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Res. No. 133-07-12518RESOLUTION NO.:133-07-12518 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AMENDMENT WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR ACQUISITION OF THE DISON PROPERTY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the Mayor and City Commission wishes 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 until September 2008. 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 extension amendment with the Florida Department of Environmental Protection Section 2:The attached Amendment is made a part of the resolution. nPASSEDANDADOPTEDthis_Z fEST: .day of ,2007. CLERK APPROVED:.-. READ AND APPROVED AS TO FORM: CQJ ATTORNEY Include File Name and Path COMMISSION VOTE:5-0 Mayor Feliu:Yea Vice Mayor Wiscombe:Yea Commissioner Palmer:Yea Commissioner Birts:Yea Commissioner Beckman:Yea To: Via: From: Date: Subject: Request: Request: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor &Members of the City Commission Yvonne S.McKinley,City Manager Carol Aubrun,Grants Administrator August 7,2007 Agenda Item No.: Grant Amendment for the Acquisitionof the Dison Property South Miami MIW|l 2001 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AMENDMENT WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR ACQUISITION OF THE DISON PROPERTY;PROVIDING FOR AN EFFECTIVE DATE Authorizing the City Manager to execute a grant amendment with the Florida Department of Environmental Protection. In 2006,wereceivedagrantforacquisitionoftheDisonPropertyfromthe FloridaDepartmentofEnvironmentalProtection.The purchase will not been finalized prior totheendofthecurrent completion date.Following the purchase oftheparcel,we will bereimbursedfortheproject $200,000.00 Reason/Need: Cost: Funding Source:Florida Department of Environmental Protection Backup Documentation: •Proposed Resolution •Proposed Amendment •Previously Authorized Resolution (Resolution #:127-06-12268) •Original grant Contract F07014 (FRDAP Project Number) F7014 (DEP Contract Number) CSFA Number:37.017 CSFA Title:FRDAP STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Amendment 1 to Agreement This Amendment entered into on (5 ,2007, servestoamendportionsoftheAgreementdatedSeptember 18, 2006,andbetweenthe Department ofEnvironmental Protection, hereinafter referred to as DEPARTMENT,and the CITY OF SOUTH MIAMI,hereinafter referredtoas GRANTEE,fortheprojectknown asDisonProperty,pursuanttosection375.075,Florida Statutes,and PartVof Chapter 62D-5,Florida Administrative Code. In and for the mutual covenants between them,the DEPARTMENT and the GRANTEE agree thatthe following amendment shall apply to the above-referenced Agreement: Paragraph 15 Sentence 1is amended as follows:The GRANTEE shall complete project acquisition on or before September 30,2008. Inall other respects the Agreement of which thisis an Amendment shall remain in full force and effect. INWITNESS WHEREOF,the parties heretohavedulyexecuted this Agreement onthedayand year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By Director or Designee Division of Recreation and Parks :^Lsk'lh^ Approved as to Form and Sufficiency:Agreement has been pre-approved as to form and sufficiency by Suzanne Brantley, Assistant General Counsel,on January 26,2 007 for the use for one year. CITY OF SOUTH MIAMI rson Authorized to Sig: jvonni So\er-Mctinty Printed Name Ci/y Manager Title Address: 613 0 Sunset Drive South Miami,FL 33143-5093 Grantee Attorney RESOLUTION NO.:95-07-12480 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THECITY OF SOUTH MIAMI,FLORIDA,RELATINGTO RESOLUTION 127-06-12268 AUTHORIZING THE CITY MANAGER TO FINALIZE A PURCHASE AGREEMENT FOR THE ACQUISITION OF THE DISON PROPERTY LOCATED AT 8021 SW 58th AVENUE,SOUTH MIAMI,FLORIDA 33143 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Mayor and City Commission ofthe City ofSouth Miami adopted Resolution no.127-06-12268,which authorized thecitymanagertoexecuteagrant project agreement.with the Florida Recreation Development Assistance Program, administeredbythe Florida Departmentof Environmental Protection forthe purchase of frie Dison Property in the amount of $700,000;and, WHEREAS,the City ofSouth Miami desirestopurchasethe Dison Property locatedinSouth Miami,Florida,bearing Folio No.:09-4036-000-0520 (the Dison Property);and WHEREAS,the City ofSouth Miami will request additional grant funding from the Florida Legislature orother available funding sourcesforthebalanceofthepurchase price. NOW THEREFORE BE IT RESOLVED BY THE MAYORANDCITY COMMISSIONOFTHE CITY OF SOUTH MIAMI,FLORIDA; Section 1:The Mayor and City Commission,authorize the City Manger to negotiate and finalize apurchaseagreement with Mrs.Dison forthe Dison property and tobring backlhe purchase agreement tothe City Commissionfor final approval. Section 2:This resolution shalltakeeffect immediately upon approval. PASSED AND ADOPTED this S^day of ,2007. O FORM: —erWATTO^NEY^7 COMMISSION VOTE:5-0 Mayor Feflu:yea Vice Mayor Wiscombe:Yea Commissioner Palmer:Yea Commissioner Birts:Yea Commissioner Beckman:Yea RESOLUTION NO.127-06-12268 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT PROJECT AGREEMENT OF $200,000.00 WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONFORTHE ACQUISITION OFTHEDISON PROPERTY,* PROVIDING AN EFFECTIVE DATE WHEREAS,the Mayor andCity Commission wishesto accept the grant from Florida Recreation Development Assistance Program (FRDAP);and WHEREAS,the Florida Recreation Development Assistance Program (FRDAP)is administered by FloridaDepartment of Environmental Protection;and WHEREAS,the Mayor and City Commission authorized the submission of the grant application My 26,2005 throughResolutionNo:102-05-12081;and WHEREAS,the project agreement is intended to award the City $200,000.00 for the acquisition of the Dison Propertylocatedat8021 SW 58Avenue. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI THAT: Section 1.That theCity Manager is authorized to execute a grant project agreement with Florida Recreation Development Assistaetice Program,administered by Florida Department of Environmental Protection forthe purchase ofthe Dison property. Section 2.This resolution shall takeeffectimmediatelyuponexecution. PASSED AND ADOPTED this ^£day of ^UtJO^i^2006. ATTEST:APPROVED: READ AND APPROVED AS TO FORM: CITY^ATTORNEY Commission Va Mayor Feliu:yea Vice Mayor Wiscombe:Yea Commissioner Palmer:abs ent CommissionerBirts:yea Commissioner Beckman:Yea _ •II till f*t'l SW IS" g —IL SBfh AVENUE W -1 i •vg^- 9 •*r- SW 37»h AVDOIE •F—'-—22 fig !f!Ii|!|III r}Of if If II '%>l PPM HP 18 i li mtitfv*f 8 lfte kl f ililSHfit ajfif w $B i «M $e as«a^2$Stft%i^s«flAaj»#s*~*r« i!|If{Ilf|»l|HH»H!|l|l|l*IJ ^^ •fes 3«S 'Mi it BOUNDARY SURVEY" of 8021 S.W.52th,AVEKDE,MIAMI, Miami-dads cquNnr.n,aRZDA- fcr CITYOFSOUTH MXAMTPARK&RBeftgA'nOft xaUdiitCfg,LANDSQHVEYQSS 4MAM95KS Florida CollfisalaofAu&«feai&m.I3339J S3ffi>S.W.72ndSHwt Suhe 2SS ifinnSiJItttti 33175 0Di)553^383 DEP Agreement No.F7014 CSFA Number 37.017 CSFA Title:FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2006-07)-Acquisition This PROJECT AGREEMENT is entered into this $\day of rNflptflVtof. 2006,by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,hereinafter called the DEPARTMENT,and the City of South Miami,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 isthe intent of the DEPARTMENT and the GRANTEE that none ofthe provisions of section 163 01 Florida Statutes,shallapplytothis PROJECT AGREEMENT. 2.The DEPARTMENT has found that public outdoor recreation is the primary purpose ofthe project known as Dison Property (Florida Recreation Development Assistance Program,FRDAP Project Number F07014),hereinafter called the PROJECT,and enters into this PROJECT AGREEMENT with the GRANTEE for the acquisition of that real property,the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form,DEP Form FPS-A034. 3.All forms hereinafter referenced may be found at www.dep.state.fl.us/parks/oirs.Further,the GRANTEE will also receive ail applicable forms for administration of project with GRANTEE'S codv of fully executed PROJECT AGREEMENT. DEP Agreement No.F7014,Page1of 9 WiLJSZ fLffUr"I fB".DEP 55-232 (01/05)TILE lAJr I !B)ECEiyE[Rj 4.Within three (3)years from the completion date set forthin the PROJECT completioncertificate,the GRANTEE shall construct,or cause tobeconstructed, certain public outdoor recreation facilities and improvements in accordance with the following development elements:Picnicfacilities,walking trail,landscaping and other related support facilities.These elements maybe modified bythe DEPARTMENT if the GRANTEE shows good cause. 5.The DEPARTMENT shall pay,ona reimbursement basis,to the GRANTEE, funds not to exceed $200,000.00,which will pay the DEPARTMENTS share of thecostofthe PROJECT.DEPARTMENT funding isbased upon the following: DEPARTMENT Amount:$200,000.00 50% GRANTEE Match:$200,000.00 50% Type of Match:Cash 6.ThePROJECTreimbursementrequestshallincludealldocumentationrequired bythe DEPARTMENT foraproper pre-audit andpost-audit review.Within sixty (60)daysafterreceipt of the final request,the DEPARTMENT'S GrantManager shall review the completion"documentation and payment request from the GRANTEE for the PROJECT.If the documentation is sufficient and meets the requirementsofthe Florida Recreation DevelopmentAssistanceProgram Completion Documentation Form,DEPForm FPS-A036,referenced ins.62D- 5.058(6)(g),the DEPARTMENT will approvethe request forpayment. 7.Inadditiontothe invoicing requirements contained inthe paragraph above,the DEPARTMENT will periodically requestproofofatransaction(such as invoice, payroll register)to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant toState guidelines (including cost allocation guidelines), as appropriate.When requested,this information mustbeprovided within 30 calendardaysofthedateofsuch request.The GRANTEE mayalsobe required tosubmitacost allocation plan tothe DEPARTMENT insupportofits multipliers (overhead,indirect,general administrative costs,and fringe benefits).State guidelinesfor allowable costscanbefound in theDepartmentof Financial Services';Reference Guide for State Expenditures at http://www.dbf.state.fl.iis/aadk/FSAAIndex.htmI. 8.The GRANTEE agrees tocomply with the Divisionof Recreation and Parks' Grant and Contract Accountability Procedure,hereinafter called the PROCEDURE,incorporated into thisPROJECT AGREEMENT byreference as if fully set forth herein.All purchasesofgoodsandservicesfor 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 certificationforms provided in the PROCEDURE.The DEPARTMENT and GRANTEE agreetousethe PROCEDURE guidelines for DEP Agreement No.F7014,Page 2 of 9 DEP 55-232 (01/05) 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.Itis 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 .ofFlorida's performance 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.AH monies expended by the GRANTEEfor 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 maybe reimbursed foreligible Preagreement Expenses (as defined ins.62D-5.054(34)oftheRULE)incurred byGRANTEEpriorto execution ofthis PROJECT AGREEMENT in accordance with s.62D-5.055(9)of the RULE.The DEPARTMENT andthe GRANTEE fully understand and agree that there shall beno 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.Priorto commencement of PROJECT acquisition,the GRANTEEshall submit the documentation required by the Florida Recreation Development Assistance Program Acquisition Project Pre-reimbursemenf/Commencement Documentation Form,DEPFormFPS-A034,referenced ins.62D-5.058(6)(f)ofthe RULE,tothe DEPARTMENT.Upon determiningthatthedocumentationcomplies 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 effectiveupon execution and the GRANTEE shallcomplete acquisition ofthePROJECTsiteby tfpbJCft %D}3>£yD1r (hereinafter referred to as the PROJECT completion date),at which time all paymentrequestsand completion documentation will be DEP Agreement No.F7014,Page 3 of 9 DEP 55-232 (01/05) due to the DEPARTMENT.The GRANTEE may request uptotwo(2)one-year extensions from the DEPARTMENTfor good cause by the submission ofa written request to the DEPARTMENT.Such request must be made priorto the PROJECT completion date.The GRANTEE understands that the funds supporting this Agreement are subject tocertificationforward approval bythe Governor's Office onJune 30th each year.The GRANTEE understandsand agrees that if the Governor's Office does not approve the DEPARTMENTS request tocertify the fundsforward,theGRANTEE will not be eligiblefor reimbursement after the Governor's Office denies the certification forward.. 16.The GRANTEE shall retainall records supporting PROJECT costs for five (5) years after the fiscal year inwhich the final PROJECT payment was released by the DEPARTMENT or untilfinal resolution of matters resulting from any litigation, claim or audit that started priorto the expiration of the five-year retention period. The DEPARTMENT,State Auditor General,State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT during the PROJECT and within the retention period. 17.In addition to the provisions contained 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 PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1.If the GRANTEEfailsto receive a revised copy of Attachment 1,Exhibit-1,the GRANTEE shall notify the DEPARTMENTS FRDAP Grants Administrator at (850)245-2501 to request a copy of the updated information. 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 allowedamaximumofthirty (30)days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT.The DEPARTMENT,followinga 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,the DEPARTMENT'S Grant Manager shall be responsible for ensuring performance ofits terms and conditions and shall approve all reimbursement requests prior to payment.The GRANTEE'S Grant Manager,as identifiedin paragraph 20,or successor,shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT.The GRANTEE,shallsubmittothe DEPARTMENT signed PROJECT status reports every January 5th,May 5th,and September 5th of each year summarizing the work accomplished,problems encountered,percentage of DEP Agreement No.F7014,Page 4 of 9 DEP 55-232 (01/05) 20. 21. 22. 23. 24. completion,and other informationwhich may be requested bythe DEPARTMENT. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by United States Postal Service to the parties at the following addresses: GRANTEE'S Grant Manager Ms.Julie L.Dajpzell Grants Administrator 6130 Sunset Drive South Miami,FL 33143-5093 DEPARTMENT'S Grant Manager Mary Ann Lee Florida Department of Environmental Protection 3900 Commonwealth Blvd.,MS585 Tallahassee,Florida 32399-3000 Priortofinal reimbursement,the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT fundingoraportion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. TheDEPARTMENThasthe right to inspect the PROJECT andanyand all records related thereto at any reasonable time. This PROJECT AGREEMENT may be unilaterally canceled bythe DEPARTMENT for refusal by the GRANTEE toallow public access toall documents,papers,letters,or other materials made or received by the GRANTEE in conjunction with this PROJECT AGREEMENT unless the records are exempt under Section 24(a)of Article I of the State Constitution and Section 119.07(1),Florida Statutes. Priorto the closing of the PROJECT,the DEPARTMENT shall have the rightto demand arefund,eitherinwholeorin part,of the FRDAPfundsprovidedtothe GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT.The GRANTEE,upon such written notification from the DEPARTMENT,shall refund,and shallforthwith pay to the DEPARTMENT,the amount of money demanded by the DEPARTMENT.Interest on any refundshall begin the datethattheGRANTEE was informedthatarefund was requiredand continues to accrue until the date the refundand interest arepaidto the DEPARTMENT. 25.The GRANTEE shall comply withailfederal,state andlocalregulations,rules and ordinances inacquiring and developing this PROJECT.The GRANTEE acknowledges that this requirement includes compliance withallfederal,state and local healthandsafetyrulesand 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) therequirementsofthisparagraphin all subcontracts made to perform this PROJECT AGREEMENT. 26.Landownedby the GRANTEE,which isacquiredor developed with FRDAP funds,shall be dedicated inperpetuity as an outdoor recreation site bythe GRANTEEfor the use and benefitofthepublic as stated in section 62D-5.059(1) of the RULE.Ail dedications must be recorded in the county property records by the GRANTEE.Such PROJECT shallbe open at reasonable times and shall be managed ina safe and attractivemanner appropriate forpublicuse. 27.Failuretocomplywith the provisionsofthe RULE or the terms andconditionsof this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENTby the DEPARTMENT.The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing of the particular violationsstatinga reasonable timetocomply.Failureof the GRANTEEto comply within the timeperiod stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and shall result in the impositionof the terms in Paragraph 24. 28.In the event of conflict in the provisions of the RULE,the PROJECT AGREEMENT and the Project Application,the provisions of the RULEshall 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 GRANTEEa notice inwriting and a reasonable timeto comply.If the deficiency isnot corrected within the time specified in the notice,the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 24,if appropriate. 30.Pursuant to section 216.347,Florida Statutes,the GRANTEE,is prohibited from spending FRDAP grant fundsforthe purpose oflobbying the legislature,the judicial branch,or a state agency. 31.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 affiliatewho has been placed on the discriminatory vendor list may not submit abidona contract to provide goods or services toapublic entity,may not submit abidona contract witha public entity for the construction or repair ofapublicbuilding or public work,may not submit bids on leases of real property toapublic entity,may not award or perform work as a contractor,supplier,subcontractor,or consultant under contract DEP Agreement No.F7014,Page 6 of 9 DEP 55-232 (01/05) with any publicentity,andmaynot transact business with any public entity.The FloridaDepartmentof Management Services is responsible for maintaining the discriminatory vendor listwhich may be foundat httD://dms.mvflorida.com/dms/purchasinQ/convicted suspended discrimin atorv complaints vendor lists..Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services,Officeof Supplier Diversity at (850)487-0915. 32.Each party hereto agrees thatitshallbesolely responsible for the wrongful acts ofits employees and agents.However,nothing contained hereinshall constitute a waiver by either partyofits sovereign immunityor the provisions of section 768.28,Florida Statutes. 33.The employment of unauthorized aliens by any GRANTEEis considered a violation of Section 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 include this provisionin ail subcontracts issued as aresultofthis Agreement. 34.A person or affiliate who has beenplacedontheconvicted vendor list following a conviction forapublicentitycrime may not perform work as aGRANTEE, contractor,supplier,subcontractor,or consultant under a contract with any public entity,and maynot transact business with anypublicentityin excess ofthe threshold amount provided in section 287.017,Florida Statutes,for Category Two,fora 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 Florida and shall be construed in accordance with the laws of Florida.Wherever possible, each provision ofthis PROJECT AGREEMENT shallbeinterpreted in such manner as to be effective and valid under applicable Florida law,but if any provision ofthis PROJECT AGREEMENTshall be prohibited or invalid under applicable Florida law,such provision shajl be ineffective to the extent of such prohibitionor invalidity,withoutinvalidating the remainder of such provisionor the remaining provisions ofthis PROJECT AGREEMENT.Any action hereon or in connection herewith shall be brought in Leon County,Florida unless prohibited by applicable law. 36.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. 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 orinteresttoany third party without mutual written agreement of the parties hereto. 38.This PROJECT AGREEMENTis an exclusive contract and may not be assigned inwholeorinpartwithoutthepriorwrittenapprovalofthe DEPARTMENT. 39.The DEPARTMENT shall have no liability except as specifically provided inthis PROJECT AGREEMENT. 40.This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations,variations,changes,modifications or waivers of provisions ofthis PROJECT AGREEMENT shallonlybevalidwhenthey have been reduced to writing inthe form ofan Amendment,duly executedby each oftheparties hereto,and attached to the originalof this PROJECT AGREEMENT. REMAINDER OF PAGE INTENTIONALLYLEFTBLANK DEP Agreement No.F7014,Page 8 of 9 DEP 55-232 (01/05) IN WITNESSWHEREOF,the parties hereto have caused these presents tobe duly executed on the day and year lastwrittenabove. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION /By:. Division D/r£ctor (or'D/esigrjee) Division ofRecreation andParks /S'-fi^ Date Address: Office of Information and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee,Florida 32399-3000 Approved as toForm and Legality: This form has been pre-approved as to form and legalityby Suzanne Brantley, Assistant General Counsel,on January 25,2006,for use for one year. Cityof South Miami By: Printe/d Name:v|^^u 5.MLaA-ClTitle:CfK^Aj,^pu2^v^ Address: 6130 Sunset Drive . South Miami,FL 33143-5093 List of attachments/exhibits included as part of this Agreement: Specify Type Attachment Letter/ Number Description (include number of pages) 1 Special Audit Requirements (5 Pages) DEP Agreement No.F7014,Page 9 of 9 DEP 55-232 (01/05) ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS Theadministration ofresourcesawardedbytheDepartment of EnvironmentalProtection (which maybe referred to as the "Department","DEP","FDEP"or "Grantor",or other name inthe contract/agreement)tothe recipient (which may be referred toas the "Contractor",Grantee"or other name in the contract/agreement)maybe subject toauditsand/ormonitoringbytheDepartment ofEnvironmentalProtection,asdescribedinthis attachment MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,F.S.,as revised(see "AUDITS"below),monitoring procedures may include,butnotbelimitedto,on-sitevisitsby Department staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures.By entering intothis Agreement,the recipient agrees tocomplyandcooperatewithany monitoring procedures/processes deemed appropriate bythe Department of Environmental Protection.Intheeventthe Department of Environmental Protection determines thata limited scopeauditoftherecipientis appropriate,the recipient agrees to comply withany additional instructions provided bythe Department totherecipient regarding such audit Therecipientfurtheragreestocomplyandcooperatewithanyinspections,reviews,investigations,or auditsdeemednecessarybythe Chief FinancialOfficerorAuditorGeneral. AUDITS PART I:FEDERALLY FUNDED Thispartisapplicable if therecipientisaStateorlocalgovernmentoranon-profitorganizationasdefinedinOMB Circular A-133,as revised 1.Intheeventthattherecipientexpends$500,000ormoreinFederalawardsinitsfiscalyear,therecipient musthaveasingleorprogram-specificauditconductedinaccordance with the provisions of OMBCircular A-133,as revised EXHIBIT1tothisAgreementindicatesFederalfundsawardedthroughtheDepartment of EnvironmentalProtectionbythis Agreement Indeterminingthe Federal awardsexpendedinitsfiscal year,the recipient shallconsiderallsources of Federalawards,including Federal resources receivedfrom theDepartment of EnvironmentalProtection.Thedetermination of amounts of Federalawardsexpended should be in accordance with the guidelines established by OMB Circular A-133,as revised An audit of the recipient conductedbytheAuditorGeneralinaccordancewiththe provisions of OMBCircularA-133, as revised,willmeettherequirements of this part 2.InconnectionwiththeauditrequirementsaddressedinPart I,paragraph L,therecipientshallfulfillthe requirementsrelativetoauditeeresponsibilitiesas provided in Subpart C of OMB Circular A-133,as revised. 3.If the recipient expends lessthan$500,000in Federal awardsinitsfiscal year,an audit conducted in accordancewiththeprovisions of OMBCircularA-133,as revised,is not required Intheeventthatthe recipientexpendslessthan$500,000inFederalawardsinitsfiscalyear and electstohaveanaudit conducted in accordance withtheprovisions of OMBCircular A-133,as revised,the cost of theauditmust bepaidfromnon-Federalresources(i.e.,thecost of suchanauditmustbepaidfromrecipient resources obtained from other than Federal entities). 4.Therecipientmayaccess information regarding theCatalog of FederalDomesticAssistance(CFDA)via the internet at http://12.46.245.173/cfda/cfda.html. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F7014,Attachment 1,Page 1 of 5 DEP 55-215 (09/04) PART H:STATE FUNDED Thispartis applicable if the recipient isa nonstate entity as defined by Section 215.97(2)(1),Florida Statutes. 1.Intheeventthattherecipientexpendsatotalamount of Statefinancialassistanceequaltoorinexcess of $300,000inanyfiscalyear of suchrecipient($500,000forfiscalyearsendingonorafterSeptember30, 2004),therecipientmusthaveaStatesingleorproject-specificauditforsuchfiscalyearinaccordance withSection215.97,FloridaStatutes;applicablerules of the Executive Office of theGovernorandthe Chief Financial Officer;andChapters10.550(local governmental entities)or10.650 (nonprofit andfor- profitorganizations),RulesoftheAuditor General EXHIBIT1tothisAgreementindicatesStatefinancial assistance awarded throughtheDepartment of Environmental Protection bythis Agreement.In determining theStatefinancialassistanceexpendedinitsfiscalyear,the recipient shallconsiderallsources of Statefinancialassistance,includingStatefinancialassistancereceivedfromtheDepartment of Environmental Protection,otherstateagencies,andother nonstate entities.State financial assistance does notincludeFederaldirectorpass-throughawardsandresourcesreceivedbyanonstateentityforFederal program matching requirements. 2.Inconnection with theauditrequirementsaddressedinPart n,paragraph1,therecipientshallensurethat theaudit complies withtherequirements of Section215.97(7),Florida Statutes.Thisincludes submission of afinancialreportingpackageasdefinedbySection 215.97(2)(d),FloridaStatutes,andChapters10.550 (local governmental entities)or10.650(nonprofitandfor-profitorganizations),Rules of theAuditor General. 3.If therecipientexpendslessthan$300,000inStatefinancialassistanceinitsfiscalyear($500,000for fiscal years ending onor after September 30,2004),anaudit conducted in accordance with"die provisions of Section215.97,FloridaStatutes,isnotrequired.M theeventthattherecipientexpendslessthan $300,000inState financial assistanceinitsfiscalyear($500,000forfiscalyearsendingonorafter September30,2004),andelectstohaveanauditconductedinaccordancewiththeprovisions of Section 215.97,FloridaStatutes,thecostoftheauditmustbepaidfromthenon-Stateentity'sresources(i.e.,the cost ofsuchanauditmustbepaidfromtherecipient's resources obtainedfromotherthanState entities). 4.For information regarding theFlorida Catalog ofState Financial Assistance (CSFA),arecipientshould accessthe Florida Single Audit Actwebsite located at http://state.fl.us/feaa/cataIog or the Governor's OfSce of PolicyandBudgetwebsitelocatedat http://www.mvflorida.com/mvflorida/government/contracts/opbOffi for assistance.In addition to theabovewebsites,the following websites maybeaccessedfor information:Legislature's Website http://www.leg.state.fLus/.Governor's Website http://www.mvflorida.com/.Department of Financial Services*Website http://www.dbf.state.fl.us/andtheAuditorGeneral'sWebsite http://www.state.fl.us/audgen. PART m:OTHER AUDIT REQUIREMENTS (NOTE:This part would be used to specify any additional audit requirements imposed by the State awarding entity thataresolelya matter ofthat State awarding entity *s policy (te.,the audit isnot required byFederalorStatelaws andis not in conflict with other Federal or State audit requirements).Pursuant to Section 215.97(7)(m),Florida Statutes,Stateagenciesmay conduct or arrange for audits of Statefinancialassistancethatarein addition to audits conducted in accordance with Section 215.97,Florida Statutes.In such an event,the State awarding agency must arrangefor funding thefullcost ofsuch additional audits.) PART IV:REPORT SUBMISSION 1.Copies ofreporting packages for audits conducted in accordance with OMB Circular A-133,as revised, and required by PART I of this Agreement shallbe submitted,when required by Section .320(d),OMB Circular A-133,as revised,byoronbehalfofthe recipient directly toeachofthe following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F7014,Attachment I,Page 2 of 5 DEP 55-215 (09/04) A.TheDepartmentof Environmental Protectionatthefollowing address: Audit Director Florida Department ofEnvironmental Protection Office of the Inspector General,MS40 2600 Blair Stone Road Tallahassee,Florida 32399-2400 B.TheFederal Audit Clearinghouse designatedinOMB Circular A-133,as revised (thenumber of copiesrequiredbySections.320(d)(1)and(2),OMBCircular A-133,asrevised,shouldbe submitted tothe Federal Audit Clearinghouse),atthe following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th 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 ofthe reporting package described in Section .320(c),OMB Circular A-133,as revised,andany management lettersissuedbythe auditor,tothe Department of Environmental Protection the following address: Audit Director - FloridaDepartment of Environmental Protection Office of theInspector General,MS40 2600 Blair Stone Road Tallahassee,Florida 32399-2400 3.Copies of financial reporting packages required by PART IIofthis Agreement shallbe submitted byoron behalf of therecipientdirectlvtoeach of thefollowing: A.The Department of Environmental Protection atthefollowing address: Audit Director Florida Department of Environmental Protection Office ofthe Inspector General,MS40 2600 Blair Stone Road Tallahassee,Florida 32399-2400 B.TheAuditorGeneral'sOfficeatthefollowingaddress: State of Florida Auditor General Room 401,ClaudePepperBuilding 111 West Madison Street Tallahassee,Florida 32399-1450 4.Copies of reports or management letters required by PART IIIof this Agreement shall be submitted byor on behalf of the recipient directlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office ofthe Inspector General,MS40 2600 Blair Stone Road Tallahassee,Florida 32399-2400 DEP Agreement No.F7014,Attachment 1,Page 3of5 DEP 55^215 (09/04) 5.Any reports,management letters,orother information required tobe submitted tothe Department of Environmental Protection pursuanttothisAgreementshallbe submitted timelyinaccordancewith OMB CircularA-133,FloridaStatutes,orChapters10.550(localgovernmentalentities)or10.650(nonprofitand for-profitorganizations),Rules of theAuditorGeneral,as applicable. 6.Recipients,whensubmittingfinancialreportingpackagestotheDepartment of EnvironmentalProtection for audits done inaccordancewithOMB Circular A-133,orChapters10.550 (local governmental entities) or 10.650 (nonprofitandfor-profitorganizations),Rules of theAuditorGeneral,should indicatethedate thatthereportingpackagewasdeliveredtotherecipientin correspondence accompanyingthereporting package. PART V:RECORD RETENTION The-recipient shall retain sufficient records demonstrating itscompliancewiththe terms of this Agreement fora period of 5yearsfromthedatetheauditreportisissued,and shallallowthe Department of Environmental Protection,oritsdesignee,ChiefFinancialOfficer,orAuditorGeneralaccesstosuchrecordsupon request The recipient shall ensure that audit working papers aremade available tothe Department of Environmental Protection, oritsdesignee,Chief FinancialOfficer,orAuditorGeneraluponrequestforaperiod of 3yearsfromthedatethe audit report is issued,unlessextendedinwritingbythe Department ofEnvironmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F7014,Attachment 1,Page 4 of 5 DEP 55-215 (09/04) EXHIBIT-1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of ti^n^T State Resources Awarded to the Recipient Pursuant to this Agreement <W«,of the Fo„owinP Ma,f^^^ Federal Program Number for Federal Programs: Federal Agency CFDA CFDA Title Funding Amount State Respurces Awanleu to the Recipient Pursuant to this A.reen,^r0Mslst of ,he FoHowlnp Reso||rces ^^to Catalog of State Financial Assistance Number Section 215.97,F.S.: State Program Number F07014 Funding Source LATF State Fiscal Year 2006-2007 37.017 CSFA Title or Funding Source Description Florida Recreation Development Assistance Program Total Award Funding Amount 200,000.00 5£5^!S?5y,gSS^bribed in the Catalog of Federal Domestic Assistance (CFDA)which the funds are to be used m^^^Sl^S^^^T^Assistance (CSFA)[hup://State.fl;us/fSaa/catalog].The services/purposes fo«re inciuaea in toe Contract scope of services/work.Any match required bvtherecinient i*r.Wlv lnJinat„A in a.nilJL State Appropriation Category State Appropriation Category 140002-07 ;$fe¥20o;ooo:oo^ Any match required bythe recipient is clearly indicated in the Contract. DEP Agreement No.F7014,Attachment 1.Page 5of5 DEP 55-215 (09/04).