HomeMy WebLinkAboutFlorida Recreation Assistance Program (FRDAP) -2003 09 29
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This Notice of Limitation of Use/Site Dedication gives notice that the Real Property .m
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"A" and "B," respectively (the "Property"), has been acquired by or developed with Q
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financial assistance provided by the Florida Legislature, through the Department of =t
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Environmental Protection, under the grant program called the Florida Recreation ~
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Development Assistance Program (FRDAP). In accordance with section 375.075, F.S., ~
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OEPAgreement No, F4263
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDADEPARTMENT OF ENVIRONMENTAL PROTECTION
. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2003-04) - Development
This Agreement is made and entered into between the STATE OF FLORIDA
J DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called . the
, . DEPARTMENT, and the CITY OF WINTER SPRINGS, hereinafter called the
GRANTEE, a local government, in furtherance of an approved public outdoor recreation
project. In consideration of the mutual covenants contained herein and pursuant to
section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative
Code, the parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with sectfon
375.075, Florida Statutes, and chapter 6'20-5, Part V, Florida. Administrative
Code, hereinafter called. the RULE. The GRANTEE shall comply with all
provisions of the RULE, effective July 5, 2001, which' is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall. have application to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known 'as Central Winds Park (Florida Recreation
Development Assistance Program, FRDAP ProjeCt Number F40263), hereinafter
called the PROJECT, and enters into this PROJECT AGREEMENT with the
GRANTEE for the development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034,
3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor
.recreation facilities and improvements consisting of the following PROJECT
ELEMENTS which may be'modified by the DEPARTMENT if GRANTEE shows'
good cause: Light soccer fields, picnic area, bike path, access road, renovate
playground, and other related support facilities. ,
DEP Agreement No. F4263, Page 1 of 9
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4, The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000,00 50%
GRANTEE Match: $200,000,00 50%
Type of Match: Cash/In-Kind Services and/or Land Value . ..'
5. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the request, the DEPARTMENT's Grant Manager shall
review the completion documentation and payment request from the GRANTEE
for the PROJECT. If the documentation is sufficient and meets the requirements.
of the Florida Recreati,on . Development Assistance Program Completion
-' Documentation Form, DEP Form FPS-A036, referenced in s. 62D-5.058(6)(g),
the DEPARTMENT will approve the request for payment.
6. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State and Federal guidelines (including cost allocation
guidelines), as appropriate. When requested, this information must be provided
within 30 calendar days of the date of such request. The GRANTEE may also be
required to submit a cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative costs, and fringe benefits). .
All bills for amounts due under this Agreement shall be submitted in detail
sufficient for a proper pre-audit and post:'audit thereof. State guidelines for
allowable costs can be found in the Department of Financial Services' Reference
Guide for State Expenditures at www,dbf,state.f1,us/aadir/reference Quide.
7. The GRANTEE agrees to. comply with the Division of Recreation and Parks'
Grant and Contract AcCountability Procedure, hereinafter called the
PROCEDURE and incorporated into this PROJECT AGREEMENT by reference
as if fully set forth herein.. All purchases' of goods and ,services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's adopted procurement procedures. Expenses representing the
PROJECT costs, including the requJred matching contribution, shall be reported
to the DEPARTMENT and summarized on certification forms. provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed under the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting, documentation and minimum reporting requirements of
the PROCEDURE shall be used.
DEP Agreement No. F4263, Page 2 of 9
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8 . Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein, Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses,
9. I~ is understood by the parties that the amount of this PROJECT AGREEMENT
may be reduced should the Governor's Office declare a revenue shortfall and
assess a mandatory reserve. Should a shortfall be declared, the amount of this
PROJECT AGREEMENT may be reduced by the same percentage as the
DEPARTMENT is assessed for the mandatory reserve.
10, A. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature,
The parties hereto understand that this Agreement is not a commitment of
future appropriation,s.
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8, The GRANTEE understands that the funds supporting this Agreement are
subject to certification forward approval by the Governor's Office on June
30th each year. The GRANTEE understands and agrees that if the
Governor's Office does not approve the DEPARTMENT's request to
certify' the funds forward, the GRANTEE will not be eligible for
reimbursement ~fter the reversion of said funds.
II. All monies expended by the GRANTEE for the purpose contained herein shall.be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
12. PROJECT funds may. be, reimbursed for eligible Preagreement Expenses' (as
defined in s, 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT as set forth in s.62D-5,055(9) of the
RULE. The DEPARTMENTand the GRANTEE fully understand and agree that
there shall be no reimbursement of PROJECT funds by the DEPARTMENT for
any expenditure made" prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
13. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documen.tation required by the ,Florida Recreation Development Assistance
Program. Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
14. The GRANTEE shall obtain ,. all required local, state and federal permits and
approvals, prior to commencement of project construction and shall certify that it
DEP Agreement No. F4263, Page 3 of 9
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has done so to the DEPARTMENT by completing the Permitting Certification,
FPS-A034, referenced in s, 62D-5.058(7)(c) of the RULE.
15. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or before
fI\::ttbQf q,~ (hereinafter referred to as the PROJECT completion
date), The G NTEE may request up to two (2) one-year extensions from the
DEPARTMENT for good cause by submitting a written requesL..to the
DEPARTMENT. Such request must be made prior to the PROJECT completion
date. However, the GRANTEE understands that if the Governor's Office does not
approve the DEPARTMENT's request to certify the funds forward on June 30th of
each year, the GRANTEE will not be eligible for reimbursement after the
reversion of said funds,
16. Project completion means, the project is open and available for use by the public.
'" Project must be completed prior to release of final reimbursement.
17. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started' prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
five':'year retention period.
18. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease, The reVised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1" the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 488-7896 to request a copy of the updated
information.
19. Following receipt of an audit, repprt . identifying' any reimbursement due. the,
DEPARTMENT for the GRANTEE's non- compliance with this PROJECT
AGREEMENT, the GRANTEE,will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as being
due to the' DEPARTMENT. The, DEPARTMENT, following a review of the
docume'ntation submitted by the GRANTEE, will inform the GRANTEE of any
reimbursement due the DEPARTMENT.
DEP Agreement No, F426,3, Page 4 of 9
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20. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTME~T, agrees to carry adequate liability and other
appropriate forms of insurance, The DEPARTMENT shall have no liability except
as specifically provided in this PROJECT AGREEMENT.
21. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Cotnpensption statutes, the GRANTEE shall provide, and cause
.... each subcontractor to provide, adequate insurance satisfactory' to the
DEPARTMENT, for the protection of its employees not otherwise protected.
.22. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
23. The DEPARTMENT's Grant Manager for the purpose of this PROJECT
AGREEMENT shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 24, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT, The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every one hundred twenty (120) days summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the DEPARTMENT, Photographs to
reflect the construction work accomplished shall be submitted when the
DEPARTMENT requests them.
24. Any and all notices required by this PROJECT AGREEMENT shall be delivered
to the parties at the following addresses:
GRANTEE's Grant Manager , DEPARTMENT's Grant Manager
Mr. Chuck Pula A. Diane Langston
Director Florida Department of Environmental
1126 East State Road 434 Protection
Winter Springs, Florida 32708 3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
DEP Agreement No. F4263, Page 5 of 9
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25. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding ,or a portion thereof,
to the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
26. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time, '_..'
27. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal
by the GRANTEE to ,allow, public access to all documents, papers, letters, or
other material made or received by the GRANTEE in conjunction with this
Agreement, unless the records are exempt from Section 24(a) of Article I of the
State Constitution and Section 119,07(1), Florida Statutes.
.; Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
28.
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from' the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required until
refund and interest is paid to the DEPARTMENT.
29. The GRANTEE shall comply with all federal, state and local regulations, rul~s
and ordinances in developing this PROJECT, The GRANTEE aC,knowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building . codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT,
30. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor' recreation site by the
GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE, such.
as by lease, shall be dedicated as an outdoor recreation area for the use and
benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth hi the PROJECT completion certificate. All dedications
. must be recorded in, the county propertY records by the GRANTEE.' Such
PROJECT shall be open at reasonab,le times and shall be managed in a safe and
attractive manner appropriate for public use.,
31. Failure to comply with the provisions of the RULE or the terms and ,conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall' give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in .
DEP Agreement No. F4263, Page 6 of 9
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writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and may result in the imposition of
the terms in Paragraph 28,
32. In the event of conflict. in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the Rule shall control
over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall
control over the Project Application documents,
33. If the DEPARTMENT determines that site control is not sufficient under the
RULE, the DEPARTMENT shall give the GRANTEE a notice in writing and a
reasonable time to comply. If the deficiency is not corrected within the time
specified in the notice, the DEPARTMENT shall cancel this PROJECT
AGREEMENT.
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34. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
35. A. No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation' in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform,
work as a contractor, supplier, subcontractor, or consultant under contract,
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
36. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents, However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768,28, Florida Statutes.
37. The employment of unauthorized aliens by any Grantee is considered a violation
of Section 274A(e) of the Immigration and Nationality Act. If the Grantee
knowingly employs unauthorized. aliens, such violation shall be cause for
DEP Agreement No. F4263, Page 7 of 9
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unilateral cancellation of this Agreement. The Grantee shall be responsible for
including this provision in all subcontracts issued as a result of this Agreement.
38. A person or affiliate who has been placed on the convicted vendor' list following a
. conviction for a public entity crime may not perform work asa grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
. threshold amount provided in s, 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
39. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
.., provision of this PROJECT AGREEMENT shall be prohibited or invalid under
-applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT, Any action hereon, or in
connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
40. No delay or failure to exercise any right, power or remedy accruing to, either party
upon breach or default by either party under this PROJECT AGREEMENT, shall
impair any such right,. power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
41. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto,
42. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the written approval of the DEPARTMENT.
43. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations"changes, modifications or,waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, duly executed by each of the parties hereto, and attached to the original,
. of this PROJECT AGREEMENT.
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DEP Agreement No. F4263, Page 8 of 9
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IN .WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written below~ .
STATE OF FLORIDA DEPARTMENT CITY OF WINTI;:RSPRINGS
OF ENVIRONMENTAL PROTECTION
By: V.~ /~4,;_,*,cf~
By: ;1'17;1/ A J CJ 'tJ. yt.{c).. tnv1 6,1 J)
Division Director (or Designee) Printed Name:
Division of Recreation and Parks Title:
.... /p-?-03 7- ;;; ~ ~c "3
Contract Execution Date Date
Address: Address:
Bureau of Design and Recreation Services 1126 East State Road 434
Division of Recreation and Parks Winter Springs, Florida 32708
3900 Commonwealth Boulevard A
Mail Station 585
Tallahassee, Florida 32399-3000
/~~R J ~~ Grantee Attorney
OEP Grant Mana~
Approved as' to Form and Legality: '
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
April 9, 2003 for use for one year.
List of attachments/exhibits included as part of this Agreement:
-Specify Letter/ .
Type Number Description (include number of pages)
.Attachment -L Special Audit Reauirements (5 PaQes)
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DEP Agreement No. F4263, Page 9 of 9
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ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreemer;t) to-the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
..'
In addition to reviews of audits conducted in accordance with OMB Circular A-l33 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circullir,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 everit 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~l33, as revised.
1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-l33, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-l33, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-l33,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
.. ~, requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions 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-l33, as revised, the cost of the auditmust
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
optained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs.gov/cfda.
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DEP Agreement No.F41263, Attachment 1, Page 1 of S
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PART D: 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 [mancial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or p~oject-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
'Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In detennining the State financial assistance expended in its flscltl year, the
recipient shall consider all sources of State financial assistance, including State [mancial. assistance
received. from the Department of Environmental Protection, other state agencies, and other nonstate
entities., State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)( d), Florida Statutes, and Chapters 10.550
... (local governmental entities) or ,10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State [mancial 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 suchan 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 htto://www.eog.state.fl.us/ for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website htto://wwwJeg.state.fl.us/. Governor's Website http://www.flgov.com/, Department of Financial
Services' Website htto:/ /www.dbf.state.fl.us/ and the Auditor General's Web site
http://www.state.fl.us/audgen.
PART m: 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 'additfon to
audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency
must arrange for 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,
!1nd required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf oCthe recipient directlv to each of the following:
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DEP Agreement No. F4263, Attachment 1, Page 1 of 5
DEP 55-215 (04/03) --
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A. The Department of Environmental Protection at the following address:
Audit Director,
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), ~t the following address: ..'
Federal Audit Clearinghouse
Bureau of the Census
1201 East lOth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .310 (e) and (t),
OMB Circular A.133, as revised.
-'
2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of EnvironmentalProtection 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 fmancial 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 D~partment of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Flooda. 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 repo~ 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
Offic~ of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. F4263, Attachment 1, Page 3 of 5
DEP 55-215 (04/03) -
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, 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 Enviro~ental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
....
PART V: RECORD RE'lrENTION
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 wr,iting by the Department of Environmental Protection.
~
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DEP Agreement No. F4263, Attachment 1, Page 4 of 5
DEP 55-215 (04/03) -
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EXHIBIT - 1 .
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FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
.
Federal Resources Awarded to the Redpient Pursuant to this A2reement Consist of the FoUowinl!:: ,
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
.
State Resources Awarded to the Redoient Pursuant to this A!!I'eement Consist of the Followine Matchine Resources for Federal PrOl!l'ams:
Federal State
Program Appropriation
Number Federal Agencv CFDA CFDA Title Funding Amount Category
-
State Resources Awarded to the Recipient Pursuant to this Al!l'eement Consist of the FoUowine Resources Sublect to Section 215.97. F.S.:
Catalog of
State'"
State Financial CSF A Title State
Program State Assistance or Appropriation
Number ' Funding Source Fiscal Year Number Funding Source Descriotion Funding Amount Categorv
F4263 Florida Forever 2003-2004 37.017 ' Florida Recreation Development $200,000.00 140002-04
Assistance. PrOgram
I Total Award I -
I For .each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) (http://asoe.os.dhhs.lZov/cfdal and/or the
Florida Catalog of State Financial Assistance (CSFA) Ihtto://sun6.dms.state.fl.us/fsaalcatalog.html. The services/purposes for which the funds are to be used are included in the Contract scope of
services/work Any match required by the recipient is clearly indicated in the Contract. '.
DEP Agreement No. F4263; Attachment 1, Page 5 of 5
DEP 55-215 (04/03)
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