2016-94 Contract#28473
Amendment#1
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF CLERMONT
FOR LOWER FLORIDAN AQUIFER EXPLORATORY AND WATER SUPPLY DEVELOPMENT
SUNBURST WELL NUMBERS 1&2 PROJECT
THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST.JOHNS RIVER
WATER MANAGEMENT DISTRICT("District"),whose mailing address is 4049 Reid Street, Palatka, Florida 32177,
and CITY OF CLERMONT("Recipient"),whose address is 685 West Montrose Street,Clermont,Florida 34711,and
is effective on the date the last party has executed same.
PREMISES:
The parties entered into Agreement No.28473 on December 21,2015,to provide funding for the
Recipient's Lower Floridan Aquifer Exploratory and Water Supply Development,Sunburst Well Numbers 1&2
Project("Agreement").
The parties desire to amend the Agreement.
NOW,THEREFORE, in consideration of the above premises,which are hereby made a part of this
amendment,the mutual covenants contained herein,and other good and valuable consideration,the parties
hereby agree to amend the Agreement as follows:
1. Paragraph 5(d),PAYMENT OF INVOICES,is hereby deleted in its entirety and replaced with the following:
(d) All invoices shall include the following information: (1) District contract number;(2) Recipient's
name,address,and authorization to directly deposit payment into Recipient's account(if
Recipient has not yet provided the District with a completed Direct Deposit Authorization
form; (3)Recipient's invoice number and date of invoice;(4)District Project Manager; (5)
Recipient's Project Manager; (6)supporting documentation as to cost and/or Project
completion(as per the cost schedule and other requirements of the Statement of Work), in
addition,see Attachment D, "CONTRACT PAYMENT REQUIREMENTS FOR STATE FUNDED COST
REIMBURSEMENT CONTRACTS";(7) Progress Report(if required);(8) Diversity Report(if
otherwise required herein). Invoices that do not correspond with this paragraph shall be
returned without action within twenty(20) business days of receipt,stating the basis for
rejection. Payments shall be made within forty-five(45)days of receipt of an approved invoice.
2. Paragraph 25 FLORIDA SINGLE AUDIT ACT,is hereby added to this Agreement as follows:
(a) Applicability.The Florida Single Audit Act(FSAA),section 215.97, Fla.Stat.,applies to all sub-
recipients of state financial assistance, as defined in section 215.97(1)(q), Fla. Stat.,awarded
by the District through a project or program that is funded, in whole or in part,through state
financial assistance to the District. In the event Recipient expends a total amount of state
financial assistance equal to or in excess of$500,000 in any fiscal year of such Recipient,
Recipient must have a state single or project-specific audit for such fiscal year in accordance
with section 215.97, Fla.Stat.;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. In determining the state financial assistance
expended in its fiscal year,Recipient shall consider all sources of state financial assistance,
Page 1 of 4
Contract#28473
Amendment#1
including state financial assistance received from the District,other state agencies, and other
non-state entities. State financial assistance does not include Federal direct or pass-through
awards and resources received by a non-state entity for Federal program matching
requirements. Recipient is solely responsible for complying with the FSAA.
If Recipient expends less than$500,000 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of section 215.97, Fla.Stat., is not required. In
such event,should Recipient elect to have an audit conducted in accordance with section
215.97, Fla.Stat.,the cost of the audit must be paid from the non-state entity's resources(i.e.,
Recipient's resources obtained from other than State entities).
(b) Program Information This Agreement involves the disbursement of state funding by the FDEP
in the amount of$990,000. Funding is provided under the State of Florida Water Protection
and Sustainability Program.The Florida Catalog of Financial Assistance (CSFA) number for this
program is CFSA No. 37.066.The District is providing a funding match of$990,000.
(c) Additional Information. For information regarding the state program under the above CSFA
number, Recipient should access the Florida Single Audit Act website located at
https://apps.fldfs.com/fsaa/catalog.aspx for assistance.The following websites may be
accessed for additional information:Legislature's Website at http://www.leg.state.fl.us/,State
of Florida's website at http://mvflorida.com, District of Financial Services'Website at
http://www.fldfs.com/and the Auditor General's Website at
http://www.mvflorida.com/audgen/.
(d) Allowable Costs. Recipient may only charge allowable costs to this Agreement,as otherwise
provided herein.Any balance of unobligated cash that have been advanced or paid that is not
authorized to be retained for direct program costs in a subsequent period must be returned to
the District.
(e) Audit Requirements.Recipient shall ensure that the audit complies with the requirements of
section 215.97(7), Fla.Stat.This includes submission of a financial reporting package as
defined by section 215.97(2), Fla.Stat.,and Chapters 10.550(local governmental entities)or
10.650(nonprofit and for-profit organizations), Rules of the Auditor General. Recipient shall
comply with the program requirements described in the Florida Catalog of State Financial
Assistance(CSFA) [https://apps.fldfs.com/fsaa/catalog.aspx].The services/purposes for which
the funds are to be used are included in the Statement of Work.
(f) Financial Reporting. Recipient shall provide the District with a copy of any reports,
management letters,or other information required to be submitted in accordance with
Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General,as applicable, no more than 20 days after its
preparation. Recipient shall indicate the date the reporting package was delivered to Recipient
in correspondence accompanying the reporting package.This information shall be directed to:
St.Johns River Water Management District, Mr.Greg Rockwell, Finance Director,Office of
Financial Services,4049 Reid Street, Palatka, FL 32177.A copy of the report shall also be
provided to 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.
Page 2 of 4
Contract#28473
Amendment#1
(g) Monitoring. In addition to reviews of audits conducted in accordance with section 215.97, Fla.
Stat.,as revised,monitoring procedures may include, but not be limited to,on-site visits by
District staff, limited scope audits,and/or other procedures. Recipient agrees to comply and
cooperate with any monitoring procedures/processes deemed appropriate by the District. In
the event the District determines that a limited scope audit of Recipient is appropriate,
Recipient agrees to comply with any additional instructions provided by the District to
Recipient regarding such audit. Recipient agrees to comply and cooperate with any
inspections, reviews, investigations,or audits deemed necessary by the District's Inspector
General or the state Chief Financial Officer or Auditor General.
(h) Examination of Records. In addition to the District's audit rights otherwise provided for
herein, Recipient shall permit the District or its designated agent,the state awarding agency,
the Department of Financial Services,the state's Chief Financial Officer and the state's Auditor
General to examine Recipient's financial and non-financial records to the extent necessary to
monitor Recipient's use of state financial assistance and to determine whether timely and
appropriate corrective actions have been taken with respect to audit findings and
recommendations,which may include onsite visits and limited scope audits.
(i) Records Retention. Notwithstanding any other provision of this Agreement to the contrary,
Recipient shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five(5)years from the date the audit report is issued,and shall
allow the District,or its designee,state Chief Financial Officer,or Auditor General access to
such records upon request. Recipient shall ensure that audit working papers are made
available for such access for a period of three years from the date the audit report is issued,
unless extended in writing by the District.
3. All other terms and conditions of the Agreement,including any subsequent amendments,are hereby
ratified and continue in full force and effect.
IN WITNESS WHEREOF,the parties hereto have duly executed this amendment on the date set forth
below.
ST.JOHNS RIVER WATER CITY OF CLERMONT
MANAGEMENT DISTRICT
By: I / Ii All I By: .--**4--C.Z. 4.-2, (2,..4_
Ann =Sl -, Ph I.,Executive Director
(o esigne , t fe . re/vac/10 s
Typed &ft-
Name and Title
Date: it -16--lb Date: r/ei'k It A0/4
1
ATTACHMENTS
Attachment D—Contract Payment Requirements for State-Funded Cost Reimbursement Contracts
Page 3 of 4
Contract#28473
Amendment#1
ATTACHMENT D
CONTRACT PAYMENT REQUIREMENTS FOR
STATE-FUNDED COST REIMBURSEMENT CONTRACTS
Invoices for state-funded cost reimbursement contracts must be supported by an itemized listing of
expenditures by category(salary,travel,expenses,etc.). Supporting documentation must be provided for each
amount for which reimbursement is being claimed, indicating that the item has been paid. Check numbers
may be provided in lieu of copies of actual checks. Each piece of documentation shall clearly reflect the dates
of service. Only expenditures for categories in the approved contract budget will be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements by cost
category:
Salaries: Submit a payroll register or similar documentation showing gross salary charges,fringe benefits,
other deductions,and net pay. If an individual is paid by the hour,a document reflecting the hours worked
times the rate of pay is acceptable.
Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the
employee(e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage, rather than the actual cost of fringe benefits,then the calculation for the fringe
benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
Travel: Reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which
includes submission of the claim on the approved State of Florida (State)or District travel voucher.
Other direct costs: Reimbursement is based upon paid invoices/receipts. If nonexpendable property is
purchased using State funds,the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department
of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for
contracts which include services and that provide for the contractor to purchase tangible personal property as
defined in section 273.02, Florida Statutes,for subsequent transfer to the State.
In-house charges: Charges which may be of an internal nature(e.g., postage,copies,etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be reasonable.
Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown.
The"Reference Guide for State Expenditures" prepared by the Florida Department of Financial Services can be
found at this web address: http://www.fldfs.com/aadir/reference guide.htm
Page 4 of 4