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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-186Temp. Reso # 10810 September 28, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-I e A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FLORIDA DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT FUNDS FOR THE SOUTHGATE LINEAR PARK PHASE 1 B PROJECT IN THE AMOUNT OF $200,000 PROVIDING FOR A MATCH OF $200,000 IN CITY FUNDS AND PRIOR GRANT FUNDING IN THE EVENT OF APPROVAL OF THE APPLICATION; PROVIDING FOR ACCEPTANCE OF THE AWARD AND EXECUTION OF DOCUMENTS UPON APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving its outdoor recreation facilities and environment; and WHEREAS, the Florida Department of Environmental Protection, through the Florida Development Assistance Program (FRDAP), provides grants to local governments to acquire or develop land for public outdoor recreation; and WHEREAS, the City Commission of the City of Tamarac has an on -going program of public participation through the activities of the Tamarac Parks and Recreation Board; and WHEREAS, the Tamarac Parks and Recreation Board recommends the improvements that will be accomplished by the development of this park land; and WHEREAS, the City of Tamarac Adopted FY2006 Five -Year Capital Improvements Schedule specifies the development of the Southgate Linear Park Phase 1 B Project; and Temp. Reso # 10810 September 28, 2005 Page 2 WHEREAS, the City's Strategic Plan, Tamarac 2004: A Strategic Focus for the City of Tamarac specifies the development of Phase 1 B of the linear park area west of Nob Hill Road;and WHEREAS, acceptance of these funds requires the amending of estimated revenues and expenditures within the Southgate Linear Park Capital Improvement Budget; and WHEREAS, the City is willing to match the 2006 Florida Recreation Development Assistance Program grant request of $200,000 with City funds and prior grant funding in the amount of $200,000 in the event of approval; and WHEREAS, the Assistant City Manager and the Interim Director of Parks and Recreation recommend approval; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to submit an application to the Department of Environmental Protection for Florida Recreation Development Assistance Program grant funds for the Southgate Linear Park Phase 1 B Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: The appropriate City Officials are HEREBY authorized to submit the Florida Recreation Development Assistance Program grant application for $200,000 to the Florida Department of Environmental Protection providing for an equal City match of $200,000 in City funds and prior grant funding in the event of approval of the application. A copy of said application is attached hereto as Exhibit A. I Temp. Reso # 10810 September 28, 2005 Page 3 Section 3: Upon approval of the application, the appropriate City officials are HEREBY authorized to accept the award and execute the necessary documents following legal review. Section 4: The appropriate City Officials are HEREBY authorized to amend the existing Southgate Linear Park Capital Improvement Project Budget in the amount of $200,000 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. Section 5: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 6: If any clause, section, or other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or application of this Resolution. Section 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 25 day of SC.n� 1e-rnbr-( , 2005. TTEST: MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4s EL S. GORE INT RIM CITY ATTORNEY JOE SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS AA C C;zpzv c rr FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT APPLICATION PACKET 2006-2007 PART I -- GENERAL INFORMATION Received: Postmarked: Application Number: 1. APPLICANT INFORMATION A. Name of Applicant: B. Federal Employer Identification Number: C. Population: (DEP USE ONLY) D. Current Operating Budget: (This is the operating budget for the city, county or special district, and not just the department budget) E. Contact Person: Title: (The contact person is someone who will be in direct contact with DEP and be responsible for administering this grant if awarded) F. Mailing Address: City/State: Telephone:( ) E-mail: FAX: Zip Code: I hereby certify that the information provided in this application is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. Signature of City or County Manager/Title Date FPS-A033 Page 6 of 30 2. PROJECT INFORMATION A. Name of Project: B. Project Type (Check One): Project cannot be a combination of acquisition and development Acquisition: Development: On land owned by applicant On land currently under site control by applicant Date site control expires: Trail Construction: On land owned by applicant On land currently under site control by applicant Date site control expires: Development projects must be under site control (owned by deed, or leased or dedicated for minimum of 30 years from the date of application) by the close of the submission period (September 15, 2005). • School board property is ineligible either by lease or ownership. • State owned property must include a letter from Department of Environmental Protection's Division of State Lands approving application for development. • Include a copy of the site control documents (e.g., deed, lease, etc.). • If submerged lands are included in the development area, provide a legal document (i.e., permit, management agreement, etc.) which indicates permission to use and develop the land. (Please Tab as Exhibit "N") FPS-A033 Page 7 of 30 C. PROJECT LOCATION: Street Address: city: ,County: Zip Code: 1. Submit a boundary map of the project area providing a description and sketch of the project area boundaries, display known easements and be legally sufficient to identify the project area. Aerial photographs are not accepted as boundary maps. (Please Tab as Exhibit "'K") 2. Submit color, on -site photographs for all three copies of your application, sufficient to depict the physical characteristics of the project area. (Please Tab as Exhibit "Ll') 3. Location map and directions: Submit a detailed road map precisely locating the project site along with clear written driving instructions from the nearest federal or state highway. NOTE: Please confirm that street names listed are the same as those posted on street signs in the area. Please do not use Map Quest or any other computer mapping program for this. (Please Tab as Exhibit "M") D. LEGISLATIVE DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED: This should be the Florida Senate and Florida House district in which the proposed project site is located. If you are not sure of the district, contact your local office of the Supervisor of Elections. (There is only one each.) State Senator: State Representative: Senate District Number: House District Number: E. Describe the physical characteristics of the project. Include land resources, vegetation, fish and wildlife, historical, archaeological resources, water bodies, previous recreational usage and transportation,access as well as otherpertinent information. FPS-A033 Page8 of30 3, FINANCIAL INFORMATION GRANT MATCH RATIOS: (Based on the grant cap of $200,000) Pro'ect Cost State Share Grantee Share $50,000 or less 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% Project Cost = State Share + Grantee Share Please refer to Chapter 62D-5.055(4), F.A.C. for complete information on match requirements and match types. The Total Project Cost (Line F) mush equal the grant request (Line A) plus the total local funds available (Line E). This figure (Line F) should not total more than $400,000 for the purpose of this application. A. FRDAP Funds Requested (State Share) Line A $ B. Local Funds Available: (Grantee Share) 1. Cash: Line B $ 2. In -Kind: Line C $ 3. Land Value: Line D $ If property is developed, land value CANNOT be used as a match. Total Local Funds Available: Line E $ Sum of lines B, C and D C. Total Cost of Proposed Project: Line F $ Sum of Lines A and E FPS-A033 Page 9 of 30 D. PROJECT COST ESTIMATE (COMPLETE ONLY FOR DEVELOPMENT & TRAILS PROJECTS): The project cost estimate break down is on the fallowing page of this application. If land value is used as match, it should be included under primary cost. Primary costs include all recreation facilities and opportunities. Primary cost must be equal to or greater than fifty percent of the total cost. Remember to include each element in your conceptual site plan. Submit a conceptual site plan displaying the areas and facilities to be developed as proposed on page 11 c& 12 of this application. The site plan must correlate with the project boundary map and cost estimate. The site plan must CLEARLY DELINEATE between facilities/opportunities currently existing, facilities proposed for funding (page.11 & 12) in this application and facilities planned for future development Please color code your site plan to indicate facilities that are existing, proposed for funding and planned for future development (not in this project) Also identy different FRDAP phases on the siteplan and also an-y LWCF phases. (Please Tab As Exhibit "G") FPS-A033 Page 10 of 30 PRIMARY RECREATION AREAS AND FACILITIES: Including, but not limited to, beach access, picnic facilities, fishing piers, ballfields, tennis courts, trails, trailheads, etc. No enclosed structures are eligible costs. Costs of planning and site preparation should be included within the cost of each element. If this is a trail project, list the uses or types of trails. uantit Description Estimated Cost N E w R E N O V A T I O N S Total Primary $ FPS-A033 Pate I 1 of 30 SUPPORT FACILITIES AND IMPROVEMENTS: No enclosed structures are eligible except restrooms, bathhouses or restroom/concession stands. Other support examples- are: parking, landscaping, and security lighting. Amenities such as benches, or bike racks will receive no points when being scored. _qEantitL Description Estimated Cost N E W R E N O V A T I O N S Total Support TOTAL COST OF PROPOSED PROJECT S FPS-A033 Page 12 of 30 PART fl— EVALUATION CRITERIA GENERAL CRITERIA 1. CAPITAL IMPROVEMENT PLAN A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3) fiscal years? Pleaseprovide: 1) a letter from the agency's city or county manager certifying the five year capital improvement schedule is officially adopted and date adopted. 2) a copy of the five-year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan, stating project by name, amount and year (County or City budgets are not the same as capital improvement schedules) Please highlight project name, amount andyear. (20 points) Yes No E910100 B. is the proposed project identified as part of the plan through an adopted resolution committing the applicant to amend their capital improvement 'plan or schedule and complete the project should it receive program funds? Please provide: a copy of a fully executed resolution amending the existing schedule to include the proposed project. The resolution must clearly indicate the proposed project by name, amount andyear. (10 points) Yes No (Please tab as Exhibit "A") 2. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN A. Fxplain how the proposed project would address one or more of the issues or goals identified in the State Comprehensive Outdoor Recreation Plan. Use the OUTDOOR RECREATION IN FLORIDA- 2000 (Chapter 6). Provide quotations or other appropriate references with explanations tojustify the correlation. (Please tab as Exhibit "B") (4 points) FPS-A033 Page 13 of 30 -�4 J, IV B. 2005 BELA TIVE NEED INDEX BYREGION Locate the applicant's region and circle each priority Y Vi resource/facility need as proposed in the project cost on page 10 of this application which is. included in the applicant's planning region: (7 points) I Bicycle Riding * Hiking * Nature Study Outdoor Swimming Pool Use * Shuffleboard 11 Bicycle Riding III Saltwater Beach Activities * Saltwater Fishing (No Boat) -.J IV Bicycle Riding Saltwater Fishing (No Boat) Freshwater BeaA Activities xi V Freshwater Beach Activities * Saltwater Beach Activities * Bicycle Ridin VI Saltwater Beach Activities * Bicycle Riding Saltwater Fishing (No Boat) * Hiking * Outdoor Swimming Pool Use-. VII Bicycle Riding * Freshwater Fishing (No Boat) VIII Saltwater Beach Activities * Bicycle Riding * Hiking Outdoor Swimming Pool Use * Golfing IX Bicycle Riding Saltwater Beach Activities * Nature Study * Hiking Tent Camping Outdoor Swimming Pool Use * Shuffleboard * Golfing x Saltwater Beach Activities * Bicycle Riding * Freshwater Fishing (No Boat) Hiking * Outdoor Swimming Pool Use XI . Saltwater Beach Activities * Bicycle Riding * Freshwater Beach Activities Freshwater Fishing (No Boat) * Hiking * Tent Camping * Outdoor Swimming Pool Use FPS-A033 Page 14 of 30 3. PUBLIC PARTICIPATION Indicate which of the following apply (Check ALL that apply): , (To receive points for this section any meetings, presentations, or surveys must be held in the current year or within the previous 3 years of application. Also each of the three meetings must be held separately to receive each set of points.) A. Proposed project. Attach a copy of ad and proof ofpublication for the advertisement. Advertisement needs to state where and when advertised. If submitting 2 applications, must hold separate meeting for each project (unless they are phased projects of the sainepark). (Please tab as Exhibit"C-1") (10 points) B, The project was discussed at a iggglarly scheduled meeting of the applicant's advisory board responsible for park, recreation and leisure service activities. Provide a co o the minutes of the advisory board meeting(s) where this project was discussed. py f The board must be an appointed group of citizens, such as a parks and recreation advisory board, who would normally review projects similar to the proposed grant application. Planning and zoning or similar boards may be used if a parks and recreation advisory board does not exist. CITY OR COUNTY COMMISSIONS ARE NOT CONSIDERED ADVISORY BOARDS. (Please tab as Exhibit "C-2") (7 points) -C. Public input on the proposed project was obtained through presentations to community organizations, neighborhood associations and/or a written opinion survey. Provide documentation inutes of meeting project discussed at with date or thank -you letter from an organization, association, etc) showing that presentations regarding this project were made to community organizations or groups OR provide a cQpv of the survey and summar q the results. Letters ofsypvort are not accgptable to receive points. y f (Please tab as Exhibit 11C-3") (4 points) FPS-A033 Page 15 of 30 4. OPERATION AND MAINTENANCE , Capability to develop, operate and maintain the project site: (Please check ONLY one): Provide a "ii position descr�qdon of how development, programming and maintenance will be provided and a copy of an-ggency oManj zational chart. The applicant has a full-time recreation or park department staffed to provide facility development, programming and maintenance. (Please tab as Exhibit "W) (6 points) The applicant has demonstrated the existence of a ftill-time ability to provide facility development, programming and maintenance. (Please tab as Exhibit "W) (4 points) The applicant has other means of providing facility development, programming and maintenance. (Please tab as Exhibit 64D'9) (2 points) 5. PARK PARTNERSHIP The proposed project is supported through a fully executed written cooperative agreement between the applicant and a private or public entity in which said entity agrees to furnish 10% or more of the total project costs in cash, land, or labor services for the development/construction of this project with the applicant holding the leading management responsibility. The written agreement must be executed by the end of the submission period and quantify the donation in monetary units. (A management or maintenance agreement is not acceptable.) Yes No (Please tab as Exhibit "Ell) (3 points) 6. TRAIL CONNECTIVITY The project provides for increased trail access by (a) connecting an existing, publicly owned and designated recreational trail with a project trail outside the project boundary; or (b) connecting two publicly designated trails outside of any . park. Please indicate new project trail and where it connects to the existing trail(s) on the project site plan. Yes No (Please tab as Exhibit "'G") (5 points) FPS-A033 Page 16 of 30 DEVELOPMENT CRITERIA (COMPLETE ONLY FOR DEVELOPMENT PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such a baseball fields, basketball courts, trails, boat ramps, etc. (Bullet lists are encouraged If undeveloped, state None.) The site plan must clearly delineate between facilitieslopportunities currently existing, facilities proposed for fiinding in this application and facilities planned for future development. Please identify different (unding phases Lrom the existing Lacilities. (Please tab as Exhibit "G") (5 points, if undeveloped) 2. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA A) List the facilities which are addressed on page 11 & 12 of this application which are identified in the priority ranked index clusters of outdoor facilities needs for renovation and/or new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida" effective December 1995. §ee attached p gg 24-28 for Priority Ranked Index Clusters. A project facility not listed in the priority ranked indexes will receive a score of a similar facility included in the indexes, as determined by the Department staff) (If developing trails, must have separate trails to receive separate points.) (Maximum 30 points) FPS-A033 Page 17 of 30 B) Does the proposed project, in whole or in part, address the highest, priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATIONAND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority ficnding need ranking the project falls. (Check ONLY one): Highest Priority Funding Need (13 points) Second Highest Priority Funding Need (S points) Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida FPS -A033 Page 18 of 30 ACQUISITION CRITERIA (COMPLETE ONLYFOR ACQUISITION PROJECTS) 1. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA List all the facilities that will be developed for this project. Only facilities identified in the top three priority ranked index clusters of outdoor facilities needs for new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida", effective December 1995, will receive these points. (Priority ranked index clusters are attached as pages 24-28) (15 points) 2. NEEDED RECREATIONAL ACREAGE Describe how the project provides for identified need(s) for additional park acreage pursuant to the applicant's adopted local comprehensive plan. Provide the following: A. Needed acres/Person and Total Acreage Under Local Control B. Provide excerpts of the applicant's local comprehensive plan as supporting back-up documentation and highlight the information that pertains to this section. (Please tab as Exhibit "F") (15 points) FPS-A033 Page 19 of 30 3. CAPITAL IMPROVEMENT PLAN A) Is the proposed development of the property identified in the applicant's capital improvement plan (CIP) or schedule during the current or next three (3) fiscal years? Please provide: 1). a letter from the agency's city or county manager certifying the fave year capital improvement schedule is officially adopted. 2). a copy of the five year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan, stating project by name, amount and year (County or City budgets are not the same as capital improvement schedules) Please highlight project name, amount and year. (6 points) Yes No •• B) Is the proposed development of the property included as part of the plan through an adopted resolution committing the applicant to amend their CIP and develop the property should it receive program funds? Please provide: a copy of a fully executed resolution amending the existing schedule to include the development of the proposed project. The resolution must clearly indicate the development of the proposed project by name, year and amount. Yes No (3 points) (Please tab as Exhibit "A") FPS-A033 Page 20 of 30 TRAIL CONSTRUCTION CRITERIA (COMPLETE ONLY FOR CONSTRUCTION OF TRAIL PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such as trails, trailheads, baldfelds, basketball courts, etc. (Bullet lists are encouraged. If undeveloped, state None.) The site plan must clearly delineate between facilities/opportunities currently existing, facilities proposed for funding in this application and facilities planned for future development. Please identify different fttndingphases from the existyn acilities._ (Please tab as Exhibit "G") (5 points, if undeveloped) 2. STATE GREENWAYS AND TRAILS PLAN Explain how the proposed project would address one or more issues or goals as identified in the State's Greenways and Trails Plan. Use "Connecting Florida's Communities with Greenways and Trails — September 1998". Provide quotations or other appropriate references to justify the correlation. Use a separate sheet if necessary. (Please tab as Exhibit "H") (6 points) FPS-A033 Page 21 of 30 3. STATE OF FLORIDA DESIGNATED RECREATIONAL GREENWAY OR TRAIL The project is located on or connects with a State of Florida designated greenway or trail, Please provide a map and documentation (letter from Office of Greenways and Trails) indicating connectivity. Designation Agreements must be fully executed by the end of submission period. Yes No (Please tab as Exhibit "I") (3 paints) 4. REGIONAL OR LOCAL GREENWAYS AND TRAILS PLAN Explain how the proposed project would implement a Greenway and Trail Plan adopted by either a regional or local governmental entity. Provide quotations or appropriate references with explanations to justify correlation. Enclose a copy of the regional or local governmental adopted Green way Plan. (Please tab as Exhibit "J") (4 points) FPS-A033 Page 22 of 30 5. MIXED USE OR SINGLE USE TRAILS Does the specific trail design demonstrate that the project. will support: Mixed use recreational trail opportunities, either motorized or non -motorized, or both? Yes No (8 points) ------- OR ------- Single use recreational trail opportunities? Yes No (6 points) 6. INFRASTRUCTURE ASSESMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority funding need ranking the project falls. (Check ONLY one): Highest Priority Funding Need (13 points) Second Highest Priority Funding Need ($ points) Source: The 1995 infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida FPS-A033 Page 23 of 30 Outdoor Facility Needs Ranked by Priority Index: Population Density 4 Rank Renovation Construction ...,..._,..,_, .. Facility Points Facility _ _,... Points _,,. 1 Playgrounds_ 6 Soccer )~fields _Playgrounds"4 6 Cluster I 2 Rest Rooms 5 _...._ _.... 5 _.._._ 3 Support Facilities 5 Picnic Facilities 5 Cluster II 4 Tennis Courts 5 Baseball Fields 5 5 Soccer Fields 5 Support Facilities 5 6 Baseball Fields 5 Swimming Pools 5 7 Swimming Pools 4 —Softball Fields --_ 4 .._ 8 Exercise Trails 4 Basketball Courts 4 Cluster III 9 Softball Fields 4 Rest Rooms 4 10 Basketball Courts 4 Other 4 11 Handball Courts 3 Exercise Trails 3 ' Cluster IV 12 Picnic Facilities 3 Golf Courses 3 13 Boating Facilities 2 Tennis Courts 2 14 Beach Access 2 Boating Facilities 2 15 Fishing Piers 2 Fishing Piers 2 16 Shuffleboard Courts 2 Football Fields 2 17 Football Fields 2 Handball Courts 2 18 Golf Courses 2 Bike Trails 2 Cluster V 19 Nature Trails 2 Nature Trails 2 20 Other 2 Hiking Trails 2 21 Bike Trails 2 Horse Trails 2 22 Camping 2 Beach Access 2 23 Hiking Trails_ 2 Camping 2 24 Historical Facilities 1 Historical Facilities 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density 4 - Population From 50,000 to 99,999 FPS-A033 Page 27 of 30 CONTACT FOR ADDITIONAL INFORMATION: l.W� ,✓u:t f Iyai.,g Me'2 'idre."Y y'R .p"x;.'l. U'/FF -f R`.t>i. i.FO)rw^`. A. FRDAP Application Information & Help 8501245-2501 205-2501 B. Statewide Comprehensive Outdoor 8501245-3051 205-3051 Recreation Plan (SCORP) C. Bureau of Appraisal 8501245-2658 205-2658 D. Recreational Americans with Disabilities 8501488-5090 278-5090 Act (ADA) Information E. Office of Greenways & Trails 8501245-2052 205-2052 F. Florida Statewide Greenways & Trails Plan 8501245-2052 205-2052 FPS-A033 Page 29 of 30 Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 September 11, 2006 Mr. Michael Gresek Special Grants Coordinator City of Tamarac 7525 Northwest 88th Avenue Tamarac, FL 33321 Re: Southgate Linear Park, Ph. 1B FRDAP Project No. F07158 Dear Mr. Gresek: Colleen M. Castille Secretary FT I Attached is your fully executed project agreement. Please return this copy to its place in the file folder we previously sent to you. This will help you comply with the administrative requirements of this grant. We also would like to remind you of the following: Construction or acquisition can not begin until all commencement documentation has been received and approved by this office as identified in the original letter. 2. For development projects, the Department shall retain not less then 10% of the grant award until the Grantee completes the project and staff completes an on -site inspection. 3. Quarterly status reports are required (due dates: January 5, May 5, and September 5). Please summarize work accomplished and any problems encountered. 4. The project should be completed by the completion date set forth in the grant agreement and all reimbursement requests and closeout documents must submitted within thirty days after completion. Please be aware that local governments need to complete projects within the three-year timeframe, otherwise the grant funds may not be available. "More Protection, Less Process" Printed on recycled paper. Mr. Michael Gresek Page 2 September 11, 2006 If you have any questions, please contact our office at (850) 245-2501 / SUNCOM 205-2501. We look forward to working with you on this valuable project. Sincerely, Rita Ventry Community Assistant Consultant Office of Information and Recreation Services Division of Recreation and Parks Mail Station #585 RFV/eb Attachment DEP Agreement No. F7158 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2006-07) — Development This Agreement is made and entered into this day of �?Ae-'VmjLv-' U 2006, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF TAMARAC, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1 This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes; and chapter 62D-5, Part V, Florida Administrative Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, 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 apply to this PROJECT AGREEMENT. 2- The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Southgate Linear Park, Ph. IB (Florida Recreation Development Assistance Program, FRDAP Project Number F07158), 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/Gommenoement Documentation Form, DEP Form FPS-A034. 3. All forms hereinafter referenced may be found at www.dep.state.fl.LIS/Parks/oirs. Further, the GRANTEE will also DEP Agreement No. F7168, Page I of 10 DEP 55-231 (01/06) receive all applicable forms for administration of project with GRANTEE's copy of fully executed PROJECT AGREEMENT. 4. 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: Picnic facilities, multi-purposed/bike-exercise trail, pavilion/restroom, parking, landscaping and other related support facilities. 5. 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 GRANTEE Match- $200,000.00 Type of Match: Cash/In-Kind and/or Land Value 50% 50% 6. 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 final request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-AO36, referenced in s. 62D- 5.058(6)(g), the DEPARTMENT will approve the request for payment. 7. In addition to the invoicing requirements contained in the paragraph above, the Department will periodically request proof of a transaction (such as invoice, payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State 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). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at htW://www.dbf.state.fl.us/aadir/reference guide. 8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, 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 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 DEP Agreement No. F7158, Page 2 of 10 DEP 55-231 (01/06) 0 GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP funds disbursed for 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. 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. 10. It is understood by the GRANTEE 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 amount deemed appropriate by the DEPARTMENT. 11. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this Agreement is not a commitment of future appropriations. 12. 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. 13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 14. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. 15. The GRANTEE shall obtain all required local, state and federal permits and approvals prior to completion of the project construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE. DEP Agreement No. F7158, Page 3 of 10 DEP 55-231 (01/06) 16. This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before L��# .2_,,,5 (hereinafter referred to as the PROJECT completion ' date), at' which time all payment requests and completion documentation will be due to the DEPARTMENT. The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 301h each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward, the GRANTEE will not be eligible for reimbursement after the Governor's Office denies the certification fo rwa rd - 17. Project completion means the project is open and available for use by the public. Project must be designated complete prior to release of final reimbursement. See Rule 62D-5.054(41). 18. 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 retention period. 19. 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) 245-2501 to request a copy of the updated information. 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE's 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 the final reimbursement due the DEPARTMENT. 21. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other DEP Agreement No. F7158, Page 4 of 10 DEP 55-231 (01/06) appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT. 22. To the extent required by law, the GRANTEE will be self -insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 23. The purchase of non -expendable equipment is not authorized under the terms of this Agreement. 24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant Manager 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 25, 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 th th th PROJECT status reports every January 5 , May 5 , and September 5 of each year 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. 25. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by United States Postal Service to the parties at the following addresses: — GRANTEE's Grant Manager Mr. Michael Gresek Special Grants Coordinator 7525 Northwest 88th Avenue Tamarac, FL 33321 DEPARTMENT's Grant Manacier Rita Ventry Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 26. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, DEP Agreement No. F7158, Page 5 of 10 DEP 55-231 (01/06) 0 0 to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 27. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 28. This PROJECT 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 PROJECT AGREEMENT unless the records are exempt under Section 24(a) of Article I of the State Constitution and Section 119.07(l), Florida Statutes. 29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for noncompliance 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 and continues to accrue until the date the refund and interest are paid to the DEPARTMENT. 30. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 31. The GRANTEE may subcontract work under this Agreement without the prior written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 32. 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(l) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications DEP Agreement No. F7158, Page 6 of 10 DEP 55-231 (01/06) must be recorded in the county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 33. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 29. 34. 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. 35. If the DEPARTMENT determines that site control is not sufficient under the RULE, or has been compromised, 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 terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 29, if appropriate. 36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 37. 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 which may be found at hfti2://dms.m)dlorida.com/dms/purchasinci/convicted suspended discriminato[y complaints vendor lists. Questions regarding the DEP Agreement No. F7158, Page 7 of 10 DEP 55-231 (01/06) 0 0 discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 38. 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. 39. 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 unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts issued as a result of this Agreement. 40. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 41. 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. 42. 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. 43. 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. 44. 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. DEP Agreement No. F7158, Page 8 of 10 DEP 55-231 (01/06) n L-.A 45. 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, in the form of an Amendment 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. F7158, Page 9 of 10 DEP 55-231 (01/06) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written above. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: v Division Di or ( ee) Division of creation 40 Parks Date Address: Office of Information and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DEP Grant Manager Approved as to Form and Legality: This form has been pre -approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on January 25, 2006 for use for one year. CITY OF TAMARAC B Prin d Name: /mac,t.r,..,k C' Title: 'aA(-06 Date Address: 7525 Northwest 88th Avenue Tamarac, FL 33321 Gr ntee Attorney List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment 1 Special Audit Requirements (5 Pages) DEP Agreement No. F7158, Page 10 of 10 DEP 55-231 (01/06) 0 ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environinental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contractlagreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contractlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient fiuther agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART 1: 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. In the event that the recipient expends $500,000 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-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. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 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 $500,000 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). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245,173/cfdaJcfda.htrnl. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F7158, Attachment 1, Page I of 5 DEP 55-215 (09/04) 0 0 PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 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 ($500,000 for fiscal years ending on or after September 30, 2004), 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 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. If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30, 2004), 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 ($500,000 for fiscal years ending on or after September 30, 2004) 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://state.fl.us/fsaa/catalog or the Governor's Office of Policy and Budget website located at ht(p,//www. t myaorida.conkmyflorida/govemment/contacts/opbOffice.htmI for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website hthx// lep Governor's Website http://www.mvflorida.com/, Department of Financial ,.state.fl.us/I Services' Website hU://www.dbf.state.fl.us/ and the Auditor General's Website hU://www.state.fl.us/audgen. PART 111; 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 arrangefor audits ofStatefinancial 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 arrangeforfunding thefull cost ofsuch additional audits) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133,,as revised, by or on behalf of the recipient directl to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7158, Attachment 1, Page 2 of 5 DEP 55-215 (09/04) 0 0 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Off -ice 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)(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-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 Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directl to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40 1, Claude Pepper Building I I I 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 directl to the Department of Envirom-nental 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. F7158, Attachment 1, Page 3 of 5 DEP 55-215 (09/04) 0 0 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. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7158, Attachment 1, Page 4 of 5 DEP 55-215 (09/04) 0 • 0 � o �U d A O yA A w E-+ w U GL 61 0 e a U L d � d � w y QO z a _ a Ri N o rr � N w d _ a b an a� w a z w c� •o + a y d i. Q w a 7�d w v O O C a ° V � cl � Q � .p U Giy v rr 0 rr 0 U d Q _ _ a O U a d 6> w a u � a z 0 a n 0 jel o�?a 4' O O O O U "d Q N Sri N O uO r u w � O CA A a� w O U F o L w o U co 0 a a 5 x � � O � wd x rr O cH y •� bQ •U � ,S� Q dUrnwd E d � � O rsr cl U D p wrq o a rr O r U ri � a v a Q ct tb it Y o:z w W'