HomeMy WebLinkAboutCity of Tamarac Resolution (71)Temp. Reso. #9722
March 4, 2002
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-071
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA ACCEPTING A GRANT IN THE
AMOUNT OF $150,000 FROM THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION LAND AND WATER
CONSERVATION FUND; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF TAMARAC AND THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION LAND AND WATER
CONSERVATION FUND PROGRAM IN THE AMOUNT OF
$150,000, PROVIDING FOR A CASH MATCH OF $150,000
FOR A TOTAL PROJECT COST OF $300,000; 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, Resolution R-2001-187of the City Commission of the City of Tamarac
authorized an application to the Division of Recreation and Parks of the Florida Department
of Environmental Protection (DEP) for a Land and Water Conservation Fund (LWCF) grant
in the amount of $150,000 with a City cash match in the amount of $150,000 for a total
project cost of $300,000 for the acquisition of Parcel R, located adjacent to the Tamarac
Sports Complex; and
WHEREAS, the Florida Department of Environmental Protection has approved the
City's grant application in the amount of $150,000 and requires execution of the Project
Temp. Reso. #9722
March 4, 2002
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Agreement hereto attached as Exhibit A; and
WHEREAS the City Manager and Parks and Recreation Director recommend
acceptance of grant funds and execution of the Project Agreement between the City of
Tamarac and the Florida Department of Environmental Protection relating to said grant
funding; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept the grant
funding for Parcel R and execute the DEP Land and Water Conservation Fund Program
Project Agreement in the amount of $150,000 for the acquisition of Parcel R; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac hereby accepts the grant
award in the amount of $150,000 from the Florida Department of Environmental Protection
Land and Water Conservation Fund.
SECTION 3: The appropriate City Officials are hereby authorized to execute the
Florida Department of Environmental Protection Land and Water Conservation Fund
Program Fiscal Year 2000-2001 Project Agreement in the amount of $150,000 with a local
cash match in the amount of $150,000 for a total project cost of $300,000 toward
acquisition costs of Parcel R, a copy of which is hereto attached as Exhibit A.
Temp. Reso. #9722
March 4, 2002
Page 3
SECTION 4: All resolutions or parts of 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
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED, AND APPROVED this 13th day of March, 2002.
1
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
R'bSOOUTION as tp form.
ITCHELL S. N
CITY ATTOR
u
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Ayei
DIST 1: COMM. PORTNER Alyea
DIST 2: COMM. MISHKIN Ayei
DIST 3: V/M SULTANOF Myer
D,1ST 4: COMM. ROBERTS A -ye,
12-00422
(LWCF Project Number)
LW422
DEP Contract Number
CFDA Number: 15-916
CFDA Title: LWCF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FISCAL YEAR 2000-2001
PROJECT AGREEMENT - ACQUISITION
This Project Agreement is entered into on this 11�) day
of VM0-h Qh , 2002�, by and between the Florida Department of
Environmental Protection, (hereinafter called the Department, and the
City of Tamarac (hereinafter called the Grantee, in furtherance of an
approved outdoor recreation Project.
WHEREAS, the Department is given the authority to receive funds
for the purpose of passing through the agency as grants to other
entities in Section 375.021(4), Florida Statutes,
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
176, which has been approved by the Department;
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall be performed in accordance with
chapter 62D-5, Part VII, Florida Administrative Code, (hereinafter
called the Rule), the Land and Water Conservation Fund (LWCF) Act of
1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called
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the Program), and in accordance with general provisions for such
agreements prescribed by the United States Department of the Interior
(hereinafter called the USDI) in the LWCF Grants Manual, (hereinafter
called the Manual). The Grantee agrees to become familiar with all
provisions and comply with the Rule, effective July 15, 2001, and
Manual, which are incorporated into this Project Agreement by
reference, as if fully set forth herein. In the event a dispute
should arise between the parties concerning the intent of any language
herein contained, the same shall be resolved by the adoption of that
meaning which furthers the intent and purpose of the above referenced
Acts of Congress and the general provisions governing this Project
Agreement as set forth in the Manual. No construction shall be
contrary to the requirements of the Acts of Congress or of the
regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is
the primary purpose of the project known as Tamarac Sports Complex,
Phase II (Land and Water Conservation Fund, LWCF Project Number 12-
00422), hereinafter called the Project, and enters into this Project
Agreement with the Grantee for the acquisition of that real property,
the legal description of which shall be submitted to the Department as
described in the Land and Water Conservation Fund Program Approved
Project Documentation Form, DEP Form FPS-A048.
3. Within three years from the completion date set forth in the
Project completion certificate, unless extended by the Department
staff for good cause at the written request of the Grantee, the
Grantee will construct, or cause to be constructed, certain public
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outdoor recreation facilities and improvements in accordance with the
following development elements: soccer fields hockey rink, picnic
facilities, rest room and other support facilities.
4. The Project Elements identified in Paragraph 3 herein 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 accord with current and
established engineering and architectural standards and practices.
Emphasis should be given to the health and safety of users,
accessibility to the general public, and the protection of the
recreational and natural values of the area. The Project Elements may
be altered by the Grantee, only after approval by the Department. Any
and all utility lines installed within the park shall be placed
underground.
5. The Department shall transfer, on a reimbursement basis to the
Grantee, the eligible Grant amount not to exceed $ 150,000, which
will pay said Program's share of the cost of the Project. Program
fund limits are based upon the following:
Total Program
Amount
$
150,000
Grantee Match
Amount
$
150,000
Total Project
Cost
$
300,000
Type of Match Cash
The Project reimbursement request shall include all documentation
required by the Department for a proper pre -audit and post -audit
review. Within sixty (60) days after receipt of the request, the
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Department's Contract Manager shall review the completion
documentation and payment request from the Grantee for the Project. If
the documentation is sufficient and meets the requirements of the Land
and Water Conservation Fund Program Completion Documentation Form, DEP
Form FPS-A051, referenced in s. 62D-5.073(7)(e)2, the Department will
approve the request for payment.
6. The Grantee agrees to comply with the Division of Recreation
and Parks' Grant and Contract Accountability Procedure, hereinafter
called the Procedure and incorporated into this Project Agreement by
reference as if fully set forth herein. All purchases of goods and
services for accomplishment of the Project shall be secured in
accordance with the Grantee's adopted procurement procedures.
Expenses representing the Project costs, including the required
matching contribution, shall be reported to the Department and
summarized on certification forms provided in the Procedure. The
Department and Grantee agree to use the Procedures guidelines
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.
7. Pursuant to s. 215.422, Florida Statutes, the Department's
Project Manager shall have five (5) working days, unless otherwise
specified herein, to inspect and approve the payment requests for
payment. The Department must submit a request for payment to the
Florida Department of Banking and Finance within twenty (20) days; and
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the Department of Banking and Finance has fifteen (15) days to issue a
warrant. Days are calculated from the date the invoice is received or
the date the services are received, inspected, and approved, whichever
is later. Invoice payment requirements do not start until a complete
and correct invoice has been received. Invoices which have to be
returned to the Grantee for correction(s) will result in a delay in
the payment. A Vendor Ombudsman has been established within the
Florida Department of Banking and Finance who may be contacted if a
contractor is experiencing problems in obtaining timely payment(s)
from a State of Florida agency. The Vendor Ombudsman may be contacted
at (850)410-9724 or (800)848-3792.
8. In accordance with s. 215.422, Florida Statutes, the
Department shall pay the Grantee interest at a rate as established by
s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in
payment of an invoice is not issued within 40 days after receipt of a
correct invoice and receipt, inspection, and approval of the goods and
services. Interest payments of less than $1 will not be enforced
unless the Grantee requests payment. The interest rate established
pursuant to s. 55.03(1), Florida Statutes, may be obtained by calling
the Department of Banking and Finance, Vendor Ombudsman at the
telephone number provided above or the Department's Contracts Section
at 850/922-5942.
9. All monies expended by the Grantee for the purpose
contained herein shall be subject to pre -audit review and approval by
the Comptroller of Florida in accordance with s. 17.03, Florida
Statutes.
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10. If the Grantee has been granted a waiver of retroactivity
(as defined in s. 62D-5.068 (47) of the Rule) and all applicable
Manual requirements have been satisfied, the full Program amount may
be reimbursed upon completion of the Project if such costs are
identified in paragraph 12 herein as eligible costs incurred prior to
execution of this Project Agreement.
11. The Department and Grantee fully understand and agree that
there will be no reimbursement of funds by the Department for any
obligation or expenditure made prior to the execution of the Project
Agreement with the exception of $0 for: n/a.
12. Prior to commencement of Project acquisition, the Grantee
shall submit the documentation required by the Land and Water
Conservation Fund Program Acquisition Project Commencement
Documentation Form, DEP Form FPS-A050, referenced in s. 62D-
5.073(7)(e) of the Rule, to the Department. Upon determining that the
documentation complies with the Rule, the Department will give written
notice to Grantee to commence the development and approve the request
for payment.
13. The Grantee shall complete all Project acquisition by the
completion date,
14. Any local governmental entity, nonprofit organization, or
for -profit organization that is awarded funds from a grants and aids
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appropriation by a state agency shall:
a: If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to s. 11.45, Florida Statutes; or
b: If the amounts received exceed $25,000, but do not exceed
$100,000, have an audit performed in accordance with the rules of the
Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or
have a statement prepared by an independent certified public
accountant which attests that the receiving entity or organization has
complied with the provisions of this Project Agreement; or
c: If the amounts received do not exceed $25,000, have the head
of the entity or organization attest, under penalties of perjury, that
the entity or organization has complied with the provisions of this
Project Agreement.
15. A copy of the audit or attestation as required in Paragraph
14, shall be submitted to the Department within one (1) year from the
Project completion date as set forth in the Project completion
certificate.
16. In addition to the provisions contained in Paragraph 14
above, the Grantee shall comply with the applicable provisions
contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1,
must be provided to the Grantee with each amendment which authorizes a
funding increase or decrease. The revised Exhibit-1 shall summarize
the funding sources supporting the Project Agreement for purposes of
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assisting the Grantee in complying with the requirements of Attachment
1. If the Grantee fails to receive a revised copy of Attachment 1,
Exhibit-1, the Grantee shall notify the Department's Contracts
Administrator at 850/488-7896 to request a copy of the updated
information.
17. 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.
18. The Grantee shall retain all records supporting Project
costs for three (3) years after the fiscal year in which the final
Project payment was released by the Department or until final
resolution of matters resulting from any litigation, claim or audit
that started prior to the expiration of the three-year retention
period. The Department, State Auditor General, State Comptroller and
other agencies or entities with jurisdiction shall have the right to
inspect and audit the Grantee's records for said Project within the
three-year retention period.
19. The Department's Contract Manager for the purpose of this
Project Agreement shall be responsible for ensuring performance of its
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terms and conditions and shall approve all reimbursement requests
prior to payment. The Grantee's Liaison Agent, 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 delivered to the parties
at the following addresses:
Grantee
Diane Phillips, Assistant to the City Manager Mitch Kraft, City Attorney
City of Tamarac City of Tamarac
7525 NW 88`h Avenue 7525 NW 88`h Avenue
Tamarac, FL 33321 Tamarac, FL 33321
Department
Collier Clark, Contract Manager
Department of Environmental Protection
3900 Commonwealth Boulevard, MS 585
Tallahassee, Florida 32399-3000
20. Prior to final reimbursement, the Grantee must erect a
permanent information sign on the Project Site which credits Project
funding or a portion thereof, from the Land and Water Conservation
Fund Program through the USDI and the Department.
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21. The Department and USDI have the right to inspect the
Project and any and all records related thereto at any reasonable
time.
22. This Project Agreement may be unilaterally canceled by the
Department in the event the Grantee refuses to allow public access to
all documents, papers, letters or other materials made or received in
conjunction with this Project Agreement pursuant to the provisions of
Chapter 119, Florida Statutes.
23. Prior to closing the Project, the Department shall have the
right to demand a refund, either in whole or in part, of the LWCF
funds provided to the Grantee for non-compliance with the material
terms of this Project Agreement. The Grantee, upon such written
notification from the Department, shall refund, and shall forthwith
pay to 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.
24. If the United States, acting through the USDI, 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 refund and will forthwith repay directly to the Department the
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amount of money demanded.
25. The Grantee shall comply with all federal, state and local
rules, regulations and ordinances in acquiring and developing this
Project. The Grantee acknowledges that this requirement includes
compliance with all federal, state and local health and safety rules
and regulations including all applicable building codes. The Grantee
further agrees to ensure that the Grantee's contract will include the
requirements of this paragraph in all subcontracts made to perform
this Project Agreement.
26. Competitive open bidding and purchasing for construction of
said Project facilities or improvements shall comply with all
applicable laws and the Manual. Following completion of Project
construction, the Grantee's Liaison Agent shall provide the Department
with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the
Manual.
27. If asphalt paving is required for the Project it shall
conform to the Florida Department of Transportation's specifications
for road and bridge construction. Bid specifications, contracts
and/or purchase orders of the Grantee must specify thickness of
asphalt and square yards to be paved.
28. By acceptance of the provisions of this Project Agreement,
the Grantee does hereby agree to dedicate the Project site and all
land within the Project boundaries, identified in Paragraph 2 herein,
in perpetuity as an outdoor recreation site for the use and benefit of
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the public, as stated in s. 62D-5.074(1) of the Rule. The Parties
further agree that the execution of this Project Agreement by the
Department shall constitute an acceptance of said dedication on behalf
of the general public of the State of Florida. The Grantee represents
that it has sufficient site control to enable this dedication. All
dedications must be promptly recorded in the public property records
by the Grantee.
29. The Grantee agrees to operate and maintain the Project Site
as stated in s. 62D-5.074(2) of the Rule. The Project Site, Project
related facilities and any future outdoor recreation facilities
developed on the Project Site shall be open to the general public for
outdoor recreation use, maintained in accordance with applicable
health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants
that it has full legal authority and financial ability to develop,
operate and maintain said Project related facilities and improvements
as specified within the terms of this Project Agreement. The Grantee
shall obtain Department approval prior to any and all current or
future development of facilities on the Project Site, if said
development is not described in Paragraph 3 herein.
30. The Grantee shall not, for any reason, convert all or any
portion of the park for any purpose other than outdoor recreation
without prior approval of the USDI pursuant to Section 6(f)(3) of the
LWCF Act and the Manual and s. 62D-5.074(3) of the Rule.
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31. Failure to comply with the provisions of the Rule or the
terms and conditions of this Project Agreement will result in
cancellation of the Project Agreement by the Department. The
Department shall give the Grantee in violation of the Rule or this
Project Agreement a notice in writing of the particular violations
stating a reasonable time to comply.
32. In the event of conflict in the provisions of the Rule, the
Project Agreement, and the Project Application, the provisions of the
Rule shall control over this Project Agreement and this Project
Agreement shall control over the Project Application documents.
33. If the Department determines that site control is not
sufficient under the Rule the Department shall give the applicant a
notice in writing and a reasonable time to comply. If the deficiency
cannot be reasonably corrected within the time specified in the
notice, the Department shall cancel this Project Agreement.
34. In accordance with the LWCF Act, Program funds will be made
available contingent upon an annual appropriation to each State by
Congress.
35. This Project Agreement strictly prohibits the expenditure of
Program funds for the purpose of lobbying the legislative, judicial,
or executive branch of local, state, or federal government.
36. No person -on the grounds of race, creed, color, national
origin, age, sex, marital status or disability, shall be excluded from
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participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this Project
Agreement.
37. Each party hereto agrees that it shall be solely responsible
for the wrongful acts of its employees and agents. However, nothing
contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of s. 768.28, Florida Statutes.
38. The employment of unauthorized aliens by any Grantee is
considered a violation of s. 274A(e) of the Immigration and
Nationality Act. If the Grantee knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of
this Project Agreement. The Grantee shall be responsible for
including this provision in all subcontracts with private
organizations made to perform this Project Agreement.
39. A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not
perform work as a grantee, contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold
amount provided in s. 287.017, Florida Statutes, or Category Two, for
a period of 36 months from the date of being placed on the convicted
vendor list.
40. The Project Agreement has been delivered in the State of
Florida and shall be construed in accordance with the laws of Florida.
Page 14 of 17
Wherever possible, each provision of this Project Agreement shall be
interpreted in such manner as to be effective and valid under
applicable Florida law, but if any provision of this Project Agreement
shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining
provisions of this Project Agreement. Any action hereon or in
connection herewith shall be brought in Leon County, Florida unless
prohibited by applicable law.
41. No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either party under
this Project Agreement, shall impair any such right, power or remedy
of either party; nor shall such delay or failure be construed as a
waiver of any such breach or default, or any similar breach or default
thereafter.
42. This Project Agreement is not intended nor shall it be
construed as granting any rights, privileges, or interest in any third
party without mutual written agreement of the parties hereto.
43. This Project Agreement is an exclusive contract and may not
be assigned in whole or in part without the written approval of the
Department.
44. This Project Agreement represents the entire agreement of
the parties. Any alterations, variations, changes, modifications or
waivers of provisions of this Project Agreement shall only be valid
Page 15 of 17
when they have been reduced to writing, duly executed by each of the
parties hereto, and attached to the original of this Project
Agreement.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 16 of 17
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By.
Division Director (or Designee)
Division of Recreation and Parks
And State Liaison Officer
CITY OF TAMARAC
By. � • %� GG,.ti..
Person th rized to Sign
Jeffrey L. Miller
Printed Name
City Manager
Title
Address: Address:
Bureau of Design and Recreation Services City of Tamarac
Division of Recreation and Parks NW 88th Avenue
Ta ra
3900 Commonwealth Boulevard FL h 33321
Mail Station 585 By; Ot_�
Tallahassee, Florida 32399-3000 e son Authorized to Sign
DEP Contract Manager
Toe Schr iher
Printed Name
r
e
Approved as to Form and Legality: I,/This form has been pre -approved a to Grantee Atto n
tVy
form and legality by Jerome I. Joh on, Mitchell S. Kraft
Assistant General Counsel, on City Attorney
February 7, 2002, for use for one year.
FPS-A053
Revised 02/07/02
Page 17 of 17
DA21
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of funds 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
maybe 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 section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, 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 Comptroller or Auditor
General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department of
Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the
recipient shall consider all sources of Federal awards, including Federal funds 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 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 $300,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. 'In the event that the recipient expends
less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal funds
(i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at httR:Hasae os.dhhs.sov/cfda.
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)0), Florida Statutes.
DEP Contract No. XXX, Attachment _, Page 1 of 5
In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to
the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient,
the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and
Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded
through the Department of Environmental Protection by this agreement. In determining the State awards
expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds
received from the Department of Environmental Protection, except that State awards received by a nonstate
entity for Federal program matching requirements shall be excluded from consideration.
2. In connection with the audit requirements addressed in Part H, 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
reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of .the
Auditor General.
3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends
less than $300,000 in State awards 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 non -State funds (i.e., the
cost of such an audit must be paid from recipient funds obtained from other than State entities).
For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance
(CFSA), a recipient should access the website for the Governors Office located at http://sun6.dms.state.fl.uslfsaa/ for
assistance. In addition to the above website, the following websites may be accessed for information: Legislature's
Website http://www.leg.state.fl.us/, Governor's Website http://www.flgov.conV, Department of Banking and
Finance's Website http://www.�bEstate.fl.us/aadir/FSAAlndex.htm], state.fl.us/aadir/FSAAlndex.htm], and the Auditor General's Website
htti)://sun6.dms.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of
State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such
an event, the State agency must arrange for funding the fill cost of such additional audits. This part would be used
to specify any additional audit requirements imposed by the State agency that are solely a matter of that State
agency'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).)
PART IV: REPORT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required
by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Collier Clark
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard., Mail Station # 585
Tallahassee, Florida 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
DEP Contract No. XXX, Attachment -1, Page 2 of 5
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting
package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by
the auditor, to the Department of Environmental Protection at each of the following addresses:
Collier Clark
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard., Mail Station # 585
Tallahassee, Florida 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the
recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Collier Clark
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard., Mail Station # 585
Tallahassee, Florida 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on
behalf of the recipient directly to the Department of Environmental Protection at each of the following
addresses:
DEP Contract No. XXX, Attachment -1, Page 3 of 5
Collier Clark
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard., Mail Station # 585
Tallahassee, Florida 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable.
6. Recipients., when submitting audit reports to the Department of Environmental Protection for audits done in
accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the
audit report.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of 3 (specify appropriate number of years, should be at least three years) years from the date the audit
report is issued, and shall allow the Department of Environmental Protection or its designee, 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, upon request for a period of 3 (specify appropriate number of years,
should be at least three years and be equivalent to the number of years identified above) 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 Contract No.:XXX, Attachment -1, Page 4 of :5
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