HomeMy WebLinkAbout2003 09 22 Consent 202 Central Winds Park Phase II
COMMISSION AGENDA
CONSENT
x
INFORMATIONAL
ITEM 202
PUBLIC HEARING
REGULAR
9/22/03
MGR.
inEPT C,~
Meeting
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 Central Winds Park Phase II.
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 Central Winds Park.
CONSIDERATIONS:
. On August 12, 2002, the commission approved the submission of a Florida Recreational
Development Assistance Program Grant to the State of Florida, Department of Environmental
Protection.
. On February 6, 2003 staff received the project priority list (ranking) of all grant applications.
. The City of Winter Springs has been approved for $ 200,000.00 in a grant for Central Winds
Park.
. On September 2, 2003, staff was informed that the project that was funded was the other
FRDAP Grant for Soccer Lighting, Playground, Picnic and Paved Access Road.
. This agreement for Central Winds Park Phase II is for improvements, most of which are
completed (Soccer lighting, Playground and Picnic Area). The only improvement not yet
completed is the paved access road.
. Staff estimated a cost of $ 50,000 and will come back to Commission with a supplemental
appropriation request from park impact fees when a bid is obtained for the paved access road.
Staffwill submit the proper completion documentation to the State.
1
. Staffwill erect a permanent information sign at Central Winds 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. Central
Winds Park shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit
of the general public.
FUNDING:
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 Improvements to Central Winds Park.
IMPLEMENTATION SCHEDULE:
October, 2003
Execution of project agreement.
January, 2004
Completion of documentation submitted.
March, 2004
$ 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
A TT ACHMENT # 1
DEP Agreement No. F4263
CSFA Number: 37.017
CSF A Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2003-04) - Development
'.
This Agreement is made and entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the
DEPARTMENT, and the CITY OF WINTER, SPRINGS, hereinafter called the
GRANTEE, a local government, in furtherance of an approved public outdoor recreation
project. In consideration of the mutual covenants contained herein and pursuant to
section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative
Code, the parties hereto agree as follows:
1 . This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative
Code, hereinafter called the RULE. The GRANTEE shall comply with all
provisions of the RULE, effective July 5, 2001, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It ts 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, F~DAP Project Number F40263), hereinafter
called the PROJECT, and enters into this PROJECT AGREEMENT with the
GRANTEE for the development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3 . The GRANTEE shall construct; or cause to be constructed, certain public outdoor
recreation facilities and improvements consisting of the following PROJECT
ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows
good cause: Light soccer fields, picnic area, bike path, access road, renovate
playground, and other related support facilities.
DEP Agreement No. F4263, Page 1 of 9
DEP 55-231 (06/03)
4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/In-Kind Services and/or Land Value
5 . The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-aUdit and post-audit review. Within sixty
(60) days after receipt of the request, the DEPARTMENT's Grant Manager shall
review the completion documentation and payment request from the GRANTEE
for the PROJECT. If the documentation is sufficient and meets the requirements
of the Florida Recreation Development Assistance Program Completion
Documentation Form, DEP Form FPS-A036, referenced in s. 62D-5.058(6)(g),
the DEPARTMENT will approve the request for payment.
6. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State and Federal guidelines (including cost allocation
guidelines), as appropriate. When requested, this information must be provided
within 30 calendar days of the date of such request. The GRANTEE may also be
required to submit a cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative costs, and fringe benefits).
All bills for amounts due under this Agreement shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. State guidelines for
allowable costs can be found in the Department of Financial Services' Reference
Guide for State Expenditures at www.dbf.state.f1.us/aadirlreference 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 ~dopted procurement procedures. Expenses representing the
PROJECT costs, including the required matching contribution, shall be reported
to the DEPARTMENT and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed under the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
DEP Agreement No. F4263, Page 2 of 9
DEP 55-231 (06/03)
8 . Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
9. It is understood by the parties that the amount of this PROJECT AGREEMENT
may be reduced should the Governor's Office declare a revenue shortfall and
assess a mandatory reserve. Should a shortfall be declared, the amount of this
PROJECT AGREEMENT may be reduced by the same percentage as the
DEPARTMENT is assessed for the mandatory reserve.
'.
10. A. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
The parties hereto understand that this Agreement is not a commitment of
future appropriations.
B. The GRANTEE understands that the funds supporting this Agreement are
subject to certification forward approval by the Governor's Office on June
30th each year. The GRANTEE understands and agrees that if the
Governor's Office does not approve the DEPARTMENT's request to
certify the funds forward, the GRANTEE will not be eligible for
reimbursement after the reversion of said funds.
11 . All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
12 . PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 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.
13. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursemenUCommencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
14 . The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to commencement of project construction and shall certify that it
DEP Agreement No. F4263, Page 3 of 9
DEP 55-231 (06/03)
has done so to the DEPARTMENT by completing the Permitting Certification,
FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE.
15. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE sh~1I r.omplete construction of all PROJECT ELEMENTS on or before
,-Iv'D.- (hereinafter referred to as the PROJECT completion
date). The GRANTEE may request up to two (2) one-year extensions from the
DEPARTMENT for good cause by submitting a written request to the
DEPARTMENT. Such request must be made prior to the PROJECT completion
date. However, the GRANTEE understands that if the Governor's Office does not
approve the DEPARTMENT's request to ~rtify the funds forward on June 30th of
each year, the GRANTEE will not be eligible for reimbursement after the
reversion of said funds.
16 . Project completion means the project is open and available for use by the public.
Project must be completed prior to release of final reimbursement.
17. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fisyal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
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 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 identified as being
due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of any
reimbursement due the DEPARTMENT.
DEP Agreement No. F4263, Page 4 of 9
DEP 55-231 (06/03)
20 . The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability except
as specifically provided in this PROJECT AGREEMENT.
21. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
22 . The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
23. The DEPARTMENT's Grant Manager for the purpose of this PROJECT
AGREEMENT shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 24, or successor, shall act
. on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every one hundred twenty (120) days summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the DEPARTMENT. Photographs to
reflect the construction work accomplished shall be submitted when the
DEPARTMENT requests them.
24. Any and all notices required by this PROJECT AGREEMENT shall be delivered
to the parties at the following addresses:
GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Mr. Chuck Pula
Director
1126'East State Road 434
Winter Springs, Florida 32708
A. Diane Langston
Florida Department of 'Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
DEP Agreement No. F4263, Page 5 of 9
DEP 55-231 (06/03)
25 . Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
26. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
27. This Agreement may be unilaterally canceled by the 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 acknowledges that
this requirement inciudes 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 Eledicated 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 in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the GRANTEE. Such
PROJECT shall be open at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
31 . Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
DEP Agreement No. F4263, Page 6 of 9
DEP 55-231 (06/03)
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and may result in the imposition of
the terms in Paragraph 28.
32. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the Rule shall control
over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall
control over the Project Application documents.
33 . If the DEPARTMENT determines that s1te control is not sufficient under the
RULE, the DEPARTMENT shall give the GRANTEE a notice in writing and a
reasonable time to comply. If the deficiency is not corrected within the time
specified in the notice, the DEPARTMENT shall cancel this PROJECT
AGREEMENT.
34. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
35. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. ' An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may riot 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 27 4A( e) of the Immigration and Nationality Act. If the Grantee
knowingly employs unauthorized aliens, such violation shall be cause for
DEP Agreement No. F4263, Page 7 of 9
DEP 55-231 (06/03)
unilateral cancellation of this Agreement. The Grantee shall be responsible for
including this provision in all subcontracts issued as a result of this Agreement.
38 . A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
39. The PROJECT AGREEMENT has been 'delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
. applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT. Any action hereon or in
connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
40 . No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT, shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
41. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
42. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the written approval of the DEPARTMENT. .
43. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, duly executed by each of the parties hereto, and attached to the original
of this PROJECT AGREEMENT.
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DEP Agreement No. F4263, Page 8 of 9
DEP 55-231 (06/03)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF WINTER SPRINGS
By: _' -No-
Division Director (or Designee)
Division of Recreation and Parks
By:
Printed Name:
Title:
Contract Execution Date
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
dr,k)~ ~~
DEP Grant Manager-
Grantee Attorney
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
April 9, 2003 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment
--L Special Audit Requirements (5 Paqes)
DEP Agreement No. F4263, Page 9 of 9
DEP 55-231 (06/03)
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to 'comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed 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 shalI consider alI 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-I~3, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-433, as
revised. .
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs.gov/cfda.
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DEP Agreement No.F4263, Attachment 1, Page 1 of 5
DEP 55-215 (04/03)
"
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
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 project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In <ietermining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State financial a,ssistance
received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Fx.deral direct or pass-through awards and resources
received by a nonstate entity for Federal program matchihg requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
ofa financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the
event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects
to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost
of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid
from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the
Governor's Office of Policy and Budget website located at htto://www.eog.state.fl.us/for assistance. In
addition to the above websites, the following web sites may be accessed for information: Legislature's
Website htto:l/www.leg.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'spolicy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215. 97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to
audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency
must arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
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DEP Agreement No. F4263, Attachment 1, Page 2 of 5
DEP 55-215 (04/03)
.'
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
'"
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised. '
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. F4263, Attachment 1, Page 3 of 5
DEP 55-215 (04/03)
EXHIBIT - 1
FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Redolent Pursuant to this A2reement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant.to this A2reement Consist of the FolIowinl! Matchin~ Resources for Federal Programs:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A2reement Consist of the Followin2 Resources Sub.iect to Section 215.97, F.S.:
Catalog of
State ./
State Financial CSF A Title State
Program State Assistance or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
F4263 Florida Forever 2003-2004 37.017 Florida Recreation Development $200,000.00 140002-04
Assistance Program
Total Award I
l~j1@)1[0:0!O:0:~1
For each program identified above, the recipient shall comply with the program requirements described in the Catatog of Federal Domestic Assistance (CFDA) rhtto:/lasoe.os,dhhs.gov/cfdal and/or the
Florida Catalog of State Financiat Assistance (CSFA) [htto:llsun6,dms,state.fl.us/fsaalcatatog.htm]. The services/purposes for which the funds are to be used are included in the Contract scope of
services/work. Any match required by the recipient is c1earty indicated in the Contract.
DEP Agreement No. F4263, Attachment 1, Page 5 of 5
DEP 55-215 (04/03)
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its ~ompliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, aiM shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
-,
DEP Agreement No. F4263, Attachment 1, Page 4 of 5
DEP 55-215 (04/03)
EXHmIT -1
FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Al!reement Consist of the Followinl!:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources Awarded to the Recioient Pursuant to this Al!:reement Consist of the FoUowin~ Matchin~ Resources for Federal Programs:
Federal State
Program Appropriation
Number Federal Agencv CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recioient Pursuant to this Agreement Consist of the Following Resources SubJect to Section 215.97, F.S.:
Catalog of
State /
State Financial CSF A Title State
Program State Assistance or Appropriation
Number ' Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
F4263 Florida Forever 2003-2004 37.017 Florida Recreation Development $200,000.00 140002-04
Assistance Program
I
Total Award I
1~_0~10~11
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [htto:llasoe,os.dhhs.ll:ov/cfda] and/or the
Ftorida Catalog of State Financiat Assistance (CSFA) fhtto:/lsun6,dms.state.fl.us/fsaa/cataloll:.htm). The services/purposes for which the funds are to be used are included in the Contract scope of
services/work. Any match required by the recipient is clearly indicated in the Contract.
.
DEP Agreement No. F4263, Attachment 1, Page 5 of 5
DEP 55-215 (04/03)
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"
Document Development Acquisition
Site Plan signed by certified engineer, X
surveyor or architect and grantee (2 copies)
List of Facilities and Improvements to be Built X
Signed and dated by project liaison
(Example Attached)
Permitting Certification (form enclosed) X
Survey/Boundary Map signed and sealed by a X X
registered surveyor (2 copies)
Title Search for 30 years previous to application X X
(form enclosed)
*Appraisal (1 copy) or Tax Assessed Value *X -X
.
REFER TO NEXT TWO PAGES FOR DETAILED DESCRIPTIONS OF REQUIRED COMMENCEMENT
DOCUMENTATION
.... .... .... ',_" '.._~<': .'_,.; ."~.. .;" '~-,.'~ ......;.:.;,; ~ ""~';;'_"'~".'.''''~.<>''~'~-l!',':''~ .~;.\'.~~-'.-..,: "'_'I'.:'.,"-/1..;:'..~::-"~"''''''< ...~."..r~.;j...;(r.'.,~..'....:::>,~'.i.;.:":../.:.:.:,-.
, *Req':lIre~_ f<>.r,geyeloprmm~, prqJe,~~':ItdlzIJjgJ.~,~~ ;Yc,tl_~~, r~~, rn~~Fh/~!~:;;;:i,~,"<':",.~~~:~';'::~":i;:'::
, ** AppralSCii :bf~.stiHe';app'r.ove;(j :apP'r~I~~t1f~;r~~tli ~~dJc>~f;A~q'~j~#19n.i~;;};:~\$:0~:.f, i~~
FPS-A034
Revised 7/23/03
N:'ilrants\Forms\Commencement Documents\CommenceckJist.doc
Florida Department of Environmental Protection
Florida Recreation Development Assistance Program
Pre-Reimbursefl1entlCommencement Documentation - Development
Prior to requesting reimbursements, submit the following items to the Department for
approval:
1.
'..
A professional site plan (detail specifications not required). In addition, the project liaison
is required to sign and date the site plans. If part of a larger simultaneous development
or part of a phased project, please color code the current project elements and/or any
phases/existing elements. (2 copies)
2. A list identifying the quantity and type of primary outdoor recreation areas and facilities and
support facilities to be constructed, and cost estimate for each item, signed and dated by
the project liaison. (example attached)
3. Permitting Certification form signed and dated by the liaison agent.
4. A boundary survey of the project site, which includes a legal description of the property,
prepared and signed and sealed by a Florida, registered land surveyor. The survey
must be updated to within one year of the closing date of the application submission period.
(2 copies) ,
5. The results of a title search of the project area covering the thirty (30) year period prior to
approval by Department Secretary, or a copy of title insurance which attests to a clear title
owned by the grantee, with no liens, encumbrances or taxes held against the property. If a
'title search has not been done or title insurance has not been purchased, the grantee's
attorney can attest to a clear title owned by the grantee, with no liens, encumb~ances or
taxes held against the property by using the attached form. A warranty deed will not
'.. suffice. .
6. If land will be used as a match, send either a copy of the taxed assessed value or a
complete appraisal supporting fair market value of lana utilized as project matching funds.
Appraisal must be no earlier than one year prior to the closing date of the submission
period. The appraisal must be prepared by an appraiser included on the list of
approved appraisers maintained by the Department's Division of State Lands (DSL).
(CALL 850-245-2658) (One Copy)
Following approval of this documentation, the Department will issue written authorization to
commence project development an~.submit reimbur~ernent request. .
Revised 7/03
N:\granls\forms\Commencemenl Documenls\Devcommencelisl.doc
Florida Department of Environmental Protection
Florida Recreation Development Assistance Program
Pry - Reimbursement/Commencemellt Documentation -Acquisition
Prior to reimbursement or commencement of project acquisition, submit the following items
to the Department for approval:
1. An appraisal supporting fair market value of land to be acquired. If the property is $500,000 or
less in appraised value, an appraisal is required. If the property exceeds $500,000 in'
appraised value, two appraisals are required. The appraisal(s) shall be dated no earlier than
(6) months prior to the closing date of the application period. The appraisal must be ,
prepared by an appraiser included on the list of approved appraisers maintained by the
Department's Division of State Lands (DSL), (CALL 850-245-2658).
2. A boundary survey of the project site, which includes a legal description of the property,
prepared, signed and sealed by a Florida, registered land surveyor. The survey must be
updated to within one year of the closing date of the application submission period. (2 copies)
3. The results of a title search of the project area covering the thirty (30) year period prior to
approval by Department Secretary, or a copy of title insurance. If a title search has not been
done or title insurance has not been purchased, the grantee's attorney can attest 10 a clear title
owned by the grantee, with no liens or taxes held against the property by using the attached
form.
Foiiowi'ng approval 'of 'thisdocunlenta:tidn., the Department .wf(i:issuewritt~.~ i~!Jfh9.:fiza'iiq':h.'to
, . ,:.co.m'rTIen.~e proJecta~CJuis~~tQrt,ahds,lIbmit r~tm)~9.t~~m'~.DtJ:~Jll;I~~1~.~.:.-~.".: ,. :.",.~,
Revised 7/03
N :\grants\Forms\Commencement Documents\acqcommencelist.doc
EXAMPLE
'FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
, Constructed Areas and Facilities
Project NCiJme: Green Grass Park
Project No. FXXXXX
Primary Facilities/Areas:
Estimated Cost:
"
, 1,500 L.F. Boardwalk/Nature Trail
$XXXX.XX
5 Picnic Facilities (Shelters, Tables, Grills)
$XXX.XX
1 Picnic Pavilion 15' X 50'
$XXXX.XX
1 Boat Ramp 24'w
$XXXX.XX
2 Softball Fields-Adult-Lighted
$XXXX.XX
..
1 T-Ball Field-Lighted
$XXXX.XX
2 Little League Baseball Fields-Lighted
$XXXX.XX
1 Play Structure
$XXX.XX
Support Facilities/Areas:
1
Restroom
$XXXX.XX
5
Benches
$XXX.XX
100
Spaces Grass Parking Lot
$XXXX.XX
.
".
20
Spaces Boat Trailer Parking
$XXXX.XX
10
Trash Receptacles
$XXX.XX
$ Total Project Cost
$XXXXX.XX
Signature - Project Liaison
Revised 7/23/03
N:\grants\Forms\Frdap Misc\FACEX.DOC
Florida Department Of Environmental Protection
Florida Recreation Development Assistance Program
Permitting Certification
'.
Grantee
Project Name
Project Number
The GRANTEE certifies that all final plans and specifications (Le.; site, architectural,
engineering) to be used in conjunction with the above referenced project were prepared
and certified by an insured, registered architect, engineer, or landscape architect (as,
appropriate) and meets all applicable federal, state and local codes, and current
engineering practices; that health, safety, durability and economy were considered and
incorporated in these plans consistent with the scope and objectives of the project; that
equal access pursuant to the requirements of Federal law and Chapter 553 Florida
Statutes, is incorporated in the design of all facilities ,for individuals with disabilities; that
.
the proposed development is compatible with its surrounding environment; that all
required local, state and federal environmental permits and appr-ovals have been
-
obtained; and that provisions have been made to insure adequate supervision of
construction by competent personnel.
Date.
Project Liaison Agent
FPS-A035
Revised (11/00)
N :\grants\Forms\Commencement Documenls\Permitting Certification .doc
~
THIRTY YEAR OWNERSHIP & ENCUMBRANCE SEARCH
I HEREBY CERTIFY that I have checked the records of County, Florida for the
, as to the land hereinafter described and that said records reflect that the
record title to said land appears in the name of:
OWNER'S NAME:
ACQUIRED BY:
FROM:
DATED:
FILED:
RECORDED IN:
DESCRIPTION OF LAND:
"
SUBJECT TO THE FOLLOWING:
I. OUTSTANDING MORTGAGES:
2. OUTSTANDING LEASES:
3. EASEMENTS:
4. OPEN JUDGEMENTS:
~
5. UNPAID TAXES:
6. UNPAID TAX LEINS.of any kind:
7. UNPAID LIENS:
8. RESERVATIONS OF ANY KIND:
9. DECEDENTS ESTATES PENDING whereby ownership is affected:
10. ANY OTHER DEFECTS REFLECTED by the record:
DATED at County, Florida, this
BY:
TITLE:
(Grantee Attorney or Title Abstractor)
- \;
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~. V'":..
DEP Agreement No. F4263
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2003-04) - Development
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 development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3 . The GRANTEE shall construct, or cause to be constructed, certain public outdoor
recreation facilities and improvements consisting of the following PROJECT
ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows
good cause: Light soccer fields, picnic area, bike path, access road, renovate
playground, and other related support facilities.
DEP Agreement No. F4263, Page 1 of 9
DEP 55-231 (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 Recreation Development Assistance Program Completion
Documentation Form, DEP Form FPS-A036, referenced in s. 62D-5.058(6)(g),
the DEPARTMENT will approve the request for payment.
6. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State and Federal guidelines (including cost allocation
guidelines), as appropriate. When requested, this information must be provided
within 30 calendar days of the date of such request. The GRANTEE may also be
required to submit a cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative costs, and fringe benefits).
All bills for amounts due under this Agreement shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. State guidelines for
allowable costs can be found in the Department of Financial Services' Reference
Guide for State Expenditures at www.dbf.state.f1.us/aadir/reference Quide.
7 . The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE and incorporated into this PROJECT AGREEMENT by reference
as if fully set forth herein. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's adopted procurement procedures. Expenses representing the
PROJECT costs, including the required matching contribution, shall be reported
to the DEPARTMENT and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed under the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
DEP Agreement No. F4263, Page 2 of 9
DEP 55-231 (06/03)
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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 percentage as the
DEPARTMENT is assessed for the mandatory reserve.
10. A.
The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
The parties hereto understand that this Agreement is not a commitment of
future appropriations.
B. The GRANTEE understands that the funds supporting this Agreement are
subject to certification forward approval by the Governor's Office on June
30th each year. The GRANTEE understands and agrees that if the
Governor's Office does not approve the DEPARTMENT's request to
certify the funds forward, the GRANTEE will not be eligible for
reimbursement after the reversion of said funds.
11 . All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
12. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT as set forth in 5.620-5.055(9) of the
RULE. The DEPARTMENT and the GRANTEE fully understand and agree that
there shall be no reimbursement of PROJECT funds by the DEPARTMENT for
any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
13. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
14 . The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to commencement of project construction and shall certify that it
DEP Agreement No. F4263, Page 3 of 9
DEP 55-231 (06/03)
v
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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 AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or before
~(~\ IJtFf 9. (hereinafter referred to as the PROJECT completion
date). The GRANTEE may request up to two (2) one-year extensions from the
DEPARTMENT for good cause by submitting a written request to the
DEPARTMENT. Such request must be made prior to the PROJECT completion
date. However, the GRANTEE understands that if the Governor's Office does not
approve the DEPARTMENT's request to certify the funds forward on June 30th of
each year, the GRANTEE will not be eligible for reimbursement after the
reversion of said funds.
16 . Project completion means the project is open and available for use by the public.
Project must be completed prior to release of final reimbursement.
1 7 . The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
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 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 identified as being
due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of any
reimbursement due the DEPARTMENT.
DEP Agreement No. F4263, Page 4 of 9
DEP 55-231 (06/03)
v
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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.
21. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
22 . The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
23. The DEPARTMENT's Grant Manager for the purpose of this PROJECT
AGREEMENT shall be responsible for ensuring performance of its terms and
conditions 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
Mr. Chuck Pula
Director
1126 East State Road 434
Winter Springs, Florida 32708
DEPARTMENT's Grant Manager
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 acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
30 . Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 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 in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the GRANTEE. Such
PROJECT shall be open at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
31 . Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
DEP Agreement No. F4263, Page 6 of 9
DEP 55-231 (06/03)
v
v
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and may result in the imposition of
the terms in Paragraph 28.
32 . In the event of conflict. in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the Rule shall control
over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall
control over the Project Application documents.
33. If the DEPARTMENT determines that site control is not sufficient under the
RULE, the DEPARTMENT shall give the GRANTEE a notice in writing and a
reasonable time to comply. If the deficiency is not corrected within the time
specified in the notice, the DEPARTMENT shall cancel this PROJECT
AGREEMENT.
34. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
35. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
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)
v
v
unilateral cancellation of this Agreement. The Grantee shall be responsible for
including this provision in all subcontracts issued as a result of this Agreement.
38 . A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
39 . The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT. Any action hereon or in
connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
40 . No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT, shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
41 . This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
42. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the written approval of the DEPARTMENT.
43 . This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, duly executed by each of the parties hereto, and attached to the original
of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F4263, Page 8 of 9
DEP 55-231 (06/03)
v
v
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
BY:V~
Division Director (or Designee)
Division of Recreation and Parks
/p-?-03
Contract Execution Date
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
/(ZJ/~- ~ J ~~~
DEP Grant Mana~
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
April 9, 2003 for use for one year.
-.--.-
CITY OF WINTgR8PI3I~GS.
;:. -: ..- -
-
~
~
.--.
/~lt?- ~-1~ .
By: ftt7,v A t aM pC c). ~JVl 6~ J:)
Printed Name:
Title:
'1-q>,-~ 3
Date
Address:
1126 East State Road 434
Winter Springs, Florida 32708
A
Grantee Attorney
List of attachments/exhibits included as part of this Agreement:
Letter/
Number Description (include number of pages)
--L- Soecial Audit Reauirements (5 Paaes)
Specify
Type
Attachment
DEP Agreement No. F4263, Page 9 of 9
DEP 55-231 (06/03)
v
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ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $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 ofOMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://asoe.os.dhhs.gov/cfda.
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DEP Agreement No.F4263, Attachment 1, Page 1 of 5
DEP 55-215 (04/03)
v
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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.
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 project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State fmancial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State fmancial 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 fmancial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the
event that the recipient expends less than $300,000 in State fmancial assistance in its fiscal year and elects
to have an audit conducted in accordance with the 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/fsaalcatalol;!.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website htto://www.leg.state.fl.us/, Governor's Website htto://www.flgov.com/, Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Web site
htto:/ /www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to
audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency
must arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F4263, Attachment 1, Page 2 of 5
DEP 55-215 (04/03)
v
\wi
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. F4263, Attachment 1, Page 3 of 5
DEP 55-215 (04/03)
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
\.I
v
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F4263, Attachment 1, Page 4 of 5
DEP 55-215 (04/03)
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