HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-007Temp. Reso. 12898
January 25, 2017
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2017 - 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA ACCEPTING A GRANT AWARD IN
THE AMOUNT OF $50,000 FROM THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE A PROJECT AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION AND THE CITY OF TAMARAC FOR GRANT
FUNDING IN THE AMOUNT OF $50,000 FOR THE
DEVELOPMENT OF WATERS EDGE PARK; PROVIDING FOR
ACCEPTANCE OF THE AWARD AND EXECUTION OF
DOCUMENTS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide
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 (FDEP), through
the Florida Recreation Development Assistance Program (FRDAP), provides grants to
local governments to develop land for public outdoor recreation; and
WHEREAS, the City of Tamarac was awarded a FRDAP grant for the
development of Waters Edge Park as indicated in the December 21, 2016
correspondence from FDEP attached hereto as Exhibit A which is incorporated herein
by this reference; and
WHEREAS, the City provided for this development in the FY2017 Adopted
Capital Improvement Budget under the Waters Edge Park project; and
Temp. Reso. 12898
January 25, 2017
Page 2
WHEREAS, the Director of Financial Services and the Director of Parks and
Recreation recommend acceptance of these grant funds and execution of the project
agreement between FDEP and the City of Tamarac for development of Waters Edge
Park in the amount of $50,000, and is attached hereto as Exhibit B which is
incorporated herein by this reference; 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 accept FRDAP grant
funding and to execute the FRDAP grant agreement in the amount of $50,000 for the
development of Waters Edge Park.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
Resolution. All exhibits attached hereto and referenced herein are expressly
incorporated and made a specific part of this Resolution.
Section 2: The City Commission of the City of Tamarac HEREBY accepts the
$50,000 grant award from the Florida Department of Environmental Protection (FDEP)
for the development of Waters Edge Park.
Section 3: The appropriate City Officials are HEREBY authorized to execute the
State of Florida FDEP grant agreement and necessary documents between the City of
Tamarac and FDEP for grant funding in the amount of $50,000 for the development of
Waters Edge Park.
Temp. Reso. 12898
January 25, 2017
Page 3
Section 4: All Resolutions in conflict herewith are HEREBY repealed to the
extent of such conflict.
Section 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this day of -r 2017.
HARR( bRff S LER
MAYOR
ATTEST:
P RI IA TEUFEL, MC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
G !'
DIST 1:
COMM. BOLTON
DIST 2:
COMM. GOMEZ
DIST 3:
COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
�. r
)j A L S. G REN
CITY ATTORNEY
�EX A
Michael Gresek
From: Bright, Angie <Angie.Bright@dep.state.fl.us>
Sent: Wednesday, December 21, 2016 1:54 PM
To: Michael Gresek
Subject: A17048 - FRDAP GRANT AGREEMENT - TAMARAC - Waters Edge Park
Attachments: A7048-Agreement - Tamarac - Waters Edge Park. -Legal Apprvd:12.20.2016.pdf
Importance: High
Please find attached an original Grant Agreement for your internal review. If you find this document to be in order,
please:
1. Print two (2) original agreements — color and single sided;
2. Sign and Date both copies as appropriate;
3. Return — both copies — to the address listed below via U.S. Postal Mail or Federal Express Mail As Soon As
Possible or no later (30) thirty days from this email notice.
4. Once signed by the Department, an executed original will be returned to you for your records.
SEND TO:
Florida Department of Environmental Protection
Office of Operations
Land and Recreation Grants Section
Attn: Angie Bright
3900 Commonwealth Boulevard, MS #585
Tallahassee, FL 32399-3000
Lastly, visit our webpage at www.dei2.state.fl.us/12arks/OIRS, Florida Recreation Development Assistance Program
(FRDAP), Administrative Forms. Click on the Commencement Checklist heading to view all applicable forms
required to proceed with development of the project. Project construction cannot begin without DEP
approval of submitted information As these documents are received and approved by this office, authorization
to commence project construction will be issued. Should you have any questions or wish to discuss any changes,
please contact our office immediately.
Angela Bright
Community Assistance Consultant - FCCM
Office of Operations - Land & Recreation Grants Section
Florida Recreation Development Assistance Program (FRDAP)
Land & Water Conservation Fund Program (LWCF)
Angie BrightCcbdep state fl us
Office: 850.245.2501
For more information on our grant programs, visit our website at
http://den.state.fl.us/lands/Land and Recreation/Land Recreation htm
DEP AGREEMENT NO. A7048
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1698A OF THE FY2016-2017 GENERAL APPROPRIATIONS ACT
FOR DEVELOPMENT OF LAND FOR PUBLIC RECREATION PURPOSES
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the
CITY OF TAMARAC, whose address is 7525 NW 88th Avenue, Tamarac, Florida 33321 (hereinafter referred to as
"Grantee"), a local governmental entity, to provide financial assistance in furtherance of an approved public outdoor
recreation project known as Waters Edge Park, Project Number A17048 (hereinafter referred to as the "Project").
Collectively, the Department and the Grantee may be referred to as "Parties" or individually as a "Party". For purposes
of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably.
WHEREAS, the Department is authorized to administer the Florida Recreation Development Assistance
Program (FRDAP), in accordance with Section 375.075, F.S.; and,
WHEREAS, pursuant to Subsection 62D-5.055(5), Florida Administrative Code (F.A.C), this Project, as it
appears on the Recommended Application Priority List for Fiscal Year (FY) 2016-17, was approved by the
Secretary of the Department, submitted to the Executive Office of the Governor and to the Florida House and Senate
Appropriations Committee for funding consideration, and was awarded FRDAP funds for the development of land
for public outdoor recreation purposes; and,
WHEREAS, the Grantee, as a recipient of the FRDAP grant funds, administered and monitored by the
Department, is responsible for complying with all federal and state laws and local rules and regulations during
performance of its activities pursuant to this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein and pursuant to Section
375.075, F.S., and Chapter 6213-5, F.A.C., the Parties hereto agree as follows:
TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, additionally described in Attachment A, Project Work Plan, including all attachments,
guidelines, forms, and exhibits named herein, which are attached hereto and/or incorporated by reference.
The Grantee acknowledges that receipt of this Grant does not imply nor guarantee that a federal, state or local
permit will be issued for a particular activity to complete the Project. Further, the Grantee agrees to ensure
that all necessary permits are obtained prior to implementation of any Project Work Plan activity that may
fall under applicable federal, state or local laws.
Administrative Forms, Reimbursement Forms and guidelines referenced in this Agreement may be found at
http://dep.state.fl.us/lands/Land and Recreation/Land Recreation htm or by contacting the Department's
Grant Manager.
The Project site(s) shall be open at reasonable times and shall be managed in a safe and attractive manner.
This Agreement is not transferable.
Prior to commencement of Project, the Grantee shall submit to the Department for approval all documentation
and completion of responsibilities listed on Attachment B, Commencement Documentation Checklist,
DRP-107, attached hereto and made a part hereof. Upon satisfactory approval by the Department, the
Department will issue written "Notice to Commence" to the Grantee. Unless and until the Department issues
DEP Agreement No.: A7048, Page 1 of 16
FRDAP FY16-17
the "Notice to Commence" authorizing Grantee to commence the Project, the Department shall not be
obligated to pay or reimburse Grantee for fees, costs, or general expenses of any kind, which were incurred
prior to the "Notice to Commence", except for eligible Pre -Agreement Expenses as more fully described in
Subsection 62D-5.054(34), F.A.C.
2. PERIOD OF AGREEMENT:
This Agreement shall be effective upon execution by both Parties and remain in effect for a period of three
(3) years from the date of the State of Florida's ("State") fiscal year in which funds are appropriated, July 1,
2016, until midnight on June 30, 2019, inclusive. If Project is not completed by midnight on June 30, 2019,
then this Agreement shall be terminated and the Project funds shall revert to the revenue fund from which
they were appropriated (paragraph 62D-5.058(7)(a), F.A.C.). The Grantee shall be entitled to reimbursement
of eligible Pre -Agreement Expenses for expenses incurred on or after July 1, 2016, until the effective date of
full execution of this Agreement.
3. FUNDING/CONSIDERATION/INVOICING:
The Grantee shall be eligible for authorized reimbursement, in whole or in part, for costs pursuant to FRDAP
guidelines regarding Department -approved Pre -Agreement Expenses and, if applicable, costs associated with
Retroactive Projects, through the Project completion date of this Agreement, provided that the cost(s) meet
all requirements and financial reporting of the FRDAP program and, rules and regulations applicable to
expenditures of state funds, hereby adopted and incorporated by reference.
A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms
of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a
maximum of $50,000.00. The Parties acknowledge and agree that this Agreement does not require
a match on the part of the Grantee. It is understood that any additional funds necessary for the
completion of this Project are the responsibility of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
i. A Change Order to this Agreement may be used when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
between approved budget categories, as defined in Paragraph 3.E., are less than ten percent
(10%) of the total budget as last approved by the Department. All Change Orders are
subject to the mutual agreement of both Parties as evidenced in writing.
ii. A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount; a change in the
Grantee's match requirements; a change in the expiration date of the Agreement; and/or,
changes to the cumulative amount of funding transfers between approved budget
categories, as defined in Paragraph 3.E., exceeds or is expected to exceed ten percent (10%)
of the total budget as last approved by the Department. All Amendments are subject to the
mutual agreement of both Parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project Costs upon
the completion, submittal and approval of each Deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment C,
Payment Request Summary Form, DRP-115. To be eligible for reimbursement, costs must be in
compliance with laws, rules and regulations applicable to expenditures of State funds, including,
but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: http://www.myfloridacfo.com/aadir/reference wide/. All invoices for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof A final payment request should be submitted to the Department within sixty (60)
DEP Agreement No.: A7048, Page 2 of 16
FRDAP FY16-17
calendar days following the completion date of the Agreement, to assure the availability of funds
for payment.
D. Project Costs, Pre -Agreement Expenses and Cost Limits:
Project Costs shall be reimbursed as provided for pursuant to paragraph 62D-5.058(2)(a),
F.A.C., and as provided herein. Project Costs, except for Pre -Agreement Expenses, shall
be incurred between the effective date of the Agreement, and the Project completion date
as set forth in the Project Completion Certification determined and identified herein. Costs
for appraisals, appraisal review, surveys (boundary and topographic), title searches and
Project signs are eligible Project Costs. If the total cost of the Project exceeds the grant
amount and the required match (if applicable), Grantee must pay the excess cost.
Pre -Agreement Expenses, pursuant to Subsection 62D-5.054(34), F.A.C., means expenses
incurred by a Grantee for accomplishment of an eligible FRDAP project prior to full
execution of a project agreement. Parties hereby acknowledge and agree, Grantee is
entitled to submit for cost -reimbursement eligible Pre -Agreement Expenses, which are
expenses Grantee incurred for the accomplishment of the Project prior to full execution of
this Agreement.
iii. Cost Limits, pursuant to paragraph 62D-5.058(2)(b), F.A.C., allows for Project planning
expenses, such as application preparation, architectural and engineering fees, permitting
fees, Project inspection, and other similar fees, as eligible Project Costs provided that such
costs do not exceed fifteen percent (15%) of the Project cost.
E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment D, Contract Payment Requirements. The Payment Request Summary Form,
Attachment C, shall be accompanied by supporting documentation and other requirements as
follows for each deliverable. Reimbursement shall be limited to the following budget categories:
Salaries/Wages (Grantee Labor) — The Grantee may be reimbursed for direct salaries or
multipliers (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
for Grantee's employees, as listed on the Grantee's approved Cost Analysis to be submitted
pursuant to Attachment A, Project Work Plan, Task 1.
ii. Overhead/Indirect/General and Administrative Costs — All multipliers used (i.e., fringe
benefits, overhead, indirect, and/or general and administrative rates) shall be supported by
audit. If the Department determines that multipliers charged by the Grantee exceeded the
rates supported by audit, the Grantee shall be required to reimburse such funds to the
Department within thirty (30) calendar days of written notification. Interest on the
excessive charges shall be calculated based on the prevailing rate used by the State Board
of Administration.
a. Fringe Benefits (Employee Benefits) — Shall be calculated at the rate up to 40%
of direct salaries.
b. Indirect Cost — Shall be calculated at the rate of 15% of direct cost
iii. Contractual Services (Subcontractors) — Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup documentation
identical to that required from the Grantee. Subcontracts which involve payments for direct
salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent
on the Project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general
and administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
DEP Agreement No.: A7048, Page 3 of 16
FRDAP FY16-17
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. Nonexpendable
and/or nonconsumable personal property or equipment costing $1,000 or more purchased
for the purposes of completing the Project under a subcontract is subject to the
requirements set forth in Chapters 273 and/or 274, F.S., and Chapters 69I-72, F.A.C.,
and/or 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining
appropriate property records for any subcontracts that include the purchase of equipment
as part of the delivery of services. The Grantee shall comply with this requirement and
ensure its subcontracts issued under this Agreement, if any, impose this requirement, in
writing, on its subcontractors.
For fixed -price (vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed -price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed -price subcontracted activities shall
be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (i.e., Invitation to Bid or
Request for Proposals) resulting in the fixed -price subcontract.
b. The Grantee may request approval from the Department to award a fixed -price
subcontract resulting from procurement methods other than those identified
herein. In this instance, the Grantee shall request the advance written approval
from the Department's Grant Manager of the fixed price negotiated by the
Grantee. The letter of request shall be supported by a detailed budget and Scope
of Services to be performed by the subcontractor. Upon receipt of the Department
Grant Manager's approval of the fixed -price amount, the Grantee may proceed in
finalizing the fixed -price subcontract.
C. All subcontracts are subject to the provisions of Paragraph 13 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
iv. Rental/Lease of Equipment — Reimbursement requests for the rental/lease of equipment
must include copies of invoices or receipts to document charges.
V. Equipment — (Capital outlay costing $1,000 or more) — Reimbursement for the Grantee's
direct purchase of equipment is governed by Paragraph 23 of this Agreement.
vi. Miscellaneous/Other Expenses — Direct purchases, for example materials, supplies,
Grantee stock, non -excluded phone expenses, reproduction, mailing, and other expenses
must be documented by itemizing and including copies of receipts or invoices.
Additionally, independent of the Grantee's contract obligations to its subcontractor, the
Department shall not reimburse any of the following types of charges: cell phone usage,
attorney's fees, civil or administrative penalties, or handling fees, such as set percent
overages associated with purchasing supplies or equipment.
F. In addition to the invoicing requirements contained herein, the Department will periodically request
proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the
Agreement pursuant to State guidelines (including cost allocation guidelines), as appropriate. This
information, when requested, must be provided within thirty (30) calendar days of such request.
The Grantee may also be required to submit a cost allocation plan to the Department in support of
its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial Services' Reference
Guide for State Expenditures at http•//www.myfloridacfo.com/aadir/reference guide/.
DEP Agreement No.: A7048, Page 4 of 16
FRDAP FY16-17
G. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program -by -program or a
project -by -project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or subrecipient's, accounting
system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a
system to provide adequate fund accountability for each project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall have
the right to demand a refund, either in whole or in part, of the funds provided to the Grantee
under this Agreement for non-compliance with the material terms of this Agreement. The
Grantee, upon such written notification from the Department shall refund, and shall
forthwith pay to the Department, the amount of money demanded by the Department.
Interest on any refund shall be calculated based on the prevailing rate used by the State
Board of Administration. Interest shall be calculated from the date(s) the original
payment(s) is received from the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed
by the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund shall
be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to
the date repayment is made to the Department by the Grantee.
4. ANNUAL APPROPRIATION:
The Department's performance and obligation to award program grants are contingent upon an annual
allocation from the Recommended Application Priority List and/or appropriation by the Florida Legislature.
The Department shall distribute FRDAP funds as reimbursement grants to applicants eligible pursuant to
Rule 62D-5.055, F.A.C. The Parties hereto understand that this Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and payment associated therewith
may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are
reduced or eliminated.
5. REPORTS:
The Grantee shall utilize Attachment E, Project Status Report Form, DRP-109, to describe the work
performed during the reporting period, problems encountered, problem resolutions, schedule updates and
proposed work for the next reporting period. The Project Status Reports shall be submitted to the
Department's Grant Manager no later than May 5, September 5 and January 5. The Department's Grant
Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the
Grantee.
6. RETAINAGE:
The Department shall retain ten percent (10%) of the grant until the Project has been completed and approved
by the Department. Upon completion of the Project and prior to the release of the final payment the Grantee
shall submit all documents described in Attachment F, Completion Documentation Checklist, DRP-111,
to the Department and the Department shall approve the completion of such documentation, pursuant to
FRDAP requirements and additionally set forth in paragraph 62D-5.058(7)(d), F.A.C., in order for the
Grantee to receive the retained ten percent (10%).
The Department may perform an on -site inspection of the Project site to ensure compliance with the Project
Agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior
to disbursement of final payment.
DEP Agreement No.: A7048, Page 5 of 16
FRDAP FY16-17
PROJECT COMPLETION CERTIFICATION:
Project completion means the Project is open and available for use by the public. In order to certify
completion, the Grantee shall submit to the Department Attachment G, Project Completion Certification,
DRP-112. The Project must be designated complete prior to release of final reimbursement.
8. INDEMNIFICATION:
Each Party hereto agrees that it shall be solely responsible for the negligent or 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, F.S. Further, nothing herein shall be construed as consent by
a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of
any contract or this Agreement.
9. DEFAULT/TERMINATION/FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. Prior to termination, the Department shall provide thirty (30) calendar days' written
notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar days' written notice. If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the
Agreement is terminated before performance is completed, the Grantee shall be paid only for that
work satisfactorily performed for which costs can be substantiated.
C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee's intended timetable for implementation of such measures. If the Parties agree that the
delay or anticipated delay was caused, or will be caused by a force majeure, the Department may,
at its discretion, extend the time for performance under this Agreement for a period of time equal to
the delay resulting from the force majeure upon execution of an Amendment to this Agreement.
Such agreement shall be confirmed by letter from the Department accepting, or if necessary,
modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion,
failure to receive timely necessary third party approvals through no fault of the Grantee, and any
other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably
within the control of the Grantee and/or the Department. The Grantee is responsible for the
performance of all services issued under this Agreement. Failure to perform by the Grantee's
consultant(s) or subcontractor(s) shall not constitute a force majeure event.
10. REMEDIES/FINANCIAL CONSEQUENCES:
A. No payment will be made for fees, costs, general expenses of any kind and any other costs associated
with Deliverables completed or incurred prior to Grantee receiving a Department issued "Notice to
Commence". No payment will be made for Deliverables deemed unsatisfactory by the Department.
In the event that a Deliverable is deemed unsatisfactory by the Department, the Grantee shall re -
perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the
Department, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a
satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its
DEP Agreement No.: A7048, Page 6 of 16
FRDAP FY16-17
sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department
Grant Manager may, by letter specifying the failure of performance under this Agreement, request
that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All
CAPS must be able to be implemented and performed in no more than sixty (60) calendar days.
A CAP shall be submitted within ten (10) calendar days of the date of the letter request
from the Department. The CAP shall be sent to the Department Grant Manager for review
and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall
notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is
not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the
Department approval of a CAP as specified above shall result in the Department's
termination of this Agreement for cause as authorized in this Agreement.
Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have
ten (10) calendar days to commence implementation of the accepted plan. Acceptance of
the proposed CAP by the Department does not relieve the Grantee of any of its obligations
under the Agreement. In the event the CAP fails to correct or eliminate performance
deficiencies by Grantee, the Department shall retain the right to require additional or
further remedial steps, or to terminate this Agreement for failure to perform. No actions
approved by the Department or steps taken by the Grantee shall preclude the Department
from subsequently asserting any deficiencies in performance. The Grantee shall continue
to implement the CAP until all deficiencies are corrected. Reports on the progress of the
CAP will be made to the Department as requested by the Department Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in
the performance of the Agreement as specified by the Department may result in termination
of the Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to exercise
other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
B. If the Grantee fails to comply with the terms stated in this Agreement or with any provisions in Rule
62D-5.059, F.A.C., the Department shall terminate this Agreement and demand return of the
program funds (including interest). Furthermore, the Department shall declare the Grantee
ineligible for further participation in FRDAP until such time as compliance has been obtained.
11. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with United States Generally Accepted Accounting Principles (U.S.
G.A. A.P.) consistently applied. The Department, the State, or their authorized representatives shall
have access to such records for audit purposes during the term of this Agreement and for five (5)
years following Agreement completion. In the event any work is subcontracted, the Grantee shall
similarly require each subcontractor to maintain and allow access to such records for audit purposes.
B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing, on its subcontractors.
C. The Grantee agrees that if any litigation, claim, or audit commences before the expiration of the
record retention period established above, the records shall be retained until all litigation, claims or
audit findings involving the records have been resolved and final action taken.
12. SPECIAL AUDIT REQUIREMENTS:
DEP Agreement No.: A7048, Page 7 of 16
FRDAP FY16-17
A. In addition to the requirements of the preceding Paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment H, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment H summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment H. A revised copy of Exhibit 1 must be provided to the Grantee for each Amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grant Manager listed in Paragraph 19 to request
a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment H, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under 2 CFR §200.330 for determining whether the relationship represents that
of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following
website:
https://Ups.fldfs.com/fsaa/
C. The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
13. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager, except for certain fixed -price subcontracts pursuant to Paragraph 3.E.
of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed
subcontract to the Department within ten (10) calendar days after execution of the subcontract.
Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed
under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements
included in any subcontract and agrees to be responsible for the payment of all monies due under
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.
B. The Department supports diversity in its procurement program and requests that all subcontracting
opportunities afforded by this Agreement embrace diversity enthusiastically. The award of
subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority
owned firms that could be offered subcontracting opportunities may be obtained by contacting the
Office of Supplier Diversity at (850) 487-0915.
14. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which
fifty percent (50%) or more of the cost will be paid from state -appropriated funds which have been
appropriated at the time of the competitive solicitation, a state, college, county, municipality, school
district, or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
The contractor's maintaining an office or place of business within a particular local
jurisdiction;
DEP Agreement No.: A7048, Page 8 of 16
FRDAP FY16-17
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction; or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph W.A., above, a state college,
county, municipality, school district, or other political subdivision of the state shall disclose in the
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph 14.A.
15. SIGNAGE:
The Grantee shall erect a permanent information sign on the Project site which credits funding or a portion
thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development
Assistance Program. The sign shall be installed on the Project site and approved by the Department before
the final Project reimbursement request is processed.
16. LOBBYING PROHIBITION:
In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this
Agreement for the purpose of lobbying the Florida Legislature, the judicial branch or a state agency. Further,
in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem,
appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall
be used by any state employee or other person for lobbying purposes.
17. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal, state and local rules and regulations in performing
under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to,
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
18. NOTICE:
All notices and written communication between the Parties shall be sent by electronic mail, U.S. Mail, a
courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an
electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to
the Parties at the addresses identified under Paragraph 19.
19. CONTACTS:
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is:
Angie Bright or Successor
Community Assistance Consultant
Florida Department of Environmental Protection
Office of Operations
Land and Recreation Grants Section
3900 Commonwealth Boulevard, MS# 585
Tallahassee, Florida 32399-3000
Telephone No.:
(850) 245-2501
E-mail Address:
I Angie.Bright dep.state.fl.us
DEP Agreement No.: A7048, Page 9 of 16
FRDAP FY16-17
The Grantee's Grant Manager at the time of execution for this Agreement is:
Mr. Michael Gresek or Successor
Grants Administrator
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Telephone No.:
954-597-3562
Fax No.:
954-597-3560
E-mail Address:
I michael.gresek tamarac.org
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to Paragraph 3.13. should include the updated Grant Manager information.
20. INSURANCE:
A. Providing and maintaining adequate insurance coverage is amaterial obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub -grantee,
or Grantee's contractors. Such insurance shall include the State of Florida and the Department, as
Additional Insureds for the entire length of the Agreement.
B. Coverage may be by private insurance or self-insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall
contain a provision that the insurance will not be canceled for any reason except after thirty (30)
calendar days' written notice (with the exception of non-payment of premium, which requires a 10-
calendar-day notice) to the Department's Grant Manager. If the Grantee is self -insured for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self -insured for said insurance, appropriate and allowable under Florida law, and that such
self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any subgrant or
subcontract issued for the performance of the work specified under this Agreement, unless such
subgrant or subcontractor employees are covered by the protection afforded by the Grantee.
Workers' Compensation Insurance is required for all employees connected with the work
of this Project. Any 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 proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
Commercial General Liability Insurance is required, including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability Insurance is required, for all claims which may arise
from the services and/or operations under this Agreement, whether such services and/or
DEP Agreement No.: A7048, Page 10 of 16
FRDAP FYI6-17
operations are by the Grantee or any of its contractors. The minimum limits of liability
shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company -
Owned Vehicles, if applicable
$300,000 Hired and Non -owned Automobile Liability Coverage
iv. Other Insurance may be required if any work proceeds over or adjacent to water, including
but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any
applicable rider to worker's compensation insurance, and any necessary watercraft
insurance, with limits of not less than $300,000 each. Questions concerning required
coverage should be directed to the U.S. Department of Labor
(http:/,Iwww.dol.gov/owep/dlhwc/Iscontac.htm) or to the parties' insurance carrier.
21. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict
in any manner or degree with the performance of services required.
22. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
23. EQUIPMENT:
Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under
the terms and conditions of this Agreement.
24. QUALITY ASSURANCE REQUIREMENTS:
If the Grantee's Project involves environmentally -related measurements or data generation, the Grantee shall
develop and implement quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet Project objectives and
to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses
performed under this Agreement must conform with the requirements set forth in Chapter 62-160, F.A.C., as
may be amended from time to time, and the Quality Assurance Requirements for Department Agreements,
attached hereto and made part hereof as Attachment I, Quality Assurance Requirements for Contracts
and Grants, if applicable. If the Project does not involve environmentally -related measurements or data
generation, this Attachment shall not be required and shall be intentionally excluded.
25. DISCRIMINATION:
A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, 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 Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section
287.134, F.S., 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
DEP Agreement No.: A7048, Page 11 of 16
FRDAP FY16-17
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 posts 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.
26. LAND ACQUISITION:
Land Acquisition, where title to land acquired with FRDAP funds vest in a Grantee, is not authorized under
the terms of this Agreement.
27. SITE DEDICATION:
A. Grantee has an interest and/or right to real property, whereby FRDAP funding is appropriated to
develop an approved public outdoor recreation project, as more fully described in Attachment A.
Such interest and/or right is subject to use in perpetuity for the purposes described in this Agreement.
Land owned by Grantee, which is developed with FRDAP funds, shall be dedicated in perpetuity as
an outdoor recreational site for the use and benefit of the general public. Land under control other
than by ownership of Grantee such as by lease, shall be dedicated as an outdoor recreation area for
the use and benefit of the general public for a minimum period of twenty-five (25) years from the
Project completion date as set forth in the Project Completion Certification. The dedications must
be recorded by Grantee in the official public property records. Any applicable recording fees are
the sole responsibility of Grantee
B. Should the Grantee's interest and/or right to the land referenced herein change, either by sale, lease,
or other written legal instrument, the Grantee is required to notify the Department in writing of such
change no later than ten (10) days after the change occurs, and the Grantee is required to notify all
subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement.
28. PHYSICAL ACCESS AND INSPECTION:
Department personnel shall be given access to and may observe and inspect work being performed under this
Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
29. PUBLIC RECORDS ACCESS:
A. Grantee shall comply with Florida Public Records Law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Subsection 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request, or to allow inspection and copying of all public records
made or received by the Grantee in conjunction with this Agreement and subject to disclosure under
Chapter 119, F.S., and Article I, Section 24(a), Florida Constitution.
DEP Agreement No.: A7048, Page 12 of 16
FRDAP FY16-17
C. If Grantee meets the definition of "Contractor" found in Paragraph 119.0701(1)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency], then the following requirements apply:
Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this
Agreement for services must be made directly to the Department. If the Department does not
possess the requested records, the Department shall immediately notify the Grantee of the
request, and the Grantee must provide the records to the Department or allow the records to be
inspected or copied within a reasonable time. If Grantee fails to provide the public records to
the Department within a reasonable time, the Grantee may be subject to penalties under Section
119.10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.,
or as otherwise provided by law.
iii. Grantee shall identify and ensure that all public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by
law for the duration of the Agreement term and following completion of the Agreement if the
Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public
records in possession of Grantee or keep and maintain public records required by the
Department to perform the services under this Agreement. If the Grantee transfers all public
records to the Department upon completion of the Agreement, the Grantee shall destroy any
duplicate public records that are exempt or confidential and exempt from public disclosure
requirements. If the Grantee keeps and maintains public records upon completion of the
Agreement, the Grantee shall meet all applicable requirements for retaining public records. All
records that are stored electronically must be provided to the Department, upon request from
the Department's custodian of public records, in a format that is accessible by and compatible
with the information technology systems of the Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245-2118, by email at
ombudsman(a�dep.state. fl.us or at the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
DEP Agreement No.: A7048, Page 13 of 16
FRDAP FY16-17
30. SCRUTINIZED COMPANIES:
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,
F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -
agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,
F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its
subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting
activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases
to authorize these contracting prohibitions then they shall become inoperative.
31. EXECUTION IN COUNTERPARTS:
This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more
counterparts, each of which together shall be deemed an original, but all of which together shall constitute
one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-
mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the
party executing (or on whose behalf such signature is executed) with the same force and effect as if such
facsimile or ".pdf' signature page were an original thereof.
32. SEVERABILITY CLAUSE:
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any
action hereon or in connection herewith shall be brought in Leon County, Florida.
33. ENTIRE AGREEMENT:
This Agreement represents the entire agreement of the Parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the Parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
DEP Agreement No.: A7048, Page 14 of 16
FRDAP FY16-17
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF TAMARAC
STATE OF FLORIDA DEPARTMENT OF
ENVTRONMENTAL PR()TFCTI()N
Y By:
Signature of Person Authorized to Sign Secretary or designee
MK62V, GGW"o *TXav�r
Print Name and Title — r Print Name and Title
Date: 6
Date:
Address: ����ttIII11tI,//
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Attest:
By: 1
ova 4proved as to form and legality:
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' 12/20/2016
r
AGran Attorney DEP Attorney
FEID No.: 59-1039552
For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement.
List of attachments/exhibits included as part of this Agreement (web links provided when available):
Specify
Letter/
Type
Number
Description
Attachment
A
Project Work Plan (2 Pages)
Attachment
B
Commencement Documentation Checklist — DRP-107 (2 pages)
(http://www deD state fl us/Parks/OIRS/FORMS%202015%20REVISED/Commencemen
t%20Check1ist.pdfl
Attachment
C
Payment Request Summary Form — DRP-115 (2 Pages)
(httt)://www dep state fl us/Parks/OIRS/FORMS%202015%20REVISED/PAYMENT%2
OREOUEST%20SUMMARY%20FORM%20NE W.Ddf)
Attachment
D
Contract Payment Requirements (1 Page)
Attachment
E
Project Status Report Form — DRP-109 (2 Pages)
(http•//www det)state fl us/Parks/OIRS/FORMS%202015%20REVISED/STATUS%20R
EPORT.Ddf)
Attachment
F
Completion Documentation Checklist — DPR-111 (2 Pages)
(http•//www den state flus/Parks/OIRS/FORMS%202015%20REVISED/COMPLETION
O/o2ODOCUMENTATION%2OCHECKLIST%20NEW.pdf)
DEP Agreement No.: A7048, Page 15 of 16
FRDAP FY16-17
Attachment G Project Completion Certification — DRP-112 (2 Paees)
ttp://www.dep.state.fl.us/Parks/OIRS/FORMS%202015%20REVISED/PROJECT%20
COMPLETION%20CERTI FICATION%20NE W.pol)
Attachment H Special Audit Requirements (5 Pages)
Attachment I Attachment Intentionallv Excluded
DEP Agreement No.: A7048, Page 16 of 16
FRDAP FY16-17
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Florida Department of Environmental Protection
ATTACHMENT B
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
COMMENCEMENT DOCUMENTATION CHECKLIST
Required Signatures: N of 11
Following approval of these documents, the Department will issue written authorization to commence
construction or acquisition of the project.
DEVELOPMENT COMMENCEMENT DOCUMENTATION
al. A professional site plan (detail specifications not required). A graphic document of the proposed
development that shows the location of all existing and proposed buildings, facilities, etc. that is signed
and dated by the project liaison. If part of a larger simultaneous development or part of a phased
project, please color code the current project elements and/or any phases/existing elements. (Site
plan cannot be any larger then 1Ix17 or 14x17) (2 copies)
[22. Commencement Certification (Form DRP-107)
�3. A boundary survey of the project site, which includes a legal description and sketch of the site's
boundaries, display known easements and encroachments, if any, be legally sufficient to identify the
site, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of
Chapter 472, F.S. (Survey cannot be any larger then 11x17 or 14x17) (2 copies)
04. The results of a title search and the opinion prepared by a member of the Florida Bar or Licensed title
insurer of the project area covering the thirty (30) year period prior to approval by Department
Secretary, which attests to a clear title owned by the grantee, with no liens, encumbrances or taxes held
against the property or a copy of title insurance. A warranty deed will not suffice. Ownership and
Encumbrance (O&E) Reports are also not sufficient title documentation under the grant
program.
a5. If land will be used as a match, send either a copy of the taxed assessed value or a complete appraisal
(prepared in accordance with The Uniform Standards of Professional Appraisal Practices), supporting
fair market value of land utilized as project matching funds. Appraisal must be no earlier than one year
prior to the closing date of the application submission period. The appraisal must be prepared by an
appraiser included on the list of approved appraisers maintained by the Department's Division of
State Lands (DSL). (Approved list can be found at: www.del).state.fl.us/lands/appraisal list.htm
or call 850-245-2658). (1 Copy)
a6. Certification of Insurance Form (Form DRP-127) at www.dep.state.fl.us/parks/OIRS.
DRP-107 (Effective 05-22-2015) Page 1 of 2
ACQUISTION COMMENCEMENT DOCUMENTATION
LI 1. An appraisal prepared in accordance with The Uniform Standards of Professional Practices, supporting
fair market value of land to be acquired. If the property is $500,000 or less in appraised value, one
appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required.
The appraisal(s) shall be dated no earlier than (6) months prior to the closing date of the application
submission period. The appraisal must be prepared by an appraiser included on the list of
approved appraisers maintained by the Department's Division of State Lands (DSL), (Approved
list can be found at: www.dep.state.fl.us/lands/appraisal list.htm or call 850-245-2658). (1 Copy)
[D2. A boundary survey of the project site, which includes a legal description and sketch of the site's
boundaries, display known easements and encroachments, if any, be legally sufficient to identify the
site, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of
Chapter 472, F.S. The survey must be updated to within one year of the closing date of the application
submission period. (Survey cannot be any larger then 11x17 or 14x17) (2 copies)
J�3. The results of a title search and the opinion prepared by a member of the Florida Bar or Licensed title
insurer of the project area covering the thirty (30) year period prior to approval by Department
Secretary, which attests to a clear title by the owner, with no liens, encumbrances or taxes held against
the property or a copy of title insurance. A warranty deed will not suffice. Ownership and
Encumbrance (O&E) Reports are also not sufficient title documentation under the grant
program.
Forms may be found at our website: www.dep.state.fl.us/parks/oirs
DRP-107 (Effective 05-22-2015) Page 2 of 2
Required Signatures: Adobe Signature
Date:
Grantee
Billing Period:
DEP Division:
Florida Department of Environmental Protection
ATTACHMENT C
PAYMENT REQUEST SUMMARY FORM
Project Name and Number
Billing #:
DEP Program:
Contractual Services
DRP-116
Grantee Labor
DRP-117
Employee Benefits
( % of Salaries)
Direct Purchases: Materials & Supplies
DRP-118
Grantee Stock
DRP-120
Equipment
DRP-119
Land Value
Indirect Costs
(15% of Grantee Labor)
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CERTIFICATION: I hereby certify that the above expenses were incurred for the work being
accomplished in the attached progress reports.
Project Administrator
Date
CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the
project expenses as reported above and is available for audit upon request.
Project Financial Officer
Date
DRP-115 (Effective 06-19-2015) Pagel of2
DEP USE ONLY
STATE FUNDING PARTICIPATION: %
Total project costs to date
$
State Obligation to date
$
State retainage ( %)
$
State obligation remaining
$
State funds previously disbursed
$
State funds due this billing
$
Reviewed and approved by:
DEP Project Administrator
Division Director or Designee
Date
Date
DRP-115 (Effective 06-19-2015) Page 2 of 2
,+ °'p+'t�+ Florida Department of Environmental Protection
ATTACHMENT D
4" FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM
CONTRACT PAYMENT REQUIREMENTS
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http:/,,'www.fldfs.com,'aadir,/reference guide.htm
DEP Agreement No.: A7048, Attachment D, Page I of 1
rRDAP 16-17
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Florida Department of Environmental Protection
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
COMPLETION DOCUMENTATION CHECKLIST
ram, ��
Required Signatures: Wa1 gn, k
Notify DEP immediately after completion of project construction that the project is complete and send
the following: All close-out documents must be submitted 30 days after project completion.
Development Completion Documentation
1-11. Project Completion Certificate, dated and signed by the liaison agent. (Form Attached — DRP-112)
(2 Copies)
02. A final "as built" site plan signed, sealed, and dated by a certified engineer, surveyor, or architect
(detailed specifications not required). Please color code current project elements and/or any phases.
(2 Copies)
❑3. Florida Recreation and Parks Inventory Form describing the entire park. Please go to our website:
http://www.dep.state.fl.us/parks/OIRS/ and complete the Park Inventory Form listed under the heading
FRDAP Administrative Forms. (Please complete the form online, submit and e-mail as well as print-
out a hard copy to mail to our office). (1 Copy)
❑4. Photographs of the completed project elements including the acknowledgement sign or plaque crediting
both the Florida Department of Environmental Protection and FRDAP. (Example on website)
(2 colored copies)
❑5. Certification that the "Notice of Limitation of Use" statement has been filed as a permanent part of
public property records in accordance with local requirements and available for public inspection. (A
copy of the project boundary map with the legal description and the "Notice of Limitation of Use"
statement must be filed with public property records). (If phased project with past FRDAP/LWCF
grants, grantee needs to sign the Notice certifying that the information has already been recorded and
include a copy of the recorded instrument). (Form Attached: DRP —113) (2 Copies)
❑6. Final payment request. Submit all applicable forms with all information completed on each form. Please
include all invoice numbers and dates, check numbers and dates, amounts and descriptions. Reminder,
the office shall retain up to 10% of total grant amount (retainage) of its obligations to ensure compliance
with agreement terms and conditions. Retained funds shall be released upon satisfactory completion of
the project.
DRP-111 (Effective 06-05-2015) Page 1 of 2
Acquisition Completion Documentation — Step I
F-11. Project Completion Certificate, dated and signed by the liaison agent. (Form Attached — DRP-112)
(2 Copies)
❑2. Florida Recreation and Parks Inventory Form describing the entire park. Please go to our website:
httl2://www.dep.state.fl.uLparks/OIRS/ and complete the Park Inventory Form listed under the heading
FRDAP Administrative Forms. (Please complete the form online, submit and e-mail as well as print-
out a hard copy to mail to our office). (1 Copy)
F-13. Photographs of the acquisition site including the Department acknowledgement sign or plaque crediting
both the Florida Department of Environmental Protection and FRDAP. (Example on website)
(2 colored copies)
04. Certification that the "Notice of Limitation of Use" statement has been filed as a permanent part of
public property records in accordance with local requirements and available for public inspection. (A
copy of the project boundary map with the legal description and the "Notice of Limitation of Use"
statement must be filed with public property records) (Form Attached: DRP —113) (2 Copies)
1-15. Three year project construction time line for development of recreational elements. (2 Copies)
F-16. Final payment request. Submit all applicable forms with all information completed on each form.
Please include all invoice numbers and dates, check numbers and dates, amounts and descriptions.
❑7. Evidence of Title: Submit a copy of the deed.
❑8. Copy of Buyer -Seller Financial Closing Statement.
Development of Acquisition Proiect Documentation — Step II
1-11. Project Completion Certificate, dated and signed by the liaison agent. (Form Attached — DRP-112)
(2 Copies)
a2. Photographs of the development including the acknowledgement sign or plaque crediting both the
Florida Department of Environmental Protection and FRDAP. (2 copies)
1-13. A final "as built" site plan signed, sealed, and dated by a certified engineer, surveyor, or architect
(detailed specifications not required). Please color code current project elements and/or any phases.
(2 copies)
Forms may be found at our website: www.dep.state.fl.us/parks/oirs
DRP-111 (Effective 06-05-2015) Page 2 of 2
Florida Department of Environmental Protection
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
Required Signatures: Adobe Signature
Project Sponsor:
Project Name:
Project Number:
A list identifying the quantity and type of primary outdoor recreation areas and facilities and support facilities
and the actual costs for each item built. (50% of the total costs must be in primary facilities)
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DRP-112 (Effective 06-12-2015) Page 1 of 2
TOTAL PROJECT COST
I hereby certify that the above mentioned project construction or acquisition has been completed in accordance
with the Project Agreement executed between and the Florida
Department of Environmental Protection dated ; that all funds allocated for
the project were expanded pursuant to the Project Agreement; that all goods and services for accomplishment of
the project were negotiated and procured in accordance with applicable law and funding program requirements;
that all project acquisition or construction was completed on which
was on or prior to the acquisition or construction completion date specified in the Project Agreement; and that
the project was completed in accordance with the final project plans (site, architectural, engineering) prepared
for the project; that all required local, state and federal environmental permits and approvals were obtained; and
that the project is open and accessible to the general public for use.
Signed:
(Liaison Agent)
Date
Signed:
Date:
(Project Architect or Engineer)
DRP-112 (Effective 06-12-2015) Page 2 of 2
ATTACHMENT H
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", 'DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which
may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this attachment.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F, 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 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330
(for fiscal year start dates after December 26, 2014).
In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014) 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, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachment 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, and 2 CFR Part 200,
Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F.
3. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of ONIB Circular A-133, as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as
applicable) 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, and 2 CFR Part 200, Subpart F the cost of the audit must be
paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at www.cfda.zov
DEP Agreement No.: A7048, Attachment H, Page 1 of 5
FRDAP 16-17
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment 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.
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), 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 $750,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must
be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at htlps:Happs.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm. State of Florida's website at http://www.myflorida.com/.
Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at
httD://www.mvflorida.com/aud2en/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped 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(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the
recipient directly to each of the following:
DEP Agreement No.: A7048, Attachment H, Page 2 of 5
FRDAP 16-17
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAuditP_dep.state. fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and2 CFR
§200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133,
as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.pov/facweb/
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised, and 2 CFR § 200.512.
Pursuant to Section .320(o, OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSinaleAuditC&_dep.state.fl.us
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEP S ingleAuditg_dep. state. fl.us
DEP Agreement No.: A7048, Attachment H, Page 3 of 5
FRDAP 16-17
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAuditP_dep.state.fl.us
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, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as
applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, 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.: A7048, Attachment H, Page 4 of 5
FRDAP 16-17
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