided by the Department of Environmental Protection. CSFA/CFDA Number DEP Grant Agreement Number THIS INFORMATION SHOULD ONLY BE THOSE LOANS OR GRANTS RECEIVED FROM/THROUGH THE DEP. THE INFORMATION REQUESTED (CSFA/CFDA# SHOULD BE FOUND IN THE SINGLE AUDIT ATTACHMENT TO THE AGREEMENT AND THE DEP AGREEMENT NUMBER SHOULD BE FOUND ON THE AGREEMENT.) The Certification should be signed by your Chief Financial Officer. Please print the name and include the title and date of the signature. The form is to be returned to me, not the DEP Project Manager. If I don't get the form four (4) months after the end of the Local Government's fiscal year, I will send them a letter, along with the form and instructions, six (6) months after the end of their fiscal year to complete and return to me. Don't hesitate to give me a call if you have any questions. Debbie Skelton, OMC Manager Grants Development and Review Section Carr Building, Roorn 2356 3900 Commonwealth Boulevard, MS-493 Tallahassee, Florida 32399 -3000 Phone: (850) 245 -2371 Fax: (850) 245-2411 Email: debbie.skeltonAdep.state.fl.us