HomeMy WebLinkAbout2004 08 23 Consent 201
COMMISSION AGENDA
ITEM 201
Consent X
Informational
Public Hearing
Regular
August 23,2004
Regular Meeting
~ cO
Mgr. / Dept.
Authorization
REQUEST:
The Parks and Recreation Department and Public Works (Urban
Beautification) is requesting that the City Commission approve Resolution
No. 2004-35 so that staff may submit Three (3) Grant Applications to the
Florida Urban and Community Forestry Grant Program.
PURPOSE:
The purpose of this item is to receive approval from the City Commission for
Resolution 2004-35, which is a grant requirement for consideration of Three
(3) Grant Applications to the Florida Urban and Community Forestry Grant
Program.
CONSIDERATIONS:
. The Public Works (Urban Beautification), has proposed in the tentative budget a new
position called Urban Forestry Worker I. $ 35,000 is required for the Staffing, Materials,
and Supplies.
. The Florida's Urban and Community Forestry Grant Program will fund 50% of the
staffing cost up to $ 35,000 if the city's proposal is selected for funding.
. Public Works (Urban Beautification) is working on an Urban Right-of-Way Tree Planting
Program for Tuskawilla Road. $ 10,000 is available from Public Works.
Consent Agenda Item 201
August 23, 2004
Page 2
. The Florida Urban and Community Forestry Grant Program will fund 50% of the cost up
to $ 15,000 of the Urban Tree Planting Program if the city's Proposal is selected for
funding.
· Parks and Recreation has a need to develop a Tree inventory of City Public Parks. City
staff time will be the city's match.
. The Florida Urban and Community Grant Program will fund 50% of the cost which is
estimated at $ 20,000 if the city's proposal is selected for funding.
· Because the City of Winter Springs has never applied for and received funding before,
staff anticipates that 1 or 2 of these proj ects will be awarded funding.
FUNDING:
. City 50% match for the 3 Grants is from the New Position Funding, Public Works Tree Planting
Program and Parks Staff time.
RECOMMENDATIONS:
The Parks and Recreation Department recommends the approval of Resolution 2004-35.
IMPLEMENTATION SCHEDULE:
September 14,2004 Mail Grants to Tallahassee.
October 2004 Grant Notification.
November 2004 Grant Agreement Execution.
September 2005 All Grant funded projects must be completed and closed.
ATTACHMENTS:
Attachment # 1
Resolution 2004-35
COMMISSION ACTION:
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NOTICE OF LIMITATION OF USE/
SITE DEDICATION
This Notice ofLimitatiop. ofUs~/Site Dedication gives notice that the Real Property
identified in the project agreement and the boundary map, . attached hereto as Exhibits
"A" and "B," respectiVely (the "Property"), has been acquired by or developed with
financial assistance provided by the Florida Legislature, through the Department of
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Environmental Protection, under the grant program called the Florida Recreation
Development Assistance Program (FRDAP). In accordance with section 375.07"5, F.S.)
and chapter 62D-5, F.A.C., the Property is hereby dedicated to the public in perpetuity as
an outdoor recreation area for the use and benefit. of the general public. The Property is
subject to all applic~ble terms of the statute and rule cited herein.
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STATE OF FLORIDA
COUNTY OF ~\~Ud
J . , _The foregoing inst.!!'me?t was acknowl~g~J>efor@ me this ~y
. ~ vJ. H,~ho IS personllylcfi wn to me or who produced
as identification.
""...~ Andrea Lorenzo-Luaces .
Stamp: ! ~ . My Commission 00209870 . . l./'~
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DEP Agreement No. F4263
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDADEPARTMENT 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, 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 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 gevelopment 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 (06/03)
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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 th~ request for payment. .
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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 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.fl.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 tne 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)
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,
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 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 appropriation,s.
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B. The GRANTEE understands that the funds supporting this Agreement are'
subject to certification forward approval by the Governor's Office on June
30tli 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)
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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 AGREEMEN.T shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or before
f1\:;it:bQ{ ~\ Q{f'j'~ (hereinafter referred to as the PROJECT completion
date). The GR'ANffi 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.
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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-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)
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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.
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21 . To the extent required by law, th'e 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' Compens~tion 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)
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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 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 GRANTEE ac.knowledges 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 62D-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 hi 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 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 particular violations stating a reasonable time to comply. Failure to
comply within the time. period stated in the written notice shall result in
cancellation bf 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.
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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 subj~cted 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)
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unilateral cancellation of this Agreement. The Grantee shall be responsible for
including this provision in all subcontracts issued as a result of this Agreement.
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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 la~s 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 PROJEC;;T 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)
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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
CITY OF WINTJ;:R8PRINGS
By: V.~
Division Director (or Designee)
Division of Recreation and Parks
/~ 4)--1r11~
By: fi'q,vAJCI' /J. ;4.{c.L.e-r cJ/1..t:>
Printed Name:
Title:
-'
/1/-7-03
Contract Execution Date
'1- q> "I ~'O "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
/~R J ~
DEP Grant Managij?' '.
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:
Attachment
Letter/
Number Description (include number of pages)
--1- Special Audit ReQuirements (5 Paoes)
Specify
Type
./
DEP Agreement No. 1=4263, 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/agreemeTJt) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as dermed by OMB CircullirA-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 Envit:onmental 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 FinariCial 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 dermed in OMB .
Circular A~133, as revised.
1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
. year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established .by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-B3,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-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 ofOMB Circular A-B3, 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 infonnation 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 D: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes.
1. In the event. that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or pI: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; aDd Chapters 10.550 (1ocal governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fisQ~1 year, the
recipient shall consider all sources of State fmancial assistance, including State financial' assistance
received. from the Department of Environmental Protection, other state agencies, and other nonstate
entities.. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as f:iefined by Section 215.97(2)( d), Florida Statutes, and Chapters 10.550
(local governmental. entities) or ',10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not' required. In the
event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects
to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost
of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid
from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located' at http://sun6.dms.state.fl.us/fsaalcatalog.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website http://www.1eg.state.fl.us/. Governor's Website htto://www.flgov.com/, Department of Financial
Services' Website. .http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART 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 additipn to
audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency
must arrange for fUnding the fUll cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by PART I of this Agreement shall be submitted, when required by $ection .320 (d), OMB
Circular A-B3, as revised, by or on behalf of the recipient directlv 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 .~20 (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, asrevised.
.i
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of EnvirOnmental Protection'
Office of the Inspector General, MS 40
2600 Blair Stone Road'
Tallahassee, Florida 32399-2400
3. Copies offmancial reporting packages required by PART II of this Agreement shall be submitted by or on
. behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at.the following address:
State of Florida Auditor General
Room 40 I, Claude Pepper Building
III West Madison Street .
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the 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
Envrronmental 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 fmancial reporting packages to the Department of Envirormental 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 G~neral, should indicate the date
that tl1e 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.
. I - .
'"
: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 AWARDED TO THE RECIPIENT PURSUANT TO TIllS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recloient Pursuant to this Airreement Consist of the FoUowinl!:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
.
State Resources Awarded to the Recioient Pursuant to this A2I"eement Consist ofthe FoUowine: Matchine: Resources for Federal Prol!:l"ams:
Federal State
Program Appropriation
Number Federal Agencv CFDA CFDA Title Funding Amount Category
-
State Resources A warded to the Recipient Pursuant to this Al!:l"eement Consist of the FoUowinl!: Resources Sublect to Section 215.97. KS.:
Catalog of
State
State Financial CSF A Title State
Program State Assistanc:e or Appropriation
Number . Funding Source Fiscal Year Number FuIi.ding Source Description Funding Amount Category
F4263 Florida Forever 2003-2004 37.017 Florida Recreation Development $200,000.00 140002-04
Assistance PrOlmllD
I
Total Award I
1_--
For -each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) (http://asoe.os.dhhs.lZov/cfdal and/or the
Florida Catalog of State Financial Assistance (CSFA) (httn:llsun6.dms.state.fl.uslfsaalcatalolZ.html. The serviceslpl1IpOses 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)
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RESOLUTION NO. 2004-35
A RESOLUTION BY THE CITY OF WINTER SPRINGS, FLORIDA TO ENTER
INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM
OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY
WHEREAS, trees are an important part of our community; and
WHEREAS, the City of Winter Springs wants to improve its Urban Forest by adding new staff;
and
WHEREAS, the City of Winter Springs desires to apply for an Urban and Community Forestry
Grant which would provide monies in which to help fund the cost of new staffing; and
WHEREAS, the City of Winter Springs wants to install new trees in the Urban Rights-of-Way;
WHEREAS, the City of Winter Springs desires to apply for an Urban and Community Forest
Grant which would provide monies in which to help fund the cost of purchasing and planting trees; and
WHEREAS, the City of Winter Springs wants to develop a City Public Parks Tree Inventory;
WHEREAS, the City of Winter Springs desires to apply for an Urban and Community Forest
Grant which would provide monies in which to help fund the cost of a City Public Parks Tree Inventory.
WHEREAS, the City of Winter Springs wishes to enter into an Urban and Community Forestry
Grant Memorandum of Agreement between the City of Winter Springs, Florida and the Florida
Department of Agriculture and Consumer Services;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of The City of Winter
Springs, Seminole County, Florida as follows:
Section 1. The City Commission supports, the improvement of its Urban Forest by adding new
staff.
Section 2. The City Commission supports, the installation of new trees in the Urban Rights-of-
Way.
Section 3. The City Commission supports, the development of a City Public Parks Tree
Inventory.
Section 4. The City Commission hereby authorizes, the City Manager to enter into an Urban
and Community Forestry Grant Memorandum of Agreement between the City of Winter Springs,
Florida and the Florida Department of Agriculture and Consumer Services.
Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
City of Winter Springs
Resolution No. 2004-35
Page 1 of2
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of
this resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 7. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs.
DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida, this 23rdday of August2004.
- ,
/ ,A LORENZO-LUACES, City Clerk
/'
/
Approved as to legal form and sufficiency for
The City Q inter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2004-35
Page 2 of2