Res. No. 155-08-12752WHEREAS, the Mayor and City Commission wish to continue to accept the grant from the Florida
Department of Environmental Protection; and
WHEREAS, the Amendment will continue the $200,000.00 grant for the acquisition of the Dison
Property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorizes the City Manager to execute a grant
amendment with the Florida Department of Environmental Protection
Section 2: The attached Amendment is made a part of the resolution.
READ AND APPROVED AS TO FORM
CITY Tk7 RNEY
Include File Name and Path
COMMISSION VOTE:
5-0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
1 V X
GUM*
CITY OF SOUTH MIAMI I
1527 w OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
bola Balogun, City Manager
Request: Authorizing the City Manager to execute a grant amendment with the Florida
Department of Environmental Protection.
Reason/Need: In 2006, we received a grant for acquisition of the Dison Property from the
Florida Department of Environmental Protection. The City has entered
into agreement with the Trust for Public Land for the acquisition of the
parcel. The final installment for the purchase will not be finalized prior to
the end of the current completion date for the grant. Following the final
installment for purchase of the parcel, we will be reimbursed for the
project.
Cost: $200,000.00
Funding Source: Florida Department of Environmental Protection
Backup Documentation:
0 Proposed Resolution
L3 Proposed Amendment
0 Previously Authorized Resolutions
Ms. Carol Aubrun
Florida Department of Charlie Crist
Governor
Environmental Protection Jeff l(ottkamp
Lt. Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard Michael W. Sole
Tallahassee. Florida 32399-3000 Secretary
Grants Administrator
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143-5093
IN III I
Sincerely,
Mary Ann, e
Community Assistance Consultant
Office of Information and Recreation Services
Division of Recreation and Parks
Mail Station #585
MAL/
FWAIlIF-M
"More Protection, Less Process-
�%vw dep. state. A us
F07014
(FRDAP Project Number)
F7014
(DEP Contract Number)
CSFA Number: 37.017
CSFA Title: FRDAP
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Amendment 2 to Agreement
This Amendment entered into o.. DO NOT DATE 2008,
serves to amend portions of the Agreement dated September 18,
2006, and amended August 15, 2007, by and between the Department
of Environmental Protection, hereinafter referred to as
DEPARTMENT, and the CITY OF SOUTH MIAMI, hereinafter referred to
as GRANTEE, for the project known as Dison Property, pursuant to
section 375.075, Florida Statutes, and Part V of Chapter 62D-5,
Florida Administrative Code.
In and for the mutual covenants bet een them, the DEPARTMENT
and the GRANTEE agree that the following amendment shall apply to
the above-referenced Agreement:
Paragraph 15 Sentence 1 is amended as follows: The
GRANTEE shall complete all project elements on or before April
30, 2009.
In all other respects the Agreement of which this is an
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement on the day and year last written above.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
DO NOT SIGN
By:
Director or Designee
Division of Recreation and Parks
Manager
Approved as to Form and
Sufficiency: Agreement has been
pre-approved as to form and
sufficiency by Suzanne Brantley,
Assistant General Counsel, on
December 21, 2007 for the use
for one year.
CITY OF SOUTH MIAMI
By:
Person Authorized to Sign
Printed Name
Title
Address:
6130 Sunset Drive-
South Miami, FL 33143-5093
Grantee Attorney
RESOLUTION NO.: 133-07-12518
WHEREAS, the Mayor and City Commission wishes io continue to accept the grant from the
Florida Department of Environmental Protection; and
WHEREAS, the Amendment will continue the $200,000.00 grant for the acquisition of the Dison
Property until September 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF ,THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
i
Section 1: The Mayor and City Commission authorizes the City Manager to execute a grant
extension amendment with the Fiorida Department of Environmental, Protection
Section 2: The attached Amendment is made a part of the resolution.
PASSED AND ADOPTED this 7 day of 2007.
,ATTEST:
-rn-Y CLERK
1�2
C}T,* ATTORNEY
Include File Name and Path
I'M
IT
COMMISSION VOTE:
5-0
,Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
DEP Agreement No, F7014
CSFA Number 37.017
CSFA Title, FRDAP
FLORIDA DEPARTMENT OF ENVIRONME'NTAL.PROTECTIOIT
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FR I DAP)
PROJECT AGREEMENT(SFY 2006-07) - Acquisition''
This PROJECT AGREEMENT shall be peribrmed in' accordance with section
4. Within three (3) years. from the completion date set forth in the PROJECT
completion cartificate, the GRANTEE shall construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements in accordance with
the folloMng development elements:. Picnic facilities, walking trail, landsc6ping
and other related support facilities. These elements may- be modified by the
DEPARTMENT if the GRANTEE shows good cause.
The DEPARTMENT 'Shall -pay, on a reimbursement basis, - to the GRANTEE,
funds notto exce'ed'-$200,000.00,, which will pay the, DEPARTMENTs share of
the cost of the PROJECT. DEPARTMENT funding is based up6n the following:
DEPARTMENT Amount $200,000.00 50%
GRANTEE Match: $200,000.00 60%
Type of Match' Cash
The PROJECT reimbursement request shall include all documentation: required
by the DEPARTMENT for a proper pre -audit and ppst-audit review. Within sixty
(PO) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall revjeihf the' compt6fi'on-*'d*o"cu-m'entat'jon 'and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Recreation Development' - Assistance 'Program
,Completion Documentation Form, DEP Farm 'FPS -A036, referenced in s. 62D-.
5.058(6)(g), the DEPARTMENT will approve the request for payment,
7. In addition to .the invoicing requirements contained in the paragraph- above, the
DEPARTMENT will periodically request proof of a transaction (such as invoice,
payroll. regists . r) . to evaluate.. the appropriateness of costs to th ' a PROJECT
AGREEMENT pursuant to State guidelines(including cost allocation guidelines),
as appropriate. When 'requested, this information must-be provided within '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 bf its mu.1tipliers
(overhead, indirect, general administrative costs, 'and fiinge benefits). Slate
guidelines for allowable costs ,can be found in th6 Department of Financial
Services' , Reference Guide f0t State Expenditures at
,bg:llwww.clbf.state.fl.us&adir/F*SAAIndexlbnl.
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 refershce'as if
fully,selt forth herein. All purchases of goods and services for accomplishment of
.the PROJECT 'shall be secured in accordance with the GRANTEEs adopted
procurement procedures. Expenses representing the PROJECT costs, including
the required matching contribution, shall be reported 10- the DEPARTMENT and
summarized on certification forms provided in the PROCEDURE. The
DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines for
DEP Agreement No. F7014, Page 2 of 9
DEP 55-232 (01105)
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 es defined in* the PROCEDURE shall not exceed 15% of
t G*
he . ANTEE's eligible wages and salaries, unless approved In. advance as
described herein.. Indirect costs that exceed 15% must be approved in advance-
in wntin§ by the DEPARTMENT to be 'Considered eligible PROJECT expenses.,
10. It '1s understood by .the GRANTEE that the amount of this PROJECT
AGREE ' MENT 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 arnount deemed
appropriale.by the DEPARTMENT. -
11'. The State. of Florida's ' performance nee and 'obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
The". GRANTEE, understands that this Agreement is not a. commitment of
future appropriations..
12. All monies expended. by the GRANTEE for the purpose contained hereln 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 Preagreemen.t Expenses (as
defined in - s. 62D-6.054(34) of the RULE) incurred by. GRANTEE prior to
execution of this PROJECT AGREEMENT in accotdance.Wth 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 prio . r t o the he execution of this PROJECT- AGREEMENT
with the exception 'of. those expenditures which meet the requir6ments of the
foregoing- sections of the-RULE.
14. Prior . to commencement of PROJECT acquisition, the GRANTEE shall submit the
documentation required by , the Florida Recreation Development :Assistance
Program Acquisition Project PrerreimbursLimenVCommencems'nt Documentation
Form, DEP Form FPS-A034, referenced In 62D-5.058(6)(f) of the RULE, to the
DEPARTMENT. . Upon deterrfilning that the documentation complies - with the
RULE, the DEPARTMENT Will give written notice to GRANTEE to commence the
acquisition and approve the request for payment.
15. This PROJECT AGREEMENT shall become ,effective upon execution and the
G NTEE shall complete acquisition of the PROJECT T site by
150. ;20V7_ (hereinafter referred to as the PROJECT completion
date l, atwh1cK time all payment requests and completion documentation will be
DEP Agreement No. F7014; Page 3 of 9
DEP 55-232 (01105)
due to the DEPARTMENT. The GRANTEE may request up to two (2) one-year
extensions, from the DEPARTMENT for good cause by - the. submission of a,
written request to the DEPARTMENT. Such request must be made prior to the
PROJECT .- completion date. * The, GRANTEE understands that the funds
supporting this Agreement are subject to certification -forward -approval by the
Governors' Office on June 3CP each year. The GRANTEE understand's and
agrees -that if the Governors Offide does . not approve the DEPARTMENrs
request to certify thejunds forward,. the GRANTEE will not be eligible for
reimbursement after the Governor's _Office denies the certification forward..
16. The GRANTEE shall retain*. all -he=rds -supporting PROJECT costs f6r five (5)
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 five:-year retention period.
The DEPARTMENT, Mato Auditor General, State Chief Financial Officer and
other agencies or entities With jurisdiction shall-have the eight to Inspect and audit
the -GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
17. In addition. to- the -pro'vielons cointain6d in the paragraph 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'Attadhmerit 1. If the GRANTEE falls to receive a revised copy of
Attachment t' Exhibit i, the GRANTEE shall notify the DEPARTMENTs FRDAP
Grants -Administrator. at.- (850) 245-2501 to request a copy of the updated
Infoirnation:
18. Following receipt of an audit- report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's . noncompliance with this' PROJECT
AGREEMENT, the - GRANTEE will be allowed a maximum 'of thirty (30.Y days to
submit additional pertinent docurbentation to -offset the amount identified as belbg
due 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.
19. For the purpose of this PROJECT AGREEMENT, theDEPARTMENrs 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, as Identified in paragraph 20, 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 e, May e, and September e of each
year summarizing the work accomplished, problems encountered, percentage of
DtP Agreement No. F7014, Page 4 of 9
DEP 55-232 (01105)
completion, and Other' information Which . may be requested . by the
DEPARTMENT.-
20. Any and all notices -required b} this PROJECT AGREEMENT shall, be deemed.
sufficient F delivered or sent by United States Postal Ser*&'to the parties at the.
following addresses:
.GRANTEE's GrAht Manager
Ms.. Julie L Da, ell
`*
Grants Administrator
6130 Sunset Drive
South'Miami, FL .33143-5093
DEPARTMENT's Grant Manager
Mary Ann Lee
.Florida Department of Environmental
Protection
3900 Cornmonweafth Blvd., MS585
'Tallahassee, Florida 32399-3000
21. Prior to final reImbu.'rsern'ent,- 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.
22. The DEPARTMENT has the right to inspect -the PROJECT, and any. and all
records related thereto at *any reasonable time.
23. This 'PROJECT— AGREEMENT may be unilaterally canceled by the
DEPARTMENT."for refusal by. the GRANTEE I to* allow public access to'all
documents, papers, - letters, - -or -other. -materials made or received by the
GRANTEE 1 h conjunction with this PROJECT AGREEMENT unless the records
are exempt under Section- 24(a) of Arficle I of the State Constitution and Section
11 9.07(l), Florida Statdt6s.'
24. Prior to. the'dlqsing of the PROJECT, the DEPARTMENT shall have the right'to
demand a refund, either in whole or in. part, of the FRDAP funds provided to the
GRANTEE .*f&r , 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.
25. The GRANTEE shall .comply- with all federal, state and local regulations, rules
and, ordinances in acquiring and developing this -PROJECT. - The GRANTEE
acknowledges that this requirement includes compliance with all fed6ral, state
and local health and safety rules and regulations " including all applicable building
codes. The GRANTEE further agrees to ensure that the GRANTEE will include
DEP Agreement No. F7014, Page 5 of 9
DEP 55-232 (01/05)
the requirements of this paragraph in all subcontracts . made to perform this
PROJECT AGREEMENT.
26. Land owned by the GRANTEE, which is acquired or developed 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 6213-5.059(l).
of the RULE. All dedication's -must be recorded in the county, property records by
the GRANTEE. Such PROJECT shall be open at reasonable times and shall be
mana ged in a safe and attractive Manner, appropriate for public use.
27. 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. Failure of
the. GRANTEE to comply within the time period stated in the written notice shall
result in cancellation of .the PROJECT AGREEMENT and shall -result -in the,
imposition of 'the terns in Paragraph 24;
28. In the event of conflict - In -the ..provisions of the "RULE, the PROJECT.,
AGREEMENT-and the Project Application,'-the provislons'of the RULE shall.
:J
control over this PROJECT'AGREEMENT and this PROJECT AGREEMENT -
shall-control -over the Project Application documents.
29.' If. the DEPARTMENT determines that site control is not. sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRAN-TEE a
notice in writing and a reasonable time to comply. If the Is not
corrected within the time spediffed in the hotice, the DEPARTMENT shall -
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph, -
24, if. appropriate..
80. Pursuant to section 216.347, Florida ' Statutes, .the GRANTEE- is prohibited from
spending FRDAP grant funds- for the purpose of lobbying the legitlature, th"a
judicial branch, or a state.agency.
31. 'A - No person on the grounds of race, creead, color." national ongin,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 affillate 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., inay not submit
bids on leases of real property to a public entity, may not award or perr6rm
work as a contractor, supplier, subcontractor, or consultant under contract
DEP Agreement No. F7014, Page 6 of 9
DEP 55-232 (01105)
with any pijbfic entity, and may,not transact business With any public
entity. The 'Florida Department of Managemen't Services is responsible for,
maintaining the discriminatory vendor list which may be found at
http:ildms.m jda.�orn/dmgM/urchasing—/�py
_Aor' �Icted, suspended diggriml n*
atory, 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.
32, Ea6K party hereto agrees that lt shall be solely responsible for the wrongful acts
of its emoloyp6s and.agerits. However, nothing captained herein shall constitute a waiver by. either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
33. The :employment *of Unauthorized aliens by' arty GRANTEE Is considered 'a"
violation of Section *274A(6) of the Immigration and Nationality Act. if the
GRANTEE knowingly employs unauthorized alien's, such violation shall be cause
for unilateral cancellation' of this, Agreement. The GRANTEE shall- include this
provision In all subcontracts issued as a result of this Agreement
34. A person, or.affillate who has been placed on the convicted vendor list following ;a
conviction for a 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 section 287.017, Florida Statutes, for Category
Two, . for a period of 36 months from the date of being placed on the convicted
Vendor list.
35. The PROJECT AGREEMENT has been delivered in the State of Floirlda and
shall be construed in accordance, with the laws. of Florida. Wherever possible,
each provislon'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.
36. No delay orfallure to . exercise any right, poWer or remedy accruing -to either party
upon breach or default by either party under this'PROJECT AGREEMENT -shall
impair r any such fight power or remedy of either party; nor -shall such delay or
fallure'be construed as a Waiver of any such breach or'default, or any similar
breach or default thereafter.
DEP Agreement No. F7014, Page 7 of 9
DEP 55-232 (01/05)
37. 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.
38. phis PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole-or in part without the prior written approval of the DEPARTMENT.
39. The.*DEPARTMENT shall have no liability excapt as specifically provided in this
PROJECT AGREEMENT.
40. This PROJECT AGREEMENT yepresents the entire agreement of the- parties.
Any alteratloins, variations, changes,modffications 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 jto the original of this PROJECT AGREEMENT.
j.
REMAINVEK OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7014, Page 8 of 9
DEP 55-232 (01/05)
i
IN WITNESS WHEREOF, 'the parties hereto have caused these presents to be'
duly'execqted on the day and year last written above.
STATE OF FLORIDA DEPARTMENT OF City of South Miami
ENVIRONMENTAL 'PROTECTION
BV-
Division ► or jr�( da !gas)
It
Divis'ion. of fRecreatund Parks
RIM
ant ager
EP C
Approved,' as to Form and Legality:
This forin has beeh pre-approyed as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 25, 2006, for use. for one year.
By:
P A qA
rin . Name: iR
Title: CA4A.
Date
Address:,.
6130 Stinset Drive
South Miami, Fl- 33143-5093
Ust'of attachmentstexhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages).
Attachment 9 Special Audit Requirements (v Pages)
DEP Agreement No. F7014, Page 9 of 9
DEP 55-232 (D1105)
��, .,U.,
SPECIAL AUDrf REQURIEMENTS
Tile administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department". "DEi", "DhP" or "Grantor' or other Weans ire .the contraetlagreement) to the rec>pient
(lvhich, may be referred to as the "Contractor Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
�f3P�IT4)1�IPd� .
in addition to reviews of audits conducted in accordance with OMR Circular A-133 acid Section 215.97, F.S., as
revised (sea "AUDITS" below ), monitoring procedures may include,' but not be limited. to, on -site visits by
Department staff,'iimited scope audits as defined by QMB CircularA- 133,.as revised, and/or other procedures. By
entering into this Agreement,'. the recipient agrees to comply and cooperate with* any monitoring
procedures/processes deemed appropriate by the Department of Environmental 'Protection.. In the event the `
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to, the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Cfffeer or Auditor General:
ALUDff8
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local•goveraurient or a no profit organization as defined in C3MB '
Cireular,A 133, as revised.
in the event that the reoipietit expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have .'a single or program-specific audit conductedd in accordance with the provisions of OMB Circular >
A -133, as revised. BXMIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In idetermining the Federal awards expended in its fiscal
year, the recipient shall considefall sources of Federal awards, including. Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by O1vi8 Circular A-133,' as revised. -An audit of
the recipient conducted by the Auditor General in accordance with the provisions of MM Circular A -133,
as revised, will meet the requirements of this part.
2. In connection witi the audit requirements addressed in Dart 1, paragraph 1., the recipient §ball f xtfstT the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, as audit conducted in
accordance with the provisions of IAMB Circular A-133 ; as revised, is not required. In the event that the .
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordanee with the provisions of OAO Circular A-133, as revised, the cost of the audit must
be paid from non - Federal resources. (ie., the cost of such an audit must be paid franc, recipient resources
obtained from other than Federal entities.)
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http:/ /12 46 245 `l73Jefda/cfda html.
157 13 i.0 { i Z I WON
DEP Agreement No. F7014, Attachment I, Page 4 of 5
DE.P 55-215 (09104)
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or alter September 36,
2004), 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
Chief Financial Officer; and Chapters 10.550 (local governmental, entities} or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. BXHMIT I to this Agreement indicates State financial
assistance- awarded through the Department of Environmental Protection by this Agreement. In
deternibing the State. financial assistance expended'in its fiscal year, the recipient shall consider all sources
of State financial ' assistance, iiacluding State financial assistance received from the Department of
Environmental Protection, other state agencies, and other'nonstatd entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shal•ensurie that
the audit complies with the requirement of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting part age as defined by Section 215.97(2)(d), Florida Statutes, and Clapters .10.550
porting
(local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. if the recipient expends less than. $300,000 in State financial assistance in its fiscal year ($500,000 for
fiscal yam ending on or after September 30, 2004), an audit conducted in ac Vdth the provisions
of Sectiori* 215.97, Florida Statutes, is not wqaired. In the event beat the recipient expends less'thsLn
$300,000-in State -financial assistance in its fiscal year ($500,000 for fiscal years ending on or after,
September 30, 2004), and elects to hm an audit conducted in aocordancia with the provisions of Section
215.97; Florida Statutes, the cost of the audit must be paid from the non-State, entity's resources (ie., the
cost of such an audit must be said from the recipienesresources obtained fmm other than S•ift entities).
4-. For, information regarding The Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the 'Florida Single Audit Act v ebsite located at httpJ /state iLuslfsaafcatalog or the Governor's
office of. policy and Budget website located at
ht!R;LWww.m � orjdaoon*yAgd4l&, vemmentIWntragLsIopb0fflce.M for assistance. In addition to
the above welisitesthe following websiteg may be accessed for information: Legislature's Website
http:/ Www.le&statefl Governors Website bft;.L Depwtmcmt of 'Financial
Services' Welisite. hV-.-//www.dbfst#eJJ.0 and the Auditor General's Website
bttyLAv_w_w state f Luslaudg=
(!VOTE: This part would be used to specify any'a&ftdonal audit requirements imposed by the State awarding entity
that are solely a -matter of that State awarding entity's policy (e., the audit is not required try Federal or State laws
and is not in conjUd with other Federal or SWe audit requirements). Pursuant to Section 213 97(7)(m), Florida
Statutes,'State agencies may - conduct or arrange for audits of SY;afe fibancial assistance that. are in addition to
audits conducted in accordance with Section.215.97, Florida Statutes In such an event the State awarding agency
must w7=gefbrfimdzng the full cost ofsuch addMonal audits)
1. Copies of reporting packages for audits conducted in accordance with OUB 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 direct to each of the following:
yjIt 1,5 1 I)p F
DEP Agreement No. F7014,*Attaebraent 1, Page 2 of 5
DEP 55-215 (09104)
A. 'The Department 6fEavironmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, M 40
2600 Blair Stone Road
Tallahassee, Florida 3Z99-2.400
13. The Federal Audit Clearinghouse designated'in OUR Circular A-133, as revised (the number of
copies required by Sections -320 (d)(1) and (2), ONO Ciic�lar A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address-
Federal Audit Clearinghouse
Bureau of ft Census
1201 East 10th Street
JeffersokyMe, IN 47132.,
C. Other Federal agencies and pass-ifirough entities in accordance with'*Sectiofis 320 {eland (f),
OME CiroWaT A-133, as revised.
2. Pursuant to Section .3710(f), OMB Circular A-133, as revised, the recipient shall submit a COPY of the
reporting package described in Section -320(c), ONIB Circular A-133, as revised, and any. management
letters issued by the auditor, to the Department of EnvironmanPal.Protection the nouomhag address:
-.A-udft Pfiedor., - -
Tforida.Department of Enviromn&rxtafProtaction
Office of the Inspector General, NIS 4D.
2600 Blair Stone Road -
Tallahassee, Florida '32399-2400
3. Copies _of ffi=cW reporting packages required by PART It of this Agreement shall be submitted by or. on
behalf of the recipient direr to each of the follow*
Wm9-
A
The Department of Environmental Protection at the following address:.
Audit Director
Florida Department of Environmental Protection
Office of the hnpeCtDr General,, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office af.the following address-,
State of Florida Auditor General
Room 401, Claude Pepper Building
-I I I West l&dison street
'Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART M of this Agreement shall be submitted by or
on behalf of the recipient jy to the Department of Environmental Protection at the following address:
Audit Director
Florida Department ofEaviroamental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallalmsee, Florida 32399-2400 -
DEP Agreement No. F701.4, Attachment 1, Page 3 of 5
DEP 55-215 (09/04)
5. Any reports,' management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement sball be submitted'timely in accordance with OMB-
Circular A-133, Florida Statutes, or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and
for-profit organizations), Mules of the Auditor General, as applicable.
6. Recipients,'When submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (ionproflt and for pr6fiferjanizations), Wes of the Auditor General, should indicate the date
that the report package was delivered to the recipient in correspondence accompanying the reporting,
package.
]?ART V: RECORD RE T=ON
The-redipient shall retain sufficient records- demonstrating its compliance with the terms of this Agr&ernent4br a'
period of 5 years from 'the date the andit . report is. issued, and- shall allow -the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure fliat audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General -upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DSP Agreement No. F7014, Attachment 1, Page 4 of 5
DEP 55-215 (09104)
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