HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-246Page 1
Temp. Reso. #9494
8/20/01
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-246
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND THE CITY OF TAMARAC FOR GRANT FUNDING
IN THE AMOUNT OF $175,000 WITH A CITY CASH
MATCH OF $175,000 FOR A TOTAL PROJECT COST
OF $350,000 FROM THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
TO PROVIDE THE RESIDENTS AND VISITORS OF
TAMARAC ENHANCED PARKS AND RECREATION
PROGRAMS AT THE MCNAB ROAD PARK;
AMENDING THE GRANTS FUND BUDGET;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING 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 City Commission of the City of Tamarac via Resolution No.
R-2000-248 authorized an application in the amount of $175,000 to the Florida
Department of Environmental Protection (DEP) Florida Recreation Development
Assistance Program, providing for a City cash match of equal value for a total project
cost of $350,000 for the development of the McNab Road park; and
WHEREAS, the City of Tamarac's application to the DEP Florida Recreation
Development Assistance Program for grant funding in the amount of $175,000 to
develop the McNab Road park for public outdoor recreation use was approved for
funding; and
Page 2
Temp. Reso. #9494
8/20/01
WHEREAS, the City Manager and the Parks and Recreation Director
recommend approval of a Project Grant Agreement between the City of Tamarac
and the Florida Department of Environmental Protection Florida Recreation
Development Assistance Program providing for grant funding for development of the
McNab Road park; 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 execute
the Project Grant Agreement between the City and the Florida Department of
Environmental Protection Florida Recreation Development Assistance Program for
grant funding in the amount of $175,000 to enhance recreation and park facilities at
the McNab Road park in order to serve the needs of our residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The appropriate City Officials are herby authorized to execute the
Florida Department of Environmental Protection Florida Recreation Development
Assistance Program Project Grant Agreement — Development (DEP Contract
F0353), attached hereto as Exhibit 1, providing for grant funding in the amount of
Y
$175,000 with a City cash match of $175,000 for a total project cost of $350,000 for
improvements to the McNab Road park.
SECTION 3: The appropriate City Officials are hereby authorized to atnend
the grants fund budget in the amount of $175,000 and appropriate said funds
1
1
1
Page 3
Temp. Reso. #9494
8/20/01
including any and all subsequent budgetary transfers to be in accordance with
proper accounting procedures.
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
adoption.
PASSED, ADOPTED AND APPROVED this 12th day of September, 2001.
ATTEST:
MARION SVV5NSON, CMC
INIII cgs] 4:1CV:/
I HEREBY CERTIFY that I
have approved this
RES(bLUTION as to form.
iTCHELL S. K
CITY ATTORl'
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _Aye
DIST 1: COMM. PORTNER Ag
DISC: COMM. MISHKIN A er
UIST 3: V/M SULTANOF A M
DIST 4: COMM. ROBERTS A v
F0353
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this 1S:"- day of
Deceyi4 ey , 2001 , by and between the State of Florida, DEPARTMENT
of Environmental. Protection, hereinafter called the DEPARTMENT, and
the City of Tamarac, hereinafter called the GRANTEE, in furtherance of
an approved public outdoor recreation project. In consideration of
the mutual covenants contained herein and pursuant to section 375.075,
Florida Statutes, and chapter 62D-5, Part V, Florida Administrative
Code, the parties hereto agree as follows:
1. This Agreement shall be performed in accordance with section
375.075, Florida Statutes, and chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RULE.
The GRANTEE shall comply with all provisions of the RULE
effective August 23,2000, which is incorporated into this
Agreement as if fully set forth herein. It is the intent of
the DEPARTMENT and the GRANTEE that none of the provisions
of section 1.63.01, Florida Statutes, shall have application
to this Agreement.
2. The DEPARTMENT has found that public outdoor recreation is
the primary purpose of the project known as McNab Park
(Florida Recreation Development Assistance Program, FRDAP
Project Number F02353), hereinafter called the PROJECT, and
enters into this Agreement with the GRANTEE for the
development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in
the Florida Recreation Development Assistance Program
Page 1 of 11
•
•
Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034.
3. The GRANTEE shall construct, or cause to be constructed,
certain public outdoor recreation facilities and
improvements consisting of the following PROJECT elements
which may be modified by the DEPARTMENT if GRANTEE shows
good cause: Construction of: Playground, sunshade,
pavilion, restrooms and other related support facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis, to the
GRANTEE, funds not to exceed $175,000, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $175,000 50%
GRANTEE Match $1.75,000 500
Type of Match Cash
S. The PROJECT reimbursement request shall include all
documentation required by the DEPARTMENT for a proper pre -
audit and post -audit review. Within sixty (60) days after
receipt of the request, the DEPARTMENT'S 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 Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A037, referenced
in s. 62D-5.058(6)2(g), 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 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
PROCEDURE guidelines accounting for FRDAP funds disbursed
under the PROJECT. The parties further agree that the
principles for determining the eligible costs, supporting
Page 2 of 11
�J
•
documentation and minimum reporting requirements of the
PROCEDURE shall be used.
7. Allowable indirect costs shall not exceed 150 of the
GRANTEE'S eligible wages and salaries. Indirect costs that
exceed 15o must be approved in advance in writing by the
DEPARTMENT to be considered eligible PROJECT expenses.
8. 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 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.
9. 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, by
Comptroller's Memorandum No. 12 (1999-00) dated December 2,
2000, has been set at 11.096 per annum or .0003014°6 per day.
The revised interest rate for each calendar year beyond 2000
for which the term of this Agreement is in effect can 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.
10. It is understood by the parties that the amount of this
Agreement may be reduced should the Governor's Budget Office
Page 3 of 11
declare a revenue shortfall and assess a mandatory reserve.
Should a shortfall be declared, the amount of this Agreement
may be reduced by the same percentage as the DEPARTMENT is
assessed for the mandatory reserve.
11. PROJECT funds may be reimbursed for eligible pre -agreement
expenses (as defined in s. 62D-5.054(29) of the RULE)
incurred by GRANTEE prior to execution of this Agreement as
set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and
the GRANTEE fully understand and agree that there shall be
no reimbursement of PROJECT funds by the DEPARTMENT for any
expenditure made prior to the execution of this Agreement
with the exception of those expenditures which meet the
requirements of the foregoing sections of the RULE.
12. Prior to commencement of PROJECT development, the GRANTEE
shall submit the documentation required by the Florida
Recreation Development Assistance Program Development
Project Pre-reimbursement/Commencement Documentation Form,
DEP Form FPS-A034, referenced in s. 62D-D.058(6)(f) of the
RULE, to the DEPARTMENT upon determining that the
documentation complies with the RULE, the DEPARTMENT will
give notice to GRANTEE to commence the development and
approve the request for payment.
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 Permitting
Certification, FPS-A034, referenced in s. 62D-5.058(7)(c) of
the Rule.
14. This Agreement shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT elements
on or before Dec- 31 , 2ootj The GRANTEE may request up
to two (2) one (1) year extensions from the DEPARTMENT for
good cause at the written request of the GRANTEE and such
request must be made prior to the PROJECT completion date.
Project must be completed within 5 years, or money may
revert.
15. Project completion means the project is open and available
for use by the public. Project must be completed prior to
release of final reimbursement.
Page 4 of 11
•
1-1
16. Any local governmental entity, nonprofit organization, or
for --profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall:
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
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 Agreement; or
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 Agreement.
17. A copy of the audit or attestation as required in Paragraph
16, shall be submitted to the DEPARTMENT within one (1) year
from the PROJECT completion date as set forth in the PROJECT
completion certificate.
18. In addition to the provisions contained in Paragraph 16
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 Agreement for purposes of assisting
the Grantee in complying with the requirements of Attachment
1. If the Grantee fails to receive a revised copy of
Attachment 1, Exhibit-1, the Grantee shall notify the
Department's Contracts Administrator at 850/488-7896 to
request a copy of the updated information.
19. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT for the GRANTEE'S non-
compliance with this 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
Following receipt of an audit report identifying the
DEPARTMENT. The DEPARTMENT, following a review of the
Page 5 of 11
documentation submitted by the GRANTEE, will inform the
GRANTEE of any reimbursement due the DEPARTMENT.
20. 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.
21. The DEPARTMENT'S Contract Manager for the purpose of this
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, as
identified in the PROJECT application, or successor, shall
act on behalf of the GRANTEE relative to the provisions of
this 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 Department
Diane Phillips Lynda Wynn
City of Tamarac Dept. of Environmental Protection
7525 Northwest 88th Avenue 3900 Commonwealth Blvd., MS 585
Tamarac, Florida 33321 Tallahassee, Florida 32399-3000
22. 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 Florida
Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
23. The DEPARTMENT has the right to inspect the PROJECT and any
and all records related thereto at any reasonable time.
Page 6 of 11
24. This 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 Agreement pursuant
to the provisions of Chapter 119, Florida Statutes.
25. The DEPARTMENT shall also have the right to demand a refund,
either'in whole or in part, of the FRDAP funds provided to
the GRANTEE for non-compliance with the material terms of
this 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.
26. 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 Agreement.
27. Land owned by the GRANTEE, which is developed or acquired
with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site by the GRANTEE for the use and
benefit of the public as stated in Administrative Rule 62D-
5.059(2). Land under control other than by ownership of the
GRANTEE such as by lease, shall be dedicated as an outdoor
recreation area for the use and benefit of the general
public for a minimum period of twenty-five (25) years from
the completion date set forth in the PROJECT completion
certificate. All dedications must be recorded in the public
property records by the GRANTEE. Such PROJECT shall be open
at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
28. Failure to comply with the provisions of the RULE or the
terms and conditions of this Agreement will result in
cancellation of the Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE
Page 7 of 11
or this Agreement a notice in writing of the particular
violations stating a reasonable time to comply. Failure to
comply within the time period state in the written notice
shall result in cancellation of the Agreement and may result
in the imposition of the terms in Paragraph 25.
29. In the event of conflict in the provisions of the Rule, the
Agreement and the Project Application, the provisions of the
Rule shall control over this Agreement and this Agreement
shall control over the Project Application documents.
30. 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 AGREEMENT.
31. The State of Florida's performance and obligation to pay
under this Agreement is contingent upon an annual
appropriation by the Florida Legislature.
32. This Agreement strictly prohibits the expenditure of FRDAP
funds for the purpose of lobbying the Florida Legislature,
the judicial branch, or a state agency.
33. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability level, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
34. 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.
35. 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 Agreement. The GRANTEE
shall be responsible for including this provision in all
Page 8 of 11
subcontracts with private organizations made to perform this
Agreement.
36. 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.
37. The Agreement has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida.
wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this Agreement
shall be prohibited or invalid under applicable law, such
provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of
this Agreement. Any action hereon or in connection herewith
shall be brought in Leon County, Florida unless prohibited
by law.
38. No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either
party under this 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.
39. This 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.
40. This Agreement is an exclusive contract and may not be
assigned in whole or in part without the written approval of
the Department.
41. This Agreement represents the entire agreement of the
parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement
Page 9 of 11
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 Agreement.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 10 of 11
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 D1.rector (or Designee)
Division of Recreation and Parks
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
DEP Con act Manager
CITY OF TAMARAC
By:;
SeffrAt L. Miller, City Manager
City of Tamarac, Florida
Schreiber, Mayor
ity of Tamarac, Florida
Address:
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Approved as to Form and Legality: C,r ntee Attor e
This form has been pre -approved as to l- Mitchell Kraf City Attorney
form and legality by Suzanne Brantley, City of Tamarac,Florida
Assistant General Counsel, on
June 6, 2001 for use for one year.
DEP 42-058
Revised 05-18-2001
Page 11 of 11
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", 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 contracdagreement) 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 stall, 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 1: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $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. EDIT I to this agreement indicates Federal funds awarded through the Department of
Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the
recipient shall consider all sources of Federal awards, including Federal 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.
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
intemet at http://aspq.os.dhiis.goy/efda.
PART H: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
•
In the event that the recipient expends a total amount of State 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 II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
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).
4. 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 Governor's Office located at http://sun6.dms.state.fl.us/fsaa/ for
assistance. In addition to the above website, the following websites may be accessed for information: Legislature's
Website htt ://a,%Nlv,le .statc.fl.us/, Governor's Website http://wtiwv.flgov.com/, Department of Banking and
Financds Website http://mr�Niv.dbfstate.1l.us/aadir/FSAAlndex.btrn], and the Auditor General's Website
http://,sun6.dn-is.state.fl.us/apdZen.
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 full 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:
Lynda Wynn
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
! ti S
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:
Lynda Wynn
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
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:
Lynda Wynn
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
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
I I I 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:
11
•
4'
Lynda Wynn
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
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 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
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
•
v
C1h
a
o
z m
w
p
fD CIq.
oil
O
CD
C
f»
�
co
CD
G
a�
o
.
n
r
O
N
o
O
'=1
N
�
N
�
A
o
wza�?
w
CD
4
0
CL
...
O
�
o
eCTQ
W
e
o
C7 CD `
CD
n
�b
p.
CA
G
p
G
N
�O
v
"rJ
G
b9
�
v
VQt
Q
O
O
O
�
'*
Q
a
n�
o �• cv
N
o•
w
m
0
O.
T
R
O
a
A
Po
0
0
n
�
C
p
O
r"p=7
�O
G
ra
O
G
G
a
nb
� o �
0
z 7 ;p
Oil
i
D' phi
O
CA
w
O
a
ry
C
m
d
G �
G6
G•
.7
M
M
n
cp
G
d
A.
G
a
O
G
G
a
1b
F;0—
C9 'b w
o•
x
H
41`
�: 1 1 Department of
Environmental
Protection
Marjory Stoneman uougias uuliaing
Jeb Bush 3900 Commonwealth Boulevard
Governor Tallahassee, Florida 32399-3000
December 12, 2002
Ms. Diane Phillips
Special Projects Coordinator
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Re: ' McNab Park
FRDAP Project No. F02353
Dear Ms. Phillips:
David B. Struhs
Secretary
The attached project file contains the fully executed agreement. We have provided this file for
your use and hope it will be helpful in complying with the administrative requirements of this
grant.
The file is divided into two sections. The first section contains the grant agreement and grant
accountability policy. Please review and familiarize yourself with each document. The second
section includes a status report form, which may be duplicated for use each month, reimbursement
request forms and the documentation due upon completion of the project, with several examples.
We also would like to remind you of the following:
Construction or acquisition can not begin until all commencement documentation has been
received and approved by this office. This process should be completed by
May 1, 2002.
2. For development projects, the Department shall retain not less then 10% of the grant
award until the Grantee completes the project and staff completes an on -site inspection.
3. Quarterly status reports are required (due January 5, April 5, July 5 and October 5).
Please summarize work accomplished and any problems encountered.
4. The project should be completed before the completion date set forth in the grant
agreement and all reimbursement requests submitted within thirty days after completion.
"More Protection, Less Process"
Printed on recycled paper.
Ms. Diane Phillips
Page Two
December 12, 2001
5. If the project cannot be completed on time, a written request for a short extension should
be submitted at least sixty (60) days prior to the completion date. Please state the reason
for the extension and the additional time needed to complete the project.
If you have any questions, please contact our office at (850) 488-7896 / SUNCOM
278-7896. We look forward to working with you on this valuable project.
Sincerely,
V
Rita F. Ventry
Community Assistant Consultant
Bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station #585
RFV/lp
Enclosure