HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-073Temp. Reso # 12213 — May 30, 2012
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CITY OF TAMARAC, FLORIDA
j
RESOLUTION NO. R-2012- l
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, ACCEPTING A GRANT AWARD IN THE
AMOUNT OF $200,000 FROM THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, LAND AND WATER
CONSERVATION FUND PROGRAM; 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 $200,000 WITH A
ONE-TO-ONE MATCH OF $200,000 IN LOCAL FUNDS FOR THE
DEVELOPMENT OF MAINLANDS PARK; 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 National Park Service (NPS) via the Florida Department of
Environmental Protection (FDEP), provides grants to local governments through the Land and
Water Conservation Fund Program (LWCF) to develop land for public outdoor recreation; and
WHEREAS, the City of Tamarac was awarded a LWCF Program grant for the
development of Mainlands Park as indicated in the May 23, 2012 correspondence from FDEP
attached hereto as Exhibit A which is incorporated herein by this reference; and
WHEREAS, the LWCF grant program requires and the City is willing to provide a one-to-
one match of $200,000 in local funds through the CIP budget of the project; and
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 Mainlands Park in the amount of $200,000
Temp. Reso # 12213 — May 30, 2012
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pending legal review 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 LWCF grant funding and
to execute the LWCF agreement in the amount of $200,000 and provide a one-to-one match of
$200,000 in local funds for the development of Mainlands Park.
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. All Exhibits
attached hereto are incorporated herein and made a specific part of this Resolution.
Section 2: The City Commission of the City of Tamarac HEREBY accepts the LWCF grant
award of $200,000 from NPS through FDEP.
Section 3: The appropriate City Officials are HEREBY authorized to accept the LWCF grant
award and execute the grant agreement between the City of Tamarac and FDEP in the amount
of $200,000, providing for the required one-to-one match of $200,000 in local funds for the
development of Mainlands Park.
Section 4: An appropriation for the receipt and expenditure for this grant will be included in a
budget amendment prior to November 30, 2012 pursuant to F.S. 166.241(2).
Section 5: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed
to the extent of such conflict.
Temp. Reso # 12213 — May 30, 2012
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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 —a day of , 2012.
ATTEST:
PETER M. J. RIC RD ON, CRM, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
1
•"..IS•,MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO W4Z-'
DIST 1: COMM. BUSHN L .--�
DIST 2: COMM. GOMEZ '
DIST 3: V/M GLASSER '
DIST 4: COMM. DRESSLE
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Florida Department of Kick Scott
'Governor
Environmental Protection Jennifer Carroll
Lt. Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard Herschel T. Vinyard, Jr.
Tallahassee, Florida 32399-3000 Secretary
May 23, 2012
Mr. Michael Gresek
Special Projects Coordinator
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
Re: Mainlands Park
FRDAP Project No.12-00595
Dear Mr. Gresek:
Your Land and Water Conservation Fund Program (.LWCF) grant has been approved by the National Park
Service. To assist you in getting started, we have enclosed a folder containing the grant agreement, the LWCF
Manual on CD/Rom, a copy of the LWCF rule, and all the forms necessary for the accomplishment of this
grant. Please keep this folder in your files .for project administration.
Grant Agreement
The grant agreement has been prepared in accordance with your application and acceptance letter. It is
important that you review the agreement to ensure that information specific to your project is accurate.. Please
execute and return both original copies to our office on or before June 22, 2012. One original copy will be
returned to you when formally executed by the Department.
Administrative Forms
1. Commencement Documents: Due by July 23, 2012. Unless a Waiver of Retroactivity has been
issued, or provisions are provided for in this agreement, the project may not commence until all
Commencement Documents have been received and approved by this office.
2. Status Report Forms: Status reports are due quarterly beginning September 5, 2012,
3. Reimbursement R uest Forms
4. Completion Documents: Due 30 days after project completion.
If you. have any questions or need an extension for the above deadline dates, please contact us at (850) 245-2501
or by e-mail at it.,vili,jtcr>dcl...statuf.,.� .
Sincerely,
,-?_ . U
Rita Ventry
Community Assistant Consultant
Office of Information and Recreation Services
Division of Recreation and Parks
Mail Station #585
RFV/
Enclosure wlvw dc: pstate. fl. us
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12-00595
(LWCF Project Number)
LW595
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FY 2011 - 2012
PROJECT AGREEMENT- DEVELOPMENT
This Project Agreement is entered into between the FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and
the CITY OF TAMARAC, whose address is 7525 NW 88th Avenue , Tamarac,
Florida, 33321(hereinafter called the "Grantee"), a local government, in furtherance of
the Mainlands Park Project, an approved Outdoor Recreation Project.
WHEREAS, the Department receives funds from the U.S. Department of the
Interior, National Park Service, for the purpose of passing through the agency as grants
to other entities in accordance with Section 375.021(4), Florida Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for Outdoor Recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application Number 767, which
has been approved by the Department.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall become effective upon execution by both parties
and the Grantee shall complete construction of all Project Elements on or before
sT- 2c ts�-(hereinafter referred to as the Project Completion Date).
Within hirty (30) days from this date, all payment requests and completion
documentation will be due to the Department. The Project Agreement shall be
performed in accordance with Chapter 62D-5, Part VII, Florida Administrative
Code (F.A.C.), effective July 15, 2001 (hereinafter called the Rule); the Land and
Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897,
as amended, (hereinafter called the Program); and with general provisions for
such agreements prescribed by the United States Department of the Interior
(hereinafter called the USDOI) in the LWCF Grants -in -Aid Manual, (hereinafter
called the Manual) including the Code of Federal Regulations (CFRs) referenced
below. The Manual refers to the CFRs applicable to this Project Agreement.
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The following table identifies several of the key CFRs addressed in the Manual,
but does not limit the Grantee to compliance with only the CFRs identified in the
table.
CFR Cite
Title
36
CFR
59
Land and Water Conservation
Completion Compliance Res
Fund Program Assistance to States; Post -
nsibilities
36
CFR
800.8
Coordination With the National
Environmental Policy Act
43
CFR
12
Administrative and Audit Requirements and Cost Principles for Assistance
Programs
43
CFR
17
Nondiscrimination in Federally
Interior
Assisted Programs of the Department of
The Grantee agrees to become familiar with all provisions and comply with the
Rule and Manual, including the above -stated provisions of the CFR, which are
incorporated into this Project Agreement by reference, as if fully set forth herein.
In the event a dispute should arise between the parties concerning the intent of
any language herein contained, the same shall be resolved by the adoption of
that meaning which furthers the intent and purpose of the LWCF Act of 1965 and
the general provisions governing this Project Agreement as set forth in the
Manual. No construction shall be contrary to the requirements of any Act of
Congress or of the regulations of the Secretary of the Interior. This Project
Agreement shall be read in conjunction with the Rule. Unless defined herein,
capitalized terms used in this Project Agreement shall have the same meaning
as those set forth in the Rule.
2. The Department has found that public Outdoor Recreation is the primary purpose
of the Project known as Mainlands Park (Land and Water Conservation Fund,
LWCF Project Number 12-06595), hereinafter called the Project, and enters into
this Agreement reement with the Grantee for the Development of that Real
9
Property identified in the Project Application, the legal description of which shall
be submitted to the Department on the Land and Water Conservation Fund
Program Approved Project Documentation Form, DEP Form FPS-A048. The
approved Project Application, which includes the Project Elements (description of
Project, detailed budget, and anticipated deliverables), is identified in the
Grantee's approved Grant Application and Attachment A, Project Work Plan,
attached hereto and made a part hereof. The "approved Project Application" and
Attachment A include only those Project Elements approved by the Department
and does not include proposed elements not approved by the Department.
3. The Grantee shall construct, or cause to be constructed, specified public Outdoor
Recreation Facilities and improvements consisting of the following Project
Elements: Boardwalk1water observation platform, picnic facilities, senior
fitness alavaround, landscaping, restroom, parking and other related
support facilities, as identified in the Grantee's approved Project Application
and Attachment A. These Project Elements may be modified by the Department
if the Grantee shows good cause and the Department approves the modification.
An revisions to the Project Elements as set forth in the approved Project
y �
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Application and Attachment A must be formally requested by the Grantee and, if
agreed upon by the Department, the modifications will be reduced to writing in an
amendment to this Project Agreement.
4. The Project Elements identified in paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site Development
plan contained in the Project Application and Attachment A. Project Site
Facilities shall be attractive for public use, and generally consistent and
compatible with the environment. Plans and specifications for Project Site
improvements and Facilities shall be in accordance with current and established
engineering and architectural standards and practices. Emphasis should be
given to the health and safety of users, accessibility to the general public, and the
protection of the recreational and natural values of the area. This site
Development plan may be altered by the Grantee, only after written approval by
the Department. Any and all utility lines installed within the site shall be placed
underground. The Grantee shall have the final site Development plan (site
engineering and architectural) prepared by a registered architect or engineer
licensed in accordance with the laws of the State of Florida.
5. A. As consideration for the services rendered by the Grantee under the terms
of this Project Agreement, the Department shall pay the Grantee on a cost
reimbursement basis in an amount not to exceed $200,000 toward the
total Project Cost described in the approved Project Work Plan. Program
fund limits are based upon the following:
Total Grantee Amount $ 200,000 (paid by the Department)
Grantee Match Amount $ 200,000 (paid by the Grantee)
Total Project Cost $400,000
Type of Match Cash and/or In -Kind Services
B. The Grantee shall submit a request for payment upon submittal of
documentation required in Attachment A. Within sixty (60) days after
receipt of a request for payment from the Grantee, the Department's Grant
Manager shall review the completion documentation and payment request
from the Grantee for the Project. If the documentation is sufficient and
meets the requirements of the Land and Water Conservation Fund
Program Required Project Completion Documentation Form, DEP Form
FPS-A051, referenced in Rule 62D-5.073(7)(e)2, F.A.C., the Department
will approve the request for payment. A final payment request must be
submitted to the Department no later than thirty (30) days from the Final
Completion Date, to assure the availability of funds for payment. Each
payment request submitted shall document all matching funds and/or
Match efforts (i.e. In -Kind services) provided during the period covered by
each request. The final payment will not be processed until the Match
requirement has been met.
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6. In addition to the invoicing requirements contained in paragraph S.B. above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Project Agreement
pursuant to State and Federal guidelines (including cost allocation guidelines), as
appropriate. When requested, this information must be provided within 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). All bills for amounts
due under this Project Agreement shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof. State guidelines for allowable costs can
be found in the Department of Financial Services' Reference Guide for State
Expenditures at http://www.fldfs.com/aadir/reference%5Fguide,; ide; allowable costs
for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45
CFR Part 74, at http://www.access.gpo.gov/nara/cfr/cfr-table-search.htmI and
OMB Circulars A-87(2 CFR, Part 225), A-122 (2 CFR, Part 230), A-21 (2 CFR,
Part 220); and administrative requirements can be found in OMB Circulars A-102
and A-110 (2 CFR, Part 215) at:
http://www.whitehouse.qov/omb/circulars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
8. The purchase of non -expendable equipment is not authorized under the terms of
this Project Agreement.
9. The Grantee agrees to comply with the Division of Recreation and Parks'
Financial Reporting Procedures, formerly known as the Grant and Accountability
Procedures (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 procurement requirements specified in 43 CFR 12.76. Expenses
representing the Project Costs, including the required matching contribution, shall
be reported to the Department and summarized on certification forms referenced
in the Procedure. The Department and Grantee agree to use the Procedure
guidelines in accounting for LWCF funds disbursed under the Project. The
parties further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
10. Allowable indirect costs, as defined in the Procedure, shall not exceed 15% of
the Grantee's eligible salaries/wages. Indirect costs that exceed 15% must be
approved in advance and in writing by the Department to be considered eligible
Project expenses.
11. Project
funds
may be reimbursed for eligible
Preagreement Expenses (as
defined
in Rule
62D-5.069(31), F.A.C.) incurred by
the Grantee prior to execution
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of this Project Agreement as set forth in Rule 62D-5.073(2), F.A.C. The
Department and the Grantee fully understand and agree that there shall be no
reimbursement of Project funds by the Department for any expenditure made
prior to the execution of this Project Agreement with the exception of the
following expenditures, which meet the requirements of the foregoing sections of
the Rule.
Preagreement Expenses Approved:
Description of Work Performed
Amount Approved
None
$0
Total
Prea reement
Expenses Approved:
$0
12. A. Prior to commencement of Project Development, the Grantee shall submit
to the Department the documentation required by the Land and Water
Conservation Fund Program Required Project Commencement
Documentation Form, DEP Form FPS-A050, referenced in Rule 62D-
5.073(7)(e), F.A.C. 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.
B. Upon execution of this Project Agreement, the Grantee acknowledges the
prior receipt of the LWCF Grants -in -Aid Manual, the Division of Recreation
and Parks' Financial Reporting Procedures, and the required Project
commencement documents listed below that must be completed by the
Grantee, if applicable, and returned to the Department within sixty (60)
days following the execution date of this Project Agreement. This date
may be extended upon written approval from the Department Grant
Manager, who is authorized to sign such approval letters.
C. Required Project Commencement Documentation for Development
Agreements:
1. 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. (3 copies)
2. Commencement Certification (Form FPS-A035)
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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. (3 copies)
4. The results of a title search or 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.
5. If Land Value will be used as a Match, send either a copy of the
taxed assessed value or a complete appraisal 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 submission
period. The appraisal must be prepared by an appraiser
included on the list of approved appraisers maintained by the
Department's Division of State Lands (DSL). (CALL 850-245-
2658) (11 Copy)
6. Certification of Manual Possession (Form FPS-A059)
13. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of Project construction and shall certify that it
has done so to the Department by completing the Land and Water Conservation
Program Commencement Certification, DEP Form FPS-A052, referenced in Rule
62D-5.073(7)(e)(1), F.A.C.
14. The Grantee shall complete all Project construction as identified in Attachment A,
by the completion date established in paragraph 1, above.
15. Project completion means the Project is open and available for use by the public.
The Project must be verified to have reached Project completion prior to release
of final reimbursement.
16. A. The Grantee shall maintain books, records and documents directly
pertinent to performance under this Project Agreement in accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this Project
Agreement and for five (5) years following Project Agreement completion.
In the event any work is subcontracted, the Grantee shall similarly require
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17.
each subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
A. In addition to the requirements of the preceding paragraph, the Grantee
shall comply with the applicable provisions contained in Attachment B
(Special Audit Requirements), attached hereto and made a part hereof.
Exhibit 1 to Attachment B summarizes the funding sources supporting
the Project Agreement for purposes of assisting the Grantee in complying
with the requirements of Attachment B. 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 identified in paragraph 22, 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 Project Agreement. The Grantee shall consider the
type of financial assistance (federal and/or state) identified in Attachment
B, Exhibit 1 when making its determination. For federal financial
assistance, the Grantee shall utilize the guidance provided under OMB
Circular A-133, Subpart B, Section .210 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/Su brecipient vs. Vendor Determination"
(form number DFS-A2-NS) that can be found under the "Links/Forms"
section appearing at the following website:
https:llapps.fldfs. comlfsaa
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.
C. In addition, the Grantee agrees to complete and submit the Certification
of Applicability to Single Audit Act Reporting, Attachment C, attached
hereto and made a part hereof, within four (4) months following the end of
the Grantee's fiscal year. Attachment C shall be submitted to the
Department's Grants Development and Review Manager at 3900
Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-
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3000. The Grants Development and Review Manager is available to
answer any questions at (850) 245-2361.
18. 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 any reimbursement due the
Department.
19. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department, agrees to carry adequate liability and other
appropriate forms of insurance. If the Grantee is self -funded for liability
insurance, as appropriate and allowable under Florida law, then the Grantee
warrants and represents 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. The Department shall have no
liability except as specifically provided in this Project Agreement.
20. 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 its employees connected with the work of this
Project and, in case any work is subcontracted, the Grantee shall require the
subcontractor to similarly 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 Project Agreement is not
protected under Florida Workers' Compensation law, the Grantee shall provide,
and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of those employees not otherwise protected.
21. The Department's Grant Manager for the purpose of this Project Agreement shall
be responsible for ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The Grantee's Liaison
Agent (also known as Grantee's Grant Manager), as identified in the Project
Application, or successor, shall act on behalf of the Grantee relative to the
provisions of this Project Agreement. The Grantee's Liaison Agent shall submit
to the Department signed Project status reports every ninety (90) days
summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the Department.
Photographs to reflect the construction work accomplished shall be submitted
when the Department requests them. Any and all notices shall be deemed
effective and sufficient if sent via U.S. mail, facsimile (fax), electronic mail, or by
hand -delivery to the parties at the following addresses:
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Name:
Title:
Entity::
Address :
City, State, Zip :
Phone
Fax:
Email:
Grantee's Liaison Agent
Mr. Michael Gresek
Special Projects Coordinator
City of Tamarac
7525 NW 88th Avenue
Tamarac Florida 33321
(954) 597-3562
(954) 597-3560
michaelgr@tamarac.org
Department's Grant Manager
Name: Rita Ventry
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850) 245-2501
Fax: (850) 245-3050
Email: Rita.Ventry@dep.state.fl.us
Any changes to the above -stated contact information must be noticed in writing
to the other party within ten (10) days of the change.
22. Prior to final reimbursement, the Grantee must erect a permanent informational
sign on the Project Site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDOI and the
Department. The sign shall include the LWCF Program logo.
23. The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
24. 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 from Section 24(a) of Article I of the
State Constitution and Section 119.07(1) (a), Florida Statutes.
25. Prior to the closing of the Project, the Department shall have the right to demand
a refund, either in whole or in part, of the LWCF funds provided to the Grantee
for non-compliance with the material terms of this Project Agreement. The
Grantee, upon such written notification from the Department, shall refund, and
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shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated and determined pursuant
to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee. After closing of the Project, the Grantee may not repay the
funds but shall go through the conversion process described by the Manual and
the Rule.
26. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
27. The Grantee shall comply with all federal, state and local laws, rules, regulations
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 ensure that, in the event work is subcontracted, the Grantee's
contract will include the requirements of this paragraph in all subcontracts made
to perform this Project Agreement.
28. The Grantee may subcontract work under this Project Agreement without the
prior written consent of the Department's Grant Manager. The payment terms of
subcontracts (other than construction and the purchase of commodities) shall
comply with the terms of this Agreement (for example, if payment under this
Agreement is being made on a cost reimbursement basis, then the subcontract
should also be cost reimbursement). The Grantee shall submit a copy of each
executed subcontract to the Department within ten (10) days after execution.
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.
29. Competitive open bidding and purchasing for construction of said Project
Facilities or improvements shall comply with all applicable laws and the Manual.
Following completion of Project construction, the Grantee's Liaison Agent shall
provide the Department with a statement certifying that all purchases or contracts
for construction were competitively bid pursuant to applicable law and the
Manual.
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c
30. If asphalt paving is required for the Project, it shall conform to the Florida
Department of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
31. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in paragraph 2 herein, in perpetuity as an Outdoor
Recreation site for the use and benefit of the public, as stated in Rule 62D-
5.074(1), F.A.C. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
State of Florida. The Grantee represents that it has sufficient site control to
enable this dedication. The dedication must be promptly recorded in the county's
official public records by the Grantee and Grantee shall provide a certified copy
to the Department.
32. The Grantee agrees to operate and maintain the Project Site as stated in Rule
62D-5.074(2), F.A.C. The Project Site, Project -related Facilities, and any future
Outdoor Recreation Facilities developed on the Project Site shall be open to the
general public for Outdoor Recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project -related Facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future Development of Facilities on the Project Site, if said
Development is not described in paragraph 3 herein.
33. The Grantee shall not, for any reason, convert all or any portion of the site for
any purpose other than public Outdoor Recreation without prior approval of the
USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act, the
Manual, and Rule 62D-5.074(3), F.A.C.
34. A. Failure to comply with the provisions of the Rule or the terms and
conditions of this Project Agreement will result in termination of the Project
Agreement by the Department. In the event of violation of the Rule or the
provisions of this Project Agreement by Grantee, the Department shall
provide thirty (30) days written notice of its intent to terminate. The written
notice shall provide a reasonable amount of time to cure the violations;
however, if the Grantee does not cure or obtain an extension of time within
the time period stated in the notice, this Project Agreement shall be
automatically terminated on the following calendar day.
B. The Department may terminate this Project Agreement when both parties
agree that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of funds. The Grantee
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shall not incur new obligations for the Project after the effective date and
shall cancel as many outstanding obligations as possible. The
Department shall process an amendment terminating this Project
Agreement and such amendment shall establish the effective date of the
termination and the procedures for proper closeout of the Agreement.
C. If no reimbursements have been paid and Grantee wishes to withdraw the
Project, the parties hereto may agree to terminate this Agreement for
convenience as evidenced by written amendment of this Agreement.
35. 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.
36. 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 cannot be reasonably
corrected within the time specified in the notice, the Department shall terminate
this Project Agreement.
37. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Project Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Project Agreement is not a
commitment of future appropriations.
38. A. The Grantee certifies that no Federal appropriated funds have been paid
or will be paid by or on behalf of the Grantee, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending
or modifying of any Federal contract, grant, or cooperative agreement. If
any non -Federal funds are used for lobbying activities as described above,
the Grantee shall submit Attachment D, Form DEP 55-221, effective
January 2001, "Disclosure of Lobbying Activities" (attached hereto and
made a part hereof), and shall file quarterly updates of any material
changes. The Grantee shall require the language of this certification to be
included in all subcontracts, and all subcontractors shall certify and
disclose accordingly. (43 C F R, Part 18)
B. In accordance with section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Project Agreement for
the purpose of lobbying the Legislature, the judicial branch or a state
agency.
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T
39. A. No person on the grounds of race, religion, 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 the 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; submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; submit bids on
leases of Real Property to a public entity; award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any
public entity; nor transact business with any public entity. The Florida
Department of Management Services is responsible for maintaining the
discriminatory vendor list and intends to post the list on its website.
Questions regarding the discriminatory vendor list may be directed to the
Florida Department of Management Services, Office of Supplier Diversity
at (850) 487-0915.
40. A. 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.
B. 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) are received from the
Department by the Grantee to the date repayment is made by the Grantee
to the Department.
C. 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
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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.
41. The federal funds awarded under this Agreement must comply with The Federal
Funding Accountability and Transparency Act (FFATA) of 2006. The intent
of the FFATA is to empower every American with the ability to hold the
government accountable for each spending decision. The end result is to reduce
wasteful spending in the government. The FFATA legislation requires that
information on federal awards (federal financial assistance and expenditures) be
made available to the public via a single, searchable website, which is
www.USASpendin. Grant Recipients awarded a new Federal grant greater
than or equal to $25,000 awarded on or after October 1, 2010 are subject to the
FFATA. The Grantee agrees to provide the information necessary, over the life
of this Agreement, for the Department to comply with this requirement.
42. 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, Florida Statutes, and other statutes that provide
immunity to the Department or the State.
43. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not perform work as a grantee, contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the Category Two
threshold amount provided in s. 287.017, Florida Statutes, for a period of 36
months from the date of being placed on the convicted vendor list.
44. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR,
Part 1400), the Grantee shall agree and certify that neither it, nor its principals, is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal
department or agency; and, that the Grantee shall not knowingly enter into any
lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction, unless
authorized in writing by USDOI to the Department. The Grantee shall include the
language of this section, in all subcontracts or lower tier agreements executed to
support the Grantee's work under this Project Agreement.
45. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of Florida. Wherever possible, each
provision of this Project Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable Florida law, such
provision shall be ineffective to the extent of such prohibition or invalidity, without
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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.
46. 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.
47. This Project Agreement is not intended nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
48. The Grantee agrees to comply with, and include as appropriate in contracts and
subgrants, the provisions contained in Attachment E, Contract Provisions,
attached hereto and made a part hereof. In addition, the Grantee acknowledges
that the applicable regulations listed in Attachment F, Regulations, attached
hereto and made a part hereof, shall apply to this Project Agreement.
49. 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.
50. The parties hereto acknowledge and agree that the provisions contained in
paragraphs 16, 23, 31, 32, and 33 shall extend beyond the end date of this
Project Agreement, as established in paragraph 1.
51. This Project Agreement represents the entire agreement of the parties. Any
alterations, variations, changes, modifications or waivers of provisions of this
Project Agreement shall only be valid when they have been reduced to writing,
duly executed by each of the parties hereto, and attached to the original of this
Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
D E P 55-239 (9/11)
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IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement
to be duly executed, the day and year last written below.
FLORIDA DEPARTMENT
OF ENVIRONMENT PROTECTION
CITY OF TAMARAC
By: ► vllJ/�lE
Division Director
Division of Recreation and Parks
and State Liaison Officer
(or designee)
Date: %1 6c� I )Z--
Address:
Office of Information and Recreation
Services (MS 585)
Division of Recreation and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
DEP Grant Manager
Approved as to form and legality for
use for one year by Reagan Russell,
Assistant General Counsel on
September 28, 2011.
Attachments:
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
AA tcVae � C s, Oe, r tt r. c�
Printed Name
/tAckvw4cl etooe-
Title
Date: 6 1% — ��
FEID No.: 59-1039552
Address:
City of Tamarac
7525 NW 88t" Avenue
Tamarac, Florida 33321
A Project Work Plan (1 Page)
B Special Audit Requirements (5 Pages)
C Certification of Applicability to Single Audit Act Reporting
(3 Pages)
D Disclosure of Lobbying Activities (2 Pages)
E Contract Provisions (3 Pages)
F Regulations (1 Page)
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ATTACHMENT A to Project Agreement
LAND AND WATER CONSERVATION FUND PROGRAM
DEVELOPMENT
PROJECT WORK PLAN
Project Name: Tamarac Mainlands Park Improvements Project
Grantee Name: City of Tamarac
Please list each project element along with its objective and estimated amount:
Project Element 1: Boardwalk/Water Observation Platform: $26,500 ($53,000 total est cost)
Project Element 2: Picnic Facilities- covered: $66,000 (total est cost: $16,500ea. X 8= $132,000)
Project Element 3: Exercise equip built for seniors: $16,000 (total est cost: $32,000)
Project Element 4: Landscaping: $21,000 (total est cost: $42,000)
Project Element 5: Restroom: $65,000 (total est cost: $130,000)
Project Element 6: Parking Lot: $5,500 (total est cost: $11,000)
The project reimbursement is limited to one (1) invoice upon completion of all Project Elements
shown above and submittal of all required documentation identified in the table below. Any changes
to the Project Elements will require an amendment to this Agreement.
Commencement Documentation required prior to Reimbursement Request
PERCENT
COMPLETION
FOR INVOICE
SUBMITTAL
ELEMENTS/WORK
TO BE
ACCOMPLISHED
AT THIS
COMPLETION
PERCENTAGE
ESTIMATED
INVOICE
AMOUNT FOR
REIMBURSEMENT
MATCH
AMOUNT
DOCUMENTATION
TO BE SUBMITTED
100 %
Project Elements 1-6
$200,000.00
$200,000.00
Project Completion
Certification
Final as -built site plan
Florida Recreation and
Parks Inventory Form
Color Photographs of
Project
Notice of Limitation of
Use
Boundary Survey
Final Payment Request
TOTAL FUNDING
AMOUNT
$200,000.00
$200,000.00
Completion Documentation required prior to Final Reimbursement Request
DEP Agreement No. LW595, Attachment A, Page 1 of 1
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ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Department of Environmental Protection (which may be
referred to as the "Department" "DEP" 7DEP" or "Grantor" or other name in the contract/agreement) to the
recipient (which may be referred to as the "Contractor" Grantee" or other name in the contract/agreement) may be
subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-13 3 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-13 3, as revised.
1. 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 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. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. 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).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http:H12.46.245.173/cfda/efda.html.
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PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 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.
2. In connection with the audit requirements addressed in Part I1, 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.
3. If the recipient expends less than $500,000 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 $500,000 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 https://apps.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.le,2�.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 http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(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
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
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DEP Agreement No. LW595, Attachment B, Page 2 of 5
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A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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-13 3, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
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:I/harvester.census.gov/'facl
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 at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. 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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09)
DEP Agreement No. LW595, Attachment B, Page 3 of 5
No Text
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directl . to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its 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 55-215 (03/09)
DEP Agreement No. LW595, Attachment B, Page 4 of 5
No Text
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ATTACHMENT C
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee Fiscal Year Period: FROM: TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
EO
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
69
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct.
Signature
Print Name and Position Title
DEP Agreement No. LW595, Attachment C, Page 1 of 4
Date
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0
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year. -
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP.
0
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT
SHOULD
BE
THE
TOTAL
FEDERAL
FINANCIAL
ASSISTANCE
EXPENDED
FROM ALL
FEDERAL
AGENCIES, NOT
JUST THROUGH DEP.
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date of the signature.
DEP Agreement No. LW595, Attachment C, Page 2 of 4
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CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
1. Question: Do I complete and return this form when I return my signed
Agreement/Amendment?
Answer: No, this form is to be completed and signed by your Chief Financial Officer
and returned 4 months after the end of your fiscal year.
2. Question: Can I fax the form to you?
Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411.
3. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system. This is just to let our Office of the Inspector General know which
entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit, only the Certification form.
4. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific
to DEP on the form.
5. Question: Do I have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$500!P00. If you would prefer to submit your audit (CAFR) instead of the form, that is
fine. You must submit a paper copy of your audit, we cannot receive it electronically.
6. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
2nd notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
DEP Agreement No. LW595, Attachment C, Page 3 of 4
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Answer: Yes, you can submit them by Email to Debbie. skeltonkdep. state. fl.us
DEP Agreement No. EW595, Attachment C, Page 4 of 4
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ATTACHMENT D
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
Approved by OMB
0348-0046
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post -award
d. loan
For Material Change Only:
e. loan guarantee
f. loan insurance
year quarter
date of last report
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter Name
and Address of Prime:
❑ Prime ❑ Subawardee
Tier , if known:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Entity
b. Individuals Performing Services (including address if
(f individual, last name, first name, MI):
different from No. IOa)
(last name, first name, MI):
(attach Continuation Sheets)
SF-LLLA, if necessary)
Signature:
11. Information requested through this form is authorized by title 31 U.S.C.
section 1352. This disclosure of lobbying activities is a material
Print Name:
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported to Congress
Title:
semi-annually and will be available for public inspection. Any person who
fails to file the required disclosure shall be subject to a civil penalty of not
Telephone No.: Date:
less than $10,000 and not more than $100,000 for each such failure.
Federal Use Only:
Authorized for Local Reproduction
Standard Form — LLL (Rev 7 — 97)
Form DEP 55-221 (01/01)
DEP Agreement No. LW595, Attachment D, Page 1 of 2
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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the lst tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the
report in item
4 checks
"Subawardee", then enter the full name, address,
city, state and zip code of the
prime Federal
recipient.
Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter
the
full names of the individual(s)
performing
services, and include full address if different
from 10
(a).
Enter Last Name, First Name,
and Middle
Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions
for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
Form DEP 55-221 (01/01)
DEP Agreement No. LW595, Attachment D, Page 2 of 2
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ATTACHMENT E
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 V2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
5. Rights to Inventions Made Under a Contract
or Agreement - Contracts or agreements for the
performance
of experimental, developmental, or
research work shall provide for the rights of the
Federal Government and the recipient in any resulting
invention in
accordance with 37 CFR part
401, "Rights
to Inventions Made by Nonprofit
Organizations and
Small Business Firms Under
Government
Grants, Contracts and Cooperative
Agreements," and
any implementing regulations
issued by the
awarding agency.
DEP Agreement No. LW595, Attachment E, Page 1 of 3
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6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and
subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of
the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 —1508 and 7324 — 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
DEP Agreement No. LW595, Attachment E, Page 2 of 3
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13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 1173 8; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood
hazards in floodplains in accordance with E.Q. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug -Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by
Public Law 105-85, Div. A. Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
2003, 68 FR 66534), which require that the recipient take steps to provide a drug -free workplace.
22. Compliance with the Buy American Act (41 U.S.C. 10a-10c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this Agreement should be American -made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g).
24. Compliance with the Americans with Disabilities Act (ADA) of 1990, Public Law 100-336,
American with Disabilities act Accessibility Guidelines at 28 CFR 36 and the Americans with
Disability Act Title II at 28 CFR 35. By accepting funds under this Agreement, the Grantee
agrees to comply with the provisions under the ADA regulations stated above.
DEP Agreement No. LW595, Attachment E, Page 3 of 3
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ATTACHMENT F
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which m2X apply to the work performed under this Agreement.
General
43 C.F.R. 17
Nondiscrimination in federally assisted programs of the DOI
Grants and Other Federal Assistance
43 C.F.R. 12
Subpart C -Uniform administrative requirements for grants and cooperative
agreements to state and local governments
43 C.F.R. 12
Subpart F -Uniform administrative requirements for grants and agreements with
institutions of higher education, hospitals and other nonprofit organizations
43 C.F.R. 18
New restrictions on lobbying
43 C.F.R. 43
Governmentwide requirements for drug -free workplace
Other Federal Regulations
2 C.F.R. 1400
Suspension and Debarment
48 C.F.R. 31
Contract Cost Principles and Procedures
Office of Management and Budget Circulars
A-21 (2 CFR 220)
Cost Principles for Educational Institutions
A-87 (2 CFR 225)
Cost Principles for State, Local, and Indian Tribal Governments
A-122 (2 CFR
230)
Cost Principles for Non -Profit Organizations
A-133
Audit
Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW595, Attachment F, Page 1 of 1
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