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HomeMy WebLinkAbout2003 03 10 Consent H Acquisition of the Property for the Expansion of Central Winds Park COMMISSION AGENDA ITEM H CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR 3/10/03 Meeting MGR. fZ,-- IDEPT C\}? Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize the City Manager to execute the Florida Department of Environmental Protection, Land & Water Conservation Fund Program, Project Grant Agreement for the Acquisition ofthe Central Winds Park Expansion Property (Parker Property). PURPOSE: The purpose of this item is to obtain City Commission approval to execute the agreement necessary to receive $ 200,000.00 from the State of Florida for the Acquisition of the Property for the Expansion of Central Winds Park. CONSIDERATIONS: . On February 25, 2002, the commission approved the submission of a Land and Water Conservation Fund Program Grant to the State of Florida, Department of Environmental Protection. . On June 24,2002, the City Commission was informed ofDEP approval to award a $ 200,000 Land & Water Conservation Fund Program Grant to the City of Winter Springs. . Staffwill submit the proper completion documentation to the State. . Staffwill erect a permanent information sign on the expansion property, which credits a portion of the funding from the Land & Water Conservation Fund through the USDOI and DEP. . Staffwill 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. The Central Winds Park Expansion Property shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the general public. . The $ 200,000 is needed to help fund Phase I Construction costs (clearing, grading, retention, sodding, and irrigation). 1 FUNDING: None required (our match is the purchase price of the property). RECOMMENDATION: Staff is recommending approval to authorize the City Manager to execute the Florida Department of Environmental Protection, Land and Water Conservation Fund Program, Project Agreement for Acquisition of the Central Winds Park Expansion Property (Parker Property). IMPLEMENTATION SCHEDULE: April, 2003 August, 2003 September, 2003 Execution of project agreement. Completion of documentation submitted. $ 200,000.00 funding received by the City of Winter Springs. ATTACHMENTS: Attachment # 1 Florida Department of Environmental Protection, Land and Water Conservation Fund Program, FY 2001-2002, Project Agreement - Acquisition. COMMISSION ACTION: 2 A TT ACHMENT # 1 Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 David B. Struhs Secretary February 27, 2003 Mr. Chuck Pula Parks and Recreation Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Central Winds Park Expansion L WCF Project No. 12-00442 ~ Dear~ Enclosed, please find two original Land and Water Conservation Fund Program (L WCF) grant agreements. The agreement has been prepared in accordance with your grant application and 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 completion date on page 13. Our staff will date the agreement when formally executed by the Department and one original copy will be returned to you. Unless a Waiver of Retroactivity has been issued, or provisions are provided for in this agreement, the project may not commence until after the agreement has been fully executed and a copy returned to you. If you have any questions, please contact us by telephone at (850) 488-7896 or Suncom 278- 7896 or email tocollier.clark@dep.state.fl.us. Sincerely, Ot~U!L Collier Clark Advisory Services Manager Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 CC/ld Enclosure "More Protection, Less Process" Printed on recycled paper. 12-00442 (LWCF Project Number) LW442 DEP Contract Number CFDA Number: 15-916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2001-2002 PROJECT AGREEMENT - ACQUISITION This proj ect Agreement 'is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and the CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, FL 32708 (hereinafter called the "Grantee"), a local government, in furtherance of the Central Winds Park Expansion project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Section 375.021(4), Florida Statutes; and, WHEREAS, Chapter 375, the Department to receive conservation; and, Florida Statutes, further authorizes grants for outdoor recreation and WHEREAS, the Grantee has submitted Project Application number 307, which has been approved by the Department. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be effective upon execution of this Project Agreement and end no later than 12 months from execution of the Project Agreement, inclusive. The Project Agreement shall be performed in accordance with Chapter 62D-5, Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the Program) , and in accordance with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual). The Grantee agrees OEP Agreement No. LW442 Page 1 of 15 to become familiar with all provisions and comply with the Rule, effective July 15, 2001, and Manual, which are incorporated into this proj ect Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the proj ect known as Central Winds Park Expansion (Land and Water Conservation Fund, LWCF proj ect Number 12 - 00442), hereinafter called the proj ect, and enters into this Project Agreement with the Grantee for the acquisition of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS- A048. The Approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deli verables), is incorporated into this Project Agreement by reference as if fully set forth herein. Any revisions to the Project Elements as set forth in the Approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement. 3. Wi thin three (3) years from the completion date set forth in the Project completion certificate, unless extended by the Department for good cause at the written request of the Grantee, the Grantee will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following elements: football, soccer, baseball and softball fields and other related support facilities. 4. The Project Elements identified in Paragraph 3 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and DEP Agreement No. LW442 Page 2 of 15 compatible with the environment. Plans and specifications for Project Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee on a reimbursement basis the eligible Grant amount not to exceed $200,000.00, which will pay said federal Program's share of the cost of the Project. Program funding limits are based upon the following: Total Department (federal) Program Amount Grantee Match Amount $200,000.00 $200,000.00 Total Project Cost $400,000.00 Type of Match [Cash and/or Donations] B. Within sixty (60) days after receipt of the request, the Department's Grant Manager shall review the completion documentation and payment request from the Grantee for the Project. If the documentation is sufficient and meets the requirements of the Land and Water Conservation Fund Program Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7) (e)2, the Department will approve the request for payment. 6. In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its DEP Agreement No. LW442 Page 3 of 15 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.fl.us/aadir/tochandbk.html and allowable costs for federal programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-tab1e-search.htmland OMB Circulars A-87, A-122, A-21, at http://www.whitehouse.gov/omb/circulars/index.html#numerical. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. 8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the Grantee I 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 in accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 9. If the Grantee has been granted a waiver of retroactivity (as defined in s. 62D-S.069(47), F.A.C.) Manual requirements have been satisfied, amount may be reimbursed upon completion such costs are identified in paragraph 9 costs incurred prior to execution of this and all applicable the full proj ect of the Project if herein as eligible Project Agreement. 10. proj ect funds may be reimbursed for eligible preagreement Expenses (as defined in s. 62D-S.069(31) of the Rule) incurred by Grantee prior to execution of this Project Agreement as set forth in s. 62D-S. 073 (2) (a) of the Rule. DEP Agreement No. LW442 Page 4 of 15 The Department and the Grantee fully understand and agree that there shall be no reimbursement of Project funds by the Department for any expenditure made prior to the execution of this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. preagreement Costs Approved: $200,000.00 Retroactivity granted January 29, 2002. for waiver of 11. Prior to commencement .of Project acquisition, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Acquisition Project Commencement Documentation Form, DEP Form FPS-A050, referenced in s. 62D-5.073(7) (e) of the Rule, to the Department. Upon determining that the documentation complies with the Rule, the Department will give written notice to Grantee to commence the acquisition and approve the request for payment. Therefore, the Grantee shall formally acknowledge receipt of the following documents after execution of this Project Agreement. It is understood that the documents listed below must be filled out by the Grantee and returned to the Department after execution of this Project Agreement. Required Project Commencement Documentation for Acquisition Agreements: A) Grantee Documentation of Condemnation (if ,applicable) B) Written Offer to Purchase with Statement of, or waiver of, Just Compensation C) Relocation Plan for Displaced Residents (PL91- 646, if applicable) D) Mean or Ordinary High Water Survey (if applicable) E) Appraisal (2 copies) F) Boundary Survey G) Title Search H) Certification of Manual Possession I) Division of Recreation and Parks' Grant and Contract Accountability Procedures 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of this DEP Agreement No. L W442 Page 5 of 15 Project and shall certify that it has done so to the Department by completing the Permitting Certification, DEP Form FPS-A052, referenced in s. 62D-5. 073 (7) (e) (1) of the Rule. 13. The Grantee shall complete all proj ect acquisition by the completion date of 14. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audi t is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with federal funds shall be retained for five years following final disposition. 15. In addition to the provisions contained in Paragraph 13 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit-I, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-l shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-I, the Grantee shall notify the Department's Grant Manager at 850/488-7896 to request a copy of the updated information. 16. Following receipt reimbursement due of the an audit report Department for identifying any the Grantee's DEP Agreement No. LW442 Page 6 of 15 noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department. 17. The Grantee, as an independent contractor and not an agent, representati ve, 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. 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self -insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in .hazardous work under this Agreement is not protected under Florida Workers' Compensation law, the Grantee shall provide, and cause each subcontractor. to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected .' 19. The Department's Grant Manager for the purpose of this proj ect 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 (also known as 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 I s Liaison Agent, shall submit to the Department signed proj ect status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the Department. Any and all notices shall be delivered to the parties at the following addresses: DEP Agreement No. LW442 Page 7 of 15 Grantee's Liaison Agent Mr. Chuck Pula, Parks and Recreation Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL, 32708 Phone: 407/327-6590 Suncom Phone: Fax: 407/327-4763 Email: Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399-3000 Phone: (850) 488 -78 96 Suncom Phone: 278-7896 Fax: (850) 488-3665 Suncom Fax: 278-3665 Email: collier.clark@dep.state.fl.us 20. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI arid the Department. 21. The Department proj ect and any reasonable time. and USDO I and all have the right records related to inspect thereto at the any 22. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 23. Prior to the closing of the proj ect the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non- compliance with the material terms of this Project Agreement. The Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to DEP Agreement No. LW442 Page 8 of 15 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 the total refund and interest is paid to the Department. 24. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this proj ect Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. 25. The Grantee shall comply with all federal, state and local laws, rules, regulations and ordinances in acquiring and developing this proj ect . The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees to ensure that the Grantee will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 26. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 27. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 28. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and. all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation DEP Agreement No. LW442 Page 9 of 15 site for the use and benefit of the public, as stated in s. 62D-5.074(1) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. All dedications must be promptly recorded in the county's official public records by the Grantee. 29. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-5.074(2) of the Rule. The Project site, Project-related facilities (if any), and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 30. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6{f) (3) of the LWCF Act and the Manual and s. 62D-5.074(3) of the Rule. 31. Failure to comply with the provisions of the Rule or the terms and conditions of this Agreement will result in cancellation of the proj ect Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. 32. In the event of conflict in the provisions of the Rule, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 33. If .the Department determines sufficient under the Rule or that has site been control is compromised, not the DEP Agreement No. LW442 Page 10 of 15 Department shall give a reasonable time to reasonably corrected notice, the Department the applicant a notice in writing and comply. If the deficiency cannot be within the time specified in the shall cancel this Project Agreement. 34. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 35. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modi fying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment B, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 36. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. DEP Agreement No. LW442 Page 11 of 15 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 enti ty, 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. 37. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 38. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 39. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR Part 12), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency i and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person DEP Agreement No. LW442 Page 12 of 15 who is similarly debarred participating in this covered authorized in writing by USDOI to or suspended from transaction, unless the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a ~ of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 40. This Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 41. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 42. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. DEP Agreement No. LW442 Page 13 of 15 43. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the Prior written approval of the Department. 44. This proj ect 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. l W442 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF WINTER SPRINGS By: Person Authorized to Sign By: Division Director Division of Recreation and Parks and State Liaison Officer (or Designee) Date: Printed Name Title Date: .Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Talla~~da 32399-3000 DEP Grant Manager Address: Approved as to Form and Legality for use for one year by Suzanne Brantley, Assistant General Counsel, on February 19, 2003. Grantee Attorney Attachments: Attachment A - Special Audit Requirements (S pages) Attachment B - Disclosure of Lobbying Activities (2 pages) Attachment C - Certification Regarding Debarment/Suspension (2 pages) FPS-A053 Revised 01/03 DEP Agreement No. LW442 Page 15 of 15 ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Gral/tee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F.S., as revised (see "AUDiTS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as 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 ,md 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 govemment or a non-profit organization as defined in OMB Circular A-133, as revised. I. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-B3, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requiremen ts 0 f thi s part. 2. ln connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-I33, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE lNTENTIONALL Y LEFT BLANK DEP Agreement No. LW442, Attachment A, Page I of 5 DEP 55-215 (01/02) PART II: STATE FUNDED This part is applicable if the recipient is a nons tate entity as defined by Section 215.97(2)(l), Florida Statutes. I. In the event that the recipient expends a tOl:11 amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipien t, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Seclion 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHiBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nons tate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the audit complies with the requirements or Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (Ilonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act websiic located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.1eg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/. and the Auditor General's Website htto:/ /www.state.f1.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifY OIlY addilional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entily 's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or Stale alldit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for (! IIdits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statules. 11/ such an event, the State awarding agency must arrange for funding the full cost of such additional Glldits.) 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 sh:1I1 be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf or the recipient directly to each of the following: A. The Department ofEnvironmcntal I'rotection at the following address: Audit Director Florida Department or Envi i'Onmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. L W442, Attachment A, Page 2 of 5 DEP 55-215 (01/02) B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-l33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghollse Bureau of the CenSlls 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-I33, 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), OMS Circular A-I33, as revised, and any management letters issued by the auditor, to the Departmcnt 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 I'ollowing: A. The Department ofEnvironl11ental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector Gencral, 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 l3uilding 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 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 Stahltes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. L W 442, Attachment /1, Page 3 0 r 5 DEP 55-215 (01/02) PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP Agreement No. L W442, Attachment Ii, Page 4 of 5 DEP 55-215 (01/02) EXHIBIT - 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recioient Pursuant to this Aareement Consist of the Followina: Federal State Program CFDA Appropriation Number Federal Aaencv Number CFDA Title Fundina Amount Cateaorv 12-00442 U.s. Department of 15-916 Land and Water Conservation Fund $200,000.00 140001-03 Interior State Resources Awarded to the Recioient Pursuant to this Aareement Consist of the FOllowina Matchina Resources for Federal Proarams: Federal State Program Appropriation Number Federal Aaencv CFDA CFDA Title Fundinq Amount Cateaorv State Resources Awarded to the ReciDient Pursuant to this Aoreement Consist of the Followina Resources Subiect to Section 215.97 F.S.: Catalog of State Financial CSFA Title State State State Assistance or Appropriation Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Number Total Award 200 000.00 ~~i~i~.~Jt3!~t?i~ For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [htto://asoe.os.dhhs.Qov/cfda] and/or the Florida Catalog of State Financial Assistance (CSFA) [htto://sun6.dms.state.f1.us/fsaa/cataloo.htm]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. L W442, Attachment A, Page 5 of 5 DEP 55-215 (01/02) Approved by OMB 0348-0046 ATTACHMENTB DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 V.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: D D D a. contract a. bid/offer/application a. initial filing b. grant b, material change c. cooperative agreement b. initial award d. loan c. post-award For Material Change Only: e, loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. H Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: o Prime o Subawardee Tier , if known: Congressional District, if known: Congressional District, if known: 6. Federal DepartmenUAgency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. A ward Amount, if known: $ 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. lOa) (last name, first name, MI): (attach Continuation Sheet( s) SF-ULA. ifnecessarv) 11. Information requested through this form is authori2ed by title 31 V.S.C. Signature: section 1352. This disclosure of lobbying activities is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 US.c. I3S2. This information will be reported to Congress Title: semi-annually and will be available for public inspecUOIL Any person who fails to me the required disclosure shall be subject to a civil penalty of not Telephone No.: Date: less than $10,000 and not more than $100,000 for each such failure. ,}'i~~~r4yseOnlY:i"~ i," ,i ;'+:,.ti,;:f' ,:, ;' J '" .. ., Authorized for Local Reproduction : ':" : . Standard Form - ill... (Rev 7 - 97) . " Form DEP 55-221 (01101) DEP Agreement No. LW442, Attachment B, Page 1 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefIXes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardJIoan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducin this burden to the Office of Mana ement and Bud et Pa erwork Reduction Pro' ect 0348-004 Washin ton D.C. 20503. Form DEP 55-221 (Ol/Ol) DEP Agreement No. LW442, Attachment B, Page 2 of 2 ATTACHMENTC CERTIFICA TION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW442 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. day of ,20_. Dated this By Authorized Signature/Contractor Typed Nameffitle Contractor's Firm Name Street Address Building, Suite Number City/StatelZip Code Area Codeffelephone Number Form DEP 55-220 (01/01) Page 1 of2 DEP Agreement No. LW442, Attachment r; Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. LOWER TIER FEDERALLY FUNDED TRANSACTIONS I. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension andlor debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, partICIpant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it detennines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. DEP FORM 55-220 (01/01) Page 2 of 2 DEP Agreement No. LW442, Attachment ~ Page 2 of 2 .-. :;" -.. 12-00442 (LWCF Project ,Number) LW442 DEP Contract Number CFDA Number: 15-916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2001-2002 PROJECT AGREEMENT - ACQUISITION This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and the CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, FL 32708 (hereinafter called the "Grantee") I a local government, in furtherance of the Central Winds Park Expansion project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Section 375.021(4), Florida Statutes; and, WHEREAS, Chapter 375, the Department to receive conservation; and, Florida Statutes, further authorizes grants for outdoor recreation and WHEREAS, the Grantee has submitted Project Application number 307, which has been approved by the Department. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be effective upon execution of this Project Agreement and end no later than 12 months from execution of the Project Agreement, inclusive. The Project Agreement shall be performed in accordance with Chapter 62D-5, Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the Program) , and in accordance with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual). The Grantee agrees DEP Agreement No. L W442 Page 1 of 15 '" ';' ~ to become familiar with all provisions and comply with the Rule, eefective July 15, 2001, and Manual, which are incorporated into this proj ect Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Central Winds Park Expansion (Land and Water Conservation Fund, LWCF Project Number 12-00442), hereinafter called the Project, and enters into this Project Agreement with the Grantee for the acquisition of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS- A048. The Approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deliverables), is incorporated into this Project Agreement by reference as if fully set forth herein. Any revisions to the Project Elements as set forth in the Approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement. 3. Within three (3) years from the completion date set forth in the Project completion certificate, unless extended by the Department for good cause at the written request of the Grantee, the Grantee will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following elements: football, soccer, baseball and softball fields and other related support facilities. 4. The Project Elements identified in Paragraph 3 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and DEP Agreement No. LW442 Page 2 of 15 . . compatible with the environment. Plans and specifications for Project Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee on a reimbursement basis the eligible Grant amount not to exceed $200,000.00, which will pay said federal Program's share of the cost of the Project. Program funding limits are based upon the following: Total Department (federal) Program Amount Grantee Match Amount $200,000.00 $200,000.00 Total Project Cost $400,000.00 Type of Match [Cash and/or Donations] B. Within sixty (60) days after receipt of the request, the Department's Grant Manager shall review the completion documentation and payment request from the Grantee for the Project. If the documentation is sufficient and meets the requirements of the Land and Water Conservation Fund Program Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7) {e)2, the Department will approve the request for payment. 6. In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodical~y request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its DEP Agreement No. LW442 Page 3 of 15 ~ 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.fl.us/aadir/tochandbk.html and allowable costs for federal programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.htmland OMB Circulars A-87, A-122, A-21, at http://www.whitehouse.gov/omb/circulars/index.html#numerical. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. 8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Cohtract 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 I 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 in accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 9. If the Grantee has been granted a waiver of retroactivity (as defined in s. 62D-5.069(47), F.A.C.) and all applicable Manual requirements have been satisfied, the full Project amount may be reimbursed upon completion of the Project if such costs are identified in paragraph 9 herein as eligible costs incurred prior to execution of this Project Agreement. 10. proj ect funds Expenses (as incurred by Agreement as may be reimbursed for eligible preagreement defined in s. 62D-5.069(31) of the Rule) Grantee prior to execution of this Project set forth in s.62D-5.073(2) (a) of the Rule. DEP Agreement No. LW442 Page 4 of 15 , The Department and the Grantee fully understand and agree that there shall be no reimbursement of Project funds by the Department for any expenditure made prior to the execution of this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. Pre agreement Costs Approved: $200,000.00 Retroactivity granted January 29, 2002. for Waiver of 11. Prior to commencement of Project acquisition, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Acquisition Project Commencement Documentation Form, DEP Form FPS-A050, referenced in s. 62D-5. 073 (7) (e) of the Rule, to the Department. Upon determining that the documentation complies with the Rule, the Department will give written notice to Grantee to commence the acquisition and approve the request for payment. Therefore, the Grantee shall formally acknowledge receipt of the following documents after execution of this Project Agreement. It is understood that the documents listed below must be filled out by the Grantee and returned to the Department after execution of this Project Agreement. Required Project Commencement Documentation for Acquisition Agreements: A) Grantee Documentation of Condemnation (if applicable) B) Written Offer to Purchase with Statement of, or waiver of, Just Compensation C) Relocation Plan for Displaced Residents (PL91- 646, if applicable) D) Mean or Ordinary High Water Survey (if applicable) E) Appraisal (2 copies) F) Boundary Survey G) Title Search H) Certification of Manual Possession I) Division of Recreation and Parks' Grant and Contract Accountability Procedures 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of this DEP Agreement No. LW442 Page 5 of 15 c Project and shall certify that it has done so to the Department by completing the Permitting Certification, DEP Form FPS-A052, referenced in s. 62D-5. 073 (7) (e) (1) of the Rule. 13. The Grantee shall complete all Project acquisition by the completion date of 14. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with federal funds shall be retained for five years following final disposition. 15. In addition to the provisions contained in Paragraph 13 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit-I, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-l shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-I, the Grantee shall notify the Department's Grant Manager at 850/488-7896 to request a copy of the updated information. 16. Following receipt reimbursement due of an the audit report Department for identifying any the Grantee's DEP Agreement No. LW442 Page 6 of 15 noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, 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. 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self -insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Florida Workers' Compensation law, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 19. The Department's Grant Manager for the purpose of this proj ect 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 (also known as 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 proj ect 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. Any and all notices shall be delivered to the parties at the following addresses: DEP Agreement No. LW442 Page 7 of 15 Grantee's Liaison Agent Mr. Chuck Pula, Parks and Recreation Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL, 32708 Phone: 407/327-6590 Suncom Phone: Fax: 407/327-4763 Email: Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399-3000 Phone: (850) 488-7896 Suncom Phone: 278-7896 Fax: ( 85 0 ) 4 8 8 - 3 665 Suncom Fax: 278-3665 Email: collier.clark@dep.state.fl.us 20. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI and the Department. 21. The Department and USDOI proj ect and any and all reasonable time. have the right records related to inspect thereto at the any 22. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 23. Prior to the closing of the proj ect the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non- compliance with the material terms of this proj ect Agreement. The Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to DEP Agreement No. LW442 Page 8 of 15 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 the tot~l refund and interest is paid to the Department. 24. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this proj ect Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. 25. The Grantee shall comply with all federal, state and local laws, rules, regulations and ordinances in acquiring and developing this proj ect . The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees to ensure that the Grantee will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 26. Competitive open bidding and purchasing for construction of said proj ect facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 27. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 28. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation DEP Agreement No. LW442 Page 9 of 15 .. site for the use and benefit of the public, as stated in s. 62D-5.074(1) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. All dedications must be promptly recorded in the county's official public records by the Grantee. 29. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-5.074(2) of the Rule. The Project site, Project-related facilities (if any), and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 30. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6(f) (3) of the LWCF Act and the Manual and s. 62D-5.074(3) of the Rule. 31. Failure to comply with the provisions of the Rule or the terms and conditions of this Agreement will result in cancellation of the Project Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. 32. In the event of conflict in the provisions of the Rule, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 33. If the Department determines sufficient under the Rule or that has site been control is compromised, not , the DEP Agreement No. LW442 Page 10 of 15 Department shall give a reasonable time to reasonably corrected notice, the Department the applicant a notice in writing and comply. If the deficiency cannot be within the time specified in the shall cancel this Project Agreement. 34. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 35. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or. employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attaclunent B, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 36. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. DEP Agreement No. LW442 Page 11 of 15 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. 37. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 38. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 39. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR Part 12), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person DEP Agreement No. LW442 Page 12 of 15 who is similarly debarred participating in this covered authorized in writing by USDOI to or suspended from transaction, unless the Department. B. Upon execution of this Agreement by the Grantee I the Grantee shall complete, sign and return a ~ of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment c. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 40. This Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 41. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 42. This proj ect Agreement is not construed as granting any rights, any third party without mutual parties hereto. intended nor shall it be privileges or interest in written agreement of the DEP Agreement No. LW442 Page 13 of 15 43. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the Prior written approval of the Department. 44. This proj ect 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. LW442 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have Agreement to be duly executed, the day and year below. caused this last written STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF WINTER SPRINGS orized't:o. Sign By: Division Director DiVision of Recreation and Parks and State Liaison Officer (or Designee) Date: Ronald W. McLemore Printed Name City Manager Title Date: March 12, 2003 Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 ~C1A- DEP Grant Manager Address: City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Approved as to Form and Legality for use for one year by Suzanne Brantley, Assistant General Counsel, on February 19, 2003. Grantee Attorney Attachments: Attachment A - Special Audit Requirements (5 pages) Attachment B - Disclosure of Lobbying Activities (2 pages) Attachment C - Certification Regarding Debarment/Suspension (2 pages) FPS-A053 Revised 01/03 DEP Agreement No. LW442 Page 15 of 15 ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject toaudits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-l33 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as 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 I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, 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 I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as revised. 3: If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Feqeral entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htto://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. L W442, Attachment A. Page 1 of 5 DEP 55-215 (01/02) PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 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 Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State 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 l, the recipient shall ensure that the audit complies with the requirements of Section 2l5.97(7), Florida Statutes. This includes submission ofa financial reporting package as defined by Section 2l5.97(2)(d), Florida Statutes, and Chapters lO.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at htto://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following web sites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website htto://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/. and the Auditor General's Website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that 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-I33, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. L W442, Attachment A, Page 2 of 5 DEP 55-215 (01/02) B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse 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 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-l33, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or lO.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. L W442, Attachment fl, Page 3 of 5 DEP 55-215 (01102) , PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of J 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. L W442, Attachment /1, Page 4 of 5 DEP 55-215 (01/02) EXHIBIT - 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the ReciDient Pursuant to this Aareement Consist of the Followina: Federal State Program CFDA Appropriation Number Federal Aaencv Number CFDA Title Fundina Amount Cateaorv 12-00442 U.S. Department of 15-916 Land and Water Conservation Fund $200,000.00 140001-03 Interior State Resources Awarded to the Recioient Pursuant to this Aareement Consist of the Followina Matchina Resources for Federal Proarams: Federal State Program Appropriation Number Federal Aaencv CFDA CFDA Title Fundinq Amount Cateaorv State Resources Awarded to the Recioient Pursuant to this Aareement Consist of the Followina Resources Subiect to Section 215.97. F.S.: Catalog of State Financial CSFA Title State State State Assistance or Appropriation Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Number Total Award 200000.00 t~~~~)jf~~ For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) rhtto://asoe.os.dhhs.aov/cfdal and/or the Florida Catalog of State Financial Assistance (CSFA) (htto://sun6.dms.state.fl.us/fsaa/catalog.htm]. The services/purposes for which the funds are to be used are induded in the Contract scope of services/work. Any match required by the recipient is dearly indicated in the Contract. DEP Agreement No. L W442, Attachment Ii, Page 5 of 5 DEP 55-215 (01102) Approved by OMB 0348-0046 ATTACHMENT B DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 V.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: D D D a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance a. bid/offer/application b. initial award c. post-award a. initial filing b. material change For Material Change Only: year quarter date of last report 4. Name and Address of Reporting Entity: o Prime o Subawardee Tier 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: , if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program NamelDescription: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. A ward Amount, if known: $ 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. lOa) (last name, first name, MI): (attach Continuation Sheet(s) 11. Information requested through this form Is authorized by titie 31 US.C. section 1352. ThIs disclosure of lobbying activltles Is a material represenlation of fact upon which reliance was placed by the tier above when this transaction was made or entered Into. ThIs disclosure is required pursuant to 31 US.C. 1352. This information will be reported to Congress semi-annually and wili be available for public inspection. Any person who fails to nIe the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SIgnature: Print Name: Title: Telephone No.: Date: ,: ~~era{UseOnly.: .. Authorized for Local Reproduction Standard Form - UJ. (Rev 7 - 97) Form DEP 55.221 (01101) DEP Agreement No. LW442, Attachment B, Page 1 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first sub awardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefhes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardJIoan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a coUection of information unless it displays a valid OMB Control Number. The valid OMB control number for this Information coUection is OMB No. 0348-0046. Public reporting burden for this coUection of information is estimated to average 30 minutes per response, Including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the coUection of information. Send comments regarding the burden estimate or any other aspect of this coUection of information, Including suggestions for reducin this burden to the Office of Mana ement and Bud et Pa erwork Reduction Pro ect 0348-004 Was' ton D.C. 20503. Form DEP 55-221 (01/01) DEP Agreement No. LW442, Attachment B, Page 2 of 2 ATTACHMENT C CERTIFICA TION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW442 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,20_. By Authorized Signature/Contractor Typed Namerritle Contractor's Firm Name Street Address Building, Suite Number City/StatelZip Code Area Codeffelephone Number Form DEP 55-220 (01/01) Page 1 of2 DEP Agreement No. LW442, Attachment!; Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 55-220 (01/01) Page 2 of 2 DEP Agreement No. LW442, Attachment ~ Page 2 of 2 . ; '. 12-00442 (LWCF Project Number) LW442 DEP Contract Number CFDA Number: 15-916 FLORIDA DEPARTMENT OF ,ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2001-2002 PROJECT AGREEMENT - ACQUISITION This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and the CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, FL 32708 (hereinafter called the "Grantee"), a local government, in furtherance of the Central Winds Park Expansion project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Section 375.021(4), Florida Statutes; and, WHEREAS, Chapter 375, the Department to receive conservation; and, Florida Statutes, further authorizes grants for outdoor recreation and WHEREAS, the Grantee has submitted Project Application number 307, which has been approved by the Department. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be effective upon execution of this Project Agreement and end no later than 12 months from execution of the Project Agreement, inclusive. The Project Agreement shall be performed in accordance with Chapter 62D-5, Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the Program) , and in accordance with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual). The Grantee agrees DEP Agreement No. LW442 Page 1 of 15 to become familiar with all provisions and comply with the Rule, effective July 15, 2001, and Manual, which are incorporated into this proj ect Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Central Winds Park Expansion (Land and Water Conservation Fund, LWCF proj ect Number 12 - 00442), hereinafter called the proj ect, and enters into this Project Agreement with the Grantee for the acquisition of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS- A048. The Approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deliverables), is incorporated into this Project Agreement by reference as if fully set forth herein. Any revisions to the Project Elements as set forth in the Approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement. 3. Within three (3) years from the completion date set forth in the proj ect completion certificate, unless extended by the Department for good cause at the written request of the Grantee, the Grantee will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following elements: football, soccer, baseball and softball fields and other related support facilities. 4. The Project Elements identified in Paragraph 3 herein shall be designed and constructed. substantially in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and DEP Agreement No. LW442 Page 2 of 15 , ; compatible with the environment. Plans and specifications for Project Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee reimbursement basis the eligible Grant amount exceed $200,000.00, which will pay said Program's share of the cost of the proj ect . funding limits are based upon the following: on a not to federal Program Total Department (federal) Program Amount Grantee Match Amount $200,000.00 $200,000.00 Total Project Cost $400,000.00 Type of Match [Cash and/or Donations] B. Wi thin sixty (60) days after receipt of the request, the Department's Grant Manager shall review the completion documentation and payment request from the Grantee for the Project. If the documentation is sufficient and meets the requirements of the Land and Water Conservation Fund Program Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7) (e)2, the Department will approve the request for payment. 6. In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its DEP Agreement No. L W442 Page 3 of 15 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.fl.us/aadir/tochandbk.html and allowable costs for federal programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html and OMB Circulars A-87, A-122, A-2l, at http://www.whitehouse.gov/omb/circulars/index.html#numerical. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. 8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the Grantee I 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 in accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 9. If the Grantee has been granted a waiver of retroactivity (as defined in s. 62D-5.069(47), F.A.C.) and all applicable Manual requirements have been satisfied, the full Project amount may be reimbursed upon completion of the Project if such costs are identified in paragraph 9 herein as eligible costs incurred prior to execution of this Project Agreement. 10. proj ect funds Expenses (as incurred by Agreement as may be reimbursed for eligible preagreement defined in s. 62D-5.069(3l) of the Rule) Grantee prior to execution of this Project set forth in s. 62D-5. 073 (2) (a) of the Rule. DEP Agreement No. LW442 Page 4 of 15 The Department and the Grantee fully understand and agree that there shall be no reimbursement of Project funds by the Department for any expenditure made prior to the execution of this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. preagreement Costs Approved: $200,000.00 Retroactivity granted January 29, 2002. for Waiver of 11. Prior to commencement of Project acquisition, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Acquisition Project Commencement Documentation Form, DEP Form FPS-A050, referenced in s. 62D-5.073(7) (e) of the Rule, to the Department. Upon determining that the documentation complies with the Rule, the Department will give written notice to Grantee to commence the acquisition and approve the request for payment. Therefore, the Grantee shall formally acknowledge receipt of the following documents after execution of this Project Agreement. It is understood that the documents listed below must be filled out by the Grantee and returned to the Department after execution of this Project Agreement. Required Project Commencement Documentation for Acquisition Agreements: A) Grantee Documentation of Condemnation (if applicable) B) Written Offer to Purchase with Statement of, or waiver of, Just Compensation C) Relocation Plan for Displaced Residents (PL9l- 646, if applicable) D) Mean or Ordinary High Water Survey (if applicable) E) Appraisal (2 copies) F) Boundary Survey G) Title Search H) Certification of Manual Possession I) Division of Recreation and Parks' Grant and Contract Accountability Procedures 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of this DEP Agreement No. LW442 Page 5 of 15 Project and shall certify that it has done so to the Department by completing the Permitting Certification, DEP Form FPS-A052, referenced in s. 62D-5. 073 (7) (e) (1) of the Rule. 13. The Grantee shall complete all Project acquisition by the completion date of 14. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audi t is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. c. Records for real property and equipment acquired with federal funds shall be retained for five years following final disposition. 15. In addition to the provisions contained in Paragraph 13 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit -1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the Grantee shall notify the Department's Grant Manager at 850/488-7896 to request a copy of the updated information. 16. Following receipt reimbursement due of the an audit report Department for identifying any the Grantee's DEP Agreement No. LW442 Page 6 of 15 noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, 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. 18. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter' s employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in .hazardous work under this Agreement is not protected under Florida Workers' Compensation law, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 19. The Department's Grant Manager for the purpose of this proj ect 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 (also known as 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 proj ect Agreement. The Grantee I s Liaison Agent, shall submit to the Department signed proj ect status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the Department. Any and all notices shall be delivered to the parties at the following addresses: DEP Agreement No. LW442 Page 7 of 15 . ; Grantee's Liaison Agent Mr. Chuck Pula, Parks and Recreation Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL, 32708 Phone: 407/327-6590 Suncom Phone: Fax: 407/327-4763 Email: Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399-3000 Phone: (850) 488 -7896 Suncom Phone: 278-7896 Fax: ( 850) 488 - 3 665 Suncom Fax: 278-3665 Email: collier.clark@dep.state.fl.us 20. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI and the Department. 21. The Department and USDOI Project and any and all reasonable time. have the right to inspect records related thereto at the any 22. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 23. Prior to the closing of the proj ect the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non- compliance with the material terms of this Project Agreement. The Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to DEP Agreement No. LW442 Page 8 of 15 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 the total refund and interest is paid to the Department. 24. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this proj ect Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. 25. The Grantee shall comply with all federal, state and local laws, rules, regulations and ordinances in acquiring and developing this Project. The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees to ensure that the Grantee will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 26. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 27. If,asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 28. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation DEI=> Agreement No. LW442 Page 9 of 15 site for the use and benefit of the public, as stated in s. 62D-5.074(l) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. All dedications must be promptly recorded in the county's official public records by the Grantee. 29. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-5.074(2) of the Rule. The Project site, Project-related facilities (if any), and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 30. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6(f) (3) of the LWCF Act and the Manual and s. 62D-5.074(3) of the Rule. 31.. Failure to comply with the provisions of the Rule or the terms and conditions of this Agreement will result in cancellation of the proj ect Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. 32. In the event of conflict in the provisions of the Rule, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 33. If the Department determines sufficient under the Rule or that has site been control is compromised, not the DEP Agreement No. LW442 Page 10 of 15 Department shall give a reasonable time to reasonably corrected notice, the Department the applicant a notice in writing and comply. If the deficiency cannot be within the time specified in the shall cancel this Project Agreement. 34. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 35. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment. B, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 36. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. DEP Agreement No. LW442 Page 11 of 15 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 enti ty, 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 websi te. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850)487-0915. 37. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 38. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 39. A. In accordance with Executive Order 12549, Debarment and Suspensio.n (43 CFR Part 12), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person DEP Agreement No. LW442 Page 12 of 15 who is similarly debarred participating in this covered authorized in writing by USDOI to or suspended from transaction, unless the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a ~ of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 40. This proj ect Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 41. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 42. This proj ect 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. DEP Agreement No. LW442 Page 13 of 15 43. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the Prior written approval of the Department. 44. This proj ect 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. LW442 Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director Division of Recreation and Parks and State Liaison Officer (or Designee) Date: Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Talla~~da 32399-3000 DEP Grant Manager CITY OF WINTER ~~RINGS ". ..~l" By, ~;. .:>.. Person Authori"zeCl'.:to Sign RonaldW. McLemore Printed Name City Manager Title Date: March 12, 2003 Address: City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Approved as to Form and Legality for use for one year by Suzanne Brantley, Assistant General Counsel, on February 19, 2003. Grantee Attorney Attachments: Attachment A - Special Audit Requirements (5 pages) Attachment B - Disclosure of Lobbying Activities (2 pages) Attachment C - Certification Regarding Debarment/Suspension (2 pages) FPS-A053 Revised 01/03 DEP Agreement No. LW442 Page 15 of 15 ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-B3, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS 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 OMS 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 OMS 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 OMS 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 C of OMS Circular A-I33, 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-I33, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. L W442, Attachment Ii, Page 1 of 5 DEP 55-215 (01/02) PART II: STATE FUNDED This part is applicable if the recipient is a nonstate en tity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a tola I amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance docs 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 requiremcnts 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 thall State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at htm://\vww.eog.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website htm://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.f1.us/. and the Auditor General's Web site htm:/ /www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any addilional 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 aurlit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for oudits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by PART I of this Agreemcnt shall be submitted, when required by Section .320 (d), OMB Circular A-B3, as revised, by or on behalf 01' the recipient directly to each of the following: A. The Department of Environl11cntal Protection at the following address: Audit Director Florida Departmellt of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No, LW442, Attachment A, Page 2 or 5 DEP 55-215 (01102) B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-I33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-I33, as revised. 2. Pursuant to Section .320(t), OMS 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 Envi ronmental 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 13uilding III West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management IeUers required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LW442, Attachment /1, Page 3 of 5 DEP 55-215 (01/02) . PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK DEP Agreement No. L W442, Attachment Ii, Page 4 of 5 DEP 55-215 (01/02) EXHIBIT - 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the ReciDient Pursuant to this AQreement Consist of the FollowinQ: Federal State Program CFDA Appropriation Number Federal Aaencv Number CFDA Title Fundina Amount Cateaorv 12-00442 U.s. Department of 15-916 Land and Water Conservation Fund $200,000.00 140001-03 Interior State Resources Awarded to the Recipient Pursuant to this AQreement Consist of the FollowinQ MatchinQ Resources for Federal ProQrams: Federal State Program Appropriation Number Federal Aaency CFDA CFDA Title Fundina Amount Cateaorv State Resources Awarded to the Recipient Pursuant to this Aqreement Consist of the Followinq Resources Subiect to Section 215.97. F.S.: Catalog of State Financial CSFA Title State State State Assistance or Appropriation Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Number Total Award I $200,000.00 1,~'tl~,1Ir!r"'''''V-'.'\''''''''1 ~~\tW$f.~~:;;1~~. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) rhtto://asoe.os.dhhs.aov/cfda] and/or the Florida Catalog of State Financial Assistance (CSFA) (htto://sun6.dms.state.f1.us/fsaa/cataloa.htm]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. LW442, Attachment A, Page 5 of 5 DEP 55-215 (01102) Approved by OMB 0348.0046 ATTACHMENT B DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.c. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: D D D a. initial filing b, material change a. con tract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance a. bid/offer/application b. initial award c. post-award For Material Change Only: year quarter date of last report 4. Name and Address of Reporting Entity: o Prime o Subawardee Tier 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: , if known: Congressional District, if known: Congressional District, if known: 6. Federal DepartmenUAgency: 7. Federal Program NamelDescription: CFDA Number, if applicable: 8. Federal Action Number, ifknown: 9. A ward Amount, if known: $ 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, M I): b. Individuals Performing Services (including address if different from No. lOa) (last name, first name, MI): (attach Continuation Sheet( s) 11. Information requested through this Corm Is authorized by title 31 U.S.C. section 1352. This disclosure oC lobbying activities Is a material representation oC Cact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure Is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semi.annuaDy and will be available Cor pubDc Inspection. Any person who Calls to me the required disclosure sbaD be subject to a civil penalty oC not less than $10,000 and not more than $100,000 Cor each such Callure. Signature: Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Standard Form - ILL (Rev 7 - 97) Form DEP 55-221 (01/01) DEP Agreement No. LW442, Attachment B, Page 1 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any.. lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and! Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Ch.eck the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, sub grants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefIXes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardJIoan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348.0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducin this burden to the Office of Mana ement and Bud e Pa erwork Reduction Pro' ect 0348-0046 Washin ton D.C. 20503. Form DEP 55-221 (01/01) DEP Agreement No. LW442, Attachment B, Page 2 of 2 : ATTACHMENT C CERTIFICA TION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW442 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,20 . By Authorized Signature/Contractor Typed Nameffitle Contractor's Firm Name Street Address Building, Suite Number City/State/Zip Code Area CodelTelephone Number Form DEP 55.220 (01/01) Page 1 of 2 DEP Agreement No. LW442, Attachment ~ Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 55-220 (01/01) Page 2 of 2 DEP Agreement No. L W442, Attachment ~ Page 2 of 2 ~. ""-;;; 12-00442 (LWCF Project Number) LW442 DEP Contract Number CFDA Number: 15-916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2001-2002 PROJECT AGREEMENT - ACQUISITION This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and the CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, FL 32708 (hereinafter called the "Grantee"), a local government, in furtherance of the Central Winds Park Expansion project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of p~ssing through the agency as grants to other entities in accordance with Section 375.021(4), Florida Statutesi and, WHEREAS, Chapter 375, the Department to receive conservation; and, Florida Statutes, ~urther authorizes grants for outdoor recreation and WHEREAS, the Grantee has submitted Project Application number 307, which has been approved by the Department. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be effective upon execution of this Project Agreement and end no later than 12 months from execution of the Project Agreement, inclusive. The Project Agreement shall be performed in accordance with Chapter 62D- 5, Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the Program) , and in accordance with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual). The Grantee agrees DEP Agreement No. LW442 Page 1 of 15 '>_J 'i\ '" ) to become familiar with all provisions and comply with the Rule, effective July 15, 2001, and Manual, which are incorporated into this proj ect Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Central Winds Park Expansion (Land and Water Conservation Fund, LWCF proj ect Number 12 - 0 0442), hereinafter called the proj ect, and enters into this Project Agreement with the Grantee for the acquisition of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS- A048. The Approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deli verables), is incorporated into this Project Agreement by reference as if fully set forth herein. Any revisions to the Project Elements as set forth in the Approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement. 3. Within three (3) years from the completion date set forth in the Project completion certificate, unless extended by the Department for good cause at the written . request of the Grantee, the Grantee will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following elements: football, soccer, baseball and softball fields and other related support facilities. 4. The Project Elements identified in Paragraph 3 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and DEP Agreement No. LW442 Page 2 of 15 ,. '>2 ~ , ) j compatible with the environment. Plans and specifications for proj ect Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee reimb~rsement basis the eligible Grant amount exceed $200,000.00, which will pay said Program's share of the cost of the proj ect. funding limits are based upon the following: on a not to federal Program Total Department (federal) Program Amount Grantee Match Amount $200,000.00 $200,000.00 Total Project Cost $400,000.00 Type of Match [Cash and/or Donations] B. Within sixty (60) days after receipt of the request, the Department's Grant Manager shall review the completion documentation and paYffien~ request from the Grantee for the Project. If the documentation is sufficient and meets the requirements of the Land and Water Conservation Fund Program Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7) (e)2, the Department will approve the request for paYment. 6. In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its DEP Agreement No. LW442 Page 3 of 15 'Y./ <' ,~ ') ) 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.fl.us/aadir/tochandbk.html and allowable costs for federal programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html and OMB Circulars A-87, A-122, A-21, at http://www.whitehouse.gov/omb/circulars/index.html#numerical. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. 8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the Grantee I 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 in accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 9. If the Grantee has been granted a waiver of retroacti vi ty (as defined in s. 62D-5.069(47), F.A.C.) and all applicable Manual requirements have been satisfied, the full proj ect amount may be reimbursed upon completion of the Project if such costs are identified in paragraph 9 herein as eligible costs incurred prior to execution of this Project Agreement. 10. proj ect funds Expenses (as incurred by Agreement. as may be reimbursed for eligible preagreement defined in s. 62D-5.069(31) of the Rule) Grantee prior to execution of this Project set forth in s.62D-5.073(2) (a) of the Rule. DEP Agreement No. LW442 Page 4 of 15 . \:.r,:../ ~ ,....-.., The Department and the Grantee fully understand and agree that there shall be no reimbursement of Project funds by the Department for any expenditure made prior to the execution of this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. preagreement Costs Approved: $400,000.00 Retroactivity granted January 29, 2002. for Waiver of 11. Prior to commencement of Project acquisition, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Acquisition Project Commencement Documentation Form, DEP Form FPS-A050, referenced in s. 62D-S.073(7) (e) of the Rule, to the Department. Upon determining that the documentation complies with the Rule, the Department will give written notice to Grantee to commence the acquisition and approve the request for payment. Therefore, the Grantee shall formally acknowledge receipt of the following documents after execution of this Project Agreement. It is understood that the documents listed below must be filled out by the Grantee and returned to the Department after execution of this Project Agreement. Required Project Commencement Documentation for Acquisition Agreements: A) Grantee Documentation of Condemnation (if applicable) B) Written Offer to Purchase with Statement of, or waiver of, Just Compensation C) Relocation Plan for Displaced Residents (PL91- 646, if applicable) D) Mean or Ordinary High Water Survey (if applicable) E) Appraisal (2 copies) F) Boundary Survey G) Title Search H) Certification of Manual Possession I) Division of Recreation and Parks' Grant and Contract Accountability Procedures 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of this DEP Agreement No. LW442 Page 5 of 15 ,\~..-..;:_..... i. ) Project and shall certify that it has done so to the Department by completing the Permitting Certification, DEP Form FPS-A052, referenced in s. 62D-5. 073 (7) (e) (1) of the Rule. 13. The Grantee shall complete all Project acquisition by the completion date of -ffi~ c::1' clO()~ . / 14. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audi t is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with federal funds shall be retained for five years following final disposition. 15. In addition to the provisions contained in Paragraph 13 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit-1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the proj ect Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the Grantee shall notify the Department's Grant Manager at 850/488-7896 to request a copy of the updated information. 16. Following receipt reimbursement due of the an audit report Department for identifying any the Grantee's DEP Agreement No. LW442 Page 6 of 15 ) noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department. 17. The Grantee, as an independent contractor and not an agent, representa ti ve, 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. 18. To the extent required by law, the Grantee will be self-insured against" or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter 's employees unless such employees are covered by the protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in .hazardous work under this Agreement is not protected under Florida Workers' Compensation .law, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 19. The Department's Grant Manager for the purpose of this proj ect 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 (also known as 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 proj ect Agreement. The Grantee I s Liaison Agent, shall submit to the Department signed proj ect status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the Department. Any and all notices shall be. delivered to the parties at the following addresses: DEP Agreement No. LW442 Page 7 of 15 ) Grantee's Liaison Agent Mr. Chuck Pula, Parks and Recreation Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL, 32708 Phone: 407/327-6590 Suncom Phone: Fax: 407/327-4763 Email: Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399-3000 Phone: ( 850) 488 - 7896 Suncom Phone: 278-7896 Fax: ( 85 0 ) 4 8 8 - 3 665 Suncom Fax: 278-3665 Email: collier.clark@dep.state.fl.us 20. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI arid the Department. 21. The Department and USDOI proj ect and any and all reasonable time. have the right records related to inspect thereto at the any 22. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 23. Prior to the closinq of the Project the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non- compliance with the material terms of this proj ect Agreement. The Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to DEP Agreement No. LW442 Page 8 of 15 ') 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 the total refund and interest is paid to the Department. 24. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this proj ect Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. 25. The Grantee shall comply with all federal, state and local laws, rules, regulations and ordinances in acquiring and developing this proj ect . The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees to ensure that the Grantee will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 26. Competitive open bidding and purchasing for construction of said proj ect facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee I s Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 27. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 28. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and all land within the proj ect boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation DEP Agreement No. LW442 Page 9 of 15 :) ;'" ') , . site for the use and benefit of the public, as stated in s. 62D-5.074(l) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. All dedications must be promptly recorded in the county's official public records by the Grantee. 29. The Grantee agree~ to operate and maintain the Project site as stated in s. 62D- 5.074 (2) of the Rule. The proj ect site, Project-related facilities (if any), and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or f~ture development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 30. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6(f) (3) of the LWCF Act and the Manual and s. 62D-5.074(3) of the Rule. 31. Failure to comply wi.th the provisions of the Rule or the terms and conditions of this Agreement will result in cancellation of the proj ect Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. 32. In the event of conflict in the provisions of the Rule, the Project Agreement and the Project Application, the provisions of the H,ule shall control over this proj ect Agreement and this Project Agreement shall control over the Project Application documents. 33. If the Department determines sufficient under the Rule or that has site been control is compromised, not the DEP Agreement No. LW442 Page 10 of 15 ) ~ ) Department shall give a reasonable time to reasonably corrected notice, the Department the applicant a notice in writing and comply. If the deficiency cannot be within the time specified in the shall cancel this Project Agreement. 34. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an. annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement iEI not a commi tment of future appropriations. 35. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment. B, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), "and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by thisi Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 36. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. DEP Agreement No. LW442 Page 11 of 15 ~ ..) \ -.'-.....,. ) 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. 37. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 38. A person or affiliate who has been placed on the convicted vendor list followinsr a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 39. A. In accordance with Executive Order 12549, Debarment and Suspension . (43 CFR Part 12), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person DEP Agreement No. LW442 Page 12 of 15 ~ I who is similarly debarred participating in this covered authorized in writing by USDOI to or suspended from transaction, unless the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a ~ of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements ex~cuted to support the Grantee's work under this Agreement. 40. This proj ect Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law,. but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity,. without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 41. No delay or failure to exercise any. right, power or remedy accruing to either party upon breach or default by either party under this proj ect 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. 42. This proj ect AgreemE:mt is not intended nor shall it be construed as grantin9 any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. DEP Agreement No. LW442 Page 13 of 15 J " } 43. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the Prior written approval of the Department. 44. This proj ect 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. LW442 Page 14 of 15 ) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By, ~ ;3~-- Division Director Division of Recreation and Parks and State Liaison Officer (or Designe~ L. Date: ) ....U_O 'l 7Z~# (7, ~~ /7 -) t-O Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Talla~~da 32399-3000 DEP Grant Manager CITY OF WINTER S~RINGS By, ~~. .~ Person Authorizea to Sign RonaldW. McLemore --- Printed Name. City Manager Title Date: March 12, 2003 Address: City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Approved as to Form and Legality for use for one year by Suzanne Brantley, Assistant General Counsel, on February 19, 2003. Grantee Attorney Attachments: Attachment A - Special Audit Requirements (5 pages) Attachment B - Disclosure of Lobbying Activities (2 pages) Attachment C - Certification Regarding Debarment/Suspension (2 pages) FPS-A053 Revised 01/03 DEP Agreement No. LW442 Page 15 of 15 , , ) " A TTACHMENT A SPECIAJL AU DU REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures. may include, but not be limited to, on-site visits by Department staff, limited scope audits as definl~d 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 ChiefFinancia] 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 ofOMB Circular A-B3, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreemen~. 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-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-I33, 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-l33, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-I33, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP Agreement No. L W442, Attachment A, Page 1 of 5 DEP 55-215 (01/02) .' , ) ) PART D: STATE FUNDED This part is applicable if the recipient is a nonstate en ti ty 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 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 ofa 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 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 ol:her them State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6,dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/. and the Auditor General's Website htto:/ /www.state.fl.us/audgen . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifY any addilional 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 alldit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for (llIdits 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 thefuU cost of such additional alldits.) 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-B3, as revised, by or on behalf or the recipient directly to each of the following: A. The Department of Environl11ental l'l.otection at the following address: Audit Director Florida Department of Envi ronmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. L W442, Attachment /1, Page 2 of 5 DEP 55-215 (01/02) : .) ) B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections ,320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census. 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-l33, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-I33, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Envi ronmental 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 Eo 1I0wing: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management lelters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 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 financi.al reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LW442, Attachment fl, Page 3 of 5 DEP 55-215 (01/02) , ) ) PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working paper:; are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor Generalllpon 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. L W442, Attachment fl, Page 4 of 5 DEP 55-215 (01102) EXHIBIT - 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Aareement Consist of the Followina: Federal State Program CFDA Appropriation Number Federal AQencv Number CFDA Title Fundinq Amount CateqolY 12-00442 U.S. Department of 15-916 Land and Water Conservation Fund $200,000.00 140001-03 Interior State Resources Awarded to the Recioient Pursuant to this Aareement Consist of the Followina Matchina Resources for Federal Proarams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Fundinq Amount Cateqory State Resources Awarded to the Recipient Pursuant to this Aqreement Consist of the Followinq Resources Subiect to Section 215.97, F.S.: Catalog of State - Financial CSFA Title State State State Assistance or Appropriation Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Number Total Award &i~ii12~~~~:~1 200 000.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) (htto://asoe.os.dhhs.gov/cfdal and/or the Florida Catalog of State Financial Assistance (CSFA) fhtto://sun6.dms.state.ft.us/fsaa/cataloQ.htm). The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DE? Agreement No. L W442, Attachment /1, Page 5 of 5 DE? 55-215 (01/02) _/ '- : - - '\. , ) , ._j Approved by OMB 0348-0046 ATTACHMENT B DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 V.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: D D D a. initial filing b. material change a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance a. bid/offer/application b. initial award c. post-award For Material Change Only: year quarter date of last report 4. Name and Address of Reporting Entity: o Prime o Subawardee Tier 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: , if known: Congressional District, if mown: Congressional District, if mown: 6. Federal Department/Agency: 7. Federal Program NamelDescription: CFDA Number, if applicable: 8. Federal Action Number, if mown: 9. Award Amount, ifmown: $ 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. lOa) (last name, first name, MI): (attach Continuation Sheet( s) 11. Information requested through this form Is authorized by ~,t1e 31 V.S.C. section 1352. ThIs disclosure of lobbying activities Il: a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered Into. ThIs disclosure Is required pursuant to 31 V.S.C. 1352. ThIs information will be reported to Congress semi.annually and will be available for public inspection. Am,y person who faUs to me the required disclosure shall be subject to a civil ;penaUy of not less than $10,000 and not more than $100,000 for each rnch faUure. Signature: Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Standard Form - ILL (Rev 7 97) Form DEP 55-221 (01101) DEP Agreement No. LW442, Attachment B, Page 1 of 2 '.--', \ ) ) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the Jreporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal adion, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any. lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, OIr an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federnl action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards undl~r grants. 5. If the organization filing the report in item 4 checks "Sub awardee", then enter the full name, address, city, state and zip code of the prime Federal recipient Include Congressional District, if known. 6. Enter. the name of the Federal agEncy making the award or loan commitment Include at least one organizational level below agency n:ame, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Fed.eral action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Feder~ll identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include pret1xes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the aW~lrdlloan commitment for the prime entity identmed in item 4 or 5. 10. (a) Enter the full name, address, cily, state and zip code of the lobbying entity engaged by the reporting entity identmed in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print hislher name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden. estimate or any other aspect of this collection of information, including suggestions for reducin this burden to the Office of Mana ement and Bud et Pa erwork Reduction Pro' ect 0348-0046 Washin ton D.C. 20503. Form DEP 55-221 (01/01) DEP Agreement No. LW442, Attachment B, Page 2 (If 2 '. ) \ ) ATTACHMENT C CERTIFICA TION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW442 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements. or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,20 . By Authorized Signature/Contractor Typed Name/Title Contractor's Firm Name Street Address Building, Suite Number City/StatelZip Code Area Code/Telephone Number Form DEP 55-220 (01/01) Page 1 of 2 DEP Agreement No. LW442, Attachment!;;., Page 1 of 2 lr') ) INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGHHLITY AND VOLUNTARY EXCLUSION. LOWER TIER FEDERALLY FUNDED TRANSACTIONS l. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debannent. 3. The certifying party shall provide immediate wlitten notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debannent under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debannent under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibi!i!ty of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debannent under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debannent. DEP FORM 55-220 (01101) Page 2 of 2 DEP Agreement No. LW442, Attachment ~ Page 2 of 2 =~ ,- ...... ) _,. 1. ., .. ., , " . t' LWCF COM,MENCEMENT DC)CUMENTS PACKET .FOR FY 2001-2002 THE ENCLOSED DOCUMENTS MUST BE COMPLETED. At\ID RETURNED TO THE BUREAU OF DESIGN AND ~~ECREA TION SERVICES PRIOR TO THE FIRST REIMBURSEMENT FOR DEVELOPMENT OR ACQUISITION ;;- ~ t FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM Required Project Commencement Documentation Acquisition Development Document Grantee Documentation of Condemnation (if applicable) x Written Offer to Purchase with Statement Of, or Waiver Of, Just Compensation x Relocation Plan for Displaced Residents (pL 91-646, if applicable) x Mean or Ordinary High Water Survey, if applicable Appraisals (2 copies) x x Boundary Survey (2 copies) x x Title Search x x Site Plan (2 copies) x List of Facilities and Improvements for Construction with Related Costs x . Permitting Certification x Development projects using land value as match, will need to provide 2 copies of Appraisals, a Waiver of Just Compensation and a Rdocation Plan for Displaced Residents (pL 91-.646) in addition to the required development documents listed above. fl>S- A050 Revised (10/02) ~ .. Prior to reimbursement or commencement of project acquisition, submit the following items to the Departmenffor approval: 1. All acquisition projects must follow the quidelines set forth in the Land and Water Conservation Fund Program Grants-in-Aid ManUlal. 2. A_self contained narrative appraisal. The appraisal must be prepared by an appraiser on DEP's Division of State Lands (DSL) approved appraiser list. If the property is $500,000 or less in appraised value, one appra.isal 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 datB of the applic'ation period.). The appraisal(s) will be reviewed by a fee appraiser under contract with DSL. Payment of appraisal review fees will be the responsibility of the grantee and will be made by the grantee upon and pursuant to direction of the Bureau of Design and_Recreation Services. These costs are not reimbursable. (2 copies) 3. A boundary survey of the project site, which includes a legal description of the property, prepared, signed and sealed by a Florida, registered lancj surveyor. The survey must be updated to within one year of the closing date of the application submission period. (2 copies) . 4. 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 bel3n purchased, the grantee's attorney can attest to a clear title C?wned by the grantee, with no liens or taxes held against the property. .. .' LWCF APPRAISAL REQUIREMENTS GENERAL INFORMATION 1. The appraisal shall be updated to within six months prior to the closing date of the submission period. 2. Appraiser(s) must be on the LIST OF APPROVED APPRAISERS maintained by DEP Bureau of Appraisal. Contact the DEP Bureau of Appraisal, 850) 245-2658 or check the following web site for those in your geographic area: http://www.dep.state.fl.us/lands/appraisal/index.htm 3. If the property is valued over $500,000, two appraisals are required. 4. The property survey should be completed prior to appraisal so that it can be utilized by the appraiser(s). 5. All appraisals MUST be submitted with the Approved Project Documentation. 6. If there are occupied homes or businesses on the property, then . requiiements of P.L. .91-646 (Uniform Relocation Act) must be met by the sponsor. A relocation plan for helping occupants relocate must be developed and submitted with the Approved Project Documentation. 7. The grant and match may total no more than the amount of the lowest approved appraisal (for the land) or the negotiated purchase price, which ever is less. 8. The purchase or donation cannot be completed (no final negotiations or transfer of title) prior to the receipt of an executed project agreement. 9. If the proposed project boundaries include or is bounded by water a Mean High Water Survey must be done within forty-five (45) days of the appraisal. INFORMATION FOR APPRAISERS You should inform the selected appraiser(s) of the following: 1. All appraisals must conform to Federal Uniform Appraisal Standards. 2. Provide specific information regarding the number of appraisals (copies) needed. DEP reg~ires two full copies of each appraisal. 3. The appraiser(s) must write to the property owner(s) offering the opportunity to inspect the site together. 4. Recreation/open space/preservation may NOT be the highest and best. use. .. STATEMENT OF JUST COMPENSATION This infonnation should be included in a letter from the project sponsor to the owner of the project site prior to closing on all acquisition projects: is now in the process of acquiring property necessary for (Acquiring Agency) recreational purposes. Title records indicate that you are the record owner(s) of real property located in the State of Florida, County of , more particularly described as follows: (or as attached) (Either include or attach a legal description - the survey and boundary map from the application may be used.) Since your property is within the project area, itis necessary to acquire the property for this project. We are prepared to commence negotiations with you for the purchase of your property subject to any existing easements or restrictions of record and excepting and reserving the following interests which will not be acquired and for which no value is included in our estimate of just compensation: In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, an estimate of just compensation in the amount of $ has been made for the interest to be acq~ired in the above-described (or referenced) property. This amount is based upon a state approved appraisal prepared under contract for the . The (Acquiring Agency) appraisal takes into consideration the location of your property, its highest and best use, current land sales of properties similar to your property and other indicators of value. The amount is not less than the appraiser's opinion of fair market value which was determined after a personal inspection of your property, at which time, you or your representative were given the opportunity to accompany him. ,., .. This amount includes compensation for the land, improvements, severance, if any, and any other elements of value. The separate amounts established for each of these elements are as follows: LAND: IMPROVEMENTS: Buildings Structures DAMAGE TO THE REMAINDER: OTHER: TO'f.AL: Any increase or decrease in the market valuation caused by the public improvement for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the detennination of just compensation. .F The proposes to purchase your property (Acquiring Agency) for the amount indicated above. In this regard, you will be contacted by a representative of this agency with a view towards completing the details of the acquisition. Also, at that time you will be advised as to relocation benefits available to you or any others that may be using or occupying the property. Please note that these benefits are separate from, and in addition to, the sum proposed as the purchase price for your property. .. ; t . ~. . I ,l " 12-0044:2 LW442 (LWCF Project Number) DEP Contract Number CFDA Number: 15-916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2001-2002 PROJECT AGREEMENT - ACQUISITION This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is j900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department") , and the CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, FL 32708 (hereinafter called the "Grantee") , a local government, in furtherance of the Central Winds Park Expansion project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Section 375.021(4), Florida Statutes; and, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to receive grants for outdoor recreation and conservation; and, WHEREAS, the Grantee has submitted Project Application number 307, which has been approved by the Department. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: l. This Project Agreement shall be effective upon execution of this Project Agreement and end no later than 12 months from execution of the Project Agreement, inclusive. The Project Agreement shall be performed in accordance with Chapter 62D-5, Part VII, Florida Administrative Code, (hereinafter called the Rule) , the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the Program) , and in accordance with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the US DO I ) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual) . The Grantee agrees DEP Agreement No. LW442 Page 1 of 15 .. . ~ , "::- . ) ) to become familiar with all provisions and comply with the Rule, effective July 15, 2001, and Manual, which are incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be .resol ved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Central Winds Park Expansion (Land and Water Conservation Fund, LWCF Project Number 12-00442) , hereinafter called the Project, and enters into this Project Agreement with the Grantee for the acquisition of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS- A048. The Approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deliverables) , is incorporated into this Project Agreement by reference as if fully set forth herein. Any revisions to the Project Elements as set forth in the Approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement. 3. Within three (3 ) years from the completion date set forth in the Project completion certificate, unless extended by the Department for good cause at the written request of the Grantee, the Grantee will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following elements: football, soccer, baseball and softball fields and other related support facilities. 4. The Project EI~ments identified in Paragraph 3 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and DEP Agreement No, LW442 Page 2 of 15 , /' '~', , J ) compatible with the environment. Plans and specifications for Project Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee on a reimbursement basis the eligible Grant amount not to '. exceed $200,000.00, which will pay said federal Program's share of the cost of the Project. Program funding limits are based upon the following: Total Department (f ederal) Program Amount $200,000.00 Grantee Match Amount $200,000.00 Total Project Cost $400,000.00 Type of Match [Cash and/or Donations] B. Within sixty (60) days after receipt of the request, the Department's Grant Manager shall review the completion documentation and payment request from the Grantee for the Project. If the documentation is sufficient and meets the requirements of the Land and Water Conservation Fund Program Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7) (e)2, the Department will approve the request for payment. 6 . In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodically request proof of a transaction (invoice, payroll register, etc. ) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines ( including cost allocation guidelines) , as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its DEP Agreement No. LW442 Page 3 of 15 . /0.- '. : J j 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.fl.us/aadir/tochandbk.html and allowable costs for federal programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html and OMB Circulars A-87, A-122, A-21, at http://www.whitehouse.gov/omb/circulars/index.html#numerical. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. 8 . The Grantee agrees to .comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the 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 in accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 9. If the Grantee has been granted a waiver of retroactivity (as defined in s. 62D-S. 069 (47) , F .A.C.) and all applicable Manual requirements have been satisfied, the full "proj ect amount may be reimbursed upon completion of the Project if such costs are identified in paragraph 9 herein as eligible costs incurred prior to execution of this Project Agreement. 10. Project funds may be reimbursed for eligible preagreement Expenses (as defined in s. 62D-S.069(31) of the Rule) incurred by Grantee prior to execution of this Project Agreement as set forth in s. 62D-S. 073 (2) (a) of the Rule. DEP Agreement No. LW442 Page 4 of 15 , ! ) " ! The Department and the Grantee fully understand and agree that there shall be no reimbursement of Project funds by the Department for any expenditure made prior to the execution of . this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. preagreement Costs Approved: $400,000.00 for Waiver of Retroactivity granted January 29, 2002. 1l. Prior to commencement of Project acquisition, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Acquisition Project Commencement Documentation Form, DEP Form FPS-AOSO, referenced in s. 62D-S. 073 (7) (e) of the Rule, to the Department. Upon determining that the documentation complies with the Rule , the Department will . give written notice to Grantee to commence the acquisition and approve the request for payment. Therefore, the Grantee shall formally acknowledge receipt of the following documents af:ter execution of this Project Agreement. It is understood that the documents listed below must be filled out by the Grantee and returned to the Department after execution of this Project Agreement. Required Project Commencement Documentation for Acquisition Agreements: A) Grantee Documentation of Condemnation (if applicable) B) Written Offer to Purchase with Statement of, or waiver of, Just Compensation C) Relocation Plan for Displaced Residents (PL91- 646, if applicable) D) Mean or Ordinary High Water Survey (if applicable) E) Appraisal (2 copies) F) Boundary Survey G) Title Search H) Certification of Manual Possession I) Division of Recreation and Parks' Grant and Contract Accountability Procedures 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of this DEP Agreement No. LW442 Page 5 of 15 i ,; i I Project and shall certify that it has done so to the Department by completing the Permitting Certification, DEP Form FPS-A052, referenced in s . 62D-5. 073 (7) (e) (1) of the Rule. 13. The Grantee shall complete all proj ect acquisition by the completion date of ----ffi~ c:::1C ci.ootf . / 14. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acqui red wi th federal funds shall be retained for five years following final disposition. 15. In addition to the provisions contained in Paragraph 13 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit-I, must be provided to the Grantee wi th each amendment which authorizes a funding increase or . decrease. The revised Exhibit-l shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the - requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-I, the Grantee shall notify the Department's Grant Manager at 850/488-7896 to request a copy of the updated information. 16. Following receipt of an audit report identifying any reimbursement due the Department for the Grantee's DEP Agreement No. LW442 Page 6 of 15 ~ ) noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, 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. 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, incase any work is subcontracted, the Grantee shall require the . subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Florida Workers' Compensation law, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 19. The Department's Grant 'Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent (also known as 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'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. Any and all notices shall be delivered to the parties at the following addresses: DEP Agreement No. LW442 Page 7 of 15 " J J Grantee's Liaison Agent Mr. Chuck Pula, Parks and Recreation Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL, 32708 Phone: 407/327-6590 Suncom Phone: Fax: 407/327-4763 Email: Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399-3000 Phone: (850) 488-7896 Suncom Phone: 278-7896 Fax: (850) 488-3665 Suncom Fax: 278-3665 Email: collier.clark@dep.state.fl.us 20. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which . credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI arid the Department. 21. The Department and USDOI have the right to inspect the Project and any and all records related thereto at any reasonable time. 22. This Agreement may be unilaterally canceleq by the Department for . refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 23. Prior to the closing of the Project the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non- compliance with the material terms of this Project Agreement. The Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to DEP Agreement No. LW442 Page 8 of 15 .- j ) 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 the total refund and interest is paid to the Department. 24. If the United States, acting through the USDOI I the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. 25. The Grantee shall comply with all federal, state and local laws, rules, regulations and ordinances in acquiring and developing this Project. The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees to ensure that the Grantee will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 26. Comp,etitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts 'for construction were competitively bid pursuant to applicable law and the Manual. 27. If asphalt paving is required for the Project it shall conform to the Florida Department of . Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 28. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation DEP Agreement No. LW442 Page 9 of 15 - ') ,-., j site for the use and benefit of the public, as stated in s. 62D-5.074(l) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. All dedications must be promptly recorded in the county's official public records by the Grantee. 29. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-5.074(2) of the Rule. The Project site, Project-related facilities (if any) , and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 30. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6 (f) (3) of the LWCF Act and the Manual and s. 62D-5.074(3) of the Rule. 31. Failure to comply with the provisions of the Rule or the terms and conditions of this Agreement will result in cancellation of the Project Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. 32. In the event of conflict in the provisions of the Rule, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 33. If the Department determines that site control is not sufficient under the Rule or has been compromised, the DEP Agreement No. LW442 Page 10 of 15 1 i Department shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the Department shall cancel this Project Agreement. 34. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under thi s Agreement is contingent upon an, annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 35. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment B, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof) , and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 36. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. DEP Agreement No. LW442 Page 11 of 15 ) . . " ) 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 wi th 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. 37. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 38. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee; contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 39. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR Part 12) , the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, 'declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person DEP Agreement No. LW442 Page 12 of 15 . } f who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by USDOI to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a ~ of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 40. This Project Agreement has been delivered in the State of Florida and shall be construed in accordance wi th the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law,' but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provi s ion shall be ineffective to the extent of such prohibition or invalidi ty, . without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 41. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under. this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. ~ 42. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. DEP Agreement No. LW442 Page 13 of 15 . } ) 43. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the Prior written approval of the Department. 44. 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, LW442 Page 14 of 15 . . .~ , J IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT CITY OF WINTER S~gINGS OF ENVIRONMENTAL PROTECTION By: ~ ;5~ ~....~...~ By : '. > :'!:.t?' . Division Director Person AuthorizeCl to Sign Division of Recreation and Parks and State Liaison Officer RonaldW. McLemore - (or DeSigne~ ~ Printed Nc!une'. Date: "U_o 7Z~# (/. ~ City Manager Title Date: March 12, 2003 Address: Address: City of Winter Springs Bureau of Design and Recreation 1126 East State Road 434 Services Winter Springs, Florida 32708 Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Talla~~da 32399-3000 DEP Grant Manager Approved as to Form and Legality for use for one year by Suzanne Brantley, Assistant General Counsel, on February 19, 2003. Grantee Attorney Attachments: Attachment A - Special Audit Requirements (5 pages) Attachment B - Disclosure of Lobbying Activities (2 pages) Attachment C - Certification Regarding Debarment/Suspension (2 pages) FPS-A053 Revised 01/03 DEP Agreement No. LW442 Page 15 of 15 ) ) ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments, MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F,S" as revised (see "AUDITS" below), monitoring procedures. may include, but not be limited to, on-site visits by Department staff, limited scope audits as 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 detem1ines that a limited scope audit of the recipient is appropriate, the .' recipient agrees to comply with any additional insb'uctions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor GeneraL AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-B3, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audi t 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 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-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-B3, as revised, will meet the requirements of this part. 2, In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Ci rcular A-B3, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). c 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. L W442, Attachment A, Page I of 5 DEP 55-215 (01102) , ) ) 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 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 anonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes, This includes submission ofa 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/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/ for assistance. . In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.1eg.state.fl.us/, Governor's Web site http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/, and the Auditor General's Website http://www.state.fl.us/audgen. PART ill: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State alldit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for (/lldits 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/or fUnding thefUll 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-I33, as revised, by or on behalf of the recipient directly to each of the following: A, . The Department ofEnvironmentall'rotection at the following address: Audit Director Florida Department of Envi ronmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. L W442, Attachment A, Page 2 or 5 DEP 55-215 (0It02) , ) ) '\ B, The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (c1)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C, Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-B3, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies offmancial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A, The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B: The Auditor General's Office at the following address: State of Florida Auditor General Room 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 directlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Envi ronmental 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-B3, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6, Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. L W442, Attachment A, Page 3 or 5 DEP 55-215 (01/02) ... } ) PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I DEP Agreement No. L W442. Attachment A. Page 4 of 5 DEP 55-215 (01/02) EXHIBIT - 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category 12-00442 U.S. Department of 15-916 . Land and Water Conservation Fund $200,000.00 140001-03 Interior .. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: "__ I Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this AqreementConsist of the Following Resources Subiect to Section 215.97, F.S.: Catalog of State . Financial CSFA Title State State State Assistance or Appropriation Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Number \ , _. I Total Award I $200,000.00 - For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) (htto://asoe.os.dhhs.aov/cfdal and/or the Rorida Catalog of State Financial Assistance (CSFA) fhtto://sun6.dms.state.f1,us/fsaa/cataloa.html. The services/purposes for which the funds are to be used are induded In the Contract scope of services/work. Any match required by the redpient is dearly indicated in the Contract, DEP Agreement No. LW442, Attachment /1, Page 5 of 5 DEP 55-215 (01/02) j ) Approved by OMB 0348.0046 ATTACHMENT B DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.c. 1352 (See reverse for public burden disclosure.) 1, Type of Federal Action: 2. Status of Federal Action: 3. Report Type: . D D D a. contract a. bid/offer/application a. initial filing b. grant b. initial award b, material change c. cooperative agreement d. loan c. post-award For Material Change Only: e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: S. If Reporting Entity in No.4 Is Subawardee, Enter Name and Address of Prime: o Prime o Subawardee Tier , if known: '\ Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program NameJDescription: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. A ward Amount, if known: $ 10, a. Name and Address of Lobbying Entity b, Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. lOa) (last name, first name, MI): (attach Continuation Sheet( s) 11. Information requested through this fonn Is authorl2ed by titie 31 U,S.C. Signature: section 1352, Tbls disclosure of lobbying activities .Is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transactIon was made or entered Into, ThIs disclosure Is required pursuant to 31 U.S,C, 1352. This InformatIon will be reported to Congress Title: semi-annually and will be available for public inspection. Any person who falls to me the required disclosure sball be subject to a civil penalty of not Telephone No.: Date: less than $10,000 and not more than $100,000 for each such failure, Authorized for Local Reproduction Standard Form - ILL (Rev 7 - 97) Form DEP 55.221 (01101) DEP Agreement No. LW442, Attachment B, Page 1 of 2 --. '. ) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous fIling, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by.the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization fIling the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter. the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). . Include pref"Ixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlloan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number, The valid 'OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions for reduc1n this burden to the Office of Mana ement and Bud et Pa erwork Reduction Pro ect 0348.004 Wasbln on D.C. 20503. Form DEP 55-221 (01/01) DEP Agreement No. LW442, Attachment B, Page 2 of 2 ) j ATTACHMENT C CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW442 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or othelWise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,20_. By Authorized Signature/Contractor Typed Nametritle Contractor's Firm Name Street Address Building, Suite Number City/StatelZip Code Area Codetrelephone Number Form DEP 55-220 (01/01) Page 1 of2 DEP Agreement No. LW442, Attachment ~ Page 1 ~f 2 .. , , . ) ) INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2, The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowing~y enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification' Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous: A participant may decide the method and frequency by which it determines the eligibility of its principals, Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) . 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is p~posed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency, with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 55-220 (01/01) Page 2 of 2 DEP Agreement No. L W442, Attachment ~ Page 2 of 2 . 1- . "I' - '. , . - 1 ; . . LWCF COMMENCEMENT DOCUMENTS I PACKET '. FOR FY 2001-2002 THE ENCLOSED DOCUMENTS MUST BE COMPLETED AND RETURNED TO THE BUREAU . OF DESIGN AND RECREA nON SERVICES PRIOR TO THE FIRST REIMBURSEMENT FOR DEVEJ_OPMENT OR ACQUISITION -- .- - , . " FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM Required Project Commencement Documentation . Document Acquisition Development Grantee Documentation of X Condemnation (if applicable) Written Offer to Purchase with X Statement Of, or Waiver Of, Just Compensation Relocation Plan for Displaced Residents X (pL 91-646, if applicable) Mean or Ordinary High Water Survey, X if applicable Appraisals (2 copies) X Boundary Survey (2 copies) X X Title Search X X Site Plan (2 copies) X List of Facilities and Improvements X for Construction With Related Costs , . Permitting Certification X Development projects using land value as match, will need to provide 2 copies of Appraisals, a Waiv.er of Just Compensation and a Relocation Plan for Displaced Residents (pL 91-646) in addition to the required development docuqlents listed above, FPS- A050 Revised (10/02) . ,- -- .- ._, . ; , Prior to reimbursement or commencement of project acquisition, submit the following items to the Department'for approval: 1, All acquisition projects must follow the quidelines set forth in the Land and Water Conservation Fund Program Grants-in-Aid Manual. 2. A_self contained narrative appraisal. The appraisal must be prepared by an appraiser on DEP's Division of State Lands (DSL) approved appraiser list. If the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisal(s) shaH be dated no earlier than (6) months prior to the closing date of the applic'ation period.). The appraisal(s) will be reviewed by a fee appraiser under contract with DSL. Payment of appraisal review fees will be the responsibility of the grantee and will be made by the grantee upon and pursuant to direction of the Bureau 'of Design and_Recreation Services. These costs are not reimbursable. (2 copies) 3. A boundary survey of the project site, which includes a legal description of the property, prepared, signed an.d sealed by a Florida, registered landsurveyor. The survey must be updated to within one year of the closing date ofthe application submission period. (2 copies) 4. 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 to a clear title ~wned by the grantee, with no liens or taxes held against the property. n,," EaJlaw,ul1 . :,~a . . . 'r()vaboff~tlfils~B()ctlmenlatlonL~f;l'e~,me' aHIme . t~wllhISStleTW,rltten; .um(:nazatIQn;:,ta;ii:mf!~ il.""._IIIff.~ftlf.~'llrll~~~~~~.Yd.m~i!ll1ri.~nllqY'_li .- - .. . -- .- . . LWCF APPRAISAL REQUIREMENTS GENERAL INFORMATION 1. The appraisal shall be updated to within six months prior to the closing date of the submission period. 2. Appraiser(s) must be on the LIST OF APPROVED APPRAISERS maintained by DEP Bureau of Appraisal. Contact the DEP Bureau of Appraisal, 850) 245-2658 or check the following web site for those in your geographic area:http://www.dep.state.fl.us/lands/appraisal/index.htm , 3. If the property is valued over $500,000, two appraisals are required. 4. The property survey should be completed prior to appraisal so that it can be utilized by the'appraiser(s). 5. All appraisals MUST be submitted with the Approved Project Documentation. 6. If there are occupied homes or businesses on the property, then . requirements of P.L.91-646 (Uniform Relocation Ac~) must be met by the sponsor. A relocation plan for helping occupants relocate must be developed and submitted with the Approved Project Documentation. 7: The grant and match may total no more than the amount of the lowest approved appraisal (for the land) or the negotiated purchase price, which ever is less. 8. The purchase or donation cannot be completed (no final negotiations or transfer ot' title) prior to the receipt of an executed project agreement. 9. If the proposed project boundaries include or is bounded by water a Mean High Water Survey must be done within forty-five (45) days of the appraisal. INFORMATION FOR APPRAISERS You should inform the selected appraiser(s) of the following: f. All appraisals must conform to Federal Uniform Appraisal Standards. 2. PrQvide specific information regarding the number of appraisals (copies) needed. DEP requires two full copies of each appraisal. .3. The appraiser(s) must write to the property owner(s) offering the opportunity to inspect the. site together. 4. Recreation/open space/preservation may NOT be the highest and best use. .-. -- , . , . ST A TEl\1ENT OF JUST COMPENSATION This infonnation should be included in a letter from the project sponsor to the owner of the project site prior to closing on all acquisition projects: is now in the process of acquiring property necessary for (Acquiring Agency) 1 recreational purposes. Title records indicate that you are the record owner(s) of real property located in the State of Florida, County of , more particularly described as follows: (or as attached) (Either include or attach a legal description - the survey and boundary map from the application may be used.) Since your property is within the project area, itis necessary to acquire the property for this project. ." We are prepared to commence negotiations with you for the purchase of your property subject to any existing easements or restrictions of record and excepting and reserving the following interests which will not be acquired and for which no value is included in our estimate of just compensation: . , In compliance with Section 301 of the Uniform Relocation Assistance and Real Property AcquisItion Policies Act of 1970, Public Law 91-646, an estimate of just compensation in the amount of $ has been made for the interest to be acquired in tile above-described (or referenced) property. This amount is based upon a state approved appraisal prepared under contract for the . The (Acquiring Agency) appraisal takes into consideration the location of your property, its highest and best use, current land sales of properties similar to your property and other indicators of value. The amount is not less than the appraiser's opinion of fair market value which was determined after a personal inspection of your property, at which time, you or your representative were given the opportunity to accompany him. ..- -- '- '-. " . . This amount includes compensation for the land, improvements, severance, if any, and any other elements of value. The separate amounts established for each of these elements are as follows: LAND: , IMPROVEMENTS: Buildings Structures DAMAGE TO THE REMAINDER: OTHER: TO'f.AL: Any increase or decrease in the market valuation caused by the public improvement for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation. ..- -- .- ~ ' . . " . The proposes to purchase your property (Acquiring Agency) for the amount indicated above. In this regard, you will be contacted by a representative of this agency with a view towards 'completing the details of the acquisition. Also, at that time you will be advised as to relocation benefits available to you or any others that may be using or occupying the property. Please note that these benefits are separate from, and in addition to, the sum proposed as the purchase price for your property. / ..- -- ; t . ~. . I ,l " 12-0044:2 LW442 (LWCF Project Number) DEP Contract Number CFDA Number: 15-916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2001-2002 PROJECT AGREEMENT - ACQUISITION This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is j900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department") , and the CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, FL 32708 (hereinafter called the "Grantee") , a local government, in furtherance of the Central Winds Park Expansion project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Section 375.021(4), Florida Statutes; and, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to receive grants for outdoor recreation and conservation; and, WHEREAS, the Grantee has submitted Project Application number 307, which has been approved by the Department. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: l. This Project Agreement shall be effective upon execution of this Project Agreement and end no later than 12 months from execution of the Project Agreement, inclusive. The Project Agreement shall be performed in accordance with Chapter 62D-5, Part VII, Florida Administrative Code, (hereinafter called the Rule) , the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the Program) , and in accordance with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the US DO I ) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual) . The Grantee agrees DEP Agreement No. LW442 Page 1 of 15 .. . ~ , "::- . ) ) to become familiar with all provisions and comply with the Rule, effective July 15, 2001, and Manual, which are incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be .resol ved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Central Winds Park Expansion (Land and Water Conservation Fund, LWCF Project Number 12-00442) , hereinafter called the Project, and enters into this Project Agreement with the Grantee for the acquisition of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS- A048. The Approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deliverables) , is incorporated into this Project Agreement by reference as if fully set forth herein. Any revisions to the Project Elements as set forth in the Approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement. 3. Within three (3 ) years from the completion date set forth in the Project completion certificate, unless extended by the Department for good cause at the written request of the Grantee, the Grantee will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following elements: football, soccer, baseball and softball fields and other related support facilities. 4. The Project EI~ments identified in Paragraph 3 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and DEP Agreement No, LW442 Page 2 of 15 , /' '~', , J ) compatible with the environment. Plans and specifications for Project Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee on a reimbursement basis the eligible Grant amount not to '. exceed $200,000.00, which will pay said federal Program's share of the cost of the Project. Program funding limits are based upon the following: Total Department (f ederal) Program Amount $200,000.00 Grantee Match Amount $200,000.00 Total Project Cost $400,000.00 Type of Match [Cash and/or Donations] B. Within sixty (60) days after receipt of the request, the Department's Grant Manager shall review the completion documentation and payment request from the Grantee for the Project. If the documentation is sufficient and meets the requirements of the Land and Water Conservation Fund Program Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7) (e)2, the Department will approve the request for payment. 6 . In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodically request proof of a transaction (invoice, payroll register, etc. ) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines ( including cost allocation guidelines) , as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its DEP Agreement No. LW442 Page 3 of 15 . /0.- '. : J j 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.fl.us/aadir/tochandbk.html and allowable costs for federal programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html and OMB Circulars A-87, A-122, A-21, at http://www.whitehouse.gov/omb/circulars/index.html#numerical. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. 8 . The Grantee agrees to .comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the 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 in accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 9. If the Grantee has been granted a waiver of retroactivity (as defined in s. 62D-S. 069 (47) , F .A.C.) and all applicable Manual requirements have been satisfied, the full "proj ect amount may be reimbursed upon completion of the Project if such costs are identified in paragraph 9 herein as eligible costs incurred prior to execution of this Project Agreement. 10. Project funds may be reimbursed for eligible preagreement Expenses (as defined in s. 62D-S.069(31) of the Rule) incurred by Grantee prior to execution of this Project Agreement as set forth in s. 62D-S. 073 (2) (a) of the Rule. DEP Agreement No. LW442 Page 4 of 15 , ! ) " ! The Department and the Grantee fully understand and agree that there shall be no reimbursement of Project funds by the Department for any expenditure made prior to the execution of . this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. preagreement Costs Approved: $400,000.00 for Waiver of Retroactivity granted January 29, 2002. 1l. Prior to commencement of Project acquisition, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Acquisition Project Commencement Documentation Form, DEP Form FPS-AOSO, referenced in s. 62D-S. 073 (7) (e) of the Rule, to the Department. Upon determining that the documentation complies with the Rule , the Department will . give written notice to Grantee to commence the acquisition and approve the request for payment. Therefore, the Grantee shall formally acknowledge receipt of the following documents af:ter execution of this Project Agreement. It is understood that the documents listed below must be filled out by the Grantee and returned to the Department after execution of this Project Agreement. Required Project Commencement Documentation for Acquisition Agreements: A) Grantee Documentation of Condemnation (if applicable) B) Written Offer to Purchase with Statement of, or waiver of, Just Compensation C) Relocation Plan for Displaced Residents (PL91- 646, if applicable) D) Mean or Ordinary High Water Survey (if applicable) E) Appraisal (2 copies) F) Boundary Survey G) Title Search H) Certification of Manual Possession I) Division of Recreation and Parks' Grant and Contract Accountability Procedures 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of this DEP Agreement No. LW442 Page 5 of 15 i ,; i I Project and shall certify that it has done so to the Department by completing the Permitting Certification, DEP Form FPS-A052, referenced in s . 62D-5. 073 (7) (e) (1) of the Rule. 13. The Grantee shall complete all proj ect acquisition by the completion date of ----ffi~ c:::1C ci.ootf . / 14. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acqui red wi th federal funds shall be retained for five years following final disposition. 15. In addition to the provisions contained in Paragraph 13 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit-I, must be provided to the Grantee wi th each amendment which authorizes a funding increase or . decrease. The revised Exhibit-l shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the - requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-I, the Grantee shall notify the Department's Grant Manager at 850/488-7896 to request a copy of the updated information. 16. Following receipt of an audit report identifying any reimbursement due the Department for the Grantee's DEP Agreement No. LW442 Page 6 of 15 ~ ) noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, 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. 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, incase any work is subcontracted, the Grantee shall require the . subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Florida Workers' Compensation law, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 19. The Department's Grant 'Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent (also known as 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'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. Any and all notices shall be delivered to the parties at the following addresses: DEP Agreement No. LW442 Page 7 of 15 " J J Grantee's Liaison Agent Mr. Chuck Pula, Parks and Recreation Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL, 32708 Phone: 407/327-6590 Suncom Phone: Fax: 407/327-4763 Email: Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399-3000 Phone: (850) 488-7896 Suncom Phone: 278-7896 Fax: (850) 488-3665 Suncom Fax: 278-3665 Email: collier.clark@dep.state.fl.us 20. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which . credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI arid the Department. 21. The Department and USDOI have the right to inspect the Project and any and all records related thereto at any reasonable time. 22. This Agreement may be unilaterally canceleq by the Department for . refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 23. Prior to the closing of the Project the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non- compliance with the material terms of this Project Agreement. The Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to DEP Agreement No. LW442 Page 8 of 15 .- j ) 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 the total refund and interest is paid to the Department. 24. If the United States, acting through the USDOI I the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. 25. The Grantee shall comply with all federal, state and local laws, rules, regulations and ordinances in acquiring and developing this Project. The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees to ensure that the Grantee will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 26. Comp,etitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts 'for construction were competitively bid pursuant to applicable law and the Manual. 27. If asphalt paving is required for the Project it shall conform to the Florida Department of . Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 28. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation DEP Agreement No. LW442 Page 9 of 15 - ') ,-., j site for the use and benefit of the public, as stated in s. 62D-5.074(l) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. All dedications must be promptly recorded in the county's official public records by the Grantee. 29. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-5.074(2) of the Rule. The Project site, Project-related facilities (if any) , and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 30. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6 (f) (3) of the LWCF Act and the Manual and s. 62D-5.074(3) of the Rule. 31. Failure to comply with the provisions of the Rule or the terms and conditions of this Agreement will result in cancellation of the Project Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. 32. In the event of conflict in the provisions of the Rule, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 33. If the Department determines that site control is not sufficient under the Rule or has been compromised, the DEP Agreement No. LW442 Page 10 of 15 1 i Department shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the Department shall cancel this Project Agreement. 34. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under thi s Agreement is contingent upon an, annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 35. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment B, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof) , and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 36. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. DEP Agreement No. LW442 Page 11 of 15 ) . . " ) 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 wi th 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. 37. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 38. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee; contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 39. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR Part 12) , the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, 'declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person DEP Agreement No. LW442 Page 12 of 15 . } f who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by USDOI to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a ~ of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 40. This Project Agreement has been delivered in the State of Florida and shall be construed in accordance wi th the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law,' but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provi s ion shall be ineffective to the extent of such prohibition or invalidi ty, . without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 41. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under. this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. ~ 42. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. DEP Agreement No. LW442 Page 13 of 15 . } ) 43. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the Prior written approval of the Department. 44. 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, LW442 Page 14 of 15 . . .~ , J IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT CITY OF WINTER S~gINGS OF ENVIRONMENTAL PROTECTION By: ~ ;5~ ~....~...~ By : '. > :'!:.t?' . Division Director Person AuthorizeCl to Sign Division of Recreation and Parks and State Liaison Officer RonaldW. McLemore - (or DeSigne~ ~ Printed Nc!une'. Date: "U_o 7Z~# (/. ~ City Manager Title Date: March 12, 2003 Address: Address: City of Winter Springs Bureau of Design and Recreation 1126 East State Road 434 Services Winter Springs, Florida 32708 Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Talla~~da 32399-3000 DEP Grant Manager Approved as to Form and Legality for use for one year by Suzanne Brantley, Assistant General Counsel, on February 19, 2003. Grantee Attorney Attachments: Attachment A - Special Audit Requirements (5 pages) Attachment B - Disclosure of Lobbying Activities (2 pages) Attachment C - Certification Regarding Debarment/Suspension (2 pages) FPS-A053 Revised 01/03 DEP Agreement No. LW442 Page 15 of 15 ) ) ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments, MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F,S" as revised (see "AUDITS" below), monitoring procedures. may include, but not be limited to, on-site visits by Department staff, limited scope audits as 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 detem1ines that a limited scope audit of the recipient is appropriate, the .' recipient agrees to comply with any additional insb'uctions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor GeneraL AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-B3, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audi t 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 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-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-B3, as revised, will meet the requirements of this part. 2, In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Ci rcular A-B3, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). c 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. L W442, Attachment A, Page I of 5 DEP 55-215 (01102) , ) ) 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 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 anonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes, This includes submission ofa 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/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/ for assistance. . In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.1eg.state.fl.us/, Governor's Web site http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/, and the Auditor General's Website http://www.state.fl.us/audgen. PART ill: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State alldit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for (/lldits 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/or fUnding thefUll 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-I33, as revised, by or on behalf of the recipient directly to each of the following: A, . The Department ofEnvironmentall'rotection at the following address: Audit Director Florida Department of Envi ronmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. L W442, Attachment A, Page 2 or 5 DEP 55-215 (0It02) , ) ) '\ B, The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (c1)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C, Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-B3, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies offmancial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A, The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B: The Auditor General's Office at the following address: State of Florida Auditor General Room 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 directlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Envi ronmental 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-B3, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6, Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. L W442, Attachment A, Page 3 or 5 DEP 55-215 (01/02) ... } ) PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I DEP Agreement No. L W442. Attachment A. Page 4 of 5 DEP 55-215 (01/02) EXHIBIT - 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category 12-00442 U.S. Department of 15-916 . Land and Water Conservation Fund $200,000.00 140001-03 Interior .. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: "__ I Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this AqreementConsist of the Following Resources Subiect to Section 215.97, F.S.: Catalog of State . Financial CSFA Title State State State Assistance or Appropriation Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Number \ , _. I Total Award I $200,000.00 - For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) (htto://asoe.os.dhhs.aov/cfdal and/or the Rorida Catalog of State Financial Assistance (CSFA) fhtto://sun6.dms.state.f1,us/fsaa/cataloa.html. The services/purposes for which the funds are to be used are induded In the Contract scope of services/work. Any match required by the redpient is dearly indicated in the Contract, DEP Agreement No. LW442, Attachment /1, Page 5 of 5 DEP 55-215 (01/02) j ) Approved by OMB 0348.0046 ATTACHMENT B DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.c. 1352 (See reverse for public burden disclosure.) 1, Type of Federal Action: 2. Status of Federal Action: 3. Report Type: . D D D a. contract a. bid/offer/application a. initial filing b. grant b. initial award b, material change c. cooperative agreement d. loan c. post-award For Material Change Only: e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: S. If Reporting Entity in No.4 Is Subawardee, Enter Name and Address of Prime: o Prime o Subawardee Tier , if known: '\ Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program NameJDescription: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. A ward Amount, if known: $ 10, a. Name and Address of Lobbying Entity b, Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. lOa) (last name, first name, MI): (attach Continuation Sheet( s) 11. Information requested through this fonn Is authorl2ed by titie 31 U,S.C. Signature: section 1352, Tbls disclosure of lobbying activities .Is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transactIon was made or entered Into, ThIs disclosure Is required pursuant to 31 U.S,C, 1352. This InformatIon will be reported to Congress Title: semi-annually and will be available for public inspection. Any person who falls to me the required disclosure sball be subject to a civil penalty of not Telephone No.: Date: less than $10,000 and not more than $100,000 for each such failure, Authorized for Local Reproduction Standard Form - ILL (Rev 7 - 97) Form DEP 55.221 (01101) DEP Agreement No. LW442, Attachment B, Page 1 of 2 --. '. ) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous fIling, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by.the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization fIling the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter. the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). . Include pref"Ixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlloan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number, The valid 'OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions for reduc1n this burden to the Office of Mana ement and Bud et Pa erwork Reduction Pro ect 0348.004 Wasbln on D.C. 20503. Form DEP 55-221 (01/01) DEP Agreement No. LW442, Attachment B, Page 2 of 2 ) j ATTACHMENT C CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW442 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or othelWise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,20_. By Authorized Signature/Contractor Typed Nametritle Contractor's Firm Name Street Address Building, Suite Number City/StatelZip Code Area Codetrelephone Number Form DEP 55-220 (01/01) Page 1 of2 DEP Agreement No. LW442, Attachment ~ Page 1 ~f 2 .. , , . ) ) INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2, The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowing~y enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification' Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous: A participant may decide the method and frequency by which it determines the eligibility of its principals, Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) . 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is p~posed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency, with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 55-220 (01/01) Page 2 of 2 DEP Agreement No. L W442, Attachment ~ Page 2 of 2 . 1- . "I' - '. , . - 1 ; . . LWCF COMMENCEMENT DOCUMENTS I PACKET '. FOR FY 2001-2002 THE ENCLOSED DOCUMENTS MUST BE COMPLETED AND RETURNED TO THE BUREAU . OF DESIGN AND RECREA nON SERVICES PRIOR TO THE FIRST REIMBURSEMENT FOR DEVEJ_OPMENT OR ACQUISITION -- .- - , . " FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM Required Project Commencement Documentation . Document Acquisition Development Grantee Documentation of X Condemnation (if applicable) Written Offer to Purchase with X Statement Of, or Waiver Of, Just Compensation Relocation Plan for Displaced Residents X (pL 91-646, if applicable) Mean or Ordinary High Water Survey, X if applicable Appraisals (2 copies) X Boundary Survey (2 copies) X X Title Search X X Site Plan (2 copies) X List of Facilities and Improvements X for Construction With Related Costs , . Permitting Certification X Development projects using land value as match, will need to provide 2 copies of Appraisals, a Waiv.er of Just Compensation and a Relocation Plan for Displaced Residents (pL 91-646) in addition to the required development docuqlents listed above, FPS- A050 Revised (10/02) . ,- -- .- ._, . ; , Prior to reimbursement or commencement of project acquisition, submit the following items to the Department'for approval: 1, All acquisition projects must follow the quidelines set forth in the Land and Water Conservation Fund Program Grants-in-Aid Manual. 2. A_self contained narrative appraisal. The appraisal must be prepared by an appraiser on DEP's Division of State Lands (DSL) approved appraiser list. If the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisal(s) shaH be dated no earlier than (6) months prior to the closing date of the applic'ation period.). The appraisal(s) will be reviewed by a fee appraiser under contract with DSL. Payment of appraisal review fees will be the responsibility of the grantee and will be made by the grantee upon and pursuant to direction of the Bureau 'of Design and_Recreation Services. These costs are not reimbursable. (2 copies) 3. A boundary survey of the project site, which includes a legal description of the property, prepared, signed an.d sealed by a Florida, registered landsurveyor. The survey must be updated to within one year of the closing date ofthe application submission period. (2 copies) 4. 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 to a clear title ~wned by the grantee, with no liens or taxes held against the property. n,," EaJlaw,ul1 . :,~a . . . 'r()vaboff~tlfils~B()ctlmenlatlonL~f;l'e~,me' aHIme . t~wllhISStleTW,rltten; .um(:nazatIQn;:,ta;ii:mf!~ il.""._IIIff.~ftlf.~'llrll~~~~~~.Yd.m~i!ll1ri.~nllqY'_li .- - .. . -- .- . . LWCF APPRAISAL REQUIREMENTS GENERAL INFORMATION 1. The appraisal shall be updated to within six months prior to the closing date of the submission period. 2. Appraiser(s) must be on the LIST OF APPROVED APPRAISERS maintained by DEP Bureau of Appraisal. Contact the DEP Bureau of Appraisal, 850) 245-2658 or check the following web site for those in your geographic area:http://www.dep.state.fl.us/lands/appraisal/index.htm , 3. If the property is valued over $500,000, two appraisals are required. 4. The property survey should be completed prior to appraisal so that it can be utilized by the'appraiser(s). 5. All appraisals MUST be submitted with the Approved Project Documentation. 6. If there are occupied homes or businesses on the property, then . requirements of P.L.91-646 (Uniform Relocation Ac~) must be met by the sponsor. A relocation plan for helping occupants relocate must be developed and submitted with the Approved Project Documentation. 7: The grant and match may total no more than the amount of the lowest approved appraisal (for the land) or the negotiated purchase price, which ever is less. 8. The purchase or donation cannot be completed (no final negotiations or transfer ot' title) prior to the receipt of an executed project agreement. 9. If the proposed project boundaries include or is bounded by water a Mean High Water Survey must be done within forty-five (45) days of the appraisal. INFORMATION FOR APPRAISERS You should inform the selected appraiser(s) of the following: f. All appraisals must conform to Federal Uniform Appraisal Standards. 2. PrQvide specific information regarding the number of appraisals (copies) needed. DEP requires two full copies of each appraisal. .3. The appraiser(s) must write to the property owner(s) offering the opportunity to inspect the. site together. 4. Recreation/open space/preservation may NOT be the highest and best use. .-. -- APPRAISAL Contd. 5. A 10 year history of conveyance must be included. 6. A three year history of assessed value must be included. 7. If there are any buildings (or other development) on the property, these must be addressed separately from the land value (at depreciated value) . 8. If donated land value is to be used as match, the appraiser(s) must appraise the property in parcels. (e.g. A = the parcel to be purchased by the grant, B = the parcel to be used as match.) Please clarify with the appraiser(s) how much acreage will be in each individual parcel so that the grant and match are of equal value. , . , . ST A TEl\1ENT OF JUST COMPENSATION This infonnation should be included in a letter from the project sponsor to the owner of the project site prior to closing on all acquisition projects: is now in the process of acquiring property necessary for (Acquiring Agency) 1 recreational purposes. Title records indicate that you are the record owner(s) of real property located in the State of Florida, County of , more particularly described as follows: (or as attached) (Either include or attach a legal description - the survey and boundary map from the application may be used.) Since your property is within the project area, itis necessary to acquire the property for this project. ." We are prepared to commence negotiations with you for the purchase of your property subject to any existing easements or restrictions of record and excepting and reserving the following interests which will not be acquired and for which no value is included in our estimate of just compensation: . , In compliance with Section 301 of the Uniform Relocation Assistance and Real Property AcquisItion Policies Act of 1970, Public Law 91-646, an estimate of just compensation in the amount of $ has been made for the interest to be acquired in tile above-described (or referenced) property. This amount is based upon a state approved appraisal prepared under contract for the . The (Acquiring Agency) appraisal takes into consideration the location of your property, its highest and best use, current land sales of properties similar to your property and other indicators of value. The amount is not less than the appraiser's opinion of fair market value which was determined after a personal inspection of your property, at which time, you or your representative were given the opportunity to accompany him. ..- -- '- '-. " . . This amount includes compensation for the land, improvements, severance, if any, and any other elements of value. The separate amounts established for each of these elements are as follows: LAND: , IMPROVEMENTS: Buildings Structures DAMAGE TO THE REMAINDER: OTHER: TO'f.AL: Any increase or decrease in the market valuation caused by the public improvement for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation. ..- -- .- ~ ' . . " . The proposes to purchase your property (Acquiring Agency) for the amount indicated above. In this regard, you will be contacted by a representative of this agency with a view towards 'completing the details of the acquisition. Also, at that time you will be advised as to relocation benefits available to you or any others that may be using or occupying the property. Please note that these benefits are separate from, and in addition to, the sum proposed as the purchase price for your property. / ..- -- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407)327-6599 Fax: (407)327-4763 Parks & Recreation Dept. MEMORANDUM TO: Andrea Lorenzo-Luaces, City Clerk FROM: Chuck Pula, Director Parks and Recreation RE: Florida DEP, Land and Water Conservation Fund Program-Project Agreement Acquisition DATE: April 25, 2003 Attached is the executed original of the Florida Department of Environmental Protection Land and Water Conservation Fund Program FY 2001-2002 Project Agreement Acquisition for your files. It was approved for execution by the City Commission on 3/10/2003.