Res. No. 127-06-12268RESOLUTION NO.1 27-06-1 2268
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
PROTECTION FOR THE ACQUISITION OF THE DISON PROPERTY;
PROVIDING AN EFFECTIVE DATE
WHEREAS,theMayorandCityCommissionwishestoacceptthegrantfromFloridaRecreation
Development Assistance Program (FRDAP);and
WHEREAS,theFloridaRecreationDevelopmentAssistanceProgram(FRDAP)isadministered
by Florida Department of Environmental Protection;and
WHEREAS,theMayorandCityCommissionauthorizedthesubmission of thegrantapplication
July 26,2005 through Resolution No:102-05-12081;and
WHEREAS,the project agreement is intended toawardthe City $200,000.00 forthe acquisition
of the Dison Property located at 8021 SW58 Avenue.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI THAT:
Section 1.That theCity Manager isauthorizedtoexecuteagrant project agreement with
Florida Recreation Development AssistanceProgram,administeredbyFloridaDepartment of
Environmental Protection forthepurchase of theDisonproperty.
Section 2.Thisresolutionshalltakeeffectimmediatelyuponexecution.
PASSED AND ADOPTED this
ATTEST:
is m\ay of
READ AND APPROVED AS TO FORM:
CITY^cTTORNEY
APPROVED:
MAYOR
Commission Vi
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
_,2006.
4-0
Yea
Yea
absent
Yea
Yea
To:
Via:
From:
Date:
Subject:
Request:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor Feliu andMembers of theCity Commission
Yvonne S.McKinley,City Managdr l!^W/w^/
Julie L.Dalzell
Grants Administrator
South Miami
AS-AmericaCity
w
2001
10
July 25,2006
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 PROTECTION FOR THE ACQUISITION OF THE
DISON PROPERTY;PROVIDING AN EFFECTIVE DATE
Authorization fortheCityManagertoexecutea Project Agreement withFlorida
Department of Environmental Protection Florida Recreation Development Assistance
Program (FRDAP)for acquisition of theDison Property located at 8021 SW58Avenue.
Reason/Need:In consistent efforttomaintainandimprovethegeneral livability of thecity through the
availability of recreation/open space,theParksand Recreation Department identifies
opportunities forthe City to increase available sites within thecity.The efforts relative to
the Dison Property are:
•August,2005 FRDAP application submitted for maximum allowable amount of
$400,000 with dollar for dollar match between FRDAP and the City requiring
$200,000 match fromtheCity
•Atthetime of submission and included inthe authorizing Resolution package,itwas
known thatafullgrantaward would provide only partial funding fortheDison
Property acquisition
•May,2006 Florida Communities Trust (FCT)application submitted for $1,000,000 for
acquisition of Dison Property with75/25splitwith $250,000 match pledged by the
City asan application required
•The $200,000 FRDAPgrantcanbeusedtowardsthe $250,000 match requirement on
the FCT grant should the FCT grantbe funded (announcement expected late
September,2006)
•Any amount donated in-kind totheCitybythe property owner could also be used
towards the City's match requirement fortheFCTgrant
•The$400,000FRDAPgrantalonedoesnotprovidesufficientfundsfortheacquisition
of the Dison Property
•Should the FCT application notbefullyfunded,the City will need to pursue additional
funding to complete this project
•ShouldadequatefundingnotbeavailablethroughtheCity,theCitywillhavetorefuse
the FRDAP $200,000 award
Cost:Aspart of theapplicationprocess,theCity of SouthMiamipledgedlocalfunds of
$200,000toprovidethequalifyingdollarfordollarmatch.Matchingfunds of $200,000
are required in order to receive the $200,000 fromthisgrant.
Funding Source:$200,000 from FRDAP Grant
$200,000 FY 2006-2007 Budget DebtService Account #2100-519-9923
Backup Documentation:
•Proposed Resolution
•FRDAP Project Agreement
•Ordinance No:102-05-12081
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 tSs day of Nffilffiltof,
2006,byand between theSTATEOF FLORIDA DEPARTMENTOF
ENVIRONMENTAL PROTECTION,hereinafter called the DEPARTMENT,and the City
of South Miami,hereinafter called the GRANTEE,alocal government,in furtherance of
anapproved public outdoor recreation project.In considerationofthemutual
covenants contained herein and pursuant to section 375.075,Florida Statutes,and
chapter62D-5,PartV,Florida AdministrativeCode,the partieshereto agree as follows:
1.This PROJECT AGREEMENT shall be performed in accordance with section
375.075,Florida Statutes;and chapter 62D-5,PartV,Florida Administrative
Code,effective August 15,2004,hereinaftercalled the RULE.The GRANTEE
shall comply withallprovisionsof the RULE,whichisincorporatedintothis
PROJECT AGREEMENT as if fully set forthherein.Itis 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 DisonProperty(Florida Recreation
Development Assistance Program,FRDAPProject Number F07014),hereinafter
called the PROJECT,and enters into this PROJECT AGREEMENT with the
GRANTEE for the acquisition of that realproperty,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/parJcs/oirs.Further,the GRANTEE will also
receive all applicable formsforadministration of projectwith GRANTEE'S copy of
fully executed PROJECT AGREEMENT.
DEP Agreement No.F7014,Page 1 of 9 KanK/p*KnMign=5vDEP55-232 (01/06)PftRjgjQ
9-
Within three (3)years from the completion date set forthin the PROJECT
completion certificate,the GRANTEE shall construct,or cause to be constructed,
certainpublic outdoor recreationfacilities and improvements in accordance with
the following development elements:Picnic facilities,walking trail,landscaping
and other related support facilities.These elements may be modified bythe
DEPARTMENT if the GRANTEE shows good cause.
The DEPARTMENT shallpay,ona reimbursement basis,to the GRANTEE,
fundsnotto exceed $200,000.00,which will pay the DEPARTMENT'S share of
the cost ofthePROJECT.DEPARTMENTfundingis based uponthe following:
DEPARTMENT Amount:$200,000.00 50%
GRANTEE Match:$200,000.00 50%
Type of Match:Cash
6.The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT fora proper pre-audit and post-audit review.Within sixty
(60)days after receipt 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
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form,DEP Form FPS-A036,referenced ins.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 register)to evaluate the appropriateness of costs to the 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 planto 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.dbf.state.fl.us/aadir/FSAAIndex.html.
8.The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure,hereinafter called the
PROCEDURE,incorporated intothis PROJECT AGREEMENT by reference as if
fully set forth herein.All purchases of goods and services for accomplishment of
the PROJECT shall be secured in accordance with the GRANTEE'S adopted
procurement procedures.Expenses representing the PROJECT costs,including
the required matching contribution,shall be reported to the DEPARTMENT and
summarized on certification forms provided in the PROCEDURE.The
DEPARTMENT and GRANTEE agree to use the 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 of Florida's performance and obligation to pay under this
Agreement is contingent uponanannualappropriationby 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 hereinshallbe
subject topre-auditreviewandapprovalbythe State of Florida Chief Financial
Officer in accordance with section 17.03(2),Florida Statutes.
13.PROJECT funds may be reimbursed foreligible Preagreement Expenses (as
defined ins.62D-5.054(34)of the RULE)incurredby 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 tothe execution ofthis 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 GRANTEE shall submit the
documentation requiredby the Florida Recreation Development Assistance
ProgramAcquisitionProject Pre-reimbursement/Commencement Documentation
Form,DEP Form FPS-A034,referenced ins.62D-5.058(6)(f)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
acquisition and approve the request for payment.
15.This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete acquisition of the PROJECT site by
(hereinafter referred to as the PROJECT completion
date),at which time all payment requests and completion documentation will be
DEP Agreement No.F7014,Page 3 of 9
DEP 55-232 (01/05)
duetothe DEPARTMENT.The GRANTEE mayrequestuptotwo(2)one-year
extensions from the DEPARTMENT for good cause by the submission ofa
written request tothe DEPARTMENT.Suchrequest must be made prior tothe
PROJECT completion date.The GRANTEE understands that the funds
supporting thisAgreementaresubjectto certification forward approval bythe
Governor's Office on June 30th each year.The GRANTEE understands and
agrees thatif the Governor's Office does not approve the DEPARTMENT'S
request tocertifythefunds forward,theGRANTEE will notbe eligible for
reimbursement after the Governor's Office denies the certification forward..
16.The GRANTEEshall retain all recordssupporting PROJECT costs for five(5)
yearsafterthe fiscal yearinwhichthe final PROJECT payment was releasedby
the DEPARTMENT or until final resolutionof matters resultingfromany litigation,
claimorauditthatstarted prior totheexpirationofthefive-yearretention period.
The DEPARTMENT,State Auditor General,State Chief Financial Officer and
other agencies or entities withjurisdictionshall have the rightto inspect and audit
the GRANTEE'S records for said PROJECT during the PROJECT and withinthe
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 afunding increase or decrease.The revised
Exhibit-1shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1.If the GRANTEE failsto receive a revised copy of
Attachment 1,Exhibit-1,the GRANTEE shallnotify the DEPARTMENT'S 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 allowed a maximum of thirty (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 of its terms and
conditions and shall approve all reimbursement requests priorto payment.The
GRANTEE'S Grant Manager,as identified in paragraph 20,or successor,shall
act on behalf of the GRANTEE relativeto the provisions of this PROJECT
AGREEMENT.The GRANTEE,shall submit to the 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)
completion,and other informationwhich may be requested by the
DEPARTMENT.
20.Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent byUnited States Postal Service to the parties at the
following addresses:
GRANTEE'S Grant Manager
Ms.Julie L.Dafeell
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
21.Prior to final reimbursement,the GRANTEE must erect a permanent information
signon the PROJECT site which credits PROJECT fundingoraportion 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 anyand all
records related thereto at any reasonable time.
23.This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access toall
documents,papers,letters,or other materials made or received by the
GRANTEEin conjunction withthis PROJECT AGREEMENT unless the records
are exempt under Section 24(a)ofArticle I of the State Constitution and Section
119.07(1),Florida Statutes.
24.Prior to the closing of the PROJECT,the DEPARTMENT shall have the rightto
demand a refund,either in whole orin part,of the FRDAP funds provided to the
GRANTEEfor 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 refundshall
begin the date that the GRANTEE was informed that arefund was required and
continues to accrue until the date the refund and interest are paid to the
DEPARTMENT.
25.The GRANTEE shall comply withall federal,state and local regulations,rules
and ordinances in acquiring and developing this PROJECT.The GRANTEE
acknowledges that this requirement includes compliance withall federal,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 inall 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 62D-5.059(1)
of the RULE.All dedications must be recorded in the county property records by
the GRANTEE.Such PROJECT shall be open at reasonable times and shall be
managed ina safe and attractive manner appropriate for public use.
27.Failureto 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 particularviolationsstatinga reasonable time to comply.Failureof
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 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 RULE shall
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 GRANTEE a
notice inwriting and a reasonable time to 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 FRDAPgrantfunds for the purpose oflobbying the legislature,the
judicial branch,ora state agency.
31.A.No person on the grounds ofrace,creed,color,nationalorigin,age,sex,
marital status ordisability,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 abidona contract to provide goods or services toapublic
entity,may not submit abidona contract withapublic entity for the
construction orrepair of apublicbuildingor 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 public entity,andmaynottransact business withany public
entity.The Florida Departmentof Management Services isresponsible for
maintainingthe discriminatory vendorlistwhich may be foundat
http://dms.mvflorida.com/dms/purchasing/convicted suspended discrimin
atorvcomplaintsvendor lists.Questions regarding the discriminatory
vendor listmaybedirectedtothe Florida Department of Management
Services,Officeof Supplier Diversityat(850)487-0915.
32.Each party heretoagreesthatit shall besolelyresponsible for the wrongful acts
of its employees and agents.However,nothing contained hereinshall constitute
a waiver byeitherpartyofits sovereign immunityor the provisionsofsection
768.28,Florida Statutes.
33.The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e)oftheImmigrationandNationalityAct.If the
GRANTEE knowingly employs unauthorized aliens,such violation shall be cause
for unilateral cancellation of this Agreement.The GRANTEE shall include this
provision inall subcontracts issued as a result of this Agreement.
34.A person oraffiliate who has been placed on the convicted vendor listfollowinga
conviction forapublic 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,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 of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Floridalaw,but if any
provision of this PROJECT AGREEMENT shall be prohibited orinvalid under
applicable Floridalaw,such provision shall be ineffective to the extent of such
prohibitionorinvalidity,without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT.Any action hereon orin
connection herewith shall be brought in Leon County,Florida unless prohibited
by applicable law.
36.No delay orfailureto 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;norshall 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 or interest to any third party without mutual written
agreement of the parties hereto.
38.This PROJECT AGREEMENT isan exclusive contract and may not be assigned
in whole orinpart without the prior written approval of the DEPARTMENT.
39.The DEPARTMENT shall have no liability except as specifically provided in this
PROJECT AGREEMENT.
40.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.F7014,Page 8 of 9
DEP 55-232 (01/05)
IN WITNESS WHEREOF,thepartieshereto have caused these presents tobe
duly executed on the dayandyearlastwritten above.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Bv:/?..,Division Doctor
Division of"Recreatib/i and Parks
Date l
Address:
Office of Information and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee,Florida 32399-3000
Approved as toFormandLegality:
This form has been pre-approved as to
formandlegalityby Suzanne Brantley,
Assistant General Counsel,on
January 25,2006,for use for one year.
City of South Miami
By:
Printed Name:V|0o*^5.IMUaI^jlTitle:CJtM\W^vwe&<<~I
fl-rflofc
Date
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
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department","DEP","FDEP"or "Grantor",or other name in the contract/agreement)tothe recipient
(which may be referred toas the "Contractor",Grantee"or other name in the contract/agreement)maybe subject
toauditsand/or monitoring bytheDepartment of Environmental Protection,as described inthisattachment.
MONITORING
Inadditiontoreviews of auditsconductedin accordance withOMBCircular A-133 andSection 215.97,F.S.,as
revised (see"AUDITS"below),monitoring procedures may include,butnotbe limited to,on-site visitsby
Department staff,limitedscopeauditsas defined byOMBCircular A-133,asrevised,and/orother procedures.By
entering intothisAgreement,the recipient agreestocomplyand cooperate withany monitoring
procedures/processes deemed appropriatebythe Department of Environmental Protection.Intheeventthe
Department ofEnvironmental Protection determines thatalimitedscopeauditoftherecipientis appropriate,the
recipientagreestocomplywithany additional instructions providedbytheDepartmenttotherecipient regarding
suchaudit.Therecipientfurtheragreestocomplyandcooperatewithanyinspections,reviews,investigations,or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient isaStateorlocal government ora non-profit organization as defined inOMB
Circular A-133,as revised.
1.Inthe event thattherecipientexpends$500,000ormoreinFederalawardsinitsfiscalyear,therecipient
must havea single or program-specific audit conducted in accordance withthe provisions of OMBCircular
A-133,asrevised.EXHIBIT1tothisAgreementindicatesFederalfundsawardedthroughtheDepartment
of Environmental Protection bythis Agreement.In determining the Federal awards expended initsfiscal
year,the recipient shall consider all sources of Federal awards,including Federal resources received from
the Department of Environmental Protection.The determination of amounts of Federal awards expended
should bein accordance withthe guidelines established by OMB Circular A-133,as revised.An audit of
the recipient conducted bythe Auditor Generalin accordance with the provisions of OMB Circular A-133,
as revised,will meet the requirements of thispart.
2.In connection with the audit requirements addressed in Part I,paragraph 1.,the recipient shallfulfillthe
requirements relative toauditee responsibilities as provided in Subpart C of OMB Circular A-133,as
revised.
3.If the recipient expends lessthan $500,000 in Federal awards initsfiscalyear,an audit conducted in
accordance with the provisions of OMB Circular A-133,as revised,isnot required.Inthe event thatthe
recipient expends lessthan $500,000 in Federal awards initsfiscal year and elects tohaveanaudit
conducted in accordance withthe provisions of OMB Circular A-133,as revised,the cost of the audit must
bepaidfromnon-Federalresources(i.e.,thecost of suchanauditmustbepaidfromrecipientresources
obtained from other than Federal entities).
4.The recipient mayaccessinformationregardingtheCatalog of Federal Domestic Assistance (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
This part is applicable if the recipient isa nonstate entityas defined bySection 215.97(2)(1),Florida Statutes.
1.Inthe event thattherecipientexpendsatotalamount of Statefinancialassistanceequaltoorinexcessof
$300,000 inanyfiscalyear of such recipient ($500,000 forfiscalyearsendingonorafter September 30,
2004),the recipient musthaveaState 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 andthe
Chief Financial Officer,and Chapters 10.550(local governmental entities)or 10.650 (nonprofit andfor-
profit organizations),Rules of the Auditor General.EXHIBIT 1tothis Agreement indicates Statefinancial
assistance awarded throughthe Department of Environmental Protection bythis Agreement.In
determining theStatefinancial assistance expended initsfiscalyear,the recipient shall consider allsources
of Statefinancialassistance,including Statefinancialassistance received fromthe Department of
Environmental Protection,other state agencies,and other nonstate entities.State financial assistance does
not include Federal direct or pass-through awards and resources received bya nonstate entity forFederal
program matching requirements.
2.In connection withthe audit requirements addressed inPartII,paragraph 1,the recipient shall ensure that
the audit complies withthe requirements of Section 215.97(7),Florida Statutes.This includes submission
of a financial reporting package as defined by Section 215.97(2)(d),Florida Statutes,and Chapters 10.550
(local governmental entities)or10.650 (nonprofit and for-profit organizations),Rules of theAuditor
General.
3.If the recipient expendslessthan $300,000 inStatefinancial assistance initsfiscalyear ($500,000 for
fiscal years ending onorafter September 30,2004),anaudit conducted in accordance withthe provisions
of Section 215.97,Florida Statutes,isnot required.Inthe event thatthe recipient expends lessthan
$300,000 inStatefinancial assistance initsfiscalyear ($500,000 for fiscal years ending onorafter
September30,2004),andelectstohaveanauditconductedinaccordancewiththeprovisions of Section
215.97,Florida Statutes,the cost of the audit must be paid fromthe non-State entity's resources (i.e.,the
cost of suchanauditmustbepaidfromthe recipient's resourcesobtainedfromotherthanStateentities).
4.ForinformationregardingtheFloridaCatalog of StateFinancialAssistance(CSFA),arecipientshould
accesstheFloridaSingleAuditActwebsitelocatedat http://state.fl.us/fsaa/catalog ortheGovernor's
Office of Policy and Budget website located at
http://www.mvflorida.com/mvflorida/govem forassistance.Inadditionto
the above websites,thefollowingwebsitesmaybeaccessedforinformation:Legislature's Website
http://www.leg.state.fl.us/.Governor'sWebsitehttp://www.mvflorida.com/.Department of Financial
Services'Website http://www.dbf.state.fl.us/andthe Auditor General's Website
http://www.state.fl.us/audgen.
PART HI:OTHER AUDIT REQUIREMENTS
(NOTE:Thispartwouldbeusedtospecifyanyadditionalaudit requirements imposedbytheStateawarding entity
thataresolelyamatter ofthatStateawarding entity'spolicy(i.e.,theauditisnotrequiredbyFederalorStatelaws
andisnotinconflict with otherFederalorStateaudit requirements).PursuanttoSection215.97(7)(m),Florida
Statutes,Stateagenciesmayconductorarrange for audits of Statefinancialassistancethatarein addition to
audits conducted in accordance withSection 215.97,Florida Statutes.Insuchanevent,theStateawardingagency
mustarrange forfundingthefull cost ofsuchadditionalaudits.)
PART IV:REPORT SUBMISSION
1.Copies of reportingpackagesforauditsconductedinaccordancewithOMBCircularA-133,asrevised,
and required byPARTI of this Agreement shallbesubmitted,when required by Section .320(d),OMB
Circular A-133,asrevised,byoron behalf of the recipient directly toeach of the following:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.F7014,Attachment 1,Page 2 of 5
DEP 55-215 (09/04)
A.The Department of Environmental Protection atthe following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS40
2600 Blair Stone Road
Tallahassee,Florida 32399-2400
B.The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised (the number of
copies required by Sections .320(d)(1)and(2),OMB Circular A-133,as revised,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,asrevised,the recipient shall submit acopy of the
reportingpackagedescribedinSection.320(c),OMBCircularA-133,asrevised,andanymanagement
letters issued by theauditor,tothe Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS40
2600 Blair Stone Road
Tallahassee,Florida 32399-2400
3.Copies of financialreportingpackagesrequiredbyPARTII of this Agreement shallbesubmittedbyoron
behalf of the recipient directlytoeach of the following:
A.TheDepartment of EnvironmentalProtectionatthefollowingaddress:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS40
2600 Blair Stone Road
Tallahassee,Florida 32399-2400
B.The Auditor General's Office atthe following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32399-1450
4.Copies of reportsor management lettersrequiredbyPARTIII of this Agreement shall besubmittedbyor
on behalf of the recipient directlytothe Department of Environmental Protection atthefollowingaddress:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS40
2600 Blair Stone Road
Tallahassee,Florida 32399-2400
DEP Agreement No.F7014,Attachment 1,Page 3 of 5
DEP 55-215 (09/04)
5.Any reports,management letters,or other information required tobe submitted tothe Department of
Environmental Protection pursuant tothis Agreement shallbe submitted timelyin accordance withOMB
Circular A-133,Florida Statutes,or Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
6.Recipients,when submitting financialreporting packages tothe Department of Environmental Protection
for audits done in accordance withOMB Circular A-133,or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,should indicate thedate
thatthe reporting package was delivered tothe recipient in correspondence accompanying the reporting
package.
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with theterms of this Agreement fora
period of 5 years from thedatethe audit report isissued,andshall allow the Department of Environmental
Protection,orits designee,Chief Financial Officer,or Auditor General access to such records upon request.The
recipient shall ensure that audit working papersaremade available tothe Department of Environmental Protection,
orits designee,Chief Financial Officer,or Auditor General upon request fora period of 3yearsfromthedatethe
audit report is issued,unless extended in writing bythe Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.F7014,Attachment 1,Page4 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 the Following:
Federal
Program
Number Federal Agency
CFDA
Number CFDA Title Funding Amount
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
Number Federal Agency CFDA CFDA Title Funding Amount
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97,F.S.:
State
Program
Number Funding Source
State
Fiscal Year
Catalog of
State
Financial
Assistance
Number
CSFA Title
or
Funding Source Description Funding Amount
State
Appropriation
Category
F07014 LATF 2006-2007 37.017 FloridaRecreation Development
Assistance Program
200,000.00 140002-07
Total Award 200,000.00
Foreachprogramidentifiedabove,therecipientshallcomplywiththeprogramrequirementsdescribedintheCatalog of FederalDomesticAssistance(CFDA)
rhttp://12.46.245.173/cfda/cfda.htmll and/or theFloridaCatalog of StateFinancialAssistance(CSFA)[http://state.fl.us/fsaa/catalog].Theservices/purposesfor
whichthe funds aretobeusedareincludedintheContractscope of services/work.AnymatchrequiredbytherecipientisclearlyindicatedintheContract.
DEP Agreement No.F7014,Attachment 1,Page 5 of 5
DEP 55-215 (09/04)
102-05-12081
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION FOR FUNDING THROUGH THE FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR THE
ACQUISITION OF THE DISON PROPERTY;PROVIDING AN EFFECTIVE
DATE
WHEREAS,theCity of SouthMiamiParksandRecreationDepartmenthasreceivedgrant
fundinginthepastfromtheFloridaRecreation Development Assistance Program(FRDAP);and
WHEREAS,theFlorida Department of Environmental Protection which administers theFRDAP
grantprogramhasannouncedtheopening of the2006-07application period;and
WHEREAS,theParksand Recreation Department has identified the acquisition of theDison
propertyasapotentialFRDAPproject.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI:
Section L
Florida Department
Dison property.
ThattheCityManagerisauthorizedtosubmitagrant appli
of Environmental Protection for FRDAP grantfundingforthe
Section2.Thisresolutionshalltakeeffectimmediatelyuponexecution.
PASSED AND ADOPTED this
READ AND APPROVED AS TO FORM:
TTORNEYCJX¥^Cl
••:.•.*,•yf...»?»,••.
Commission Vote:5-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
CommissionerBirts-Cooper:Yea
Commissioner Sherar:Yea
Commissioner Wiscombe:Yea
to the
e of the