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HomeMy WebLinkAbout2003 08 11 Consent A Central Winds Park Improvements COMMISSION AGENDA ITEM A CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR 08/11/03 Meeting MGR. ~ /DEPT C-\Y Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to apply for a Recreational Development Assistance Program Grant for continued Central Winds Park Improvements and authorize the City Manager to apply for this grant on behalf ofthe City of Winter Springs. . PURPOSE: The purpose of this item is to apply for potential grant funds in the amount of $200,000.00 for Parks and Recreation Improvements to Central Winds Park. CONSIDERATIONS: . The Central Winds Park Improvements include playground, picnic facility, basketball court, bike trail, restroom and playground renovation, signs and security lighting. . The FRDAP Grant Program is a matching grant 50/50 with a maximum of$200,000 awarded. . Staff is in the process of completing all the required grant exhibits in order to meet the September 12,2003 grant deadline. FUNDING: Matching Grant 50/50, $ 200,000 from Park Impact fees in FY 04/05, if selected for funding. RECOMMENDATION: The Parks and Recreation Department is recommending that the City Commission approve this application of a FRDAP grant for Central Winds Park Improvements and authorize the City Manager to apply for the grant on the behalf of the City of Winter Springs. 1 IMPLEMENTATION SCHEDULE: January 2004 July 2004 Sept. - Oct. 2004 Nov. - Dec.2004 January 2005 ATTACHMENTS: Attachment # 1 Project priority list (ranking). Final legislative approval and grant award. Execution of project agreement. Completion of documentation submitted. $200,000.00 funding received by the City of Winter Springs. Florida Recreation Development Assistance Program 2003/2004 Grant Application Package. COMMISSION ACTION: 2 n n 11 : 1 }l ]] 11 ~ Il : 1 1] ~ 1 : I : J : 1 : I : j : 1 : 1 '/ ,I A TT ACHMENT 111 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREAnON DEVELOPMENT ASSISTANCE PROGRAM PART I - GENERAL INFORMATION (DEP USE ONLY) · RECEIVED: POSTMARKED.: APPL NO.: J. APPLICANT INFORMATION A. Name of Applicant: CITY OF WINTER SPRINGS B. Federal Employer Identification Number: 59- 1 0 2 6 3 64 C. Population: 31. 666 D. Current Operating Budget: (I'hu u the operating lnuiget for the city, COIDJIy or special district. and not just the department lnuiget) E. Contact Person: CHUCK PULA Title: P & R DI'RECTOR (/'he contact pem1II u 8OI1IeOne who will be in direct contact with DEP and be 1'UpOIUible for odmini8tering thi8 grant if awarded) Address: StreetIP.O. Box: 1176 Ra~T ~TaT~ Ronp 434 City/State: W.].NTER: SPRINGS, FLZip Code: 32708 Telephone:(407) 3276590 E-mail: c.pula @ FAX: (407) 327-4763 If . . funded, I _Leek h iftbe win:ter s pr i.nqs f 1.. orq b ck. 0 project IS Dot p ease UI ere grantee WlSlies to receave- application a I hereby certify that the information provided in this application is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. (Attach a letter or resolution giving authorization to apply for this grant) Signature of Authorized Representative Date 2. PROJECT INFORMATION A. Name of Project: CENTRAL WINDS PARK PHASE III B. Project Type (Check One): Project cannot be a combination of acquisition and development Acquisition: Development: On land owned by applicant On land currently under site control by applicant Date site control expires: Trail Construction: On land owned by applicant On land currently under site control by applicant Date site control expires: Development projects must be under site control (owned by deed, or leased or dedicated for minimum of 25 years) by the close of the submission period (September 12, 2003). School board property is ineligible. State owned property must include a letter from Department of Environmental Protection's Division of State Lands approving application on development. Include a copy of the site control documents (e.g., deed, lease, etc.). x (please Tab as Exhibit "N") Page 3 of 23 FPS-A033 n n 11 : 1 n 11 ]I 1 J : J 1 J ~ I ~ J ~ J : ] : I ~l ~ 1 , I J l , ! . r 'C. PROJECT LOCATION: Street Address: 1000 EAST STATE ROAD 134 City: WINTER SPRINGS :ZiP Code: 1 ? 7 n R (:ounty: SRMTNOT.R D. LEGISLATIVE DISTRICTS IN WInCH THE PROJECT SITE IS LOCATED: This should be the Florida Senate and Florida House district in which the proposed project site is located. If you are not sure of the district, contact your local office of the Supervisor of Elections, (There is only one each.) . State Senator: LEE CONSTAN'I'INE Senate District Number: 9 State Represent~NDY ADAMS House District Number: 33 E. Briefly describe the physical cbaracteristics of the project. Include land resources, vegetation, fish . and wtldlife, historical, archaeological resoUrces, previous land usage and transportation access as well as other pertinent tnformation. SEE ATTACHED PHYSICAL CHARACTERISTICS OF PROJECT SITE. Page 4 of 23 FPS-A033 n 11 ~ 1 II ~ 1 Il J] il : ] J J : J : ] : J ] 1 11 :1 ~ I : ] . I . I 3. fINANCIAL INfORMATION The Total Project Cost (Line F) mIlst equal the grant request (Line A) plus the totalloctd funds avallable (Line E). This figure (Line F) should not total more than $400,000 for the purpose of this applictltion. A FRDAP Funds Requested LineA $ 200,000 B. Local Funds Available: 1. Cash: Line B $ 200, 00 0 2. In-Kind: Line C $ 3. Land Value Line D $ If property is developed, land value CANNOT be used as a 1lUltch. Total Local Funds Available: LineE$ 200,000 Sum of lines B, C and D C. Total Cost of Proposed Project: LineF $ 400,000 Sum of Lines A. and E c PROJECf COST ESTIMATE (COMPLETE ONLY FOR DEVELOPMENT & TRAILS PROJECTS): The project cost estimate break down is on the following page of this application. If land value is used as match, it should be included under primary cost. Primary costs include all recreation facilities and opportunities. Primary cost must be equal to or greater than fifty percent of the total cost. Remember to include each element in your conceptual site plan. SubmJI a 'conceptual site plan displaying the tueas and fadlities to be developed as proposed on page 6 of this applictztion. The site plan mIlst correlate with the project boundory map and cost estimate. The site plan mIlst CLEARLY DELINEATE between fadlltieslopportunities currently existing, facilities proposed for funding (page 6) in this application and fadlities planned for future development PIeJlse color code your site plan to indJcate fadlJties that are existing, proposed lor funding and planned lor future development (not in this project) (please Tab As Exhibit "G") .;. SEE ATTACHED EXHIBIT "G" Page S of 23 FPS-A033 n :1 : 1 :1 J1 lJ 11 11 1 J 1] : ] : 1 ~ J ~ J ] J :1 : I : I , ! , J PRIMARY RECREA nON AREAS AND FACIUTIES: Including, but not limited to, beach access, picnic facilities, fishing piers, ballfields, tennis courts, trails, trailheads, etc. Costs of planning and site preparation should be included within the cost of each element. Jfthis is a trail project, list the uses or types of trails. Quantity Description . EstimlJtp(l Cost N 1 PLAYGROUND 60,000 E W 1 BASKETBALL COURT 40,000 1 PICNIC FACILITIES 20,000 1 BIKE P~TH TO TRAIL (connected) 100,000 R E N 1 PL~YGROUND 40,000 0 v A T ) 0 N S Total Primary $ 260 000 SUPPORT FACIUTlES AND IMPROVEMENTS: Parking, restrooms, landscaping, security lighting, and other such costs should be included under support costs. Costs of planning and site preparation should be included within the cost of each element. Amenities such as benches, trash calis, utilities. water fountains, or bike racks will receive no points when being scored Quantity Description Estimated Cost N 1 PARK SIGNAGE 30,000 E w 1 SECURITY LIGHTING 60,000 R E N 1 RESTROOM BUILDING 0 50,000 v A T I 0 N s Total Support $1Ll.n nnn TOTAL COST OF PROPOSED PROJECT $ 400.000 Page 6 of 23 FPS-A033 n PART" - EVALUATION CRITERIA n I. GENERAL EVALUATION CRrrERIA Jl 1. CAPITAL IMPROVEMENT PLAN n ] ] 11 11 1 I : ] J 1 ~ J A Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3) fiscal years? Please provide: 1) a copy of the five-year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan, stating project by name, amount and year ad 2) a letter from the agency's chief administratol' certifying the Jive Yelll' ctlpital imprOl1ement schedule is ojJidlllJy adopted. County or City budgets are not the same as capital improvement schedules and are not acceptable. PleDse highUght projea name, tl11IOUnt ad yetii'. (20 points) x Yes No -OR- B. Is the proposed project identified as part of the plan through an adopted resolution committing the applicant to amend their capital improvement plan or schedule and complete the project should it receive program funds? Please provide a copy of a fUlly executed resolution amending the existing schedule to include the proposed project. The resolution must detll'ly indicate the proposed project by name, amount and year. (10 points) Yes No (Please tab as Emibit "A") ~ J 2. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN : 1 ~ 1 } I } I : J : ! FPS-A033 A. Explain how the proposed project would address one or more of the issues or goals identified in the State Comprehensive Outdoor Recreation Plan. Use the OUTDOOR RECREATION IN FLORIDA- 2000 (Chapter 6). Provide quotations 01' other appropriote references with explanatlons to justify the correlation. (please tab as Exhibit "B") (4 points) SEE ArrTACHED EXHIBIT liB" Page 7 of 23 l :1, , : 1 ]1 B. 2005 RELATIVE NEED INDEX BY REGION n JJ ]] ]J ; J 11 ~ J : I ~ I ~ ] : ] ~ I : I ~ 1 : 1 Locate the applicant's region and circle each priority resource/facility need as proposed in the project cost on page 6 of this application which is included in the applicant's planning region: (7 points) I Bicycle Riding * Hiking * Nature Study * Outdoor Swimming Pool Use * ShuIDeboard n x Bicycle Riding m Saltwater Beach Activities * Saltwater Fishing (No Boat) IV v x VI vn vm IX x XI FPS-A033 Bicycle Riding * Saltwater Fishing (No Boat) * Freshwater Beach Activities . XI Freshwater Beach Activities * Saltwater Beach Activities * Bicycle Riding . .... Saltwater Beach Activities * Bicycle Riding ";;-.: ~~ d' Saltwater Fishing (No Boat) * Hiking * Outdoor Swimming Pool Use Bicycle Riding * Freshwater Fishing (No Boat) Saltwater Beach Activities * Bicycle Riding * Hiking Outdoor Swimming Pool Use * Golfing Bicycle Riding * Saltwater Beach Activities * Nature Study * Hiking Tent Camping * Outdoor Swimming Pool Use * Shuftleboard * Golfing Saltwater Beach Activities * Bicycle Riding * Freshwater Fishing (No Boat) Hiking * Outdoor Swimming Pool Use Saltwater Beach Activities * Bicycle Riding * Freshwater Beach Activities Freshwater Fishing (No Boat) * Hiking · Tent Camping * Outdoor Swimming Pool Use, Page 8 of 23 n ;1 3. PUBLIC PARTICIPATION Indicate whicl1 of the following apply (Check ALL that apply): (To receive points for this section any meetings, presentations, or surveys must be held in the current year or within the previous 3 years of application.) . 11 11 J] JJ 1] x x 11 ~ 1 1 J ~ J :J i 1 : J ~ I ~ J ~ J ~ 1 x A. An advertised public meeting was held solely for the purpose of discussing the proposed project. Attach a copy of proof of publication for the advertisement. Meeting must be for the SOLE PURPOSE of discussing the project proposed in the applictJtion. q submitting 2 applictJtions, must hold septl1'ate meeting for em:}, projet:t (unless tlrey are phased projects of tire smne park). The advertisement should indicate that the purpose of the meeting is to discuss a FRDAP grant for this project site. (please tab as Exbibit"C-l") (10 points) B. The project was discussed at a regularly scheduled meeting of the applicam's advisory board responsible for park, recreation and leisure service activities. Provide a copy of the agenda and/or minutes of the advisory board meeting(s) where this project was discussed. The board must be an appointed group of citizens, such as a parks and recreation advisory board., who would normally review .proJects similar to the proposed grant application. Discussion must take place at a regulllrly scheduled meeting. Planning and zoning or similar boards may be used if a parks and recreation advisory board does not exist. CITY OR COUNTY COMMISSIONS ARE NOT CONSIDERED ADVISORY BOARDS. (Please tab as Exlubit "C-2") (7 points) C. Public input on the proposed project was obtained through presentations to community OIW'ni7.:rtions, neighborhood associations and/or a written opinion survey. Provide documentation (agenda, minutes or thank-you letter from an organization, association, etc.) showing that presentations regarding this projet:t . were made to community organizations or groups OR provide a copy of the survey instrument AND a summary of the results and explain how the results relIIte to the proposed project. Letters of support are not acceptable to receive points. (please tab as Exhibit "C-3") (4 points) 4. OPERATION AND MAINTENANCE Capability to develop, operate and maintain the project site: (PleIlse check ONLYone): x The applicam has a full-time recreation or park department staffed to provide facility development, programming and maintenance. If this option is selected, provide a copy of an agency organizational chart. A brief position description may be requested if clarification is needed. (please tab as Exhibit "D") (6 points) The applicam has demonstrated the existence of a full-time ability to provide facility development, programming and ma.intenance. If this option is selected, explain on a separate sheet. (please tab as Exlubit "D") (4 points) . I . 1 FPS-A033 The applicant has other means of providing facility development, programming and maintenance. If this option is selected, explain on a separate sheet. (please tab as Exhibit "D") (2 points) Page 9 of 23 n :1 11 n II 11 11 j ) 1] 1 ) ~ I : j : 1 : ) : I : f ] 1 :. J s. PARK PARTNERSIDP The proposed project is supported through a written cooperative agreement between the applicant and . a private or public entity in which said entity agrees to furnish 10% or more of the total project costs in cash, 1and, or labor services for the development/construction of this project with the applicant holding the leading management responsibility. (A management or D'Ia.intenance agreement is not acCeptable.) Yes No If"Yes'', submit a signed copy of the cooperative agreement. Written agreement must be executed. by the end of the submission period and quantify the donation in monetary units. (please tab as Exhibit "E") (3 points) 6. TRAIL CONNECI'IVITY The project provides for increased trail access by (a) connecting an existing, publicly owned and desirted recreational trail with a project trail outside the project boundary; or (b) connecting two publicly desig1tl'lted trails outside of any park. x Yes No If "Yes", mark and indicate new project trail and where it connects to the existing trail(s) on the project site plan. (Please tab as Exhibit "G") (5 points) II. DEVELOPMENT CRn-ERIA (COMPLETE ONLY fOR DEVELOPMENT PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such a baseball fields, basketball courts, trails, boat ramps, e.tc. (Bullet lists are encouraged. If undeveloped. state None.) (5 points, if undeveloped) 1 LIGHTED SOCCER FIELDS 2 LIGHTED SOFT'~h-FTEliBS 2 LIGHTED BASEBALL FIELDS 2 PLAYGROUNDS 1 NATURE TRAIL COOKING GRILLS 2 PICNIC PAVILIONS 2 RESTROOMS 2 VOLLEYBALL COURTS CONCESSION PARKS AND RECREArrION OFFICE PAVED AND GRASS PARKING 2 SOCCER PRACTICE FIELDS 2 FOOTBALL PRACTI~E FIELDS 2 BASEBALL PRACTICE FIELDS 2 SOFTBALL PRACTICE FIELDS Page 10 of23 FPS-A033 J 1 n 11 J] ]J J1 J] 2. INFRASTRUCfURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA A B. 11 : ] ]J : 1 ~ J : 1 : 1 ; j ] I : 1 : ] : 1 List the filcilities which are addressed on page 6 of this application which are identified in the priority ranked index clusters of outdoor f3ci1ities needs for renovation and/or new construction identified .within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida" effective Dec:ember 1995. (See attached pages 15-19 for Priority RonIced Index Clusters. A project facility not listed In the priority ranked indexes will receive a score of a similar pc/Illy Included in the int/ern. as determined by the Deportment stqff.) ~. ~ (Muimum 30 points) RENOVATION NEW . Restroom Playground SUPJ2Qr,~ FacilA,.tie? <-S,ec:uri cy, Lightt'l1g,. ~Par.'KSd.,griag'e:) Playground Basketball coli'r.t" '. Picnic Facilities Bike .Trail (Corinected) Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSE8SMENT OF LOCAL GOVERNMENT RECREA110N AND PARK DEPARTMENT FAClUTY NEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority fimding need ranldng the project falls. (Check ONL Y one): X Highest Priority Funding Need Second Highest Priority Funding Need (13 points) (8 points) Rank 1 2 Rank 1 2 Rank 1 2 Rank 1 2 Rank 1 2 Population DensBy , - Population Under '0,000 Fundin2 Index Construction 87.7 Renovation 84.0 Population DensBy 2 - P~pulation '0,000 to 24,999 Funding Index Renovation. 86.9 Construction 79.8 Population DensHy 3 - Population 25,000 to 49,999 Funding Index Construction 88.8 Renovation 76,7 Population DensBy 4 - Population 50,000 to 99,999 Funding Index Construction 93.8 Renovation 91.8 Population DensBy 5 - Population '00,000 and Over Funding Index Renovation 97.4 Construction 82.2 Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida FPS-A033 Page 11 of 23 Central Winds Park LEGEND Existing !>LAO< Proposed RED - NEW CONSTRJCTION Proposed aL.UE. RENOVATION ~ BB NEW ","""",TeAlL COJ,.,. . RPG RENOvATE<> PLAT"""""" . PO PLAT"""""",,, III RR RENOvATED RE6TROOM "'-D<>. ~ PA PICNIC: AREA ==: BP Boc;c PATI-l TO TRAIL. CONNECTOR * PS PA""" &1GNA6I! . SL &ec:uRJTY L....rlNG Site Plan ~ ~ [3 PAIOIC&. MAlNTENANc:E . 0 1OI!6~ rn . c:oNc:E&&ION' '.. FIRU>6 . O~ rn rn PAI'lKlNG &EMO<OLE =.tm' TRAIL 8.A. 434 ~ ~ Ranaldi .Ii= Platv-Ing and AtcHlectue"'" 4"'" eo t'( CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-6599 Fax: (407) 327-4763 Parks & Recreation Dept. MEMORANDUM TO: Andrea Lorenzo- Luaces, City Clerk c~G FROM: Chuck Pula, Parks and Recreation Director RE: FRDAP Original Project Agreement Central Winds Park DATE: October 15,2003 Attached is the original Florida Department of Environmental Protection FRDAP Project Agreement, Development, Central Winds Park. I have a copy and will forward a copy to the City Attorney. DEP Agreement No. F4263 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA ~ PROJE( f010 ~ ~~J . C..A(~~np\4"'GnO< y~ ,.}- 6 ~ .. ~61 HOTECTION FLORIDA RECRE) 'ROGRAM (FRDAP) 'opment ..; 1 . This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, effective July 5, 2001, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01; Florida Statutes, shall have application to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Central Winds Park (Florida Recreation Development Assistance Program, FRDAP Project Number F40263), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the I:>EPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows. good cause: Light soccer fields, picnic area, bike path, access road, renovate playground, and other related support facilities. DEP Agreement No. F4263, Page 1 of 9 DEP 55-231 (06/03) f"'~~. ~y ~Q rt ~c}-t )v\ --v ~rj \~ ~ ~\:o )r~b~JG> 't -. DEP Agreement No. F4263 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2003-04) - Development J This Agreement is made and entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and' the CITY OF WINTER SPRINGS, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075,. Flodda, Statutes, and chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree. as follows: 1 . This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, effective July 5, 2001, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Central Winds Park (Florida Recreation Development Assistance Program, FRDAP Project Number F40263), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the f>EPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reImbursement/Commencement Documentation Form, DEP Form FPS-A034. 3 . The GRANTEE shall construct, or cause to be constructed, certain public outdoor. recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Light soccer fields, picnic area, bike path, access road, renovate playground, and other related support facilities. DEP Agreement No. F4263, Page 1 of 9 DEP 55-231 (06/03) \- 4 . The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $200,000.00 50% GRANTEE Match: $200,000.00 50% Type of Match: Cash/In-Kind Services and/or Land Value 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreati,on Development Assistance Program Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D-5.058(6)(g), the DEPARTMENT will approve the request for payment. .., 6. In addition to the invoicing re'quirements contained in the paragraph above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pUrsuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within 30 cale~9ar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). 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 Department of Financial Services' Reference Guide for State Expenditures at www.dbf.state.f1.us/aadir/reference guide. 7 . 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 GRANTEE's adopted procurement procedures. Expenses representing the PROJECT costs, including the requ,ired matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP 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. . DEP Agreement No. F4263, Page 2 of 9 DEP 55-231 (06/03) 8 . Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 9. It is understood by the parties that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. A. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriation,s. J B. The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 30th each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. 11 . All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 12. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 13. Prior to commencement of PROJECT development, the GRANTEE shall submit the documen,tation required by the ,Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. 14 . The GRANTEE shall obtain. all required local, state and federal permits and approvals. prior to commencement of project construction and shall certify that it DEP Agreement No. F4263, Page 3 of 9 DEP 55-231 (06/03) has done so to the DEPARTMENT by completing the Permitting Certification, . FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE. 15. This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before 1l'~ ~\ ~ (hereinafter referred to as the PROJECT completion date). The GRANTEE may request up to two (2) one-year extensions from the DEPARTMENT for good cause by submitting a written request..to the DEPARTMENT. Such request must be made prior to the PROJECT completion date. However, the GRANTEE understands that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward on June 30th of each year, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. 16 . Project completion means, the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 17. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTE~~~ records for said PROJECT during the PROJECT and within the five-year retention period. 18. In addition to the provisions contained in the paragraph above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP Grants Administrator at (850) 488-7896 to request a copy of the updated information. 19 . Following receipt of an audit repprt identifying' any reimbursement due the DEPARTMENT for the GRANTEE's non- compliance 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 docume'ntation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. DEP Agreement No. F426.3, Page 4 of 9 DEP 55-231 (06/03) 20 . The GRANTEE, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT. .... 21. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of his employees connected with the work of this projeGt and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers" Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to' provide, adequate insurance satisfactory. to the DEPARTMENT, for the protection of its employees not otherwise protected. . 2 2 . The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 23. The. DEPARTMENT's Grant Manager for the purpose of this PROJECT AGREEMENT shall be responsible for ensuring performance of its terms and conditions an~L shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, identified in paragraph 24, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every one hundred twenty (120) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 24 . Any and all notices required by this PROJECT AGREEMENT shall be delivered to the parties at the following addresses: GRANTEE's Grant Manager DEPARTMENT's Grant Manager Mr. Chuck Pula Director 1126 East State Road 434 Winter Springs, Florida 32708 A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 DEP Agreement No. F4263, Page 5 of 9 DEP 55-231 (06/03) 25 . Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florj~a Recreation Development Assistance Program. 26. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 27. 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. 28. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for 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 begin the date lhat the GRANTEE was informed that a refund was required until refund and interest is paid to the DEPARTMENT. - .. 29 . The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 30 . Land owried by the GRANTEE, which is developed or acquired witt) FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in section 620-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the county property records by the GRANTEE.' Such PROJECT shall be open at reasonab.le times and shall be managed in a safe and attractive manner appropriate for public use. 31 . Failure to comp'ly with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in DEP Agreement No. F4263, Page 6 of 9 DEP 55-231 (06/03) writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and may result in the imposition of the terms in Paragraph 28. 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 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, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall cancel this PROJECT AGREEMENT. 34. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 35. A. No person_ ~n 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 directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 36 . Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. . 37 . The employment of unauthorized aliens by any Grantee is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for DEP Agreement No. F4263, Page 7 of 9 DEP 55-231 (06/03) unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts issued as a result of this Agreement. 38 . A person or affiliate who has been placed on the convicted vendor' list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the . threshold amount provided in s. 287.017, Florida Statutes, for CategoryTwo, for a period of 36 months from the date of being placed on the convicted vendor list. ~ 39 . The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of .such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 40 . No delay or failure to exercise any right, power or remedy accruing to. either party upon breach or default by either party under this PROJECT AGREEMENT, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 41 . This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 42. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 43. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4263, Page 8 of 9 DEP 55-231 (06/03) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: {/ ~ Division Director (or Designee) Division of Recreation and Parks -- /p-?-03 Contract Execution Date Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth J30ulevard Mail Station 585 Tallahassee, Florida 32399-3000 /(ZJ/~R -- ~ DEP Grant Managa?' . Approved as' to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on April 9, 2003 for use for one year. CITY OF WINTER-SPRINGS /~4,;-.1-N1~ By: /fU;1/AltJ tJ. ;4{c.d./nvt (J~ J) Printed Name: Title: '1-q>'j~~ "3 Date Address: 1126 East State Road 434 Winter Springs, Florida 32708 A Grantee Attorney List of attachments/exhibits included as part of this Agreement: Specify Type Letter! Number Description (include number of pages) --L. Special Audit Requirements (5 Paaes) Attachment DEP Agreement No. F4263, Page 9 of 9 DEP 55-231 (06/03) ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreemefJt) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed 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 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-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 accordance with the guidelines established .by OMB Circular A-l33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-l33, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 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 ofOMB Circular A-l33, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4, The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe,os,dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F4263, Attachment 1, Page 1 of 5 DEP 55-215 (04/03) PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as detined by Section 215.97(2)(1), Florida Statutes. 1, In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or p~oject-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 fisG&1 year, the recipient shall consider all sources of State financial assistance, including State financial' assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)( d), Florida Statutes, and Chapters 10.550 (local governmental entities) or '10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State 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 recipient expends less than $300,000 in State fmancial 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.f1.us/fsaa/catalog,htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.f1.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/. Governor's Website htto://www.flgov.com/, Department of Financial Services' Website. http://www.dbf.state.fl.usland the Auditor General's Website http://www.state.fl.us/audgen. PART ID: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits,) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4263, Attachment 1, Page 2 of 5 DEP 55-215 (04/03) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections ,320 (d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), ~t the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and p~s-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as~evised. 2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmerital Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40 I, Claude Pepper Building III West Madison Street . Tallahassee, Florida 32399-1450 4. Copies ofreports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection . Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. F4263, Attachment 1, Page 3 of 5 DEP 55-215 (04/03) 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 10550 (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 Enviro,nmental Protection for audits done in accordance with OMB Circular A-B3, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. " oJ' REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4263, Attachment 1, Page 4 of 5 DEP 55-215 (04/03) EXHIBIT - 1 I. FUNDS A WARDED TO THE RECIPIENT PURS'UANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reel-pient Pursuant to this Al!reement Consist of the FollowinlZ: Federal State Program CFDA Appropriation Number Federal Aszency Number CFDA Title Funding Amount Category I I ~ State Resources Awarded to tbe Recipient Pursuant to tbis Al!:reement Consist oftbe FoUowinlZ Matchinl!: Resources for Federal ProlZrams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category - State Resources Awarded to the Recipient Pursuant to this A2reement Consist of the FollowinlZ Resources Sublect to Section 215.97. F.S.: Catalog of State State Financial CSF A Title State Program State Assistance or Appropriation Number . Fundinsz Source Fiscal Year Number Futidinsz Source Description Funding Amount Category F4263 Florida Forever 2003-2004 37.017 Florida Recreation Development $200,000.00 140002-04 Assistance Prolrram I Total Award I I~_..I For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) fbtto:llasoe.os.d.hhs.l!ov/cfda] and/or the Florida Catalog of State Financial Assistance (CSFA) Ibttp:llsun6,dms.state.f1.uS/fsaalcatalol!.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. F4263, Attachment 1, Page 5 of 5 DEP 55-215 (04/03) DEP Agreement No. F4263 CSFA Number: 37.017 CSF A Title: FRDAP FLORIDA ~ PROJEt f0~ c# ~) '~., .v-.n.., . . r;M'" V ........-I f)'-4vGn f~' :.t-I"'l <<--066()U er - I IROTECTION \ FLORIDA RECREJ. 'ROGRAM (FRDAP) 'opment This Agreement is )T ATE OF FLORIDA -' DEPARTMENT OF E~ ~inafter called the DEPARTMENT, and the. . ."."einafter called the GRANTEE, a local governri ~.... iv' dnce of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075,. Flodda, Statutes, and chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1 . This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, effective July 5, 2001, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01; Flprida Statutes, shall have application t6 this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Central Winds Park (Florida Recreation . Development Assistance Program, FRDAP Project Number F40263), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the E>EPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor. recreation facilities and improvements consisting of the following PROJECT. ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows'. good cause: Light soccer fields, picnic area, bike path, access road, renovate playground, and other related support facilities. DEP Agreement No. F4263, Page 1 of 9 DEP 55-231 (06/03) \ DEP Agreement No. F4263 CSFA Number: 37.017 CSF A Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2003-04) - Development ,; This Agreement is made and entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and' the CITY OF WINTER SPRINGS, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075,. Flodda- Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1 . This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, effective July 5, 2001, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Central Winds Park (Florida Recreation Development Assistance Program, FRDAP Project Number F40263), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. 3 . The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Light soccer fields, picnic area, bike path, access road, renovate playground, and other related support facilities. DEP Agreement No. F4263, Page 1 of 9 DEP 55-231 (06103) 4 . The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $200,000.00 50% GRANTEE Match: $200,000.00 50% Type of Match: Cash/ln-Kind Services and/or Land Value 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreat~on Development Assistance Program Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D-5.058(6)(g), the DEPARTMENT will approve the request for payment. 6. In addition to the invoicing re'quirements contained in the paragraph above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within 30 calel19ar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). 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 Department of Financial Services' Reference Guide for State Expenditures at www.dbf.state.f1.us/aadir/reference Quide. 7 . 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 GRANTEE's adopted procurement procedures. Expenses representing the PROJECT costs, including the requ,ired matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP 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. . DEP Agreement No. F4263, Page 2 of 9 DEP 55-231 (06/03) 8 . Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 9 . It is understood by the parties that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. A. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriation,s. -' B. Th~ GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 30th each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. 11 . All monies expE!nded by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 12. PROJECT funds may be reimbursed for 'eligible Preagreement Expenses (as defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 13. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the, Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. 14 . The GRANTEE shall obtain' all required local, state and federal permits and approvals. prior to commencement of project construction and shall certify that it DEP Agreement No. F4263, Page 3 of 9 DEP 55-231 (06/03) has done so to the DEPARTMENT by completing the Permitting Certification, . FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE. 15. This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before 11'::kbQ{?l\ 'dtl'i" 9 (hereinafter referred to as the PROJECT completion date). The GRANTEE may request up to two (2) one-year extensions from the DEPARTMENT for good cause by submitting a written requesL..to the DEPARTMENT. Such request must be made prior to the PROJECT completion date. However, the GRANTEE understands that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward on June 30th of each year, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. " 16 . Project completion means, the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 1 7 . The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTE~~!5 records for said PROJECT during the PROJECT and within the five-year retention period. 18. In addition to the provisions contained in the paragraph above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP Grants Administrator at (850) 488-7896 to request a copy of the updated information. 19 . Following receipt of an audit repprt identifying' any reimbursement due the DEPARTMENT for the GRANTEE's non- compliance 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 docume'ntation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. DEP Agreement No. F426.3, Page 4 of 9 DEP 55-231 (06/03) 20 . The GRANTEE, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT. "" 21. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers'. Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to' provide, adequate insurance satisfactory' to the DEPARTMENT, for the protection of its employees not otherwise protected. 22. The purchase of non';expendable equipment is not authorized under the terms of this Agreement. 23. The DEPARTMENT's Grant Manager for the purpose of this PROJECT AGREEMENT shall be responsible for ensuring performance of its terms and conditions an~t shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, identified in paragraph 24, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every one hundred twenty (120) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 24. Any and all notices required by this PROJECT AGREEMENT shall be delivered to the parties at the following addresses: GRANTEE's Grant Manager DEPARTMENT's Grant Manager Mr. Chuck Pula Director 1126 East State Road 434 Winter Springs, Florida 32708 A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 DEP Agreement No. F4263, Page 5 of 9 DEP 55-231 (06/03) 25 . Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 26. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. ..; 27. 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. 28. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for 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 begin the date lhat the GRANTEE was informed that a refund was required until refund and interest is paid to the DEPARTMENT. 29 . The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 30 . Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in section 620-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the county property records by the GRANTEE.' Such PROJECT shall be open at reasonab.le times and shall be managed in a safe and attractive manner appropriate for public use. 31 . Failure to comp'ly with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in . DEP Agreement No. F4263, Page 6 of 9 DEP 55-231 (06/03) writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and may result in the imposition of the terms in Paragraph 28. 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 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, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall cancel this PROJECT AGREEMENT. J 34. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 35. 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 discrirrtination 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 directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 36 . Each party hereto agrees that it shall be solely responsible for the wrongful acts of its e'mployees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign. immunity or the provisions of section 768.28, Florida Statutes. . 37 . The employment of unauthorized aliens by any Grantee is considered a violation of Section 274A{e) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for DEP Agreement No. F4263, Page 7 of 9 DEP 55-231 (06/03) unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts issued as a result of this Agreement. 38. A person or affiliate who has been placed on the convicted vendor'list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, for Category-Two, for a period of 36 months from the date of being placed on the convicted vendor list. ,; 39 . The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of .such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. . 40 . No delay or failure to exercise any right, power or remedy accruing to. either party upon breach or default by either party under this PROJECT AGREEMENT, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 41 . This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 42. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 43 . 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4263, Page 8 of 9 DEP 55-231 (06/03) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: {L ~ Division Director (or Designee) Division of Recreation and Parks .... /p-?-03 Contract Execution Date Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth .Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 d~g j ~ DEP Grant Mana~ . CITY OF WINTER-SPRINGS /~4;..'iN1~ By: ;'fqft/ A J CJ tJ. )4{ c).. e-JVI 6A' ..!:) Printed Name: Title: c;-~'1~~ 3 Date Address: 1126 East State Road 434 Winter Springs, Florida 32708 A Grantee Attorney Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on April 9, 2003 for use for one year. List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment --1- Special Audit Requirements (5 Paaes) DEP Agreement No. F4263, Page 9 of 9 DEP 55-231 (06/03)' ~ ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreemeat) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-l33 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed by OMB Circular A-l33, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by .the Department to the recipient regarding such audit. The recipient further agrees t~ comply and cooperate with any inspections, reviews, investigations, or J audits deemed necessary by the ChiefFinarlcial 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-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-B3, as'revised. EXIllBIT 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-l33, as revised, An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-l33, as revised, wiII 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 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 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:llaspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F4263, Attachment 1, Page 1 of 5 DEP 55-215 (04/03) 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 p~oject-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 fisG.d year, the recipient shall consider all sources of State financial assistance, including State financial' assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities.. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2, In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission 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 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 recipient expends less than $300,000 in State fmancial 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 htto:/lsun6,dms,state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at htto://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 http://www.flgov.com/. Department of Financial Services' Website. htto://www.dbf.state.fl.us/and the Auditor General's Website http://www.state.fl.us/audgen. 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 conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-I33, as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4263, Attachment 1, Page 2 of 5 DEP 55-215 (04/03) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-l33, as revised, should be submitted to the Federal Audit Clearinghouse), ~t 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-l33, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-l33, as revised, and any management letters issued by the auditor, to the Department ofEnvironmerital Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies offmancial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Flonda 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building III West Madison Street . Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. F4263, Attachment 1, Page 3 of 5 DEP 55-215 (04/03) 5. AIiy 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 Enviro!lmental Protection for audits done in accordance with OMB Circular A-B3, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. " RENUUNDEROFPAGEnnENTIONALLYLEFTBLANK DEP Agreement No. F4263, Attachment 1, Page 4 of 5 DEP 55-215 (04/03) EXHIBIT - 1 ~ FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources A warded to the Recioient Pursuant to this AjUeement Consist of the Followinl!: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources A warded to the Redoient Pursuant to this Al!J'eement Consist of the Followinl! Matchin2 Resources for Federal Prol!rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this AjUeement Consist oCthe Following Resources Subject to Section 215.97 F.S.: Catalog of State State Financial CSF A Title State Program State Assistance or Appropriation Number . Funding Source Fiscal Year Number Funding Source Description Funding Amount Category F4263 Florida Foreyer 2003-2004 37.017 Florida Recreation Development $200,000.00 140002-04 Assistance Program I' Total Award I --~J For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) rhtto:llasoe.os.dhhs.gov/cfda] and/or the Florida Catalog of State Financial Assistance (CSFA) Il1tto:llsun6.dms.state,fl.uS/fsaalcatalog.htmj. 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. F4263, Attachment 1, Page 5 of 5 DEP 55-215 (04/03) ~ \ -'--'} .. " DEP Agreement No. F4263 CSFA Number: 37.017 CSF A Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2003-04) - Development This Agreement is made and entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF WINTER SPRINGS, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1 . This' PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply. with all provisions of the RULE, effective July 5, 2001, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of .section 163.01, Florida Statutes, shall have application to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Central Wind~ Park (Florida Recreation Development Assistance Program, FRDAP Project Number F40263), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursementlCommencement Documentation Form, DEP Form FPS-A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Light soccer fields, picnic area, bike path, access road, renovate playground, and other related support facilities. DEP Agreement No. F4263, Page 1 of 9 DEP 55-231 (06/03) ;- 4 . The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $200,000.00 50% GRANTEE Match: $200,000.00 50% Type of Match: Cash/In-Kind Services and/or Land Value 5 . The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form. FPS-A036, referenced in s. 62D-5.058(6)(g), the DEPARTMENT will approve the request for payment. 6. In addition to the invoicing requirements contained in the paragraph above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within 30 calendar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit arid post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for' State Expenditures at www.dbf.state.f1.us/aadir/reference Quide. 7 . 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 GRANTEE's adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP 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. DEP Agreement No. F4263, Page 2 of 9 DEP 55-231 (06/03) ~ 8 . Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 9. It is understood by the parties that the amount of this F'ROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the same percentag'e as the DEPARTMENT is assessed for the mandatory reserve. 10. A. The State of Florida's performance and obligation to pay. under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. . . B. The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 30th each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. 11. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 12. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that . there shall be no' reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 13. Prior to commencement of PROJECT development, the GRANTEE shall submit the documen,tation required by the Florida Recreation Development Assistance Program Development . Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to com'mence the development and approve the request for payment. 14. The GRANTEE shall obtain' all required local, state and federal permits and approvals. prior to commencement of project construction and shall certify that it DEP Agreement No. F4263, Page 3 of 9 DEP 55-231 (06/03) has done so to the DEPARTMENT by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE. 15. This . PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before -rvQ- _ (hereinafter referred to as the PROJECT completion date). The GRANTf=E may request up.to two (2) one-year extensions from the DEPARTMENT for good' cause by submitting a written request to the DEPARTMENT. Such request must be made prior to the PROJECT completion date. However, the GRANTEE understands that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward on June 30th of each year, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. 16. . Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 1 7 . The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until filial resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State' Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE's records for said PROJECT during the PROJECT and within the five-year retention period. 18 . In addition to the provisions contained in the paragraph above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1shall summarize the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP Grants Administrator at (850) 488-7896 to request a copy of the updated information. 19 . Following receipt of an audit report identifying' any reimbursement due the DEPARTMENT for the GRANl."EE's non- compliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. DEP Agreement No. F426.3, Page 4 of 9 DEP 55-231 (06/03) ~ 20 . The GRANTEE, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT. 21 . To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of his employees connected with the work of this . project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully wi.th the Florida Workers'Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate' insurance satisfactory' to the DEPARTMENT, for the protection of its employees not otherwise protected. . 22 . The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 23. 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 Grant Manager, identified in paragraph 24, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every one hundred twenty (120) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 24. Any and all notices required by this PROJECT AGREEMENT shall be delivered to the parties at the following addresses: GRANTEE's Grant Manager DEPARTMENT's Grant Manager Mr. Chuck Pula Director 1126 East State Road 434 Winter Springs, Florida 32708 A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 DEP Agreement No. F4263, Page 5 of 9 DEP 55-231 (06/03) 25 . Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 26. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 27. This Agreement may be unilaterally canceled by the D.EPARTMENT 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. , . , 28 : Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for 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 begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the DEPARTMENT. . 29 . The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The G.RANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 30 . Land owried by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as' stated in section 620-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from. the completion date set forth iri the PROJECT completion certificate. All dedications must be recorded in the county property records by the GRANTEE.' Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. . 31 . Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in . DEP Agreement No. F4263, Page 6 of 9 DEP 55-231 (06/03) writing of the partiGular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and may result in the imposition of the terms in Paragraph 28. 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 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, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall cancel this PROJECT AGREEMENT. 34. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 35. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disabnity, 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 directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 36 . Each party hereto agrees that it shall be solely responsible for the wrongful acts of its e'mployees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign. immunity or the provisions of section 768.28, Florida Statutes. . 37 . The employment of unauthorized aliens by any Grantee is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for DEP Agreement No. F4263, Page 7 of 9 DEP 55-231 (06/03) unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts issued as a result of this Agreement. 38 . A person or affiliate who has been placed on. the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in' excess of the . threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 39 . The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be' ineffective to the extent of .such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law.. 40 . No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 41. This PROJECT AGREEMENT is not intended nor shall it be construed ci.s granting any rights, privileges or interest to any third party without mutual written agreemen~ of the parties hereto. 42. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 43. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4263; Page 8 of 9 DEP 55-231 (06/03) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , ';. . f , CITY OF WINTJ;;R~SPRIf'JGS " . By: Division Director (or Designee) Division of Recreation and Parks '. -f'l <J ., /~~)-~~1~ By: . ;1'o-w//ttJ. WI. )4.(c)"lnvr c1,r J) Printed Name: Title: Contract Execution Date 'J-~1-~ 5 Date Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Address: 1126 East State Road 434 Winter Springs, Florida 32708 A /~~ j ~ DEP Grant Mana~ . Grantee Attorney Approved as' to Form and Legality: This form has been pre-approved as to form and legalitY by Suzanne Brantley, Assistant General Counsel, on April 9, 2003 for use for one year. List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) -1-. Special Audit Requirements (5 PaQes) Attachment DEP Agreement No. F4263, Page 9.of 9 DEP 55-231 (06/03)' ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMBCircular A-l33 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed by OMB Circular A-l33, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding . such audit. The recipient further agr.ees 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-l33, 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-l33, 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-l33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-l33, 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-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 ofOMB Circular A-l33, as revised, the cost of the audit must be paid from non-Federal resources (Le., 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://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F4263, Attachment 1, Page 1 of 5 DEP 55-215 (04/03) PART ll: 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 am()unt 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 th.e Governor and the Chief Financial Officer; and Chapters 10.550. (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State fmancial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial. assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities.. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the reCipient shall ensure that the audit complies with the. requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)( d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State fmancial assistance in its fiscal year and elects to have an audit conducted in accordance with the pr~)Visions 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 htto://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 http://www.leg.state.fl.us/, Governor's Website htto://www.flgov.com/, Department of Financial Services' Website htto://www.dbf.state.fl.us/and the Auditor General's Website htto:/ /www.state.fl.us/audgen. PART ill: OTHER A{JpIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i:e.. the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-l33, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of'the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4263, Attachment 1, Page 2 of 5 DEP 55-215 (04/03) " A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies req~ired by Sections .320 (d)(1) and (2),OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), ~t the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and Pi!ss-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. 2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director . Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies offmancial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient direct~v to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street . Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. F4263~ Attachment 1~ Page 3 of 5 DEP 55-215 (04/03) .. 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its. compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4263, Attachment 1, Page 4 of 5 DEP 55-215 (04/03) EXHIBIT - 1 FUNDS AWARDED TO THE RECIPIENT PURS'UANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recioient Pursuant to this AJ,!reement Consist of the FoUowinJ,!: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount CatelIOry State Resonrces Awarded to the Recioient Pursuant to this Alrreement Consist of the Followin~ Matchin~ Resources for Federal Pro~rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recioient Pursuant to this Alrreement Consist of the Followin~ Resources Subiect to Section 215.97. F.S.: Catalog of State State Financial CSF A Title State Program State Assistance or Appropriation Number . Fundine: Source Fiscal Year Number Fwi.dine: Source Descriotion Fundine: Amount Catee:orv F4263 Florida Forever 2003-2004 37.017 Florida Recreation Development $200,000.00 140002-04 Assistance Program Total Award I 1~1 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [bttp://asoe.os.dhhs.gov/cfda 1 and/or the Florida Catalog of State Financial Assistance (CSFA) [http://sun6.dms.state,fl.uS/fsaalcatalog.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. F4263, Attachment 1, Page 5 of 5 DEP 55-215 (04/03) 6.i. , Document Development Ac~uisition .Site Plan signed by certified engineer, X surveyor or archit~ct and grantee (2 copies) . List of Facilities and Improvements to be Built X Signed and dated by project liaison (Example Attached) Permitting Certification (form enclosed) X Survey/Boundary Map signed and sealed by a X X registered surveyor (2 copies) . Title Search for 30 years previous. to application X X (form enclosed) *Appraisal (1 copy) or Tax Assessed Value *X **X ~ REFER TO NEXT TWO PAGES FOR DETAILED DESCRIPTIONS OF REQUIRED COMMENCEMENT DOCUMENTATION .'.:~~~i~~j~!~~IPifl!~:i~r'->t~-~i.IWS\'~:~___ FPS-A034 Revised 7/23/03 N:~rants\Forms\CommE!llcement Documents\Commenceckfist.doc :::: Florida Department of Environmental Protection Florida Recreation Development Assistance Program Pre-ReimburserrentlCommencement Documentation - Development Prior to requesting reimbursements, submit the following items to the Department for approval: 1.' A professional site plan (detail specifications not required). In addition, the project naison is required to sign and date the site plans. If part of a larger simultaneous development. or part of a phased project, please color code the current project elements and/or any phases/existing elements. (2 copies) , . 2. A list identifying the quantity and type of primary outdoor recreation areas and facilities and support facilities to be constructed, and cost estimate for each item, signed and dated 'by the project liaison. (example attached) 3. Permitting Cert;ification form signed and dated by the liaison agent. 4. .A boundary survey of th~ project site, which includes a legal description of the' property, prepared and signed and sealed by a Florida, registered land surveyor. The survey must be updated to within one year of the closing date of the application submission period. (2 copies)' 5.. The results of a title search of the project area covering the thirty (30) year period prior to approval by Department Secretary, or a copy of title insurance which attests to a clear title owned by the grantee, with no liens, encumbrances or taxes held against the property. If a . title search has. not been done or title insurance has not been purchased, the grantee's attorney can attest to a clear title owned by the grantee, with no liens, encumbrances or taxes held against the property by using the attached form. A warranty deed will not. '.. suffice. 6. If land will be used as a match, send either a copy of the taxed assessed value or a complete appraisal supporting fair market value of lana utilized as project matching funds. . Appraisal must be no earlier than one year prior to the closing date of the submission' period. The appraisal must be prepared by an appraiser included on the list of approved appraisers maintained by the Department's Division of State Lands (DSL). . (CALL 850-245-2658) (One Copy) Following approval of this documentation, the:pepartment wi'il is'sue virittEm'auth6fization to coh,lmence. projec.t,d~vE!l~pmeht ~,n~.,~~u~~r!i.i,t r~,ir1!~~K~~,rfI'~,~!.~~q~e,~t. .......,. ",.. Revised 7/03 N :\grants\forms\Commencement Documents\Devcommencelist.doc Florida Department .of En'vironmental Protection Florida Recreation Development Assistance Program Pr~- Reimbursement/Commencement Documentation -'Acquisition Prior to reimbursement or commencement of project acquisition, submit the following items to the Department for approval: 1. An appraisal supporting fair market value of land to be acquired. If the property is $50.0,000 or 'Iess in appraised value, an appraisal is reql,Jired. If the property exceeds $500,000 in. appraised value, two appraisals are required. The appraisal(s) shall be dated no earlier than. (6) months prior to the closing. date of the application period. The appraisal must be prepared by an appraiser included on the list of approved appraisers maintained by the Department's Division of State lands (DSL), (CALL 850-245-2658). 2. A boundary survey of the project site, which includes a legal description of the property, prepared, signed and sealed by a Florida, registered land surveyor. The survey must be updated to within one year of the closing date of the application submission period. (2 copies) 3. The results of a title'search of the project area covering the thirty (30) year period prior to approval by Department Secreti3ry, or a copy of title insurance.' .If a title search has not been done or title insurance has not been purchased, the grantee's attorney can attest to a clear title owned by the grantee, with no liens or taxes held against the property by using the attached . form. . '. ," ~.... I. _." .. 7, '., "'....~.,. ,"""" .,' ....' ....' ,'.'.'>:'W'\:".'., ,', . .... '/,.' " ~,'-I' .......l';!.....l.;,...""',~,..... "t,. V,.. '(). ,.. .,mMVr"l"'h'l c..,..Y\~, f. j,~"...."..~~;l...f ~'''''':''''.: '", ''''I.'' ~~ ...'....>..i'..:~r:'l"~ .......-...,~.,.:....:.or.~:i:~. ..~... ,.. ; ..,..~..., 'J/""''''''' .'q . 'F 6110wi n' ,~{". . 'r(lval :of.;ttlis~aociJ'nl'E~ntatio'nf~,thErDe"~akniii'e"nt ;W'i Il1is"'s'lJe' {Wfifte'n'fa;Uth'Orizafion~to ""~; ....,: :,.;.""..,,:~:......:.~~:tfi:~,~'fi~~~~'p.'t,~j~~!):ti.~~~W~~'tt~~jtb1l:~fliffi!tJ~16.i~~}~~micl~tl[~j~~J:t~:;:~'.;g[Li~'2:~f~:,:".. .. Revised 7/03 N:\grants\Forms\Commencement Documents\acqcommencelist.doc .' EXAMPLE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM . Con~tructed Area's and Facilities Project NCilme: Green Grass Park Project No, FXXXXX Primary Facilities/Areas: . 1,500 L. F. Boardwalk/Nature Trail Estimated Cost: . $XXXX.XX 5 Picnic Facilities (Shelters, Tables, Grills) $XXX.XX 1 Picnic Pavilion '15' X 50' $XXXX.XX 1 Boat Ramp 24'w $XXXX.XX 2 Softball Fields-Adult-Lighted $XXXX.XX .. 1 T -Ball Field-Lighted $XXXX.XX 2 Little League Baseball Fields-Lighted $XXXX.XX 1 Play Structure $XXX.XX Support Facilities/Areas: 1 Restroom $XXXX.XX 5 Benches $XXX.XX 100 Spaces Grass Parking Lot $XXXX.XX .~ 20 Spaces Boat Trailer Parking $XXXX.XX 10 Trash Receptacles $XXX.XX $ Total Project Cost $XXXXX.XX Signature - Project Liaison Revised 7/23/03 N:\grants\Forms\Frdap Misc\FACEX.DOC Florida Department Of Environmental Protection Florida Recreation Development Assistance Program Permitting Certification " Grantee Project Name Project Number The GRANTEE certifies that all final plans and specifications (Le.; site, architectural, engineering) to be used in conjunction with the above referenced project were prepared . . , and certified by an insured, registered architeCt, engineer, or landscape architect (as. appropriate) and meets.all applicable federal, state a.nd local codes, and current engineering practices; that health, safety, durability and economy were considered and incorporated in these plans consistent with the scope and objectives of the project; that equal access pursuant to the requirements of Federal law and Chapter 553 Florida Statutes, is incorporated in the design of all facilities .for individuals with disabilities; that the proposed development is compatible with its surrounding environment; that all '. required local, state and federal environmental permits and approvals have been ~ obtained; and that provisions have been made to insure adequate superVision of construction by competent personneL Date Project Liaison Agent FPS-A035 Revised (11/00) N :\grants\Forms\Commencement Documents\Permitting Certification ,doc THIRTY YEAR OWNERSHIP & ENCUMBRANCE SEARCH I HEREBY CERTIFY that I have checked the records of County, Florida for the , as to the land hereinafter described and that said records reflect that the record title to said land appears in the name of: OWNER'S NAME: ACQUIRED BY: FROM: DATED: FILED: RECORDED IN: DES.CRIPTION OF LAND: SUBJECI' TO THE FOLLOWING: 1. OUTSTANDING MORTGAGES: 2. OUTSTANDING LEASES: 3. EASEMENTS: 4. OPEN runGEMENTS: S. UNPAID TAXES: 6. . UNPAID TAX LEINSof any kind: 7. UNPAID LIENS: 8. RESERVATIONS OF ANY KIND: 9. DECEDENTS ESTATES PENDING whereby ownership is affected: 10. ANY OTHER DEFECTS REFLECTED by the record: DATED at County, Florida, this BY: TITLE: (Grantee Attorney or Title Abstractor)