HomeMy WebLinkAbout2006 07 24 Consent 400 Trotwood Park
COMMISSION AGENDA
ITEM 400
Consent X
July 24, 2006
Regular Meeting
Mgr. / Dept.
Authorization
REQUEST: The Parks and Recreation Department is requesting the City Commission to
authorize the City Manager and City Attorney to execute the Florida Department
of Environmental Protection, Florida Recreation Development Assistance
Program Project Grant Agreement for Trotwood Park.
PURPOSE: The purpose of this item is to obtain City Commission approval to execute
the agreements necessary to receive $200,000.00 from the State of Florida
for improvements made to Trotwood Park.
CONSIDERATIONS:
. On August 22, 2005, the City Commission approved the submission of a Florida
Recreational Development Assistance Program Grant to the State of Florida, Department
of Environmental Protection.
. On January 20, 2006, staff received the project priority list (ranking) of all grant
applications.
. The City of Winter Springs has been recommended for $ 200,000.00 in a grant for
Trotwood Park.
. The project includes a Splash Playground, Picnic Pavilion, Four (4) new Tennis Courts,
Sand Volleyball Court, Small Bike Trail, Basketball Court Renovations, Resurface and
Shade Structures for Tot and Youth Playgrounds. Interior Restroom Renovations, and
Paved Access Road and Additional Paved Parking.
. Staff will erect a permanent information sign at Trotwood Park, which credits a portion of
the funding from DEP and FRDAP.
. Staff will file in the County Courthouse with the deed to the property the Notification of
Limitation of Use/Site Dedication Form, Project Agreement and Project Boundary Map.
Trotwood Park shall be dedicated in perpetuity as an outdoor recreation area for the use
and benefit of the General Public.
. Including this grant, the City will have received Eight (8) FRDAP Grants for a total of
$ 1,550,000.00 in FRDAP Grants over a Six (6) year period.
FUNDING:
The Winter Springs 50/50 match will come from budgeted construction funding (Park Impact
Fees & General Fund 001).
RECOMMENDATIONS:
Staff is recommending approval to authorize the City Manager and City Attorney to execute the
Florida Department of Environmental Protection, Florida Recreation Development Assistance
Program Grant Agreement for Improvements to Trotwood Park.
IMPLEMENTATION SCHEDULE:
August, 2006
September, 2007
October, 2007
Execution of project agreement.
Completion of project.
$ 200,000.00 funding received by the City of Winter Springs.
ATTACHMENTS:
Attachment # 1 Award Letter.
Attachment #2 Florida Department of Environmental Protection, Florida Recreation
Development Assistance Program Project Grant Agreement.
COMMISSION ACTION:
ATTACHMENT #1
Department of
Environmental Protection
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Colleen M. Castille
Secretary
July I, 2006
Mr. Chuck Pula
Parks & Recreation Director
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Trotwood Park
FRDAP Project No. F07047
Dear Mr. Pula:
Congratulations, we are pleased to inform you that the Florida Legislature has funded the 2006-2007
Florida Recreation Development Assistance Program (FRDAP) priority list at $30,281,567. The project
has been approved for $200,000.00 which is a grant for Trotwood Park.
To assist you in getting started we have enclosed all the forms necessary for the accomplishment of this
grant. Please keep the folder for your reference.
Grant Agreement
The grant agreement has been prepared in accordance with your grant application. It is important that you
review the agreement to ensure that information specific to your project is accurate. The agreements
must be signed and both original copies must be returned to our office on or before September 8, 2006.
Our staff will return one original copy of the agreement when formally executed by the Department.
This project must be completed by April 30, 2009; there will be no extension to the completion date.
If the project is not complete within the three years from the start of the fiscal year in which funds were
appropriated, the agreement shall be terminated and the project funds shall be reverted to the revenue
fund from which they were appropriated. If the proposed project cannot be constructed within the
specified time frame, please submit a letter declining the grant within thirty days from the date of this
letter.
Administrative Documents
1. Commencement Documents: The construction or acquisition cannot begin until all
commencement documentation have been received and approved by this Office. We ask
that you complete the documents enclosed and return to our office on or before
September 8, 2006.
2. Status Report Forms
3. Reimbursement Request Forms
4. Completion Documentation: The Completion Documentation must be received in
this office, by April 30, 2009.
OVER
Printed on recycled paper
Mr. Chuck Pula
July 1,2006
Page 2
Grants Implementation Workshops
The grants implementation workshops are held to give an overview of the program requirements and to
address any questions regarding the administration of the project, from the commencement to the
completion of the project. The workshops are scheduled for July 25, 2006 in Tallahassee at the Carr
Building Conference Room 170 and at the Kissimmee Civic Center on August 2, 2006. Attendance is
not mandatory, but if you have not previously attended, we strongly encourage your participation.
The workshops are free. No refreshments are served. The workshops are held from 9:00 a.m. until noon.
Driving instructions are enclosed.
Ceremonial Check
A ceremonial check for your project is enclosed. We know you are proud ofthis project and may wish to
schedule presentations, groundbreakings, site dedications, or other appropriate ceremonies to make
others aware of this achievement. We encourage a joint event with your legislative delegation and local
elected officials. Your legislative delegation has been notified that your project was funded and that the
ceremonial check was sent to you. A sample of the letter sent to legislators is enclosed.
If you have any questions, please contact our office at (850) 245-2501. We look forward to working with
you on this project.
Sincerely,
Tamika Ardley
Community Assistance Consultant
Office of Information and Recreation Services
Division of Recreation and Parks
Mail Station #585
Enclosures
cc: Mike Bullock, Director
Florida Park Service
ATTACHMENT #2
DEP Agreement No. F7047
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2006-07) - Development
This Agreement is made and entered into this day of
2006, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the City
of Winter Springs, hereinafter called the GRANTEE, a local government, in furtherance
of an approved public outdoor recreation project. In consideration of the mutual
covenants contained herein and pursuant to section 375.075, Florida Statutes, and
chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 620-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Trotwood Park (Florida Recreation
Development Assistance Program, FRDAP Project Number F07047), hereinafter
called the PROJECT, and enters into this PROJECT AGREEMENT with the
GRANTEE for the development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms hereinafter referenced may be found at
www.dep.state.fl.us/parks/ airs. Further, the GRANTEE will also
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
DEP Agreement No. F7047, Page 1 of 10
DEP 55-231 (01/05)
4. The GRANTEE shall construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS which may be modified by the DEPARTMENT if
GRANTEE shows good cause: Splash playground, tennis courts, picnic pavilion,
volleyball court, bike trail, parking, renovate tennis courts, basketball courts,
playground, parking, restroom, and other related support facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/In-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D-
5.058(6)(g), the DEPARTMENT will approve the request for payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines),
as appropriate. When requested, this information must be provided within 30
calendar days of the date of such request. The GRANTEE may also be required
to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http://www.dbf.state.fl.us/aadir/reference guide.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if
fully set forth herein. All purchases of goods and services for accomplishment of
the PROJECT shall be secured in accordance with the GRANTEE's procurement
procedures. Expenses representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT and summarized
on certification forms provided in the PROCEDURE. The DEPARTMENT and
GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP
funds disbursed for the PROJECT. The parties further agree that the principles
DEP Agreement No. F7047, Page 2 of 10
DEP 55-231 (01/05)
for determining the eligible costs, supporting documentation and minimum
reporting requirements of the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The GRANTEE
understands that this Agreement is not a commitment of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 620-5.055(9) of
the RULE. The DEPARTMENT and the GRANTEE fully understand and agree
that there shall be no reimbursement of PROJECT funds by the DEPARTMENT
for any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE.
DEP Agreement No. F7047, Page 3 of 10
DEP 55-231 (01/05)
16. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or
before April 30, 2009 (hereinafter referred to as the PROJECT
completio date), at which time all payment requests and completion
documentation will be due to the DEPARTMENT. The GRANTEE understands
that the funds supporting this Agreement are subject to certification forward
approval by the Governor's Office on June 30th each year. The GRANTEE
understands and agrees that if the Governor's Office does not approve the
DEPARTMENT's request to certify the funds forward, the GRANTEE will not be
eligible for reimbursement after the Governor's Office denies the certification
forward.
17. Project completion means the project is open and available for use by the public.
Project must be designated complete prior to release of final reimbursement.
See Rule 620-5.054(41).
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245-2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT.
DEP Agreement No. F7047, Page 4 of 10
DEP 55-231 (01/05)
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability
except as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
23. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 25, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
25. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by United States Postal Service to the parties at the
following addresses:
GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Mr. Chuck Pula
Parks & Recreation Director
1126 East State Road 434
Winter Springs, FL 32708
A. Diane Langston
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
DEP Agreement No. F7047, Page 5 of 10
DEP 55-231 (01/05)
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
28. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
under Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for noncompliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required and
continues to accrue until the date the refund and interest are paid to the
DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The GRANTEE may subcontract work under this Agreement without the prior
written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees
to be responsible for the fulfillment of all work elements included in any
subcontract. It is understood and agreed by the GRANTEE that the
DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
32. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 620-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE,
DEP Agreement No. F7047, Page 6 of 10
DEP 55-231 (01/05)
such as by lease, shall be dedicated as an outdoor recreation area for the use
and benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and shall result in the imposition of
the terms in Paragraph 29.
34. In the event of conflict in the provIsions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE
a notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
29, if appropriate.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
37. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is
DEP Agreement No. F7047, Page 7 of 10
DEP 55-231 (01/05)
responsible for maintaining the discriminatory vendor list which may be
fou nd at
http://dms.myflorida.com/dms/purchasing/convicted suspended discriminatory complaints vendor lists.
Questions regarding the discriminatory
vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at (850) 487-0915.
38. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39. The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
GRANTEE knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts issued as a result of
this Agreement.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
DEP Agreement No. F7047, Page 8 of 10
DEP 55-231 (01/05)
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7047, Page 9 of 10
DEP 55-231 (01/05)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
City of Winter Springs
-- NO --
By:
Division Director (or Designee)
Division of Recreation and Parks
By:
Printed Name:
Title:
-- NO --
Date
Date
Address:
Office of Information and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
1126 East State Road 434
Winter Springs, FL 32708
DEP Grantee Attorney
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 25, 2006 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment 1 Special Audit Requirements (5 Paqes)
DEP Agreement No. F7047, Page 10 of 10
DEP 55-231 (01/05)
ATTACHMENT 1
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-133 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 government 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-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal 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 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 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.htrnl.
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DEP Agreement No.F7047, Attachment 1, Page 1 of 5
DEP 55-215 (09/04)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 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 215.97(2)(d), 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 $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
in State [mancial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30,
2004) 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 (i.e., 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 (CSFA), a recipient should
access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget web site located at
http://www.myflorida.com/myflorida/government/contacts/opbOffice.html for assistance. In addition to the
above websites, the following web sites may be accessed for information: Legislature's Website
http://www.leg.state.fl.us/, Governor's Web site http://www.mvflorida.com/, Department of Financial
Services' Web site http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
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(7)(m), 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 ofreporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement 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 ofthe following:
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DEP Agreement No. F7047, Attachment 1, Page 2 of 5
DEP 55-215 (09/04)
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)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-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 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 offmancial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at 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
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement 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
DEP Agreement No. F7047, Attachment 1, Page 3 of 5
DEP 55-215 (09/04)
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 ofthe 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-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 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.
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DEP Agreement No. F7047, Attachment 1, Page 4 of 5
DEP 55-215 (09/04)
EXHIBIT 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING MATCHING RESOURCES FOR FEDERAL PROGRAMS:
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING RESOURCES SUBJECT TO SECTION 215.97 F.S.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-6599
Fax: (407) 327-4763
Parks & Recreation Dept.
August 2, 2006
Community Assistance Consultant
Department of Environmental Protection
Marjorie Stoneman Douglas Building
3900 Commonwealth Blvd. MS #585
Tallahassee, Fl. 32399-3000
Re: Trotwood Park, FRDAP Project No. F7047
Attached are the Two (2) Original Agreements signed by the City of Winter Springs.
Please return One (1) Original fully Executed Agreement to me.
Recreationally yours,
~e
Chuck Pula,
Parks and Recreation Director
City of Winter Springs
Cc: Andrea Lorenzo-Luaces, City Clerk
DEP Agreement No. F7047
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2006-07) - Development
This Agreement is made and entered into this day of
2006, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the City
of Winter Springs, hereinafter called the GRANTEE, a local government, in furtherance
of an approved public outdoor recreation project. In consideration of the mutual
covenants contained herein and pursuant to section 375.075, Florida Statutes, and
chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 620-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Trotwood Park (Florida Recreation
Development Assistance Program, FRDAP Project Number F07047), hereinafter
called the PROJECT, and enters into this PROJECT AGREEMENT with the
GRANTEE for the development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance F'rogram Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms hereinafter referenced may be found at
www.dep.state.fl.us/parks/airs. Further, the GRANTEE will also'
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
DEP Agreement No. F7047, Page 1 of 10
DEP 55-231 (01/05)
4. The GRANTEE shall construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS which may be modified by the DEPARTMENT if
GRANTEE shows good cause: Splash playground, tennis courts, picnic pavilion,
volleyball court, bike trail, parking, renovate tennis courts, basketball courts,
playground, parking, restroom, and other related support facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/ln-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 620-
5.058(6)(g), the DEPARTMENT will approve the request for payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines),
as appropriate. When requested, this information must be provided within 30
calendar days of the date of such request. The GRANTEE may also be required
to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http://www.dbf.state.fl.us/aadir/reference guide.
8. 'The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if
fully set forth herein. All purchases of goods and services for accomplishment of
the PROJECT shall be secured in accordance with the GRANTEE's procurement
procedures. Expenses representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT and summarized
on certification forms provided in the PROCEDURE. The DEPARTMENT and
GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP
funds disbursed for the PROJECT. The parties further agree that the principles
DEP Agreement No. F7047, Page 2 of 10
DEP 55-231 (01/05)
for determining the eligible costs, supporting documentation and minimum
reporting requirements of the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The GRANTEE
understands that this Agreement is not a commitment of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 620-5.055(9) of
the RULE. The DEPARTMENT and the GRANTEE fully understand and agree
that there shall be no reimbursement of PROJECT funds by the DEPARTMENT
for any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE.
DEP Agreement No. F7047, Page 3 of 10
DEP 55-231 (01/05)
16. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE" sha!! complete construction' of all PROJECT ELEMENTS on or
before ~.;.f ,SO, ).OOcr (hereinafter referred to as the PROJECT
completio. date), ~t which time all payment requests and completion
documentation will be due to the DEPARTMENT. The GRANTEE understands
that the funds supporting this Agreement are subject to certification forward
approval by the Governor's Office on June 30th each year. The GRANTEE
understands and agrees that if the Governor's Office does not approve the
DEPARTMENT's request to certify the funds forward, the GRANTEE will not be
eligible for reimbursement after the Governor's Office denies the certification
forward.
17. Project completion means the project is open and available for use by the public.
Project must be designated complete prior to release of final reimbursement.
See Rule 620-5.054(41).
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245-2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT.
DEP Agreement No. F7047, Page 4 of 10
DEP 55-231 (01/05)
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability
except as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
23. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 25, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
25. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by United States Postal Service to the parties at the
following addresses:
GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Mr. Chuck Pula
Parks & Recreation Director
1126 East State Road 434
Winter Springs, FL 32708
A. Diane Langston
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
DEP Agreement No. F7047, Page 5 of 10
DEP 55-231 (01/05)
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
28. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
under Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for noncompliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required and
continues to accrue until the date the refund and interest are paid to the
DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The GRANTEE may subcontract work under this Agreement without the prior
written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees
to be responsible for the fulfillment of all work elements included in any
subcontract. It is understood and agreed by the GRANTEE that the
DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
32. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 620-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE,
DEP Agreement No. F7047, Page 6 of 10
DEP 55-231 (01/05)
such as by lease, shall be dedicated as an outdoor recreation area for the use
and benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and shall result in the imposition of
the terms in Paragraph 29.
34. In the event of conflict in the provIsions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE
a notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
29, if appropriate.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
37. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
8. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is
DEP Agreement No. F7047, Page 7 of 10
DEP 55-231 (01/05)
responsible for maintaining the discriminatory vendor list which may be
found at
http://dms.mvflorida.com/d ms/pu rchasinq/convicted suspended discrimin
atorv complaints vendor lists. Questions regarding the discriminatory
vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at (850) 487-0915.
38. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39. The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
GRANTEE knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts issued as a result of
this Agreement.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
. shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
DEP Agreement No. F7047, Page 8 of 10
DEP 55-231 (01/05)
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
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DEP Agreement No. F7047, Page 9 of 10
DEP 55-231 (01/05)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
City of Winter Springs
-/\J() '--____
By:~7.M4
Printe Name:
Title:
By:
Division Director (or Designee)
Division of Recreation and Parks
-~ ,..,'\)0 _..-
Date
Date
Address:
Office of I nformation and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
1126 East State Road 434
Winter Springs, FL 32708
Grantee Attorney
d~~~
DEP Grant Manager tY
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 25, 2006 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment
1 Special Audit Requirements (5 Paqes)
DEP Agreement No. F7047, Page 10 of 10
DEP 55-231 (01/05)
ATTACHMENT 1
SPECIAL AUDIT REQlliREMENTS
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-l33 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 defmed by OMB Circular A-l33, 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 government or a non-profit organization as defmed in OMB
Circular A-l33, 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-l33, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal 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-l33, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-l33, 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-l33, 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-l33, 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 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 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.F7047, Attachment 1, Page 1 of 5
DEP 55-215 (09/04)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State fmancial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the State fmancial assistance expended in its fiscal year, the recipient shall consider all sources of State
fmancial assistance, including State fmancial assistance received from the Department of Environmental
Protection, other state agencies, and other nons tate entities. State fmancial 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 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a fmancial reporting package as defmed by Section 215.97(2)(d), 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 $300,000 in State fmancial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
in State fmancial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30,
2004) 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 (i.e., 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 (CSFA), a recipient should
access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget website located at
http://www.myflorida.com/mvflorida/government/contacts/opbOffice.html 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/, Governor's Website http://www.myflorida.com/, Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: 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(7)(m), 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 Agreement 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:
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7047, Attachment 1, Page 2 of 5
DEP 55-215 (09/04)
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)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-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 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 Agreement 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
4. Copies of reports or management letters required by PART III of this Agreement 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
DEP Agreement No. F7047, Attachment 1, Page 3 of 5
DEP 55-215 (09/04)
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-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 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 Agreement No. F7047, Attachment 1, Page 4 of 5
DEP 55-215 (09/04)
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DEP Agreement No. F7047
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2006-07) - Development
This Agreement is made and entered into this ~ day of~
2006, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the City
of Winter Springs, hereinafter called the GRANTEE, a local government, in furtherance
of an approved public outdoor recreation project. In consideration of the mutual
covenants contained herein and pursuant to section 375.075, Florida Statutes, and
chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 620-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Trotwood Park (Florida Recreation Development
Assistance Program, FRDAP Project Number F07047), hereinafter called the
PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for
the development of that real property, the legal description of which shall be
submitted to the DEPARTMENT as described in the Florida Recreation
Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms hereinafter referenced may be found at
www.dep.state.fl.us/parks/airs. Further, the GRANTEE will also
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
DEP Agreement No. F7047, Page 1 of 10
DEP 55-231 (01/05)
4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor
recreation facilities and improvements consisting of the following PROJECT
ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows
good cause: Splash playground, tennis courts, picnic pavilion, volleyball court,
bike trail, parking, renovate tennis courts, basketball courts, playground, parking,
restroom, and other related support facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/In-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 620-
5.058(6)(g), the DEPARTMENT will approve the request for payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines),
as appropriate. When requested, this information must be provided within 30
calendar days of the date of such request. The GRANTEE may also be required
to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http://www.dbf.state.fl.us/aadir/reference guide.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if
fully set forth herein. All purchases of goods and services for accomplishment of
the PROJECT shall be secured in accordance with the GRANTEE's procurement
procedures. Expenses representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT and summarized
on certification forms provided in the PROCEDURE. The DEPARTMENT and
GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP
funds disbursed for the PROJECT. The parties further agree that the principles
DEP Agreement No. F7047, Page 2 of 10
DEP 55-231 (01/05)
for determining the eligible costs, supporting documentation and minimum
reporting requirements of the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The GRANTEE
understands that this Agreement is not a commitment of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 620-5.055(9) of
the RULE. The DEPARTMENT and the GRANTEE fully understand and agree
that there shall be no reimbursement of PROJECT funds by the DEPARTMENT
for any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, OEP Form FPS-A034, referenced in s. 620-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS-A037, referenced in s. 620-5.058(7)(d) of the RULE.
DEP Agreement No. F7047, Page 3 of 10
DEP 55-231 (01/05)
16. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or before
(hereinafter referred to as the PROJECT completion
date), at which time all payment requests and completion documentation will be
due to the DEPARTMENT. The GRANTEE understands that the funds
supporting this Agreement are subject to certification forward approval by the
Governor's Office on June 30th each year. The GRANTEE understands and
agrees that if the Governor's Office does not approve the DEPARTMENT's
request to certify the funds forward, the GRANTEE will not be eligible for
reimbursement after the Governor's Office denies the certification forward.
17. Project completion means the project is open and available for use by the public.
Project must be designated complete prior to release of final reimbursement. See
Rule 620-5.054(41).
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245-2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as being
due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the final
reimbursement due the DEPARTMENT.
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
DEP Agreement No. F7047, Page 4 of 10
DEP 55~231 (01/05)
appropriate fonns of insurance. The DEPARTMENT shall have no liability except
as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
23. The purchase of non-expendable equipment is not authorized under the tenns of
this Agreement.
24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 25, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other infonnation which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished shall
be submitted when the DEPARTMENT requests them.
25. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by United States Postal Service to the parties at the
following addresses:
GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Mr. Chuck Pula
Parks & Recreation Director
1126 East State Road 434
Winter Springs, FL 32708
A. Diane Langston
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
DEP Agreement No. F7047, Page 5 of 10
DEP 55-231 (01/05)
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
28. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
under Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for noncompliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required and
continues to accrue until the date the refund and interest are paid to the
DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The GRANTEE may subcontract work under this Agreement without the prior
written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees
to be responsible for the fulfillment of all work elements included in any
subcontract. It is understood and agreed by the GRANTEE that the
DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
32. land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the publiC as stated in section 620-5.059(1)
of the RULE. land under control other than by ownership of the GRANTEE, such
as by lease, shall be dedicated as an outdoor recreation area for the use and
DEP Agreement No. F7047, Page 6 of 10
DEP 55-231 (01/05)
benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and shall result in the imposition of
the terms in Paragraph 29.
34. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a
notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
29, if appropriate.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
37. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list which may be found at
DEP Agreement No. F7047, Page 7 of 10
DEP 55-231 (01/05)
http://dms.mvflorida.com/dms/purchasino/convicted suspended discrimin
atorv complaints vendor lists. Questions regarding the discriminatory
vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at (850) 487-0915.
38. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39. The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
GRANTEE knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. The GRANTEE shall be responsible
for including this provision in all subcontracts issued as a result of this
Agreement.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT. Any action hereon or in
connection herewith shall be brought in leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
DEP Agreement No. F7047, Page 8 of 10
DEP 55-231 (01/05)
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7047, Page 9 of 10
DEP 55-231 (01/05)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
City of Winter Springs
I 2- ~ $' -- 61
Date
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
1126 East State Road 434
~nterSprings,FL 32708
d.0~ ~
DEP Grant Manage(
~
Grantee Attorney
--
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 25, 2006 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment
...L-. Special Audit Reauirements (5 Paoes)
DEP Agreement No. F7047, Page 10 of 10
DEP 55-231 (01105)
.'
A'ITACHMENT 1
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-B3 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-I33, 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 government or a non-profit organization as defined in OMB
Circular A-133, as revised.
I. 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 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal 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-B3, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-B3,
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-I33, 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 ofOMB Circular A-I33, 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 of the 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/cfdalcfda.html.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.F7047, Attachment 1, Page 1 of 5
DEP 55-215 (09/04)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the
Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. EXHIBIT 1 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 1, 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 215.97(2)(d), 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 $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30,
2004) 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 (i.e., 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 http://state.fl.us/fsaalcatalog or the Governor's
Office of Policy and Budget website located at
http://www.myflorida.com/myfloridalgovemment/contacts/oobOffice.html for assistance. In addition to
the above websites, the following websites may be accessed for information: Legislature's Website
htto://www.leg.state.fl.us/. Governor's Website http://www.myflorida.com/. Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OrnER 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(7)(m), Florida
Statutes, State agencies may conduct or arrangefor 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-B3, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7047, Attachment I, Page 2 of 5
DEP 55-215 (09/04)
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){l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (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 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 Agreement 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
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement 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
DEP Agreement No. Fi047, Attachment 1, Page 3 of 5
DEP 55-215 (09/04)
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-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 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 Agreement No. F7047, Attachment 1, Page 4 of 5
DEP 55-215 (09/04)
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