HomeMy WebLinkAbout2001 09 10 Consent C Florida Recreational Development Assistance Program Agreement for Torcaso Park
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COMMISSION AGENDA
ITEM
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
c
9/10/01
Meeting
MGR. {Y-- IDEPT C J?
Authorization
REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize
the City Manager and City Attorney to execute the Florida Department of
Environmental Protection, Florida Recreation Development Assistance Program
Project Grant Agreement for development of Torcaso Park.
PURPOSE: The purpose of this item is to obtain City Commission approval to execute the
agreements necessary to receive $ 200,000.00 from the State of Florida for
improvements made to Torcaso Park.
CONSIDERATIONS:
. On September 25, 2000, the commission approved the submission of a Florida Recreational
Development Assistance Program Grant to the State of Florida, Department of Environmental
Protection.
. On February 7, 2001 staff received the project priority list (ranking) of all grant applications. The
City of Winter Springs; Torcaso Park Project scored #32 out of 137 large projects.
. The City of Winter Springs has been approved for $ 200,000.00 in a grant for Torcaso Park.
. Staff will submit the proper completion documentation to the State.
. Staff will erect a permanent information sign at Torcaso Park, which credits a portion of the
funding from DEP and FRDAP.
. Staff will file in the County Courthouse with the deed to the property the Notification of
Limitation of Use/Site Dedication Form, Project Agreement and Project Boundary Map. Torcaso
Park shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the
general public.
FUNDING:
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None Required,
RECOMMENDATION:
Staff is recommending approval to authorize the City Manager and City Attorney to execute the
Florida Department of Environmental Protection, Florida Recreation Development Assistance
Program Grant Agreement for development of Torcaso Park.
IMPLEMENTATION SCHEDULE:
September, 2001
Execution of project agreement.
October, 2001
Completion of documentation submitted.
November, 2001
$ 200,000,00 funding received by the City of Winter Springs.
ATTACHMENTS:
Attachment # 1
Florida Department of Environmental Protection, Florida Recreation
Development Assistance Program Project Grant Agreement.
COMMISSION ACTION:
2
ATTACHMENT 1f1
Department of
Environmental Protection
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
David B. Struhs
Secretary
August 15, 200 I
Mr. Chuck Pula
Director
Recreation and Parks
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Torcaso Park
FROAP Project No. F02213
Dear Mr. Pula:
Thank you for your letter accepting the Florida Recreation Development Assistance Program (FROAP)
grant. The grant agreement has been prepared in accordance with your acceptance letter. It is important
that you review the agreement to ensure that information specific to your project is accurate.
. Please execute and return both original copies of the agreement. In signing the agreement, do not
complete the blank space for the date. Our staff will date the agreement when formally executed by
the Department and one original copy will be returned to you.
Thank you for your attention to this matter. If you have any questions, please contact us at
(850) 488-7896 or Suncom 278-7896.
Sincerely,
a.@~~
A. Diane Langston
Community Assistance Consultant
Bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station #585
ADLllp
Enclosure
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"More Protection, Less Process"
Printed on recycled paper.
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F0213
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this
day of
, 200__, by and between the State of Florida, DEPARTMENT
of Environmental Protection, hereinafter called the DEPARTMENT, and
the City of Winter Springs, hereinafter called the GRANTEE, 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 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 August 23,2000, which is incorporated into this
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 Agreement.
2. The DEPARTMENT has found that public outdoor recreation is
the primary purpose of the project known as Torcaso Park
(Florida Recreation Development Assistance Program, FRDAP
Project Number F02213), hereinafter called the PROJECT, and
enters into this Agreement with the GRANTEE for the
development of that real property, the legal description of
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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: Tot playground, fishing pier, picnic
pavillion, bike path, renovate youth playground, parking,
restroom, and other related support facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis, to
the GRANTEE, funds not to exceed $200,000, which will pay
the DEPARTMENT'S share of the cost of the PROJECT.
DEPARTMENT fund limits are based upon the following:
DEPARTMENT Amount
GRANTEE Match
$200,000
$200,000
50%
50%
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Type of Match Cash and/or In-kind Services
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 Contract 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-A037, referenced
in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the
request for payment.
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6. 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 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
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and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting forFRDAP 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.
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Allowable indirect costs shall not exceed 15% of the
GRANTEE'S eligible wages and salaries. Indirect costs that
exceed 15% must be approved in advance in writing by the
DEPARTMENT to be considered eligible PROJECT expenses.
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8. Pursuant to s. 215.422, Florida Statutes, the Department's
Project Manager shall have five (5) working days, unless
otherwise specified herein, to inspect and approve the
payment requests for payment. The DEPARTMENT must submit a
request for payment to the Florida DEPARTMENT of Banking and
Finance within twenty (20) days; and the DEPARTMENT of
Banking and Finance has fifteen (15) days to issue a
warrant. Days are calculated from the date the invoice is
received or the date the services are received, inspected,
and approved, whichever is later. Invoice payment
requirements do not start until a complete and correct
invoice has been received. Invoices which have to be
returned to the GRANTEE for correction(s) will result in a
delay in the payment. A Vendor Ombudsman has been
established within the Florida DEPARTMENT of Banking and
Finance who may be contacted if a contractor is experiencing
problems in obtaining timely payment(s) from a State of
Florida agency. The Vendor Ombudsman may be contacted at
(850)410-9724 or (800)848-3792.
9. In accordance with s. 215.422, Florida Statutes, the
DEPARTMENT shall pay the GRANTEE interest at a rate as
established by s. 55.03(1), Florida Statutes, on the unpaid
balance, if a warrant in payment of an invoice is not issued
within 40 days after receipt of a correct invoice and
receipt, inspection, and approval of the goods and services.
Interest payments of less than $1 will not be enforced
unless the GRANTEE requests payment. The interest rate
established pursuant to s. 55.03(1), Florida Statutes, by
Comptroller's Memorandum No. 12 (1999-00) dated December 2,
2000, has been set at 11.0% per annum or .0003014% per day.
The revised interest rate for each calendar year beyond 2000
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for which the term of this Agreement is in effect can be
obtained by calling the DEPARTMENT of Banking and Finance,
Vendor Ombudsman at the telephone number provided above or
the Department's Contracts Section at 850/922-5942.
10. It is understood by the parties that the amount of this
Agreement may be reduced should the Governor's Budget Office
declare a revenue shortfall and assess a mandatory reserve.
Should a shortfall be qeclared, the amount of this Agreement
may be reduced by the same percentage as the DEPARTMENT is
assessed for the mandatory reserve.
11. PROJECT funds may be reimbursed for eligible pre-agreement
expenses (as defined in s. 620-5.054(29) of the RULE)
incurred by GRANTEE prior to execution of this 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 Agreement
with the exception of those expenditures which meet the
requirements of the foregoing sections of the RULE.
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12. 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-D.058(6) (f) of the
RULE, to the DEPARTMENT upon determining that the
documentation complies with the RULE, the DEPARTMENT will
give notice to GRANTEE to commence the development and
approve the request for payment.
13. The Grantee shall obtain all required local, state and
federal permits and approvals prior to commencement of
project construction and shall certify that it has done so
to the Department by completing the Permitting
Certification, FPS-A034, referenced in s. 620-5.058(7) (c) of
the Rule.
14. This Agreement shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT elements
on or before The GRANTEE may request up
to two (2) one (1) year extensions from the DEPARTMENT for
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good cause at the written request of the GRANTEE and such
request must be made prior to the PROJECT completion date.
Project must be completed within 5 years, or money may
revert.
15. Project complet.ion means the project is open and available
for use by the public. Project must be completed prior to
release of final reimbursement.
16. Any local governmental entity, nonprofit organization, or
for-profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall:'
If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor
General promulgated pursuant to s. 11.45, Florida Statutes;
or
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If the amounts received exceed $25,000, but do not exceed
$100,000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to s.
11.45, Florida Statutes, or have a statement prepared by an
independent certified public accountant which attests that
the receiving entity or organization has complied with the
provisions of this Agreement; or
If the amounts received do not exceed $25,000, have the head
of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with
the provisions of this Agreement.
17. A copy of the audit or attestation as required in Paragraph
16, shall be submitted to the DEPARTMENT within one (1) year
from the PROJECT completion date as set forth in the PROJECT
completion certificate.
18. In addition to the provisions contained in Paragraph 16
above, the Grantee shall comply with the applicable
provisions contained in Attachment 1. A revised copy of
Attachment 1, Exhibit-I, must be provided to the Grantee
with each amendment which authorizes a funding increase or
decrease.. The revised Exhibit-1 shall summarize the funding
sources supporting the Agreement for purposes of assisting
the Grantee in complying with the requirements of Attachment
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21.
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1. If the Grantee fails to receive a revised copy of
Attachment 1, Exhibit-I, the Grantee shall notify the
Department's Contracts 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 GRANTEE'S non-
compliance with this 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
Following receipt of an audit report identifying the
DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the
GRANTEE of any reimbursement due the DEPARTMENT.
20. The GRANTEE shall retain all records supporting PROJECT
costs for three (3) 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 three-year retention period. The
DEPARTMENT, State Auditor General, State Comptroller and
other agencies or entities with jurisdiction shall have the
right to inspect and audit the GRANTEE'S records for said
PROJECT within the three-year retention period.
The DEPARTMENT'S Contract Manager for the purpose of this
Agreement shall be responsible for ensuring performance of
its terms and conditions and shall approve all reimbursement
requests prior to payment. The GRANTEE'S Liaison Agent, as
identified in the PROJECT application, or successor, shall
act on behalf of the GRANTEE relative to the provisions of
this Agreement. The GRANTEE'S Liaison Agent, shall submit
to the DEPARTMENT signed PROJECT status reports every ninety
(90) days summarizing the work accomplished, problems
encountered, percentage of completion, and other information
which may be requested by the DEPARTMENT. Photographs to
reflect the construction work accomplished shall be
submitted when the DEPARTMENT requests them. Any and all
notices shall be delivered to the parties at the following
addresses:
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Grantee
Department
Mr. Chuck Pula
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
A. Diane Langston
Dept. of Environmental Protection
3900 Commonwealth Blvd., MS 585
Tallahassee, Florida 32399-3000
22. Prior to final reimbursement, the GRANTEE must erect a
permanent information sign on the PROJECT site which credits
PROJECT funding or a portion thereof, from the Florida
Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
23. The DEPARTMENT has the right to inspect the PROJECT and any
and all records related thereto at any reasonable time.
24. This Agreement may be unilaterally canceled by the
DEPARTMENT in the event the GRANTEE refuses to allow public
access to all documents, papers, letters or other materials
made or received in conjunction with this Agreement pursuant
to the provisions of Chapter 119, Florida Statutes.
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25. The DEPARTMENT shall also 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 Agreement. The GRANTEE, upon such written notification
from the DEPARTMENT, shall refund, and shall forthwith pay
to the DEPARTMENT, the amount of money demanded by the
DEPARTMENT. Interest on any refund shall be calculated and
determined pursuant to Section 55.03(1) of the Florida
Statutes. Interest shall be calculated from the date(s) of
payment(s) to the GRANTEE by the DEPARTMENT to the date
repayment is made by GRANTEE.
26.
The GRANTEE shall comply with all federal, state and local
rules, regulations and ordinances in acquiring and
developing this PROJECT. The GRANTEE acknowledges that this
requirement includes compliance with all federal, state and
local health and safety rules and regulations including all
applicable building codes. The GRANTEE further agrees to
ensure that the GRANTEE'S contract will include the
requirements of this paragraph in all subcontracts made to
perform this Agreement.
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27. 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 Administrative Rule 62D-
5.059(2). 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 general
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 public
property records by the GRANTEE. Such PROJECT shall be open
at reasonab~e times and shall be managed in a safe and
attractive manner appropriate for public use.
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28. Failure to comply with the provisions of the RULE or the
terms and conditions of this Agreement will result in
cancellation of the Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE
or this Agreement a notice in writing of the particular
violations stating a reasonable time to comply. Failure to
comply within the time period state in the written notice
shall result in cancellation of the Agreement and may result
in the imposition of the terms in Paragraph 25.
29. In the event of conflict in the provisions of the Rule, the
Agreement and the Project Application, the provisions of the
Rule shall control over this Agreement and this Agreement
shall control over the Project Application documents.
30. If the DEPARTMENT determines that site control is not
sufficient under the RULE the DEPARTMENT shall give the
applicant a notice in writing and a reasonable time to
comply. If the deficiency cannot be reasonably corrected
within the time specified in the notice, the DEPARTMENT
shall cancel this AGREEMENT.
31. The State of Florida's performance and obligation to pay
under this Agreement is contingent upon an annual
appropriation by the Florida Legislature.
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32. This Agreement strictly prohibits the expenditure of FRDAP
funds for the purpose of lobbying the Florida Legislature,
the judicial branch, or a state agency.
33. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability level, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
34. Each party hereto agrees that it shall be solely responsible
for the wrongful acts of its employees and agents. However,
nothing contained herein shall constitute a waiver by either
party of its sovereign immunity or the provisions of s.
768.28, Florida Statutes.
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35. The employment of unauthorized aliens by any GRANTEE is
considered a violation of s. 274A(e) of the Immigration and
Nationality Act. If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for
unilateral cancellation of this Agreement. The GRANTEE
shall be responsible for including this provision in all
subcontracts with private organizations made to perform this
Agreement.
36. A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime
may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public
entity in excess of the threshold amount provided in s.
287.017, Florida Statutes, or Category Two, for a period of
36 months from the date of being placed on the convicted
vendor list.
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37. The 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 Agreement shall be
interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this Agreement
shall be prohibited or invalid under applicable law, such
provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the
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remainder of such provision or the remaining provisions of
this Agreement. Any action hereon or in connection herewith
shall be brought in Leon County, Florida unless prohibited
by law.
38.
No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either
party under this 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.
39. This Agreement is not intended nor shall it be construed as
granting any rights, privileges or interest in any third
party without mutual written agreement of the parties
hereto.
40. This Agreement is an exclusive contract and may not be
assigned in whole or in part without the written approval of
the Department.
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41. This Agreement represents the entire agreement of the
parties. Any alterations, variations, changes,
modifications or waivers of provisions of this 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 Agreement.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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presents to be duly executed on the day and year first above written.
IN WITNESS WHEREOF, the parties hereto have caused these
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
CITY OF WINTER SPRINGS
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By:
By:
Division Director (qr Designee)
Division of Recreation and Parks
Title:
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
.900 Commonwealth Boulevard
ail Station 585 .
Tallahassee, Florida 32399-3000
Address:
1126 East State Road 434
Winter Springs, Florida 32708
d,Q~ ~
DEP Contract?M nag r
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
June 6, 2001 for use for one year.
Grantee Attorney
DEP 42-058
Revised 05-18-2001
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Attachment -1
SPECIAL AUDIT REQUIREMENTS
The administration of funds 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 section.
MONITORING
. .
In addition to reviews of audits conducted in accordance with OMB Circular A-I33, as revised (see "AUDITS"
below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope
audits as defined by OMB Circular A-I33, as revised, and/or other procedures. By entering into this agreement, the
recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Department of Environmental Protection. In the event the Department of Environmental Protection determines that
a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller 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. 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 funds 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-I33, as revised. An audit of the recipient conducted by the
Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements
of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 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-133, as revised, is not required. In the event that the recipient expends
less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with
the provisions of OMB Circular A-I33, as revised, the cost of the audit must be paid from non-Federal funds
(i.e., the cost of such an audit must be paid from recipient funds 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.
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.
.
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), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting
package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by
the auditor, to the Department of Environmental Protection at each of the following addresses:
A. Diane Langston
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
. Tallahassee, Florida 32399-2400
3. Copies of 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 each Of the following addresses:
A. Diane Langston
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 B lair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32302-1450
.
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 each of the following
addresses:
.
.
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EXHIBIT - 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Funds A warded to the Recipient Pursuant to this Al!reement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Funds A warded to the Recipient Pursuant to this Agreement Consist of the Followine Matchinl! Funds for Federal Prol!rams:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Funds A warded to the Recioient Pursuant to this Al!reement Consist of the Followinl! Funds Subject of Section 215.97, F.S.:
Catalog of
State
Financial CSFA Title State
State Program State Assistance or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Original Florida Recreation 2001-2002 37017 Land Acquisition Trust Fund $200,000.00 140002
Agreement Development Assistance
Program
Total A ward I
I"'.;""' 'l'r.' q"'" " "~I
$200,000.00 ~=~;:i.'~tJ~:-''0<::'':'7~;'
For each program identified above, the recipient shall comply with the program requirements described in the Federal Catalog of Domestic Assistance (CFDA)
[htto://asoe.os.dhhs.gov/cfda] and/or the Florida Catalog of State Financial Assistance (CFSA) [htto://sun6.dms.state.fl.us/fsaa/l. 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.
, _":~lt
.a,. ) J
7 .;-' . J..
F3670
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ( FRDAP )
Project Grant Agreement (FY 2002-03) - Development
This Agreement is made and entered into this . ;24t-h day of
.~mb%2oo~, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY
OF WINTER SPRINGS, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant. to
section 375.075, Florida Statutes, and chapter 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
August 23,2000, 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 Torcaso Park Expansion
(Florida Recreation Development Assistance Program, FRDAP Project
Number F03670 ), hereinafter called the PROJECT, and enters into
this Project Agreement wlth 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
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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: Football field, splash
playground, bike trail, parking, landscaping, lighting, and other
related support facilities.
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 fund
limits are based upon the following:
'DEPARTMENT Amount $ 200,000 50%
GRANTEE Match $ 200,000 50%
Type of Match Cash and/or In-Kind Service 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 Contract 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-A037,
referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve
the request for payment.
6. The DEPARTMENT will periodically request proof of a transaction
(invoice, payroll register, etc.) to evaluate the appropriateness
of costs to the agreement pursuant to State and Federal
guidelines including cost allocation guidelines), as appropriate.
This information when ~equested must be provided within 30
calendar days of such request. The Grantee may also be required
to submit a cost allocation plan to the Department in support of
its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for amounts due under
this agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. State guidelines for
allowable costs can be found in the State Comptroller's Voucher
Processing Handbook at
(<http://www.dbf.state.f1.us/aadir/mainindex.htm1) .
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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 PRo.CEDURE. 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.
8. Allowable indirect costs as defined in the PROCEDURE shall not
exceed 15% of the GRANTEE'S eligible .wages and salaries. 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 Budget 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. PROJECT funds may be reimbursed for eligible preagreement
Expenses (as defined in s. 62D-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.
1l. 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(6) (f) 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.
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12. The Grantee shall obtain all required local, state and federal
permits and approvals prior to commencement of project
construction and shall certify that it has done so to the
DEPARTMENT by completing the Permitting Certification, FPS-A034,
referenced in s. 62D-5.058(7) (c) of the RULE.
13. This Project Agreement shall become effective upon execution and
the GRANTEE sha~l complete co~~truction of all PROJECT ELEMENTS
on or before ...."20 Pi ? D ;::;.00 (hereinafter referred to as the
PROJECT completion date) .' The GRANTEE may request up to two (2)
one (1) year extensions from the DEPARTMENT for good cause at the
written request of the GRANTEE and such request must be made
prior to the PROJECT completion date. PROJECT must be completed
within 5 years, or money may revert.
14. Project completion means the project is open and available for
use by the public. Project must be completed prior to release of
final reimbursement.
15. 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 Comptroller
and other agencies or entities with jurisdiction shall have. the
right to inspect and audit the GRANTEE'S records for said PROJECT
within the five-year retention period.
16. In addition to the provisions contained in Paragraph 15 above,
the GRANTEE shall comply with the applicable provisions contained
in Attachment 1. A revised copy of Attachment 1, Exhibit-l, must
be provided to the GRANTEE with each amendment which authorizes a
funding increase or decrease. The revised Exhibit-I.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.
17. Following receipt of an audit report 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 ideritified as being
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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.
18. 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.
19. To the extent required by law, the Grantee will be self-insured
against, or will secure and maintain during the life of this
Agreement, Workers' Compensation Insurance for all employees
connected with the work of this project and, in case any work is
subcontracted; the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of
the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program
or insurance coverage shall comply fully with the Florida
Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the Grantee shall provide,
and cause each subcontractor to provide, adequate insurance
satisfactory to the Department, for the protection of his
employees not otherwise protected.
20. The purchase of non-expendable equipment is not authorized under
the terms of this Agreement.
21. The DEPARTMENT'S Grant Manager for the purpose of this Project
Agreement shall be responsible for ensuring performance of its
terms.and conditi.ons and shall approve all reimbursement requests
prior to payment. The GRANTEE's Grant Manager, as identified in
the PROJECT application, or successor, shall act on behalf of the
GRANTEE relative to the provisions of this Project Agreement.
The GRANTEE, shall submit to the DEPARTMENT signed PROJECT. status
reports every ninety (90) days summarizing the work accomplished,
problems encountered, percentage of completion, and other
information which maybe requested by the DEPARTMENT.
Photographs to reflect the construction work accomplished shall
be.submitted when the DEPARTMENT requests them. Any and all
notices shall be delivered to the parties at the following
addresses:
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Grantee's Grant Manager Department's Grant Manager
Mr. Chuck Pula A. Diane Langston
Director Dept. of Environmental Protection
1126 East State Road 434 3900 Commonwealth Blvd., MS 585
Winter Springs, Florida, 32708 Tallahassee, Florida 32399-3000
22. Prior to final reimbursement, the GRANTEE must erect a permanent
information sign on the PROJECT site which credits PROJECT.
funding or a portion thereof, from the Florida Department of
Environmental Protection and the Florida Recreation Development
Assistance Program.
23. The DEPARTMENT has the right to inspect the PROJECT and any and
all records related thereto at any reasonable time.
24. 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.
25. 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.
26. The GRANTEE shall comply with all federal, state and local rules,
regulations and ordinances in acquiring and developing this
PROJECT. The GRANTEE acknowledges that this requirement includes
compliance with all federal, state and local health and safety
rules and regulations including all applicable building codes.
The GRANTEE further agrees to ensure that the GRANTEE'S contract
will include the requirements of this paragraph in all
subcontracts made to perform this Project Agreement.
27. 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
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public as stated in Administrative Rule 62D-5.059(1). 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 general 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
public 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.
28. Failure to comply with the provisions of the RULE or the terms
and conditions of this Project Agreement will result in
cancellation of the Project Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE or
this Project Agreement a notice in writing of the particular
violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall
result in cancellation of the Project Agreement and may result in
the imposition of the terms in Paragraph 25.
29. 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.
30. If the DEPARTMENT determines that site control is not sufficient
under the RULE the DEPARTMENT shall give the applicant a notice.
in writing and a reasonable time to cpmp1y. If the deficiency
cannot be reasonably corrected within the time specified in the
notice, the DEPARTMENT shall cancel this Project Agreement.
31. The State of Florida's performance and obligation to pay under
this Project Agreement is contingent upon an annual appropriation
by the Florida Legislature.
32. This Project Agreement strictly prohibits the expenditure of
FRDAP funds for the purpose of lobbying the legislative,
judicial, or executive branch of local, state, or federal
government.
33. A. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or disability, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Project Agreement.
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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 1eases.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.
34. Each party hereto agrees that it shall be solely responsible for
the wrongful acts of its employees and agents. However, nothing
contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of s. 768.28, Florida
Statutes.
35. The employment of unauthorized aliens by any GRANTEE is
considered a violation of the Immigration and Nationality Act 8
USCA s.1324a(1) (A). If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Project Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts with
private organizations made to perform this Project Agreement.
36. A person or affiliate who has been placed on the convicted vendor
list following a conviction for public entity crime may not
perform work asa grantee, contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, or
Category Two, for a period of 36 months from the date of being
placed on the convicted vendor list.
37. 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 provislon 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 pro~ision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of
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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.
38. 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.
39. This Project Agreement is not intended nor shall it be cons.trued
as granting any rights, privileges or interest in any third party
without mutual written agreement of the parties hereto.
40. This Project Agreement is an exclusive contract and may not be
assigned in whole or in part without the written approval of the
DEPARTMENT.
41. This Project Agreement represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or
waivers of provisions of this Project Agreement shall only be
valid when they have been reduced to writing, duly executed by
each of the parties hereto, and attached to the original of this
Project Agreement.
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IN WITNESS wHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
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STATE OF FLORIDA DEPARTMENT OF CITY OF WINTER SPRINGS
ENVIRONMENTAL PROTECTION ..
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By: By: Ii~w tj',:~~~
Division Director (or Designee) Person AU~l1orrZ'iad' to Sign
Division of Recreation and Parks
';(O/IJ jJ l.tJ ftJ, Mt' ~ l: (,i1.a/{ JO
Printed Name
Ct T~ . JIM 11//1" \5 /l
Title
Address: Address:
Bureau of Design and Recreation Services 1126 East State Road 434
Division of Recreation and Parks Winter Springs, Florida 32708
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
~.CQ-Ld~ ~
DEP Grant Manag~
Approved as to Form and Legality: Grantee Attorney
This form has been pre-approved as to
form and legality by Jerome I.
Johnson,Assistant General Counsel, on
July 26, 2002 for use for one year.
DEP 42-058
Revised 04-05-2002
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SINGLE AUDIT ACT - 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 withOMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
. entering into this Agreement, the recipient agrees to comply and . cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In' the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
. recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary b:t the Comptroller or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $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-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart Cof OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A- 133, as revised, is not required. . In the event 'that the
recipient expends less than $300,000 in Federal awards in its fiscalyear and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resourct:s (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://aspe.os:dhhs.gov/cfda.
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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.
l. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the' recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement
indicates State financial assistance awarded through the Department of Environmental Protection by this.
Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall
consider all sources of State financial assistance, including State financial assistance received from the
Department of Environmental Protection, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass-through awards and resources received by a nonstate
. entity for Federal program matching requirements.
. .
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local goverrimental 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 (CFSA), a recipient should
access the Florida Single Audit Act websitelocated at http://sun6.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 a~sistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website htto:!!www.Ieg.state.fl.us!, Governor's Website htto:!!www.flgov.coml, Department of Banking
and Finance's Website htto:!!www .dbf.state. fl. us!, and the Auditor General's Website
htto:!!www .state. fl. us! a udgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is f10t 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 qgency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
l. Copies of reporting packages for audits conducted in accordance with OMB Circular A-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:
A. The Department of Environmental Protection at each of the following addresses:
A. Diane Langston.
Florida Department of Environmental Protection
Bureau of Design and Recreation Services -
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
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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-l33, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-B3, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. . Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular X-B3, 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 of Environmental Protection at each of the following
addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design andRecreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
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 each" of the following addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design and Recreation Services " .
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
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 l~epper Buildil!g
. 111 West Mad~son Street . --
Tallahassee, Florida 32399-1450
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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 each of the following
addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-l33, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-l33, 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 (specify appropriate number of years, should be at least five years) years from the date the audit report
is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, 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, Comptroller, or Auditor General upon request for a
period of 3 (specify appropriate number of years) years from the date the audit report is issued, unless extended in
writing by the Department of Environmental Protection.
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DEP 55-203'(02-03) - ,.. - Page 4 of 4
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EXHIBIT - 1 ~
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FUNDS AWARDED TO THE REOPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: "
I
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Followin~ : ',I
Federal State ! I
CFDA Appropriation I
Program
Number Federal Agency Number CFDA Title Funding Amount Category
.
I
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State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal
Programs:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Fundinq Amount Category
'.
.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section
215.97, F.S.:
Catalog of
State
Financial CSFA Title State
State State Assistance or Appropriation ,-
Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Number !
37017 FRDAP $200,000.00 140002 I
F03670 LATF 02/03
il
Total Award
For each program identified above, the recipient shall comply with' the program requirements described in the Federal Catalog of Domestic Assistance (CFDA)
fhtto://asoe.os.dhhs.qov/cfdal and/or the Florida Catalog of State Financial Assistance (CFSA) fhtto:llsun6.dms.state.f1.us/fsaa/cataloq.html. 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
"