HomeMy WebLinkAboutFL Dept of Environmental Protection Project Agmt.Z ego Co - ?~ l0 3 S S-
DEP Agreement No. i~8187
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2007-08) -Development
This PROJECT AGREEMENT is made and entered into this ~ " day of
~~ 2007, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY
OF MIAMI BEACH, hereinafter called the GRANTEE, a local government, in furtherance
of an approved public outdoor recreation project. In consideration of the mutual
covenants contained herein and pursuant to section 375.075, Florida Statutes, and
chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 62D-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Flamingo Park Tennis Renovations (Florida
Recreation Development Assistance Program (FRDAP), FRDAP Project Number
F08187),. hereinafter called the PROJECT, and enters into this PROJECT
AGREEMENT with the GRANTEE for the development of that real property, the
legal description of which shall be submitted to the DEPARTMENT as described
in the Florida Recreation Development Assistance Program Development Project
Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-
A034.
3. All forms referenced in this PROJECT AGREEMENT may be found at
www.den.state.fl.us/narks/oirs. Further, the GRANTEE will also receive all
applicable forms for administration of project with GRANTEE'S copy of the fully
executed PROJECT AGREEMENT.
DEP Agreement No. F8187, Page 1 of 10
DEP 55-231 (0.5107)
4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor
recreation facilities and improvements consisting of the following PROJECT
ELEMENTS: Renovation of tennis courts, lighting, landscaping and other related
support facilities. These PROJECT ELEMENTS may be modified by the
DEPARTMENT if the GRANTEE shows good cause and the DEPARTMENT
approves the modification.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT'S share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: 5200.000.00 50%
GRANTEE Match: $200,000.00 50%_ _
Type of Match: Cash/ln-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT'S Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 620-
5.058(7)(d) of the RULE, the DEPARTMENT will approve the request for
payment.
7. fn addition to the invoicing requirements contained in the paragraph above, the
DEPARTMENT will periodically request proof of a transaction (such as invoice or
payroll register)' to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines).
When requested, this information must be provided within thirty (30) calendar
days of the date of such request. The GRANTEE may also be required to submit
a cost allocation plan to the DEPARTMENT in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http://www.fldfs.com/nadir/reference%5Fguide, which GRANTEE shall follow .
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if
fully set forth herein. A copy of this PROCEDURE has been provided with this
PROJECT AGREEMENT and may also be found at
http:l/www_dep.state.fl.us/parks/Dirs. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's procurement procedures. Expenses representing the PROJECT
DEP Agreement No. F8187, Page 2 of 10
DEP 55-231 (05!07)
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 for accounting for FRDAP funds disbursed for the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE'S eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this PROJECT
AGREEMENT is contingent upon an annual appropriation by the Legislature. The
GRANTEE understands that this PROJECT AGREEMENT is not a commitment
of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall
be subject to pre-audit review and approval by the State of Florida Chief
Financial Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9)
of the RULE. The DEPARTMENT and the GRANTEE fully understand and
agree that there shall be no reimbursement of PROJECT funds by the
DEPARTMENT for any expenditure made prior to the execution of this
PROJECT AGREEMENT with the exception of those expenditures which meet
the requirements of the foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursemenUCornmencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to
GRANTEE to commence the development.
DEP Agreement No. F8187, Page 3 of 10
DEP 55-231 (OS/07)
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the PROJECT construction and shall certify that
it has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution by both
parties and the GRANT shall complete construction of all PROJECT
ELEMENTS on or before ~ ,~4 DI ~~ (hereinafter referred to as the
PROJECT completion date), t which time all payment requests and completion
documentation will be due to the DEPARTMENT.
17. Project completion means the PROJECT is open and available for use by the
public. PROJECT must be designated complete prior to release of final
reimbursement. See Rule 62D-5.054(41}.
18. The GRANTEE shall maintain books, records and documents directly pertinent to
performance under this PROJECT AGREEMENT in accordance with generally
accepted accounting principles consistently applied, including the PROCEDURE.
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 years following PROJECT AGREEMENT completion
or resolution of any dispute arising under this PROJECT AGREEMENT. In the
event any work is subcontracted, the GRANTEE shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
19. A. In addition to the requirements of the preceding paragraph, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1,
Special Audit Requirements, attached hereto and made a part hereof.
Exhibit 1 to Attachment 1 summarizes the funding sources supporting
the PROJECT AGREEMENT for purposes of assisting the GRANTEE in
complying with the requirements of Attachment 1. 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 to request a copy of the updated
information.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F8187, Page 4 of 10
DEP 55-231 (05/07)
B. The GRANTEE is hereby advised that the Federal andlor 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 1, 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/Subrecipient vs. Vendor
Determination" (form number DFS-A2-NS) that can be found under the
"LinkslForms" section appearing at the following website:
hags:!/a ggs. 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.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as being
due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the final
reimbursement due the DEPARTMENT.
21. The GRANTEE warrants and represents that it is self-funded for liability
insurance, appropriate and allowable under Florida law, and that such self-
insurance offers protection applicable to the GRANTEE'S officers, employees,
servants and agents while acting within the scope of their employment with the
GRANTEE.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this PROJECT AGREEMENT is
not protected under Workers' Compensation statutes, the GRANTEE shall
provide, and cause each subcontractor to provide, adequate insurance
satisfactory to the DEPARTMENT, for the protection of its employees not
otherwise protected.
DEP Agreement No. F8187, Page 5 of 10
DEP 55-231 (05!07)
23. The GRANTEE covenants that it presently has no interest and shall not acquire
any interest which would conflict in any manner or degree with the performance
of services required.
24. The purchase of non-expendable equipment is not authorized under the terms of
this PROJECT AGREEMENT.
25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT'S Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE'S Grant Manager, identified in paragraph 26, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5`", May 5`", and September 5`" of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished shall
be submitted when the DEPARTMENT requests them.
26. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by certified mail to the parties at the following
addresses:
GRANTEE'S Grant Manager DEPARTMENT'S Grant Manager
Ms. Judy Hoanshelt Mary Ann Lee
Grants Manager Florida Department of Environmental
1700 Convention Center Drive Protection
Miami Beach, FL 33139 3900 Commonwealth Btvd., MS585
Tallahassee, Florida 32399-3000
27. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
28. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
29. 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,
Florida Statutes.
DEP Agreement No. F8187, Pagc 6 of 10
DEP 55-231 (OSJ07)
30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any
time in the event of the failure of the GRANTEE to fulfill any of its
obligations under this PROJECT AGREEMENT. Prior to termination, the
DEPARTMENT shall provide thirty (30) calendar days written notice of its
intent to terminate and shall provide the GRANTEE an opportunity to
consult with the DEPARTMENT regarding the reason(s) for termination.
B. The DEPARTMENT may terminate this PROJECT AGREEMENT after
three years if the Governor does not approve certification forward of the
PROJECT funds.
31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a
refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE
for noncompliance with the material terms of this PROJECT AGREEMENT. The
GRANTEE. upon such written notification from the DEPARTMENT, shall refund,
and shall forthwith pay to the DEPARTMENT, the amount of money demanded
by the DEPARTMENT. Interest on any refund shall begin the date that the
GRANTEE was informed that a refund was required and continues to accrue until
the date the refund and interest are paid to the DEPARTMENT.
32. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local heatih and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
33. The GRANTEE may subcontract work under this PROJECT AGREEMENT
without the prior written consent of the DEPARTMENT'S Grani Manager. The
GRANTEE agrees to be responsible for the fulfillment of all work elements
included in any subcontract. It is understood and agreed by the GRANTEE that
the DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
34. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE, such
as by lease, shall be dedicated as an outdoor recreation area for the use and
benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
DEP Agreement No. F8187, Pago 7 of 10
DEP 55-231 (OS~07)
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
35. 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. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing under Paragraph 26 of the particular violations stating a reasonable time
to comply. Failure to comply within the tune period stated in the written notice
shall result in termination of the PROJECT AGREEMENT and shall result in the
imposition of the terms in Paragraph 31.
36. 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.
37. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a
notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
31.
38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
39. A. No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list which may be found at
hltp://dms.myfiorida.com/dms/purchasinglconvicted suspended
discriminatory complaints vendor lists. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity at (850) 487-0915.
DEP Agreement No. F8187, Page 8 of 10
DEP 55-231 (OSlU7)
40. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT. Any action hereon or in
connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole br in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F8187, Page 9 of 10
U[P SS-231 (05107)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Division Director (or Designee)
Division of Recreation and Parks
CITY OF MIAMI BEACH
By:~ __ j - -
Tit : C't 1-1-•~nn6e,~
v o
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee. Florida 32399-3000
DEP Gran4'N1~fnager
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
May 10, 2007 for use for one year.
C79Ic~~~o~ ----
Date
Address:
1700 Convention Center Drive
Miami Beach, FL 33139
Grantee A rney
APPROVED A3 TO
FORM d LANGUAGE
~ F UTiON
~ `i t)7
a
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List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment 1 Special Audit Requirements (5 Paqes)
DEP Agreement No. F8187, Page 10 of 10
DEP .55-231 (05107)
1l"1':AC1LV1GN'f I
tiPF.CIAI, AUDIT Kb:QC[KEMb:h"1'S
T'hc administration of ttsnurws awarded by the Departrnenl of Lnvirmuncnlal Protection (uhrclr Wray ire reJened !o
;u !!re "Deparlmear!" "DEP". "FDF.P" a' "Crnntnr", nr ntker name in thr. t.•wttracrrgreentent) at the recipient
(ivlt,•'ch muv Le re!'erred fo m' the "C'orrG-actar", Grmrtae" or orlrer aarn< irs ihc- conlracp6esreamenll mny be subject
to audits andktr monitoring h}' the Dcpartmcm of lnvirumrwnlal Protection. as described ur this at[acluuant.
In addilimt to rovicws of audits cunducled in accordanca with Oy]I3 Circular a-133 and Section 21 ~.9', F.S., as
revised (sec "r\CDITS' below), monitoring pntcudures may include, but nut be limited ro, un-silt visits by
Deparhuent staff, limited scope audits as deiineil bg OA1R Cin:ular :\-i i3, as revised, andkx other procedures. B}
enlcrin~ into this Agreement, the recipient agrers to cuntply artd cooperffie with any nroni[orine
pmcedureslpmcesses deemed appropriate by [hc Dcparhncnl of L'nvintnmenlul Yroluclion. In dte avcttl the
Deparbuent of Etvirountental Protection determines that a limited scope audit of [hc rccipicnt is appntptialc, the
rwipiem agrees to comply with any additional inslmctimts provided b}~ the Deparinrent to the recipient regarding
such audit. The rccipicnt tirrihcr a~n-ccs w comply and cooperate wilt arty inspections, reviews, investigations, oc
:audits deemed necessarc by the Chief Financial Ofliccr or Auditor (icncral.
Y:'\ItT I: FLDEIt1LLY Ttir-DT'.D
This part is applioable if the recipient is a Slate or local gorcmment or a nun-pro[i[ organization as defined in OA4R
Circular A-I=. as rcvtscd.
1. In the even[ that the recipient expends J~00,000 nr more in Federal awards in its fiscal year, dre recipient
mint Rave a single ur prugrarn-speciLC audit conducted in accordance with [he provision; of Ob1B Circular A-1.3,
as revised. FXHIRIT I to this r\grecmcnt indicates Fcdcral funds awarded tlrrou2h the Department of
Environmental Protection by this .Agreement. In determining the Federal awards expended in its [iscal ~~ear, the
recipient shall consider all sources of Fcdcral awards, utcludin2 Pedefal resources received from the Department ul
Lnvironnnental Protectiuu. The determination of amounts of Fcdcral awards expended should be in acemdance with
the guidelines estahlished by Ofv1B Circular .A-133, as revised. A^ audit of the rccipicnt cunducled by the AudiWr
General in accordance with the provisions of O\113 Circular A-133, as revised, will meet [hc requirements of this
part.
2. In conncc[iun +vith the audit ruyu¢'entenls addressed in Part 1, paragraph I, the rccipicnt shall fulfill thv
requirements relative to auditcc responsibihlics as provided in Subpart C of ONIR Circular :\-133, as revised.
.i. If the rocipicnl expends less than $SOO,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-I:t3, as revised, is not required. In [he cvcm that the rocipionl
expends less than SSOO.Opfl in Federal awards in its lixul year xnd elects to have an audit conducted in accordance
with the provisions of OJ1B Circular :1-133, as revised, the cost of the audit mull be paid from non-Federal
resources (i.e., [he cost of such an audit must he paid from rccipicnt resources obtained from other than Fcdcral
entities).
4. T'he recipient may access information regarding lhr Catalog of Federal Domestic :Assistance ((:FDA) vi:t
the intense[ at ht[n:+ 12A(i.2i5.1 ±.ifclda;cfda.html.
DEP Agreement No. F8187, Attachment 1, Page 1 of 5
P.AR I' 11: STATF. Fl1NDFD
This pan is applicable if the recipient is a nunstite entity as dafinud b}• Section 215.9?(2)(m), Florida Slntutes.
I. In the event that the recipient espznds a total aurora[[ of stale 6nutcial assistance equal to or in excess of
$SUQ000 i^ arty liscal year of such recipient the recipient mutt have a Swte single ur pmjccl-specific audit lire such
liscal year in accordance with Section 215 9', Florida Stannzs; applicable rules of the Department of Financial
Services; and Chapters IO.i50 (local eo+zrtunrnlal culilics) or 10.(150 (nonprofit and fur-profit orgauizatious),
Rules of [he .Auditor Gcnertl. F.XHIRIT I to this :\greement indica[es state financial assistance au•unfud thnntgh
the Department of Envirountental Protection bg this Agreement. Ire determining thz state financial assistancz
expanded in its liscal year, the recipicm shall consider all sources of stale financial assistance, including slate
financial assistance received fiom the Department of Fnvirnnntcntal Protection, aher stale a~cncics, and o[hcr
nonta[c entities. Stale financial assistance does not include Federal direct or pass-through awards and resources
received h}' a nonsrnte enliry fur Fzdzral program utalching requvemenu.
_. In connection with the: audit rcyuiremenis addressai in Part fl, paragraph l; the recipient ,hill crtsure that
the audit complies with the requirements of Section 21.9?(?). Florida Srahues. This includes submission
of a finutcial rzporting package as defined by Szcliun 2li.9?(2), Florida Sta[utzs, and Chapters U).»0
(local govcmmcntal entities) or 10.650 (nonprofit and Ibr-profit organiratiunsl, Rules of the Auditor
General.
3. If the recipient expends less than S?OO,t)00 in state financial assiswtce in its fiscal year, an audit conducted
in accordance with the provisions uCSectiun 215.c)?; Florida Statutes, is not required. ]u the event that thz
recipient cxpencis less than S5ir0,000 in state financial assistance in its fiscal year, and clccl~ nt have an
audi[ amtducted in accordance xvith the provisions of Section 215.9', Florida Statutes, the cost of the audit
muse be paid from the non-state zntity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtainzd from other than State entities).
4. For infurnation regarding the l lurida CaliYlug of State Financial Assistance (C,SF;~), a recipient should
access the Florida Single r\udit Act w•chsitc located at huPs:::~spps.ll~ls.;yntifaa fur assisturcc. In
addition to thz above websitzs, tltr followutg websites tray be accessed for infmination: Leeislatnre
1Ncbsitc al hltp:~'wxey+,Ic~slatc,ILu:,:~t•'cl_cymc:'indcx.cfnr, Stale of Florida's website at
hey,:%hs+xw.nn'tlorida.com,', Department of Financial Services' 1Nehsitc at hltpJr+u+ow.I;Jf~.cumr and lhz
Auditor General's ~Nebsite at huo::%wwwstate flus%audaen.
PART fli: OTHER AUDIT RF.QUIRF.DfF.~TS
/NOTE: Thin' port would Lc used to spccijv t+rn udditiurral audit requiremerus imposed Ay rhz .Stare amardtu~> entth
thm are.cnlely a matter nf'that State a•nardirrg entitt+'s• pnlic~ (i.e.. flee audit is Trot rctluired Ly Federal or.$rate la•n•s
rend is Trot irr corJlict with ritller Feaiernl or State audit requirentexts). Purcuanr to Sec•lion ?lS.Y'(YJ. Florida
Statures. SYau: a,>;encies nrtrr conduct w• arrnuge jog audits nj SlrNe Jirr<rncia! ascis27rrc•e that crre in uddBinrr to
atrdit.,• con<krcted in acr.•nrdcurce with Sc c•liarr 1159%, l7arida Statutes. G+ such an evsrrt, flee Stare anardirra asency
roost anavr~c: Jnr)'inufia,~ the jidl cost af'surh adu'itional aadits.J •
PART' IV: REPORT ti1:R1fISSION
L Copies of reporting packages fur audits wnducted in accordance wide Q\1Ei Circular :~-133, as revived.
and requirod by PART l of this Attachment shall be submitted, when required by Section .330 (d). O1v4B
Circular A-li3, as re+.ised, by or on behalf of [he recipient dirze[Iy to each of the follo+cing:
~IEP S~ 31? iP2!(t'1
DEP Agreement No. F8187, Attachment 1, Page 2 of 5
... 77tc Ucparlmcnl of L'nvironmcntal Protection at the follm;•ing address:
Florichr Dcpac7men[ of Hm•ironmzntal Protection
Office of drz Irrspzctor GenrraL h15 0
39(10 Commnnwcalth Rrndevard
Tallahassee. Florida 32199-1000
B. Thz Fcdcrsl Audit (7caringhatse desi~oated in O\iR C ircular A-I?3, as revised (the number of
copies required by Sections .320 (d)(l1 and (2), OMB Circular A-13?, as revised, should 6u
subnutted to the Federal Audit Clcaringhouszj, at the lullowing address:
Fcdcrsl Audit Clearinghouse
Bureau of the Census
1201 Last 10th Strze[
.Icffersonvillq IA d?132
C. Olhzr Fcdcrsl agencies and pass-thnxtgh entities in acrnrcL•tnec wish Section, .320 (c1 and ((),
OMR Circular:\-133, as revised.
2. Pursuant to Section .3211111, O\iR Circular :1-13.3; a; revised, the rccipicnt shall submit a
copy of the reporting package dcsnibed in Section .320(c), OhgR Circular :\-133, as revised, and
any management letters issued by the auditor, to the L)eparLnen[ of Environmental Protection at dte
following address:
Florida Dcparlmcm of limironmcntsl Pmtcclion
Office of the Inspector general, iAIS ~0
?900 C'otmnonwzalth Boulevard
Tallahassuc, Florida 32399-30i>i)
?. Copies of financial reporting pacluaezs required by Y_AK'1' IL of this Attachrneut shall bz submitted bg or on
bchslf of the rccipicnt directly Io each of the followine:
at the followinG address:
Audit Director
Florida Ucpartrnznt of l:nvironmznlsl Protection
Office of the Inspector General, ~4S 4(1
3900 Conunonwzalth Boulevard
1<illahasszz, Florida 3239')-3000
B. The Auditor General's Oliice al the lullowine sddross:
Surtc of Florida Auditor (icncral
Room 4(ll, Ciaude Popper Building
III West \lndison Street
Tallahassee, Florids 32399-14511
De' •5.2:5 i!":0'i
DEP Agreement No. F8187, Attachment 1, Page 3 of 5
RE\i;\[VDER OF I'AGC L.\'1'L•'(\'I'IOKAI,LY i.EFT BLANK
a. Copies of reports or nutna~entcm Icucrs required by P.1RT III of this Auachmcnt shall be subntitled b} or
on behalf of the. recipient direct~~ to the Depu'tntent of Lm•ironmcntal Protection at the following address:
Audit llireclor
Ilorida llcpartmcnt of Fnvironmental Protection
OI lice ol'the [nspector General. bIS X10
3900 Conunmtwealdt Boulevard
Tallahassee.l'lorida 32399-3000
>. t\ny reports, management I~tters, or othtr in[m'tuation required to he submitted to the D;paruneut of
Lnvironmcntal Protection pursuant co this Agreement shill he submitted timely in accordance with Oh1R
Circular ;1-(3?, Florida Statutes, or Chapters 10.550 (local eovernnteu[al emilics) or It1.65tt (nonprofit and
tor-profit organizations), Rules of the Auditor General; as applicable.
G. Recipients, whrn submitting linancial reporting packages to the Ueparuncnt of F.m•ironmenr<nl Protection
for audits done in accordance with 0\16 C¢cular A-133, or Chapters 10.550 (local ;;oeermnental entities) or
10.65(1 (nonprofit and for-profit organizations), Rules of the Auditor ~ienenl, should indicate the date That the
reporting packace wits delivered to the recipient in correspondence accompanying the reporting package.
P;1R"C V: RF,CORU RL'CLV'LIU~
The recipient shall retain suflicient reconis demonstrating its compliance with the tcnns of this :\ereement for a
period of ~ years from the dale the aedil report is issued, and ;hall allott~ the Uepartrucnl of Lnvironmcncd
Protection, or its Jcsignec, Chief Financial ONicer, or ,luditoa General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of F.nviromnental I'rottction,
or ir, designee, Chic) Financial Oliiccr, or :luditor General upon request for a period of 3 .•can from thz elate the
audit report is issued, unless extended in writinC by the llepanmunl of Lm•ironmcntal Protection.
RE\~L\T~TJF.R OF PAGE IN 1IV i IUVALLI' LCF'f BL;1NK
DC2 <i >! i p}fir; i?l
DEP Agreement No. F8187, Attachment 1, Page 4 of 5
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