HomeMy WebLinkAbout2004 01 26 Consent 203
C()MMISSION AGENDA
ITE]\f 203
Consent X
Informational
Public Hearing
Regular
January 26, 2004
Regular Meeting
fL/ ('~Q
Mgr. / Dept.
Authorization
REQUEST:
The Parks and Recreation Department is requesting the City Commission
to authorize the City Manager to execute the Florida Department of
Environmental Protection, Land & Water Conservation Fund Program,
Project Grant Agreement for the Acquisition of the Central Winds Park
Expansion Property (Wincey Property).
PURPOSE:
The: purpose of this item is to obtain City Commission approval to execute
the agreement necessary to receive $ 200,000.00 from the State of Florida
for the Acquisition of the Property for the Expansion of Central Winds
Park.
CONSIDERATIONS:
. On April 28, 2003 the Commission approved the submission of a Land and Water
Conservation Fund Program Grant to the State of Florida, Department of Environmental
Protection.
. On August 11,2003, the City Commission was informed ofDEP approval to award a
$ 200,000, Land and Water Conservation Fund Program Grant to the City of Winter
Springs.
. Staff will submit the proper completion documentation to the State.
. Staff will erect a permanent information sign on the expansion property, which credits a
portion of the funding from the Land and Water Conservation Fund through the USDOI
and DEP.
. 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.
Seven acres of the Central Winds Park Expansion Property shall be dedicated in
perpetuity as an outdoor recreation area for the use and benefit of the general public.
. This $ 200,000 grant was one of the funding sources used to acquire the Wincey Property.
FUNDING:
. None required (our match is the purchase price of the property).
RECOMMENDATIONS:
Staff is recommending approval to authorize the City Manager to execute the Florida Department
Of Environmental Protection, Land and Water Conservation Fund Program, Project Agreement
For Acquisition of the Central Winds Park Expansion Property (Wincey Property).
IMPLEMTATION SCH:EULE:
April, 2004
July, 2004
Sept., 2004
Execution ofproject agreement.
Completion of documentation submitted.
$ 200,000.00 funding received by the City of Winter Springs.
ATTACHMENTS:
Attachment # I
Florida Department of Environmental Protection, Land and Water
Conservation Fund Program, FY 2002-2003 Project Agreement
Acquisition.
COMMISSION ACTION:
ATTACHMENT #1
Department of
Environmental Protection
C>
~
~
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
January 6, 2004
David B. Struhs
SecretaI)'
Mr. Chuck Pula
Parks and Recreation Director
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Central Winds Park Expansion II
L WCF Project No, 12-004'70
Dear~~
Thank you for your letter accepting the Land and Water Conservation Fund Program (L WCF) grant. To assist you
in getting started, we have enclosed the grant agreement, commencement documents, and the L WCF Manual on
CD/Rom.
The Grant Agreement has been prepared in accordance with your application and acceptance letter. It is important
that you review the agreement to ensure that information specific to your project is accurate. Please execute and
return both original copies to our office on or before March 1,2004, One original copy will be returned to you
when formally executed by the Department.
Unless a Waiver of Retroactivity has been issued, or provisions are provided for in this agreement, the project may
not commence until all Commencement Documents have been received and approved by this bureau. We ask that
you complete and return these documents to our office by March 1, 2004.
Possession of the LWCF Manual is a requirement under the LWCF program, Please complete the LWCF Manual
certification form included in your Commencement Documents packet and return it to liS.
Thank you for your attention to this matter. If you have any questions, please contact us at
(850) 488-7896 or Suncom 278-7896.
~~
Collier Clark
Advisory Services Manager
Bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station #585
Enclosure
"More Protection, Less Process"
Printed on recycled paper,
12-00470
(L WCF Project Number)
LW470
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2002-2003
PROJECT AGREEMENT - ACQUISITION
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Department"), and the CITY OF WINTER SPRINGS, whose address is 1126 East
State Road 434, Winter SprinQs, FL, 32708 (hereinafter called the "Grantee"), a local
government, in furtherance of the Central Winds Park Expansion II project, an approved
outdoor recreation project.
WHEREAS, the Department receives funds for the purpose of passing through
the agency as grants to other entities in accordance with Section 375.021 (4), Florida
Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application number 373, which
has been approved by the Department.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall be effective upon execution of this Project
Agreement and end no later than one year from the date of execution, inclusive.
The Project Agreement shall be performed in accordance with Chapter 620-5,
Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and
Water Conservation Fund (L WCF) Act of 1965, Public Law 88-578, 78 Stat 897,
as amended, (Ilereinafter called the Act), and in accordance with general
provisions for SLlch agreements prescribed by the United States Department of
the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual,
(hereinafter called the Manual). The Manual refers to the federal code of
regulations (CFRs) applicable to this Agreement. The following table identifies
several of the key CFRs addressed in the Manual, but does not limit the Grantee
to compliance with only the CFRs identified in the table.
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DEP Agreement No, LW470, Page 1 of 12
DEP 55-238 (12/03)
CFR Cite Title
36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post-
Completion Compliance Responsibilities
36 CFR 800.8 Coordination With the National Environmental Policy Act
43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance
Programs
43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of
Interior
The Grantee a~}rees to become familiar with all provisions and comply with the
Rule, effective July 15, 2001, and Manual, which are incorporated into this
Project Agreement by reference, as if fully set forth herein. In the event,a dispute
should arise between the parties concerning the intent of. any language herein
contained, the same shall be resolved by the adoption of that meaning which
furthers the intent and purpose of the above referenced Act and the general
provisions governing this Project Agreement as set forth in the Manual. No
construction shall be contrary to the requirements of the Acts of Congress or of
the regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is the primary purpose
of the project known as Central Winds Park Expansion II (Land and Water
Conservation Fund, LWCF Project Number 12-00470), hereinafter called the
Project, and enters into this Project Agreement with the Grantee for the
acquisition of that real property, the legal description of which shall be submitted
to the Department as described in the Land and Water Conservation Fund
Program Approved Project Documentation Form, DEP Form FPS-A048. The
approved Project Application, which includes the Project Elements (description of
project, detailed budget, and anticipated deliverables), is incorporated into this
Project Agreement by reference as if fully set forth herein. Any revisions to the
Project Elements as set forth in the approved Project Application must be
formally requested by the Grantee and, if agreed upon by the Department, the
mod,ifications will be reduced to writing in an amendment to this Agreement.
3. Within three (3) years from the completion date set forth in the Project completion
certificate, unless extended by the Department for good cause at the written
request of the Grantee, the Grantee will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements in accordance with
the following elements: Tennis courts, basketball courts, trail, park road,
parking and other related support facilities.
4. The Project Elements identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the Project Application. Project Site facilities shall be attractive
for public use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements and facilities shall be in
accord with current and established engineering and architectural standards and
practices. Emphasis should be given to the health and safety of users,
accessibility to the general public, and the protection of the recreational and
natural values of the area. This site development plan may be altered by the
Grantee, only after written approval by the Department. Any and all utility lines
DEP Agreement No. LW470, Page 2 of 12
DEP 55-238 (12/03)
installed within the park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architect or engineer licensed in accordance with the laws of the State
of Florida.
5.
A.
The Department shall pay the Grantee on a reimbursement basis the
eligible Grant amount not to exceed $200,000.00, which will pay said
federal program's share of the cost of the Project. Program funding limits
are based upon the following:
Total DE3partment (federal) Program Amount
Grantee Match Amount
Total Project Cost
$200,000.00
$200,000.00
$400,000.00
Type of Match (Cash and/or Donations)
B. Within sixty (60) days after receipt of the 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 Land and Water Conservation Fund
Program Required Project Completion Documentation Form, DEP Form
FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will
approve the request for payment.
6. In addition to the invoicing requirements contained in paragraph 5 above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 30
calendar days 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). All bills for amounts
due under this Agreement shall be submitted in detail sufficient fora proper pre-
audit and post-audit thereof. State guidelines for allowable costs can be found in
the Florida Department of Financial Service's Reference Guide for State
Expenditures (March, 2003) at www.dbf.state.f1.us/aadir/reference quide and
allowable costs for federal programs can be found under 48 CFR Part 31 at
http://www.access.qpo.Qov/nara/cfr/cfr-table-search.htmland OMB Circulars A-87, A-
122, A-21 , at http://www.whitehouse.qov/omb/circufars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant
and Contract Accountability Procedure, hereinafter called the Procedure and
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 procurement requirements specified in 43 CFR
12.76. Expenses representing the Project costs, including the required matching
contribution, shall be reported to the Department and summarized on certification
DEP Agreement No. LW470. Page 3 of 12 DEP 55-238 (12/03)
forms provided in the Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed under the Project.
The parties further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
9. If the Grantee has been granted a waiver of retroactivity (as defined in s. 620-
5.069(47), F.A.C.) and all applicable Manual requirements have been satisfied,
the full Project amount may be reimbursed upon completion of the Project if such
costs are identified in paragraph 10 herein as eligible costs incurred prior to
execution of this Project Agreement.
10. Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agn~ement as set forth in s. 62D-5.073(2)(a) of the Rule. The
Department and the Grantee fully understand alld agree that there shall be no
reimbursement of Project funds by the Department for any expenditure made
prior to the eXElcution of this Project Agreement with the exception of the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
Preagreement Costs Approved:
Descri tion of Work Performed
Land Ac uisition
Amount A roved
$400,000.00
Total Prea reement Costs A roved: $400,000.00
11. A.
Prior to commencement of Project acquisition, the Grantee shall submit
the documentation required by the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5.073(7)(e) 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.
B. Upon execution of this Project Agreement, the Grantee acknowledges the
prior receipt of the LWCF Grants-in-Aid Manual, the Division of Recreation
and Parks' Grant and Contract Accountability Procedures, and the
required project commencement documents listed below that must be
completed by the Grantee, if applicable, and returned to the Department
within sixty (60) days following the execution date of this Project
Agreement.
C. Required Project Commencement Documentation for Acquisition
Agreements:
1. Grantee Documentation of Condemnation (if applicable)
2. Written Offer to Purchase with Statement of, or waiver of, Just
Compensation
DEP Agreement No, LW470. Page 4 of 12
DEP 55-238 (12/03)
3. Relocation Plan for Displaced Residents (PL91-646, if applicable)
4. Mean or Ordinary High Water Survey (if applicable)
5. Appraisal (2 copies)
6. Boundary Survey
7. Title Search
8. Certification of Manual Possession
12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of this Project and shall certify that it has done
so to the Department by completing the Land and Water Conservation Program
Project Permitting Certification, DEP. Form FPS-A052, referenced in s. 620-
5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project acquisition by the completion date
established in paragraph 1, above.
14. A.
The Grantee shall maintain books, records and documents directly
pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each
subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
C. Records for real property and equipment acquired with federal funds shall
be retained for five years following final disposition.
15. In addition to the provisions contained in Paragraph 14 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements, attached hereto and made a part hereof. A revised copy of
Attachment A, Exhibit-1 I 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 A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1 I the
Grantee shall notify the Department's Grant Manager at 850/488-7896 to request
a copy of the updated information.
--
16. Following receipt of an audit report identifying any reimbursement due the
Department for the Grantee's noncompli'ance with this Project Agreement, the
Grantee will be allowed a maximum of thirty (30) days to submit additio~al
pertinent documentation to offset the amount identified as being due to the
Department. The Department, following a review of the documentation submitted
DEP Agreement No. LW470, Page 5 of 12
DEP 55-238 (12/03)
by the Grantee, will inform the Grantee of any reimbursement due the
Department.
17. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department. The Department shall have no liability except as
specifically provided in this Project Agreement.
18. To the extent required by law, the Grantee will be self-insured against, or will
secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for. all of the latter'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 Florida
Workers' Compensation law, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of those employees not otherwise protected.
19. The Department's Grant Manager for the purpose of this Project Agreement shall
be responsible for ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The Grantee's Liaison
Agent, as identified in the Project Application, or successor, shall act on behalf of
the Grantee relative to the provisions of this Project Agreement. The Grantee's
Liaison Agent (also known as Grantee's Grant Manager), shall submit to the
Department signed Project status reports every ninety (90) days summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the Department. Any and all notices
shall be deemed effective and sufficient if sent via U.S. mail, facsimile (fax), or by
hand-delivery to the parties at the following addresses:
Grantee's Liaison Agent
Name: Mr. Chuck Pula, Parks and Recreation
Director
Entity: City of Winter Springs
Address: 1126 East State Road 434
City, State, Zip: Winter Springs, FL 32708
Phone: 407/327 -6590
SunCom Phone:
Fax: 407/327-4763
SunCom Fax:
Email:
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DEP Agreement No. LW470, Page 6 of 12
DEP 55-238 (12/03)
Department's Grant Manager
Name: Collier Clark
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850)488-7896
SunComPhone: 278-7896
Fax: (850)488-3665
SunCom Fax: 278-3665
Email: collier.c1ark@dep.state.fl.us
20. Prior to final reimbursement, the Grantee must erect a permanent information
sign on the Project site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDal and the
Department.
21. The Department and USDal have the right to inspect the Project and any and all
records related thereto at any reasonable time.
22. This AgreemenR 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 Agreement,
unless the records are exempt from Section 24(a) of Article I of the State
Constitution ancl Section 119.07(1), Florida Statutes.
23. 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 LWCF funds provided to the Grantee
for non-compliance 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 be calculated and determined pursuant
to Section 55.0:::(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee.
24. If the United States, acting through the USDal, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
25. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in acquiring and 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 ensure that the Grantee will include the
DEP Agreement No. LW470, Page 7 of 12
DEP 55-238 (12/03)
requirements of this paragraph in all subcontracts made to perform this Project
Agreement.
26. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the Manual.
27. If asphalt paving is required for the Project it shall conform to the Florida
Department' of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
28. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 620-5.074(1)
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
State of Florida. The Grantee represents that it has sufficient site control to
enable this dedication. All dedications must be promptly recorded in the county's
official public records by the Grantee.
29. The Grantee agrees to operate and maintain the Project site as stated in s. 620-.
5.074(2) of the Hule. The Project site, Project-related facilities (if any), and any
future outdoor recreation facilities developed on the Project site shall be open to
the general public for outdoor recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project-related facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
30. The Grantee shall not, for any reason, convert all or any portion of the park for
any purpose other than public outdoor recreation without prior approval of the
. USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act and the
Manual and s. 620-5.074(3) of the Rule.
31. Failure to comply with the provisions of the Rule or the terms and conditions of
this 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.
32. 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
DEP Agreement No. LW470, Page 8 of 12
DEP 55-238 (12/03)
Agreement and this Project Agreement shall control over the Project Application
documents.
33. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the applicant a notice in
writing and a rElasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall cancel this
Project Agreement.
34. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress; The State
of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
35.. A.
36. A.
The Grantee certifies that no Federal appropriated funds have been paid
or will bl~ paid, on or after December 22, 1989, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer
or employee of an agency, a Member of Congress, an officer or employee
of Congness, or an employee of a Member of Congress, in connection with
the awarding, renewal, amending or modifying of any Federal contract,
grant, or cooperative agreement. If any non-Federal funds are used for
lobbying activities as described above, the Grantee shall submit
Attachment B, Standard Form-LLL, "Disclosure of Lobbying Activities"
(attached hereto and made a part hereof), and shall file quarterly updates
of any material changes. The Grantee shall require the language of this
certification to be included in all subcontracts, and all subcontractors shall
certify and disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state agency.
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 and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
DEP Agreement No, LW470, Page 9 of 12
DEP 55-238 (12/03)
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
37. Each party herElto 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 s. 768.28,
Florida Statutes, and other statutes that provide immunity to the Department or
the State.
38. A person or affiliate who has been placed on the convicted vendor list following a
conviction for 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, or Category Two, for a period of
36 months from the date of being placed on the convicted vendor list.
39. A.
In accordance with Executive Order 12549, Debarment and Suspension
(43 CFR Part 12), the Grantee .shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency; and, that the Grantee
shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from
participatiing in this covered transaction, unless authorized in writing by
USDOI to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a copy of the form entitled "Certification
Regardin!~ Debarments, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions", attached hereto and made a
part hereof as Attachment C.
c. As required by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreHments executed to support the Grantee's work under this
Agreement.
40. This 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 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.
41. 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
DEP Agreement No. LW470, Page 10 of 12
DEP 55-238 (12/03)
construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
42. . This Project Agreement is not intended nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
43. This Project A~lreement is an exclusive contract and may not be assigned in
whole or in part without the prior written approval of the Department.
44. The parties hereto acknowledge and agree that provisions contained in
paragraphs 3, 4, 14, 21, 27, 28, 29, and 30 shall survive the end date of this
Agreement established in paragraph 1.
45. This Project Aweement 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,
duly executed by each of the parties hereto, and attached to the original of this
Project Agreeml~nt.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No, LW470, Page 11 of 12
DEP 55-238 (12/03)
IN WITNESS VVHEREOF, the parties hereto have caused this Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF WINTER SPRINGS
By:
By:
Division Director
Division of Recreations and Parks
and State Liaison Officer
(or designee)
Printed Name
Date:
Title
Date:
FEID No.:
Address:
Bureau of Design and Hecreation
Services (MS 585)
Division of Recreations and Parks
3900 Commonwealth Boulevard
Ta~~ssee, Florida 32399-3000
W~ eu
DEP Grant Manager
Address:
Grantee's Attorney
Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on
12/08/2003.
Attachments:
Attachment A - Special Audit Requirements (5 pages)
Attachment B - Disclosure of Lobbying Activities (2 pages)
Attachment C - Certification Regarding DebarmenUSuspension (2 pages)
DEP Agreement No, LW470. Page 12 of 12
DEP 55-238 (12/03)
ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DE?", "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 attachments.
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.
I. In the event that the recipient expends $300,000 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 I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-I33,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I., 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 $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB 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 htto://asoe,os,dhhs,gov/cfda.
REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK
DEP Agreement No, L W470, Attachment~, Page I of 5
DEP 55-215 (01/02)
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, 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 finaneial 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
ofa 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, 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 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://sun6,dms.state,fl.us/fsaa/catalog.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state,fl:us/ 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 htto://www.flgov,coml, Department of Banking
and Finance's Website htto://www.dbf.state.fl.us/. and the Auditor General's Website
htto:/ /www.state.fl.usiaudgen .
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 Ilot required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Sectioll 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:
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
DEP Agreement No, L W470, Attachment A, Page 2 of 5
DEP 55-215 (01/02)
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections ,320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-I33, 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 shaH be submitted by or on
behalf of the recipient directlv to each of the following:
A. The Department of Environmental Protection at the [oHowing 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
Tall ahassee, 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
FIOJida Department of Environmental Protectipn
Offi.ce of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable. '
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-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. '
DEP Agreement No. L W470, Attachment A, Page 3 of 5
DEP 55-2 I 5 (01/02)
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, LW470, Attachment 11, Page 4 of 5
DEP 55-215 (01/02)
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:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Fundinq Amount Cateqorv
12-00470 U.S. Department of 15-916 Land and Water Conservation Fund $200,000.00 140001-03
Interior
. , . I
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal State
Program Appropriation
Number Federal Aqency CFDA CFDA Title Fundinq Amount Cateqorv
State Resources Awarded to the Recipient Pursuant to this AQreement Consist of the FollowinQ Resources Subject to Section 215.97 F.S.:
Catalog of
State
Financial CSFA Title State
State State Assistance or Appropriation
Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Number -
Total Award
200 000.00
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[htto:llasoe,os.dhhs,qov/cfda] and/or the Florida Catalog of State Financial Assistance (CSFA) [htto:llsun6.dms.state,f1.us/fsaa/cataloq,htm]. The services/purposes for which the
funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No, L W470, Attachmen1 A, Page 5 of 5
DEP 55-215 (01102)
..,
Approved by OMB
0348-0046
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U,S,C, 1352
(See reverse for public burden disclosure.)
I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
D a, contract D bid! 0 ITerl app I i cation D a. initial filing
a.
b. grant b, initial award b, material change
c, cooperative agreement c, post-award
d, loan For Material Change Only:
e. loan guarantee
f, loan insurance year quarter
date oflast report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address of Prime:
D Prime D Subawardee
Tier __, ifknown:
Congressional District, if known: Congressional District, if known:
6. Federal Department! Agency: 7. Federal Program Name/Description:
CFOA Number, if applicable:
8. Federal Action Number, ifknown: 9. Award Amount, ifknown:
$
10. a. Name and Address of Lobbying IEntity b. Individuals Performing Services (including address if
(if individual. last name. first name. MI): different from No, J Oa)
(last name. first name. MI):
(attach Continuation Sheet(s) SF-LLLA. i{necessarv)
11. Information requested through this fOlm is authorized by title 31 U.S,c. Signature:
section 1352. This disclosure of lobbying activities is a material Print Name:
representation of fact upon which reliance was placed by the tier above
,when this transaction was made or entered into. This disclosure is
required pursuant to 31 U.S.c. 1352. This information will be rcported to Title:
Congress semi-annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date:
penally of not less than $10,000 and not more than $100,000 for each such
failure.
Federal Use Only: I Authorized for Local Reproduction
Standard Form - LLL (Rev 7 - 97)
Form DEP 55-221 (01/01)
DEi> Agreement No. L W470, Attachment B, Page 1 of 2
'\.
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status '(l.f the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously ,submitted report by the reporting entity for this covered
Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
exp'ects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization ming the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of lFederal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most applropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4
01'5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names .of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducio this burden, to the Office of Mana eme~t and Bud et, Pa erwork Reduction Pro 'ect 0348-0046, Washin ton, D.C. 20503.
Form DEP 55-221 (01101)
DEP Agreement No. L W470, Attachment B, Page 2 of 2
~~
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW470
1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debannent,
declared ineligible, or volunta-:ily excluded from participation in this transaction by any Federal department or agency,
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
perfonning a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2,(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) tenninated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification,
Dated this
day of
,20_.
By
Authorized Signature/Contractor
Typed NamefTitle
Contractor's Finn Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Codetrelephone Number
Form DEP 55-220 (01101)
Page 1 of2
DEP Agreement No. LW470, Attachment!;;, Page 1 of 2
t"
...
.
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
I, By signing and submitting thi" form, the certifying party is providing the certification set out below,
2. The certification in this c1au,e is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later det'~rmined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarnlent.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circwnstances,
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage se<;tions of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lowl~r tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include" this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it deternlines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873,)
8" Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause, The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarnlent under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01101) Page 2 01'2
DEP Agreement No. LW470, Attachment~, Page 2 of 2
ItIIJTIDItIIIL
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1-800-352-5675 Fax 1-800..756-3529
1-407-381-~!727 Fax 1.0407-381-3529
Prepared BY: Barbara Gilbert
WE WILL MATCH OR BEAT ANY QUOTE
QUOTA.'iIlON FOR SERV'ICES
Customer city of Winter Springs parks & Recreation IJobslte: I Central Winds Park
Winter Springs. FL 1126 E. SR 434
Winter Springs, FL
Cell: 407-782-2911
Phone: 407-327-6592
Fax: 407-327-4763
Date Contact: Bid E)(piration Est. Install Date Length Of Contract Terms
1/15/04 Alan Greene 30 DAYS ASAP UP TO 36 MONTHS Net 30
Line Item Quantity Description UOM Unit Price Extended Total
1 1,480 6' Temp Chain Link Fence LF $3.39 $5,017.20
2 1,480 Top Rail LF $1.50 $2,220.00
3 8 6 )( 12 Swing Gate EA $250.00 $1,500.00
4 12 6 x 4 Spring Loaded Gate EA $165.00 $1,980.00
5 $0.00
6 $0,00
7 $0.00
8 $0.00
9 $0.00
10 $400.00 minimum for this job site $0.00
11 plus fuel and sales tax: $0.00
12 $0.00
13 1 FUEL CHARGE EA $14.00 $14.00
14 0 Any core drilling Or Inaccessibility
will be charged per lineal foot UF $0.50 $0.00
Subtotal $10,731.20
ASK ABOUT OUR BARnlCADES Tax ':':,:',7ii)o/~ ':i $751.18
,..1,"'" .
THAT ARE NOW AVAILABLE Grand Total $11,482.38
Price Includes s One Time Installation and a One Time Removal
Partial removals, repairs, and after hours work are subject to additional charges.
I
Signature
To accept this bid please sign and fax to 1-800.756.3529
i .. Print Name ] Position j
NET 30 Days Available with Approved! Credit
Permits And Under!Qround Utilities are the Responsibility of the Customer
Date
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Do you need fast service? Get anS\Ners before you hang up!
WE CAN CLOSE YOUR LOAN IN 10 DAYS!
15 Year Fixed As Low As
30 Year Fixed As Low As
4.6250/0
5.250/0
APR 4,924%
APR 5.428%
.PURCHASE . REFINANCE. CASH OUT
. No income, no asset verification loans
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MORTGAGE
services, inc.
Call Us Toll Free For A Private Consultation!
One Of Our Man" Satisfied Customers... 800 799 60 13
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we only wasted our time, thmlkJ'ou so much !n Ref, Code: MS1169
C. Pettit, Ft. :\.-Iyers, Florida You'll Get An Answer Before You Hang Up!
To BE REMOVED FROM OUR DATABASE, CALL TOLL FREE AT 1-800-658-8132.
ATTACHMENT #1,
Department of
Enviironmental Protection
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
January 6, 2004
David B. Struhs
Secretary
Mr. Chuck Pula
Parks and Recreation Director
City of Winter Springs
1126 East State Road 434
. Winter Springs, FL 32708
Re: Central Winds Park Expansion 11
L WCF Project No. 12-00470
Dear~~
Thank you for your letter accepting the Land and Water Conservation Fund Program (L WCF) grant. To assist you
in getting started, we have enclosed the grant agreement, commencement documents, and the L WCF Manual on
CD/Rom.
The Grant A2reement has been prepared in accordance with your application and acceptance letter. It is important
that you review the agreement to ensure that information specific to your project is accurate. Please execute and
return both original copies to our office on or before March 1, 2004, One original copy will be returned to you
when formally executed by the Department.
Unless a Waiver of Retroactivity has been issued, or provisions are provided for in this agreement, the project may
not commence until all Commencement Documents have been received and approved by this bureau. We ask that
you complete and return these documents to our office by March 1, 2004.
Possession of the LWCF Manual is a requirement under the LWCF program. Please complete the LWCF Manual
certification form included in your Commencement Documents packet and return it to us,
Thank you for your attention to this matter, If you have any questions, please contact us at
(850) 488-7896 or Sun com 278-7896.
t\nc~relY,
~~
Collier Clark
Advisory Services M,llager
Bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station #585
Enclosure
"More Protection, Less Process"
Printed on recycled paper,
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12-00470
(LWCF Project Number)
LW470
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2002-2003
PROJECT AGREEMENT - ACQUISITION
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Department"), and the CITY OF WINTER SPRINGS, whose address is 1126 East
State Road 434, Winter Sprinqs, FL, 32708 (hereinafter called the "Grantee"), a local
government, in furtherance of the Central Winds Park Expansion II project, an approved
outdoor recreation project.
WHEREAS, the Department receives funds for the purpose of passing through
the agency as grants to other entities in accordance with Section 375.021(4), Florida
Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application number 373, which
has been approved by the Department.
NOW THEREFOF:E, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agmement shall be effective upon execution of this Project
Agreement and end no later than one year from the date of execution, inclusive.
The Project Agreement shall be performed in accordance with Chapter 62D-5,
Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and
Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897,
as amended, (hereinafter called the Act), and in accordance with general
provisions for such agreements prescribed by the United States Department of
the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual,
(hereinafter called the Manual). The Manual refers to the federal code of
regulations (CFRs) applicable to this Agreement. The following table identifies
several of the key CFRs addressed in the Manual, but does not limit the Grantee
to compliance with only the CFRs identified in the table. '
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DEP Agreement No. LW470, Page 1 of 12
DEP 55-238 (12/03)
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.
CFR Cite Title
36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post-
Completion Compliance Responsibilities
36 CFR 800.8 Coordination With the National Environmental Policy Act
43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance
Proqrams
43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of
- Interior
The Grantee agrees to become familiar with all provisions and comply with the
Rule, effective July 15, 2001, and Manual, which are incorporated into this
Project Agreement by reference, as if fully set forth herein. In the event a dispute
should arise between the parties concerning the intent of. any language herein
contained, the same shall be resolved by the adoption of that meaning which
furthers the intent and purpose of the above referenced Act and the general
provisions governing this Project Agreement as set forth in the Manual. No
construction shall be contrary to the requirements of the Acts of Congress or of
the regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is the primary purpose
of the project known as Central Winds Park Expansion II (Land and Water
Conservation Fund, LWCF Project Number 12-00470), hereinafter called the
Project, and enters into this Project' Agreement with the Grantee for the
acquisition of that real property, the legal description of which shall be submitted
to the Department as described in the Land and Water Conservation Fund
Program Approved Project Documentation Form, DEP Form FPS-A048. The
approved Project Application, which includes the Project Elements (description of
project, detailed budget, and anticipated deliverables), is incorporated into this
Project Agreement by reference as if fully set forth herein. Any revisions to the
Project Elements as set forth in the approved Project Application must be
formally requested by the Grantee and, if agreed upon by the Department, the
mod.ifications will be reduced to writing in an amendment to this Agreement.
3. Within three (3) years from the completion date set forth in the Project completion
certificate, unless extended by the Department for good cause at the written
request of the Grantee, the Grantee will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements in accordance with
,the following elements: T~nnis courts, basketball courts, trail, park road,
parking and other related support facilities.
4. The Project ElemEmts identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the Project Application. Project Site facilities shall be attractive
for public use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements and facilities shall be in
accord with current and established engineering and architectural standards and
practices. Emphasis should be given to the health and safety of users,
accessibility to the general public, arid the protection of the recreational and
natural values of the area. This site development plan may be altered by the
Grantee, only after written approval by the Department. Any and all utility lines
DEP Agreement No, LW470, Page 2 of 12
DEP 55-238 (12/03)
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'"
installed within the park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architect or engineer licensed in accordance with the laws of the State
of Florida.
5.
A.
The Department shall pay the Grantee on a reimbursement basis the,
eligible Grant amount not to exceed $200,000.00, which will pay said
federal program's share of the cost of the Project. Program funding limits
are based upon the following:
Total Department (federal) Program Amount
Grantee Match Amount
Total Project Cost
$200,000.00
$200,000.00
$400,000.00
Type of Match (Cash and/or Donations)
B. Within sixty (60) days after receipt of the 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 Land and Water Conservation Fund
Program Hequired Project Completion Documentation Form, DEP Form
FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will
approve the request for payment.
6. In addition to the invoicing requirements contained in paragraph 5 above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 30
calendar days 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). All bills for amounts
due under this Agreement shall be submitted in detail sufficient fora proper pre-
audit and post-:-audit thereof. State guidelines for allowable costs can be found in
the Florida Department of Financial Service's Reference Guide for State
Expenditures (March, 2003) at www.dbf.state.f1.us/aadir/reference quide and
allowable costs for federal programs can be found under 48 CFR Part 31 at
http://www.access.Q1)o.Qov/nara/cfr/cfr-table-search.htm/and OMB Circulars A-87, A-
122, A-21 , at http://www.whitehouse.qov/omb/circulars/index.htm/#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant
and Contract Accountability Procedure, hereinafter called the Procedure and
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 procurement requirements specified in 43 CFR
12.76. Expenses mpresenting the Project costs, including the required matching
contribution, shall be reported to the Department and summarized on certification
DEP Agreement No. LW470, Page 3 of 12 DEP 55-238 (12/03)
"
forms provided in the Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed under the Project.
The parties further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
9.
If the Grantee has been granted a waiver of retroactivity (as defined in s. 620-
5.069(47), F.A.C.) and all applicable Manual requirements have been satisfied,
the full Project amount may be reimbursed upon completion of the Project if such
costs are identifiHd in paragraph 10 herein as eligible costs incurred prior to
execution of this Project Agreement.
10.
Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in s. 62D-5.073(2)(a) of the Rule. The
Department and the Grantee fully understand aAd 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 the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
Preagreement Costs Approved:
Descri Ition of Work. Performed
Land Ac uisition
Amount A roved
$400,000.00
Total Prea reement Costs A roved: $400,000.00
11. A.
Prior to commencement of Project acquisition, the Grantee shall submit
the docum€mtation required by the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5.073(7)(e) of the Rule, to the
Department. Upon determining that the documentation complies with the
Rule, the D'3partment will give written notice to Grantee to commence the
development and approve the request for payment.
B. Upon execution of this Project Agreement, the Grantee acknowledges the
prior receipt of the LWCF Grants-in-Aid Manual, the Division of Recreation
and Parks' Grant and Contract Accountability Procedures, and the
required project commencement documents listed below that must be
completed ~)y the Grantee, if applicable, and returned to the Department
within sixty (60) days following the execution date of this Project
Agreement. '
C. Required Project Commencement Documentation for Acquisition
Agreements:
1. Grantee Documentation of Condemnation (if applicable)
2. Writt€m Offer to Purchase with Statement of, or waiver of, Just
Compensation
DEP Agreement No. LW470, Page 4 of 12
DEP 55-238 (12/03)
3. Relocation Plan for Displaced Residents (PL91-646, if applicable)
4. Mean or Ordinary High Water Survey (if applicable)
5. Appraisal (2 copies)
6. Boundary Survey
7. Title Search
8. Certification of Manual Possession
12. The - Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of this Project and shall certify that it has done
so to the Department by completing the Land and Water Conservation Program
Project Permitting Certification, DEP, Form FPS-A052, referenced in s. 620-
5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project acquisition by the completion date
established in paragraph 1, above.
14. A.
The Grantee shall maintain books, records and documents directly
pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each
subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
C. Records for real property and equipment acquired with federal funds shall
be retained for five years following final disposition.
15. In addition to the provisions contained in Paragraph 14 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements, attached hereto and made a part hereof. A revised copy of
Attachment A, 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 A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at 850/488-7896 to request
a copy of the updated information.
16. Following receipt of an audit report identifying any reimburse'ment 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 additio~al
pertinent documentation to offset the amount identified as being due to the
Department. The Department, following a review of the documentation submitted
DEP Agreement No. LW470! Page 5 of 12
DEP 55-238 (12/03)
by the Grantee, will inform the Grantee of any reimbursement due the
Department.
17. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department. The Department shall have no liability except as
specifically provided in this Project Agreement.
18. To the extent required by law, the Grantee will be self-insured against, or will
secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Worke'rs' Compensation Insurance for, all of the latter'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 Florida
Workers' Compensation law, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of those employees not otherwise protected.
19. The Department's Grant Manager for the purpose of this Project Agreement shall
be responsible for ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The Grantee's Liaison
Agent, as identified in the Project Application, or successor, shall act on behalf of
the Grantee relative to the provisions of this Project Agreement. The Grantee's
Liaison Agent (also known as Grantee's Grant Manager), shall submit to the
Department signed Project status reports every ninety (90) days summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the Department. Any and all notices '
shall be deemed effective and sufficient if sent via U.S. mail, facsimile (fax), or by
hand-delivery to the parties at the following addresses:
Grantee's Liaison Agent
Name: Mr. Chuck Pula, Parks and Recreation
Director
Entity: City of Winter Springs
Address: 1126 East State Road 434
City, State, Zip: Winter Springs, FL 32708
Phone: 407/327-6590
SunCom Phone:
Fax: 407/327-4763
SunCom Fax:
Email:
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DEP Agreement No, LW470, Pagl~ 6 of 12
DEP 55-238 (12/03)
Department's Grant Manager
Name: Collier Clark
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850)488-7896
SunComPhone: 278-7896
Fax: (850)488-3665
SuriCom Fax: 278-3665
Email: collier.c1ark@dep.state.f1.us
20. Prior to final reimbursement, the Grantee must erect a permanent information
sign on the Project site which credits Project funding or a portion thereof, from'
the Land and W.ater Conservation Fund Program through the USDal and the
Department.
21. The Department and USDal have the right to inspect the Project and any and all
records related thereto at any reasonable time.
22. This 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 Agreement,
unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
23. Prior to the c1osin!~ of the Project the Department shalf have the right to demand
a refund, either in whole or in part, of the LWCF funds provided to the Grantee
for non-compliance 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 be calculated and determined pursuant
to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee.
24. If the United States, acting through the USDal, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
. of its lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement,. the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
25. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances ill acquiring and 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 Grant(~e further agrees to ensure that the Grantee will include the
DEP Agreement No. LW470, Page 7 of 12
DEP 55-238 (12/03)
requirements of this paragraph in all subcontracts made to perform this Project
Agreement.
26. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the Manual.
27. If asphalt paving is required for the Project it shall conform to the Florida
Department of Transportation's specifications for road and bridge construCtion.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
28. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 620-5.074(1)
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of .the general public of the
State of Florida. The Grantee represents that it has sufficient site control to
enable this dedication. All dedications must be promptly recorded in the county's
official public records by the Grantee.
29. The Grantee agreHs to operate and maintain the Project site as stated in s. 620-.
5.074(2) of the Rule. The Project site, Project-related facilities (if any), and any
future outdoor recreation facilities developed on the Project site shall be open to
the general public for outdoor recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, oper~te and maintain said
Project-related facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
30. The Grantee shall not, for any reason, convert all or any portion of the park for
any purpose other than public outdoor recreation without prior approval of the
. USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act and the
Manual and s. 620'-5.074(3) of the Rule.
31. Failure to comply with the provisions of the Rule or the terms and conditions of
this 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~omply.
32. 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
DEP Agreement No. LW470, Page 8 of 12
DEP 55-238 (12/03)
Agreement and this Project Agreement shall control over the Project Application
documents.
33. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the applicant a notice in
writing and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall cancel this
Project Agreement.
\
34. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress: The State
of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
35. A.
36. A.
The Grantee certifies that no Federal appropriated funds have been paid
or will be paid, on or after December 22, 1989, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer
or emploYl3e of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress, in connection with
the awarding, renewal; amending or modifying of any Federal contract,
grant, or cooperative agreement. If any non-Federal funds are used for
lobbying activities as described above, the Grantee shall submit
Attachment B, Standard Form-LLL, "Disclosure of Lobbying Activities"
(att"ached hereto and made a part hereof), and shall file quarterly updates
of any material changes. The Grantee shall require the language of this
certification to be included in all subcontracts, and all subcontractors shall
certify and disclose accordingly. (43 CFR Part 18)
B. In accordcmce with Se~tion 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state agency.
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 and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
DEP Agreement No. L W4 70, Pag,e 9 of 12
DEP 55-238 (12/03)
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
37. 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 s. 768.28,
Florida Statutes, and other statutes that provide immunity to the Department or
the State.
38. A person or affiliate who has been placed on the convicted vendor list following a
conviction for 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, or Category Two, for a period of
36 months from the date of being placed on the convicted vendor list.
39. A.
In accordance with Executive Order 12549, Debarment and Suspension
(43 CFR Part 12), the Grantee ,shall agree and Certify that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency; and, that the Grantee
shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by
USDOI to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a copy of the form entitled "Certification
Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions", attached hereto and made a
part hereof as Attachment C.
C. As required' by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreements executed to support the Grantee's work under this
Agreement.
40. This 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 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.
41. 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
DEP Agreement No. LW470, Page 10 of 12
DEP 55-238 (12/03)
construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
42. 'This Project Agmement is not intended nor shall it be construed as granting any.
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
43. 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.
44. The parties helr8to acknowledge and agree that provisions contained in
paragraphs 3, 4, 14, 21, 27, 28, 29, and 30 shall survive the end date of this
Agreement established in paragraph 1.
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,
duly executed by each of the parties hereto, and attached to the original of this
Project Agreement.
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DEP Agreement No. LW470. Pa!~e 11 of 12
DEP 55-238 (12/03)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF WINTER SPRINGS
By:
By:
Division Director
Division of Recreations and Parks
and State Liaison .officer
(or designee)
Printed Name
Date:
Title
Date:
FEID No.:
Address:
Bureau of Design and R.ecreation
Services (MS 585)
Division of Recreations ,and Parks
3900 Commonwealth Boulevard
Tal~~ss.ee, Florida 32399-3000
~W-
DEP Grant Manager
Address:
Grantee's Attorney
. Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on
12/08/2003.
Attachments: .
Attachment A - Special Audit Requirements (5 pages)
Attachment B - Disclosure of Lobbying Activities (2 pages)
Attachment C - Certification Regarding Debarment/Suspension (2 pages)
DEP Agreement No. LW470, Page 12 of 12
DEP 55-238 (12/03)
ATTACHMENT A
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 attachments.
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.
I. In the event that the recipient expends $300,000 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 I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In detennining 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 detennination of amounts of Federal awards expended
should be in accordanee 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-B3,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I" 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 $300,000 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 $300,000 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 infonnation regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe,os.dhhs,gov/cfda.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No, L W470, Anachmen111, Page 1 of 5
DEP 55-215 (01/02)
'.
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, 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 I to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State financial assistance
received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 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, 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 and elects to have a'n
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://sun6,dms.state.fl.us/fsaalcatalog.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In.
addition to the above websites, the following websites may be accessed for inform'ation: Legislature's
Website http://www.\eg,state.flus/, Governor's Website http://www.flgov.com/, Department of Banking
and Finance's Website http://www.dbfstate.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 Slate 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
I. 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-I33, as revised, 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
DEP Agreement No, L W470, Attachment A, Page 2 of 5
DEP 55-215 (01/02)
..
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies requir.ed by Sections .320 (d)(I) 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-l33, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133; as revised, the recipient shall submit a copy of the
reporting package desl~ribed 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 flirectIv 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 directlv to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40 I
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-l33, 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. '
DEP Agreement No. L W470, Altachmem: A. Page 3 of 5
DEP 55-215 (01/02)
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. LW470, Attachmenl Ii, Page 4 of 5
DEP 55-215 (01/02)
EXHIBIT - 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING:
Federal Resources Awarded to the Recipient Pursuant to this Aareement Consist of the Followinq:
Federal State
Program CFDA Appropriation
Number Federal Aqencv Number CFDA Title Fundinq Amount Category
12-00470 U.S. Department of 15-916 land and Water Conservation Fund $200,000.00 140001-03
Interior
State Resources Awarded to the ReciDient Pursuant to this Aareement Consist of the Following Matching Resources for Federal Programs:
Federal State
Program Appropriation
Number Federal Aqencv CFDA CFDA Title Fundinq Amount Category
,
State Resources Awarded to the ReciDient Pursuant to this Aareement Consist of the Followina Resources Subiect to Section 215.97, F.S.:
Catalog of
State
Financial CSFA Title State
State State Assistance or Appropriation
Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Number ,-
Total Award
200 000.00
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[htto://asoe,os,dhhs.aov/cfda] and/or the Florida Catalog of State Financial Assistance (CSFA) [htto://sun6.dms,state.fLus/fsaa/cataloa,htm]. The services/purposes for which the
funds are to be used are included In the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No, L W470, Attachment to, Page 5 of 5
DEP 55-215 (01/02)
"
Approved by OM8
0348-0046
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 3 I U.S,c. 1352
(See reverse for public burden disclosure,)
l. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
D a. contract D a. bid/afTer/application D a, initial filing
..
b. grant b, initial award b. material change
c, cooperative agreement c, post-award
d. loan For Material Change Only:
e, loan guarantee
f. loan insurance year quarter
date of las1 report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address of Prime:
0 Prime 0 Subawardee
Tier __, ifknown:
Congressional District, ifknown: Congressional District, ifknown:
6. Federal Department! Agency: 7. Federal Program NamelDescription:
CFDA Number, if applicable:
8. Federal Action Number, ifknown: 9. Award Amount, ifknown:
$
to. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual. last name. first name, MI): difJerentfrom No, IDa)
(last name, first name, MI):
(attach Continuation Sheet(s) SF-LLLA, i{necessary)
11. Information requested lhrougb this form is autborized by title 31 U.S.c. Signature:
section 1352. Tbis disclosure of lobhying activities is a material Print Name:
representation of fact upon whicb reliance was placed by tbe tier above
,wben tbis transaction was made or entered into. This disclosure is
required pursuant to 31 U.S.c. 1352. Tbis infol'malion will be reported to Title:
Congress semi-annually and will be available for public inspection. Any
person wbo fails to file tbe required disclosure shall be subject to a civil Telephone No.: Date:
penalty of not less than $10,000 and Dot more than $100,000 for each sucb
failure.
Federal Use Only: I Authorized for Local Reproduction
Standard Form - LLL (Rev 7 - 97)
Form DEP 55-221 (01/01)
DEi> Agreement No. LW470, Attacbment n, Page 1 of 2
. \.
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.c. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status 'of the covered Federal action.
3. Identify t~e appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously ,submitted report by the reporting entity for this covered
Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
exp'ects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the,Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for I)roposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4
or 5.
10. (a) Enter the full name, ~lddress, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names ,of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (1\'11).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid 01\18 Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for tbis collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searcbing existing data sources, gatbering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate, or any other aspect of this collection of information, including suggestions for
reducin this burden, to the Office of Mana emenl and Bud et, Pa erwork Reduction Pro'ect 0348-0046, Washin Ion, D.C. 20503.
Form DEP 55-221 (01/01)
DEP Agreement No. LW470, Attachment B, Page 2 of 2
. ~
. .
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: L W470
1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debannent,
declared ineligible, or volunta~ly excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against. them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property,
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2,(a) of this Certification; and
(c) Have not within a thrl~e-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this
day of _
,20_.
By
Authorized Signature/Contractor
Typed Nameffitle
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Coderrelephone Numqer
Form DEP 55-220 (01101)
Page 1 of2
DEP Agreement No. L W470, Attachment ~ Page 1 of 2
J
.
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later detennined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
, certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction. debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations,
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated,
6. The certifying party further agrees by executing this contract that it will include' this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephon;: No. (202) 501-4740 or (202) 501-4873.) .
8., Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause, The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01/01) Page 2 on
DEP Agreement No. LW470, Attachm.mt~, Page 2 of 2
Date: 012604
The following Agreement for Consent "203" is
partially executed
12-00470
(LWCF Project Number)
LW470
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2002-2003
PROJECT AGREEMENT - ACQUISITION
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Department"), and thE! CITY OF WINTER SPRINGS, whose address is 1126 East
State Road 434, WintEtr Sprinqs, FL, 32708 (hereinafter called the "Grantee"), a local
government, in furtherance of the Central Winds Park Expansion II project, an approved
outdoor recreation project.
WHEREAS, the Department receives funds for the purpose of passing through
the agency as grants to other entities in accordance with Section 375.021(4), Florida
Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application number 373, which
has been approved by the Department.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall be effective upon execution of this Project
Agreement and Emd no later than one year from the date of execution, inclusive.
The Project Agreement shall be performed in accordance with Chapter 620-5,
Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and
Water Conservation Fund (L WCF) Act of 1965, Public Law 88-578, 78 Stat 897,
as amended, (hereinafter called -the Act), and in accordance with general
provisions for such agreements prescribed by the United States Department of
the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual,
(hereinafter called the Manual). The Manual refers to the federal code of
regulations (CFRs) applicable to this Agreement. The following table identifies
several of the key CFRs addressed in the Manual, but does not limit the Grantee
to compliance with only the CFRs identified in ttie table.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No, LW470, Page 1 of 12
DEP 55-238 (12/03)
CFR Cite Title
36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post-
Completion Compliance Responsibilities
36 CFR 800.8 Coordination With the National Environmental Policy Act
43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance
- ProQrams
43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of
Interior
The Grantee agrees to become familiar with all provisions and comply with the
Rule, effective ,July 15, 2001, and Manual, which are incorporated into this
Project Agreement by reference, as if fully set forth herein. In the event a dispute
should arise between the parties concerning the intent of any language herein
contained, the same shall be resolved by the adoption of that meaning which
furthers the intent and purpose of the above referenced Act and the general
provisions 'governing this Project Agreement as set forth in the Manual. No
construction shall be contrary to the requirements of the Acts of Congress or of
the regulations of the Secretary of the Interior.
2.
The Department has found that public outdoor recreation is the primary purpose
of the p-roject known as Central Winds Park Expansion II (Land and Water
Conservation Fund, LWCF Project Number 12-00470), hereinafter called the
Project, and enters into, this Project Agreement with the Grantee for the
acquisition of that real property, the legal description of which shall be submitted
to the Departme!nt as described in the Land and Water Conservation Fund
Program Approved Project Documentation Form, DEP Form FPS-A048. The
approved Project Application, which includes the Project Elements (description of
project, detailed budget, and anticipated deliverables), is incorporated into this
Project Agreement by reference as if fully set forth herein. Any revisions to the
Project Elements as set forth in the approved Project Application must be
formally requested by the Grantee and, if agreed upon by the Department, the
modifications will be reduced to writing in an amendment to this Agreement.
3. Within three (3) years from the completion date set forth in the Project completion
certificate, unless extended by the Department for good cause at the written
request of the Grantee, the Grantee will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements in accordance with
the following elements: Tennis courts, basketball courts, trail, park road,
parking and other related support facilities.
4. The Project Elements identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the Project Application. Project Site facilities shall be attractive
for public use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements and facilities shall be in
accord with current and established engineering and architectural standards and
practices. Emphasis should be given to the health and safety. of users,
accessibility to the general public, and the protection of the recreational and
natural values of the area. This site development plan may be altered by the
Grantee, only aftl3r written approval by the, Department. Any and all utility lines
DEP Agreement No. LW470, Page 2 of 12
DEP 55-238 (12/03)
l' I"
installed within tl1e park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architBct or engineer licensed in accordance with the laws of the State
of Florida.
5.
A.
The Department shall pay the Grantee on a reimbursement basis the
eligible Grant amount not to exceed $200.000.00, which will pay said
federal program's share of the cost of the Project. Program funding limits
are based upon the following:
Total Department (federal) Program Amount
Grantee Match Amount
Total Project Cost
$200,000.00
$200,000.00
$400,000.00
Type of Match (Cash and/or, Donations)
Within sixty (60) days after receipt of the 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 thB requirements of the Land and Water Conservation Fund
P-rogram-l~equired-P-rojeGt-Completior:l-QoGumer:ltatior:l-~or-m,-Q~P--F-or-m- - -- .
FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will
approve the request for payment.
S.
6. In addition to the invoicing requirements contained in paragraph 5 above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to Ewaluate the appropriateness of costs to the Agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 30
calendar days 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). All bills for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre-
audit and post-audit thereof. State guidelines for allowable costs can be found in
the Florida Department of Financial Service's Reference Guide for State
Expenditures (March, 2003) at www.dbf.state.fl.us/aadir/reference Quide and
allowable costs for federal programs can be found under 48 CFR Part 31 at
http://www.access.qpo.qov/nara/cfr/cfr-table-search.htmland OMS Circulars A-87, A-
122, A-21 , at http://www.whitehouse.qov/omb/circulars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant
and Contract Accountability Procedure, hereinafter called the Procedure and
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 procurement requirements specified in 43 CFR
12.76. Expenses representing the Project costs, including the required matching
contribution, shall be reported to the Department and summarized on certification
DEP Agreement No. LW470, Page 3 of 12
DEP 55-238 (12/03)
forms provided in the Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed under the Project.
The parties further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
9. If the Grantee has been granted a waiver of retroactivity (as defined in s. 62D-
5.069(47), F.A.C.) and all applicable Manual requirements have been satisfied,
the full Project amount may be reimbursed upon completion of the Project if such
costs are identified in paragraph 10 herein as eligible costs incurred prior to
execution of this Project Agreement.
10. Project funds may be reimbursed .for eligible Preagreement Expenses (as
defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in s. 62D-5.073(2)(a) 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 the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
Preagreement Costs Approved:
Descri tion of Work Performed
Land Ac uisition
Amount A roved
$400,000.00
Total Prea reement Costs A roved: $400,000.00
11. A.
Prior to commencement of Project acquisition, the Grantee shall submit
the documentation required by the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5.073(7)(e) 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.
B. Upon execution of this Project Agreement, the Grantee acknowledges the
prior receipt of the LWCF Grants-in-Aid Manual, the Division of Recreation
and Parks' Grant and Contract Accountability Procedures, and the
required project commencement documents listed below that must be
completed by the Grantee, if applicable, and returned to the Department
within sixty (60) days following the execution date of this Project
Agreement.
C. Required Project Commencement Documentation for Acquisition
Agreements:
1. Grantee Documentation of Condemnation (if applicable)
2. Written Offer to Purchase with Statement of, or waiver of, Just
Compensation
DEP Agreement No. LW470, Page 4 of 12
DEP 55-238 (12/03)
3. Relocation Plan for Displaced Residents (PL91-646, if applicable)
4. Mean or Ordinary High Water Survey (if applicable)
5. Appraisal (2 copies)
6. 'Boundary Survey
7. TitlE~ Search
8. Certification of Manual Possession
12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of this Project and shall certify that it has done
so to the Department by completing the Land and Water Conservation Program
Project Permitting Certification, DEP Form FPS-A052, referenced in s. 620-
5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project acquisition by the completion date
established in paragraph 1, above.
14. A.
The Grantee shall maintain books, records and documents directly
pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
ac:c_es_s_to_sucb_[e_c_o[ds_fQr_audit_p_UIp_Q~es_du[in9_Jne_term_of_tbis_________
Agreement and for five years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each
subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before'
the, expiration of the record retention period established above, the
records sl1all be retained until all litigation, claims or audit findings
involving tile records have been resolved and final action taken.
C. Records for real property and equipment acquired with federal funds shall
be retained for five years following final disposition.
15. In addition to the provisions contained in Paragraph 14 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements; attached hereto and made a part hereof. A revised copy of
Attachment A, 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 A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at 850/488-7896 to request
a copy of the updated information.
16. Following receipt of an audit r~port identifying any reimbursement due the
Department for tl1e 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
DEP Agreement No. LW470. Page 5 of 12
DEP 55-238 (12/03)
by the Grantee, will inform the Grantee of any reimbursement due the
Department.
17. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department. The Department shall have no liability except as
specifically provided in this Project Agreement.
18. To the extent required by law, the Grantee will be self-insured against, or will
secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter'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 Florida
Workers' Compensation. law, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of those employees not otherwise protected.
19. The Department's Grant ManggeLfuJJb_e_p_urp_o_s_e_oJJhis-'~_[Qjed_AgIe_emenLsba11_____
be responsible for ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The Grantee's Liaison
Agent, as identified in the Project Application, or successor, shall act on behalf of
the Grantee relative to the provisions of this Project Agreement. The Grantee's
Liaison Agent (also known as Grantee's Grant Manager), shall submit to the
Department signed Project status reports every ninety (90) days summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the Department. Any and all notices
shall be deemed effective and sufficient if sent via U.S. mail, facsimile (fax), or by
hand-delivery to the parties at the following addresses:
Grantee's Liaison Agent
Name: Mr. Chuck Pula, Parks and Recreation
Director
Entity: City of Winter Springs
Address: 1126 East State Road 434
City, State, Zip: Winter Springs, FL 32708
Phone: 407/327-6590
Sun Corn Phone:
Fax: 407/327-4763
SunCom Fax:
Email:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No, LW470, Page 6 of 12
DEP 55-238 (12/03)
Department's Grant Manager
Name: Collier Clark
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850) 488-7896
SunCom Phone: 278- 7896
Fax: (850)488-3665
SunCom Fax: 278-3665
Email: collier.c1ark@dep.state.f1.us
20. Prior to final reimbursement, the Grantee must erect a permanent information
sign on the Project site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDOI and the
Department.
21. The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
22. This 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 Agreement,
unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
23. 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 LWCF funds provided to the Grantee
for non-compliance 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. Inb~rest on any refund shall be calculated and determined pursuant
to S,ection 55.03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by GranteH.
24. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its 'lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
25. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in acquiring and 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 ap'plicable building
codes. The Grantee further agrees to ensure that the Grantee will include the
DEP Agreement No. LW470. Page 7 of 12
DEP 55-238 (12/03)
requirements of this paragraph in all subcontracts made to perform this Project
Agreement. .
26. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction wen3 competitively bid pursuant to applicable law and the Manual.
27. If asphalt paving is required for the Project it shall conform to the Florida
Department of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
28. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 62D-5.074(1)
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
. State of Florida. The_G(aote_e_[e.p[e.s_ents_tbaLiLbas_sufficienLsite_contmLto
enable this dedication. All dedications must be promptly recorded in the county's
official public records by the Grantee.
29. The Grantee agrees to operate and maintain the Proj~ct site as stated in s. 62D-
5.074(2) of the Hule. The Project site, Project-related facilities (if any), and any
future outdoor recreation facilities developed on the Project site shall be open to
the general public for outdoor recreation use,. maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project-relat~d facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
30. The Grantee shall not, for any reason, convert all or any portion of the park for
any purpose other than public outdoor recreation without prior approval of the
USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act and the
Manual and s. 62D-5.074(3) of the Rule. .
31. Failure to comply with the provisions of the Rule or the terms and conditions of
this 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.
32. 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
DEP Agreement No. LW470, Page 8 of 12
DEP 55-238 (12/03)
Agreement and this Project Agreement shall control over the Project Application
documents.
33. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the applicant a notice in
writing and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall cancel this
Project Agreement.
34. In accordance with the LWCF Act, Program funds will be made available
contingent upon an. annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
35. A.
The Grantee certifies that no Federal appropriated funds have been paid
or will be paid, on or after December 22, 1989, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer
or employee of an agency, a Member of Congress, an officer or employee
oLGong[eSS,~OLan-employ-ee_ota_Member_otGong[essrirLcollnectioll-with- -- -,
the awarding, renewal, amending or modifying of any Federal contract,
grant, or cooperative agreement. If any non-Federal funds are used for
lobbying activities as described above, the Grantee shall submit
Attachment B, Standard Form-LLL, "Disclosure of Lobbying Activities"
(attached !hereto and made a part hereof), and shall file quarterly updates
of any material changes. . The Grantee shall require the language of this
certification to be included in all subcontracts, and all subcontractors shall
certify and disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state agency.
36. 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
maintainin~~ the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be .
DEP Agreement No. LW470. Pa!~e 9 of 12
DEP 55-238 (12/03)
directed to the Florida Department of Management Services, . Office of
Supplier Diversity at (850) 487-0915.
37. 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 eithHr party of its sovereign immunity or the provisions of s. 768.28,
Florida Statutes, and other statutes that provide immunity to the Department or
the State.
38. A person or affiliate who has been placed on the convicted vendor list following a
conviction for 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, or Category Two, for a period of
36 months from the date of being placed on the convicted vendor list.
39. A.
In accordance with Executive Order 12549, Debarment and Suspension
(43 CFR Part 12), the Grantee shall agree and certify that neither it, nor its
principals, is presently debarred, susp~nded, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this
transactioll-b.y-any-federa1-department-or-agency.;-and,-that-the-Grantee----- -
shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by
USDOI to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a copy of the form entitled "Certification
Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions", attached hereto and made a
part hereof as Attachment C.
C. As require,d by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreements executed to s'upport the Grantee's work under this
Agreement.
40. This Project Agmement 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 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 ~greement. Any action hereon or in connection herewith shall be brought
in Leon County, Florida unless prohibited by applicable law.
41. 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 .
DEP Agreement No. LW470, Pclge 10 of 12
DEP 55-238 (12/03)
construed as a waiver of any such breach or default, or any similar breach or
default thereafter. .
42. This Project Agmement is not intende,d nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
43. 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.
44. The parties hereto acknowledge and agree that provisions contained in
paragraphs 3, 4,.14, 21, 27, 28, 29, and 30 shall survive the end date of this
Agreement established in paragraph 1.
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,
duly executed by each of the parties hereto, and attached to the original of this
Project Agreement.
REMALNDEa_OEJ~AGEJNIENIIOJ".JALLY_LEET_BLANK
DEP Agreement No. LW470. Page 11 of 12
DEP 55-238 (12/03)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF WINTER.'SPRI.NGS, .
By:
By: j(CflAR.4 tV,_ 'l11Xr~."
Division Director
Division of Recreations and Parks
and State Liaison Officer
(or designee)
/? 0 t\I Ii t /) W; Irl C J. t: ~f1 tJ~ r:'J
Printed Name --~
C 1 ~ ~ VV\.A rV" v.-C /l
Title
Date:
Date: Q - '3 -- L.j
FEID No.:
Address:
,Bureau of Design and R.ecreation
------Services-(MS-585)---
Division of Recreations ,and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
CRW-
DEP Grant Manager
Address:
/Cl
Grantee's Attorney
13/'r
Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on
12/08/2003.
Attachments:
Attachment A - Special Audit Require'ments (5 pages)
Attachment B - Disclosure of Lobbying Activities (2 pages)
Attachment C - Certification Regarding Debarment/Suspension (2 pages)
DEP Agreement No. LW470, Pa.ge 12 of 12
DEP 55-238 (12/03)
ATTACHMENT A
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 attachments.
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-B3, 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
recipierit 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
P-A-RCf-Il-F-EDERAbL-Y-FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMS
Circular A-B3, as revised.
1. In the event that the recipient expends $300,000 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 I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordanl~e 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 of OMB 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-133, as
revised.
3. If the recipient expends less than $300,000 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 $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordanee with the provisions ofOMB 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 infomlation regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at htto://asr>e.os.dhhs.gov/cfda.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No, L W470, Attachment 11, Page 1 of 5
DEP 55-215 (0.1102)
PART II: STATE FUNDED
This part is applicable if the recipient is a nons tate entity as defined by Section 215.97(2)(1), Florida Statutes.
I. In the event that the rl~cipient expends a total amount of State financial assistance equal to or in excess of .
$300,000 in any fiscal year of sJ,lch recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the 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 I to this
Agreement indicates State financial assistance .awarded through the Department of Environmental
Protection by this Agreement. In detennining 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, 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;OOO-in-State-financial-assistance-in-its-fiscal-year-and-elects-to-have-an-
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit.
,must be paid from the non-State entity's resources (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://sun6,dms,stateJlus/fsaa/catalog.htm or the
Governor's Office of Policy and Budget website located at httJJ://www.eog.state.flus/ for assistance. In
addition to the above websites, the following websites may be accessed for infonnation: Legislature's
Website htm://www.leg.state.fl.us/, Governor's Website htto://www,flgov,com/, Department of Banking
and Finance's Website http://www.dbf.state.fl.us/. and the Auditor General's Website
htto:/ /www.state.fl.us/audgen.
PART nI: 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
I. 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), OMS
Circular A-B3, as revised, by or on behalf of the recipient d,irectly 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
DEP Agreement No. LW470, Attachment A, Page 2 of 5
DEP 55-215 (01/02)
,.,
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
Bumau of the Census
1201 East lOth Street
Jefft:rsonville, 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 de:icribed 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 32399-24QO
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directlv 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 40 I, 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 recipi.ent directlv to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit lmd 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.
DEP Agreement No, LW470, Attachment A, Page 3 of 5
DEP 55-215 (01/02)
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 P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No, LW470, Attachment fl, Page 4 of 5
DEP 55-215 (01/02)
EXHIBIT - 1 I
I
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF ljHE FOLLOWING:
..
Federal Resources Awarded to the ReciDient Pursuant to this Agreement Consist of the Following:
Federal' I State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
12-00470 U.s. Department of 15-916 Land and Water Conservatioh Fund $200,000.00 140001-03
Interior I
I
I
I
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the following Matchina Resources for Federal Programs:
Federal I State
Program Appropriation
Number Federal Agency CFDA CFDA Title FundinQ Amount Category
I
I
I
I
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the F.ollowing Resources Subiect to Section 215.97, F.S.:
Catalog of I
State
Financial CSFA Title State
State State . Assistance F d' S I or D . r ' Appropriation
Program Funding Source Fiscal Year Number un mg ource escnp Ion Funding Amount Category
Number I
I
I
,
I
I
I
I
I Total Award I $200,000.00 Iffif~~~~l~2ii~*~1
For each program identified above, the recipient shall comply with the program requirements 1escribed in the Catalog of Federal Domestic Assistance (CFDA)
rhtto://asoe.os.dhhs.gov/cfdal and/or the Florida Catalog of State Financial Assistance (CSFA) htt : sun6Idms.state.f1.us fsaa catalo .htm. The services/purposes for which the
"md' ace to be ""'" ace ;od<Hled '0 the Cootract ""pe of ",,,;'e;fwo"'. Aoy maOCh I "'"','" by the ",ap'oot " dea"" ;""""'"" '0 th, Contrad
DEP Agreement No. LW470, Attachment A, Page 5 of 5
DEP 55-215 (01102)
Approved by OMB
0348-0046
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U,S,c, 1352
(See reverse for public burden disclosure,)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
D a, contract D a, bid/offer/application D a, initial filing
b, grant b, initial award b, material change
c. cooperative agreement c, post-award
d, loan For Material Change Only:
e, loan guarantee
f. loan insurance year quarter
date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Sub awardee, Enter Name
o Prime 0 and Address of Prime:
Subawardee
Tier __, ifknown:
*- - ._~
Congressional District, if known: Congressional District, ifknown:
6. Federal DepartmenUAgency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, ifknown: 9. Award Amount, ifknown:
$
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual. last name, first name. Ml): different/rom No, lOa)
(last name. first name, Ml):
(attach Continuation Sheet(s) SF-LLLA. i{necessarv)
II. Information requested through this form is authorized by title 31 U.S.C. Signature:
section 1352. This disclosure of lobbying activities is a material Print Name:
representation of fact upon wbicb reliance was placed by the tier above
when this transaction was made or entered Into. This disclosure is
required pursuant to 31 U.S.c. 1352. Tbls Information will be reported to Title:
Congress semi-annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date:
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Federal Use Only: Authorized for Local Reproduction
Standard Fonn - LLL (Rev 7 - 97)
Form DEP 55-221 (01101)
DEP Agreement No. LW470, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make pay~ent to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by the reporting entity for this covered
Federal action.
4. Enter the full name,. address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a pri,me or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgr.ants-and-contrnct-awards~under_gr.allts. . ___ _
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal prl[}gram name or description for the covered Federal action (item 1). If known, enter
the full Catalog of f'ederal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request JorProposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4
or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full nll1mes of the individual(s) performing services, and include full address if different
from 10 (a). Ente)' Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducln this burden, to the Office of Mana ement and Bud ct, Pa erwork Reduction Pro'ect 0348-0046 Washin ton, D.C. 20503.
Form DEP 55-221 (01/01)
DEP Agreement No. LW470, Attachment B, Page 2 of 2
<;
ATTACHMENT C
CERTIFICA TION RJ~GARDING 'DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALJL Y FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW470
1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies filat it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for cOlTunission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or 'destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2,(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
3. 'Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification,
Dated this
day of
,20_,
By
Authorized Signature/Contractor
Typed NamefTitle
Contractor's Firm Name
Street,Address
Building, Suite Number
City/State/Zip Code
Area CodefTelephone Number
Form DEP 55-220 (01101)
Page 1 of2
DEP Agreement No. LW470, Attachllllent~, Page 1 of 2
"
.-
INSTRUCTIONS FOR CERTIF][CATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations,
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9~ subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it detemlines the eligibility of its principals, Each participant may, but is not required to, check the
Nonprocurement List (Telephone No, (202) 501-4740 or (202) 501-4873,)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the, Federal Government, the DEP or agency with which this transaction originated may pursue available 'remedies,
including suspension and/or debamlent.
DEP FORM 55-220 (01101) Page 2 01'2
DEP Agreement No. LW470, Attachment~, Page 2 0(2
..1....
12-00470
(LWCF Project Number)
LW470
DEP Contr~ct Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2002-2003
PROJECT AGREEMENT - ACQUISITION
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Departmenf'), and the CITY OF WINTER SPRINGS, whose address is 1126 East
State Road 434, WinteJ SprinQs, FL, 32708 (hereinafter called the "Grantee"), a local
government, in furtherance of the Central Winds Park Expansion II project, an approved
outdoor recreation project.
WHEREAS, the Department receives funds for the purpose of passing through
the agency as grants to other entities in accordance with Section 375.021(4), Florida
Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the 'Grantee has submitted Project Application number 373, which
has been ap-Qroved by-1.he DeQiLrtment. _ _______ _ ___ ____d _ ______ _ ___
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall be effective upon execution of this Project
Agreement and E!nd no later than one year from the date of execution, inclusive.
The Project AgrE!ement shall be performed in accordance with Chapter 620-5,
Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and
Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat897,
as amended, (hereinafter called 'the Act)" and in accordance with general
provisions for such agreements prescribed by the United States Department of
the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual,
(hereinafter CallE!d the Manual). The Manual refers to the federal code of
regulations (CFRs) applicable to this Agreement. The following table identifies
several of the key CFRs addressed in the Manual, but does not limit the Grantee
to compliance with only the CFRs identified in the table.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW470, Page 1 of 12
DEP 55-238 (12/03)
i 'I,
CFR Cite Title
36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post-
Completion Compliance Responsibilities
36 CFR 800.8 Coordination With the National Environmental Policy Act
43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance
Proqrams
43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of
Interior
The Grantee agrees to become familiar with all provisions and comply with the
Rule, effective .July 15, 2001, and Mahual, which are incorporated into this
Project Agreement by reference, as if fully set forth herein. In the event a dispute
should arise between the parties concerning the intent of any language herein
contained, the same shall be resolved by the adoption of that meaning which
furthers the intent and purpose of the above referenced Act and the general
provisions governing this Project Agreement as set forth in the Manual. No
construction shall be contrary to the requirements of the Acts of Congress or of
the regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is the primary purpose
of the proiect known as Central Winds Park Expansion II (Land and. Water ,..",________
Conservation Fund, LWCF Project Number 12-00470), hereinafter called the
Project, and enters into this Project Agreement with the Grantee for the
acquisition of that real property, the legal description of which shall be submitted
to the DepartmEmt as described in the Land and Water Conservation Fund
Program Approved Project Documentation Form, DEP Form FPS-A048. The
. approved Project Application, which includes the Project Elements (description of
project, detailed budget, and anticipated deliverables), is incorporated into this
Project Agreement by reference as if fully set forth herein. Any revisions to the
Project Elements as set forth in the aQQroved Project Application must be, ______
formally requestEld by the Grantee and, if agreed upon by the Department, the
modifications will be reduced to writing in an amendment to this Agreement.
3. Within three (3) years from the completion date set forth in the Project completion
certificate, unless extended by the Department for good cause at the written
request of the Grantee, the Grantee will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements in accordance with
the following elements: Tennis courts, basketball courts, trail, park road,
parking and other related support facilities.
4. The PrOject Elements identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the Project Application. Project Site facilities shall be attractive
for public use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements and facilities shall be in
accord with currt:mt and established engineering and architectural standards and
practices. Emphasis should be given to the health and safety of users,
accessibility to the general public, and the protection of the recreational and
natural values of the area. This site development plan may be altered by the
Grantee, only after written approval by the Department. Any and all utility lines
DEP Agreement No. LW470, Page 2 of 12
DEP 55-238 (12/03)
'.
installed within the park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architE~ct or engineer licensed in accordance with the laws of the State
of Florida.
5.
A.
The Department shall pay the Grantee on a reimbursement basis the
eligible Grant amount not to exceed $200.000.00, which will pay said
federal program's share of the cost of the Project. Program funding limits
are based upon the following:
Total Department (federal) Program Amount
Grantee Match Amount
Total Project Cost
$200,000.00
$200,000.00
$400,000.00
Type of Match (Cash and/or Donations)
S.Within sixty (60) days after receipt of the 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 Land and Water Conservation Fund
-------:------gmgram-Hequir-eO----gmj@Gi--CQmpl@tiQt'l-QQGumentatioo-F-0r-m,Q~~Fffl----,---------
FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will
approve the request for payment.
6. In addition to thB invoicing requirements contained in paragraph 5 above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant
to State and Federal guidelines - (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 30
calendar-days-of--suGh-request.-1=he-Gr-aritee-may-alse-be'-required-,te-'su Bmit-a-~ - - -
cost allocation plan to the Department in support of its multipliers (overhead,
indirect, general .administrative costs, and fringe, benefits). All bills for amounts
due under this A~~reement shall be submitted in detail sufficient for a proper pre-
audit and post-audit thereof. State guidelines for allowable costs can be found in
the Florida Department of Financial Service's Reference Guide for State
Expenditures (March, 2003) at. www.dbf.stateJl.us/aadir/reference quide and
allowable costs for federal programs can Be found under 48 CFR Part 31 at
htto://www.access.qpo.Qov/nara/cfr/cfr-table-search.htmland OMS Circulars A-87, A-
122, A-21, at htto:/Iwww.whitehouse.qov/omb/circulars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement. '
8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant
and Contract Accountability Procedure, hereinafter called the Procedure and
incorporated into this Project Agreement by reference as if fully set forth herein.
All purchases of !~oods and services for accomplishment of the Project shall be
secured in accordance with the procurement requirements specified in 43 CFR
12.76. Expenses representing the Project costs, including the required matching'
contribution, shall be reported to the Department and summarized on certification
DEP Agreement No. LW470. Pa!~e 3 of 12
DEP 55-238 (12/03)
forms provided in the Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed under the Project.
The parties further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
9. If the Grantee has been granted a waiver of retroactivity (as defined in s. 62D-
5.069(47), F.A.C.) and all applicable Manual requirements have been satisfied,
the full Project amount may be reimbursed upon completion of the Project if such
costs are identified in paragraph 10 herein as eligible costs incurred prior to
execution of this Project Agreement.
10. Project funds may be reimbursed Jor eligible Preagreement Expenses (as
defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in s. 62D-5.073(2)(a) 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 eXEicution of this Project Agreement with the exception of the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
Preagreement Costs Approved:
Descri )tion of Work Performed
Land Ac uisition
Amount A roved
$400,000.00
Total Prea reement Costs A roved: $400,000.00
11. A. Prior to commencement of Project acquisition, the Grantee shall submit
~""-~----~t!:le~docurnentation"~r:equir:ed-by-the-Land~and-Water-Conservation-F-und"- ----
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5.073(7)(e) 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.
B. Upon execution of this Project Agreement, the Grantee acknowledges the
prior receipt of the LWCF Grants-in-Aid Manual,' the Division of Recreation
and Parks' Grant and Contract Accountability Procedures, and the
required project commencement documents listed below that must be
completed by the Grantee, if applicable, and returned to the Department
within sixty (60) days following the execution date of this Project
Agreement
C. Required Project Commencement Documentation for Acquisition
Agreement.s:
1. Grantee Documentation of Condemnation (if applicable)
2. Written Offer to Purchase with Statement of, or waiver of, Just
Compensation
DEP Agreement No. LW470, Page 4 of 12
DEP 55-238 (12/03)
3~ Relocation Plan for Displaced Residents (PL91-646, if applicable)
4. Mean or Ordinary High Water Survey (if applicable)
5. Appraisal (2 copies)
6. . Boundary Survey
7. TitlH Search
8. Certification of Manual Possession
12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of this Project and shall certify that it has done
so to the Department by completing the Land and Water Conservation Program'
Project Permitting Certification, DEP Form FPS-A052, referenced in s. 62D-
5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project acquisition by the completion date
established in paragraph 1, above.
14.
A. The Grantee shall maintain books, records and documents directly
pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
---'lCCeSS-1o_~e.cmdLf.Qr_audiLpJJrp.Qses during_tl1ELterm of tb~_.___,__
Agreement and for five years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each
subcontractor to maintain and allow access to such records' for audit
purposes.
B. The Grantl3e agrees that if any ,litigCition, claim, or audit is started before
the, expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have_ been resolved and final action taken._________
C. Records for real property and equipment acquired with federal funds shall
be retained for five years following final disposition.
15. In addition to the provisions contained in Paragraph 14 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements; attached hereto and made a part hereof. A revised copy of
Attachment A, 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 A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at 850/488-7896 to request
a copy of the updated information.
16. 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
DEP Agreement No. LW470, Pa~le 5 of 12
DEP 55-238 (12/03)
by the Grantee, will inform the Grantee of any reimbursement due the
Department.
17. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department. The Department shall have no liability except as
specifically provided in this Project Agreement.
18. To the extent required by law, the Grantee will be self-insured against, or will _
secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter'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 Florida
Workers' Compensation _ law, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of those employees not otherwise protected.
19.
The Department's Grant Manager for ttla..purp_Q5-e-OLtbls-E[Oje_ctAgIaemeoLsb~__.____
be responsible -for ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The Grantee's Liaison
Agent, as identifiEld in the Project Application, or successor, shall act on behalf of
the Grantee relative to the provisions of this Project Agreement. The Grantee's
Liaison Agent (also known as Grantee's Grant Manager), shall submit to the
Department signed Project status reports every ninety (90) days summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the Department. Any and all notices
shall be deemed 13ffective and sufficient if sent via U.S. majl,J_a_c.slOlUejiax),_ocby___
hand-delivery to tl1e parties at the following addresses:
Grantee's Liaison Agent
Name: Mr. Chuck Pula, Parks and Recreation
Director
Entity: City of Winter Springs
Address: 1126 East State- Road 434
City, State, Zip: Winter Springs, FL 32708
Phone: 407/327-6590
SunCom Phone:
Fax: 407/327 -4 763
SunCom Fax:
Email:
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DEP Agreement No. LW470, Pane 6 of 12
DEP 55-238 (12/03)
20.
21.'
22.
23.
Department's Grant Manager
Name: Collier Clark
Entity: . Florida Department of Environmental
Protecti.on
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850)488-7896
SunCom Phone: 278- 78~6
Fax: (850)488-3665
SunCom Fax: 278-3665
Email: collier.clark@dep.state.fl.us
Prior to final reimbursement, the Grantee must erect a permanent information
sign oil the Project site which credits Project funding or a portion thereof, from
the Land and \tVater Conservation Fund Program through the USDOI and the
Department.
The Department and USDOI have the right to inspect the Project and any and all
records related t1lereto at any reasonable time.
This 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 Agreement,
unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
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 LWCF funds provided to the Grantee
for non-colTIpliance with th.e - m-,~tfu::laLta(r:n~LoUbis_e.(ojed_Agr:e_emeot._llle__
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. IntElrest on any refund shall be calculated and determined pursuant
to S,ection 55.03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of paymelnt(s) to the Grantee by the Department to the date repayment is
made by Grantee.
24. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, - should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded. .
25. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in acquiring and 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 ap'plicable building
codes. The Grantee further agrees to ensure that the Grantee will include the
DEP Agreement No. LW470, Pa!~e 7 of 12
DEP 55-238 (12/03)
, .
requirements of this paragraph in all subcontracts made to perform this Project
Agreement.
26. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the Manual.
27. If asphalt paving is required for the Project it shall conform to the Florida
Department of Transportation's specifications .for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
28.
29.
30.
31.
32.
By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 62D-5.07 4( 1)
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
State of Florida. The Grante.eJ..epr.e.sentLtbaLiLb~sufficjenLs.itfLc.ont[QLtcL-____.____
enable this dedication. _ All dedications must be promptly recorded in the county's
official public records by the Grantee.
The Grantee agnees to operate and maintain the Project site as stated in s. 62D-
5.074(2) of the Rule. The Project site, Project-related facilities (if any), and any
future qutdoor recreation facilities developed on the Project site shall be open to
the general publ!ic for outdoor recreation use,' maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and-p-rovide fOLs_afe_p-ubli.c_us.e.._lhe_Gl:ante.e_c.mleoants_tbaULbas__ ___
full legal authority and financial ability to develop, operate and maintain said
Project-related facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
The Grantee shall not, for any reason, convert all or any portion of the park for
any purpose other than public outdoor recreation without prior approval of the
USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act and the'
Manual and s. 62D-5.074(3) of the Rule.
Failure to comply with the provisions of the Rule or the terms and conditions of
this 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.
In the event of conflict in the provisions of the Rule, the Project Agreement and
the Project Applioation, the provisions of the Rule shall control over this Project
DEP Agreement No. LW470, Page 8 of 12
DEP 55-238 (12/03)
Agreement and this Project Agreement shall control over the Project Application
documents.
33. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the applicant a notice in
writing and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall cancel this
Project Agreement.
34. In aCcordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
Commitment of fUlture appropriations.
35. A.
36. A.
The Grantee certifies that no Federal appropriated funds have been paid
or will be paid, on or after December 22, 1989, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer
or emploYl3e of an agency, a Member of Congress, an officer or employee
of Gong[8ss,~.oLan-8ffiploy-eaotaMember-OLCongress,jn-connection-with--_~u__.u__.
the awarding, renewal, amending or modifying of any Federal contract,
grant, or cooperative agreement. If any non-Federal funds are used for
lobbying activities as _ described above, the Grantee shall submit
Attachment B, Standard Forni-LLL, "Disclosure of Lobbying Activities"
(attached hereto and made a part hereof), and shall file quarterly updates
of any material changes. . The Grantee shall require the language of this
certification to be included in all subcontracts, and all subcontractors shall
certify. and disclose accordingly. (43 CFR Part 18)
B.
In accordance with Section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state'agency.
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 thl3 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
maintainin~l the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be_-
DEP Agreement No, LW470, Pa!~e 9 of 12
DEP 55-238 (12/03)
.'
directed to the Florida Department of Management Services, . Office of
Supplier Diversity at (850) 487-0915.
37. 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 s. 768.28,
Florida Statutes, and other statutes that provide immunity to the Department or
the State.
38. A person or affiliate who has been placed on the convicted vendor list following a
conviction for 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, or Category Two, for a period of
36 months from tile date of being placed on the convicted vendor list.
39.
A. In accordance with Executive Order 12549, Debarment and Suspension
(43 CFR Part 12), the Grantee shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily exc,luded from participation in this
transactior:dl-y-ar:lyJeder.al-department-or:.-agenG}l;-ar:ld.,that-the-Grantee------- .....
shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by
USDOI to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a copy of the form entitled "Certification
Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -
_ _L_o.w.eLljeLEeder:ally_Euo.d.e.d_lr:aosactions~,_attached_hereto_and_made_a___
part hereof as Attachment C.
C. As required by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreements executed to support the Grantee's work under this
Agreement.
40. This 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 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 rElmainder 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.
41. No delay or failurEl to exercise any right,. power or remedy accruing to either party
upon breach or dBfault 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 .
DEP Agreement No, LW470, Pa~le 10 of 12
DEP 55-238 (12/03)
construed as a waiver of any such breach or default, or any similar breach or
default thereaftel". -
42. This Project Agn3ement is not intended nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
43. 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.
44. The parties hereto acknowledge and agree that provisions contained in
paragraphs 3, 4, 14, 21, 27, 28, 29, and 30 shall survive the end date of this
Agreement established in paragraph 1.
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,
duly executed by each of the parties hereto, and attached to the original of this
. Project Agreement.
_.BEMAlliIOER-DEJ~AG.EjNIENILQNALLY_LEE.LBLANK
DEP Agreement No. LW470, Pa~le 11 of 12
DEP 55-238 (12/03)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF WINTER SPRINGS. .
.~ 1 .
Division DireCtor
Division of Recreations and Parks
and State Liaison Officer
(or designee)
By: ;?CUIJ.~ jJ,,_ 'l#~r~.'-
By:
Date:
I? 0 t\J l1l /.J LJ; j'fl C J.. e i1(I 04...(:)
Printed Name '-~
Cl~~ vV\.Ar\J^~C/l
Title
Date: ~ -'3 -- ~
FEID No.:
Address:
. Bureau of Design and R.ecreation
------8erviees-tM&585)------------
Division of Recreations and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32:399-3000
~0JJ-
DEP Grant Manager
Address:
4 ~/Jlr
Grantee's Attorney
Approved as to form and legality.for
--- ---use-for-one-year-by-Suzanne-Brantley;------------ ----- -------- - -- -- -- h_.
Assistant General Counsel on
12/08/2003.
Attachments:
Attachment A - Special Audit Require'ments (5 pages)
Attachment B - Disclosure of Lobbying Activities (2 pages)
Attachment C - Certification Regarding Debarment/Suspension (2 pages)
DEP Agreement No. LW470, Pa!~e 12 of 12
DEP 55-238 (12/03)
ATTACHMENT A
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 attachments.
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 SCOpt: audits as defined by OMB Circular A-B3, 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
-PA-R-]:"I~-F-EDERAl,b-Y--FUNJllED
This part is applicable if the recipient isa State or local government or a non-profit organization as defined in OMB
Circular A-B3, as revised. .
1.
In the event that the recipient expends $300,000 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 Federalfunds 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-guiuelinesestablished-by-e MB-eircular-A~I-33-;-anevised~-An-audit-of- .
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-B3;
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I" the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as
revised.
3. If the recipient expends less'than $300,000 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 $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB 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 acc.ess information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at hrtp://aspe,os.dhhs,g;ov/cfda. .
REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK
DEPAgreement No. LW470, Attachment A, Page I of 5
DEP 55-215 (0.1102)
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, 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. EXillBIT 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 fmancial reporting package as defined by Section 215,97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental .;:ntities) 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, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required, In the event that the
-----.--recipien-t-expends-Iess-tlian-$3-66;OOO-in-State-tinancial-assistance-in-its-fiscal-yearand-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 htto://sun6,dms.state,fl,us/fsaalcatalog.htm or the
Governor's Office of :Policy and Budget website located at htto://www.eog.state.fl.us/forassistance.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 Website htto://www,flgov.com/, Department of Banking
and Finance's Website http://www.dbf.state.fl.us/. and the Auditor General's Website
htto;//.w-ww.state.fl.us/,mdgen,----- - --- - ~--
PART ill: 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
conductf!d 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
l. 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:
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
DEP Agreement No, LW470, Attachment 11, Page 2 of 5
DEP 55-215 (01/02)
B. The Federal Audit Clearinghouse designated in OMB Circular A-l33, as revised (the number of
copies required by Sections ,320 (d)(1) and (2), OMB Circular A-l33, 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 de:;Gribed in Section ,320(c), OMB Circular A-B3, 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 32399-24QO
3. Copies offmancial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient ~iirect1y to each of the following:
A.
The Department of Environmental Protection at the following address:
Audit Director
Florida Depm:tment 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
--Roorrr-401,elaude-Pepper-Building-- --
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or m:magement 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
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-i33, 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 pae<kage was delivered to the recipient in correspondence accompanying the reporting
package. .
DEP Agreement No, LW470, Attachment A, Page 3 of 5
DEP 55.-215 (01102)
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. LW470, Attachm(mt 11, Page 4 of 5
DEP 55-215 (01/02) .
i
! EXHIBIT - 1 I
FUNDS AWARDED TO lliE REQPIENT PURSUANT TO nns! AGREEMENT CONSIST OF rE FOLLOWING:
<l :
Federal Resources Awarded to the Recipient Pursuant to this AQreement Consist of the Followina:
Federal' State
Program CFDA I Approp'riation
Number Federal Aqencv Number CFDA Tit e Fundina Amount Cateaorv
12-00470 U.S. Department of 15-916 Land and Water Conservatio , Fund $200,000.00 140001-03
Interior I
i
!
I
I
I
State Resources Awarded to the ReciDient Pursuant to this AQreement Consist of the Ifollowina Matchina ResourceS for Federal Pl'OQrams:
Federal ] j State
Program Appropriation
Number Federal Aqencv CFDA CFDA Ti~e Fundina Amount Cateaorv
I I
I
I I
I
I I
I I
I I
State Resources Awarded to the Red ient Pursuant to this A reement Consist ofthe lTollowin Resources Sub'ect to Section 215.97 F.S.:
;Catalog of j
I' State
Financial FA Title
State . :<\ssistance I or. .
Fiscal Year i Number Funding Source Description'
I
I
I
I
I
I
I
For each program identified above, the recipient shall comply Jtb the program requirements hescribed in the Catalog of Federal Domestic Assistance (CFDA)
rhtto:lIasoe.os.dhhs.oov/cfdal and/or the Florida Catalog of State Finan~ial Assistance (CSFA) htt : sun6idms.state.fl.us fsaa catalo .htm. The services/purposes for which the
funds are to be used are induded in the Contract scope oft services/work. Any match uired by the recipient is dearly indicated in the Contract.
I
State
Program
Number
Funding Source.
Funding Amount
State
Appropriation
Category .
I
i
I
Total Award
200 000.00
DEP Agreement No_ LW470, Attachment A, Page 5 of 5
DEP 55-215 (01/02)
..
Approved by OMB
0348-0046
ATTACHMENTB
DISCLOSURE OF LOBBYING ACTIVITIES
COlTlplete this form to disclose lobbying activities pursuant to 31 U.S.c. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
D a. contract D a. bid/offer/application D a. initial filing
b. grant b. initial award b. material change
c, cooperative agreement c. post-award
d, loan For Material Change Only:
e. loan guarantee
f. loan insurance year quarter
date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address of Prime:
o Prime 0 Sub awardee
Tier __' ifknown:
--_.~ ----..------.-.--------
Congressional District, ifknown: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, ifapplicable:
8. Federal Action Number, ifknown: 9. Award Amount, ifknown:
$
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
__ __Cifindi".!..dual,jast nP!!!2..first name, J'!.!J-'-----_.__ __ . .--- _ _ _lJ.ifJll!:..ent from No.1 Oa)_____ -_. ---- ~--~ --. - -
(last name, first name, MI):
(attach Continuation Sheet(s) . SF-LLLA, i[necessary)
11, Information requested througb tbls form. Is autborlzed by title 31 V.S.c. Signature:
section 1352. This disclosure of lobbytng activities is a material Print Name:
representation of fact upon wblch reliance wns placed by tbe tlcr above
when this transaction was made or entered Into. This disclosure Is
required pursuant to 31 V.S.C. 1352. Thl.llnrormatlon will be reported to Title:
Congress semI-annually and will be available for public Inspectlou. Any
person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date:
penalty of not less tban 510,000 and not more tban $100,000 for eacb such
failure.
FelleraliUse(>iily: : Authorized for Local Reproduction
.. . .... Standard Form -- LLL (Rev 7 -- 97)
Form DEP 55-221 (01/01)
DEP Agreement No. LW470, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be compReted by the reporting entity, whether sub awardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U$.C. section 1352. The filin~: of a form is required for each .payment or agreement to make pay~ent to any
lobbying entity for influencing or attempting to influence an .officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementin'g guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered F:ederal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by the reporting entity for this covered
Federal action.
4.
Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., tlie first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants..and-contra.ct-awardS-u-nder-g~ants.__. . ___ .~__.~._
5. If the organization filing the report in item 4 checks "Sub awardee" , then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7.
Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan com~!!ments.____________._ _. _______ H_ ____________ ___
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
.by the Federal agency). Include prenxes, e.g., "RFP-DE-90-00l."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Fedtlnil amount of the award/loan commitment for the prime entity identified in item 4
or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and' telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of Information unless It
displays a valid OMB Control Number. The valid OMB control number for this Information collection Is OMB No. 0348-0046. Public
reporting burden for this collection of information Is estimated to average 30 minutes per response, Including time for reviewing
instructions, searching existing datu sources, gathering and maintaining the. data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of Information, including suggestions for
reducln this burden, to the Office of Mima ement and Bud et Pa erwork Reduction Pro ect 0348-0046 Washin ton D.C. 20503.
Fonn DEP 55-221 (01/01)
DEP Agreement No. LW470, Attachment B, Page 2 of 2
".
ATTACHMENT C
. .
CERTIFICATION IU:GARDING'DEBARMENTS, SUSPENSION, INELIGmILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW470
1. The undersigned hereby .certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declaredineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies tllat it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for conunission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutl~s or commission of embezzlement, theft, forgery, bribery, falsification or'destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for l;ause or default. .
3. . Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this
day of.
.20_,
By
Authorized Signature/Contractor
Typed Namerritle
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Coderrelephone Number
Form DEP 55-220 (01/01)
Page 1 of2
DEP Agreement No. L W470, Attachment~, Page 1 of 2
.?\-
.. .
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGmILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below,
2, The certification in this clause is a material representation of fact upon whicl1 reliance was placed when this transaction was
entered into. If it is later detennined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules. implementing Executive Order 12549 . You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations,
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 .
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause. titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7, A p~~ipan~_in a covered tran,!'action may rely upon a certi!ication _of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it detemlines .the eligibility of its .principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system' of records in order to render in good
faith the certification required by this cla\lse, The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the,Federal Government, the DEP or agency with which this transaction originated may pursue available 'remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01101) Page 2 of 2
DEP Agreement No. LW470, Attachment ~ Page 2 of '2