Res No 145-14-14239RESOLUTION NO.145-14-1 4239
A Resolution authorizing theCity Manager to execute afiscal year 2015
Florida Recreation Development Assistance Program (FRDAP)grant
agreement with Florida Department of Environmental Protection forthe
Fuch's Park grant.
WHEREAS,theMayorandCityCommissiondesiretoacceptthegrantfromtheFlorida
Department of Environmental Protection;and
WHEREAS,the Agreement will provide fundingforthe Fuch's Park project;and
WHEREAS,the City Manager is authorized to execute the grant agreement inan amount
of $50,000;and
WHEREAS,the grant contract shall become effective upon execution by both parties
andthe grantee shall complete construction of all project elements onor before April 30,2017.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1:TheCity Manager ishereby authorized to execute thegrant agreement with
theFlorida Department of Environmental ProtectionfortheFuchsPark project intheamount of
$50,000.Thegrant agreement isattachedtothisresolution.
Section 2:Thisresolutionshallbeeffectiveimmediatelyaftertheadoptionhereof.
PASSED AND ADOPTED this22day of July
ATTEST:
_,2014.
APPROVED:
CITY CLE
READ AND APPROVED AS TO FORM
LANGUAGE.LEGALITY AND
COMMISSION VOTE:5-0
Mayor Stoddard:yea
Vice Mayor Harris:yea
Commissioner Edmond:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Yea
South'*Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:The Honorable Mayor&Members of the City Commission
From:Steven Alexander,City Manager
Date:July 22,2014 Agenda ItemNo.J_
Subject:
Background:
Amount:
Attachments:
A Resolution authorizing the City Manager to execute afiscal year
2015 Florida Recreation Development Assistance Program
(FRDAP)grant agreement withFlorida Department of
Environmental Protection for the Fuch's Park grant.
The Cityof South Miami applied fora $50,000.00 the Florida
Recreation Development Assistance Program grant from the
Florida Department of Environmental Protection for the Fuchfs
Park project.
The funds will be used for the following:
-playground
-pavillion restoration
-restroom renovation
-park amenities (benches,picnic tables,grills etc.)
This grant does notrequire matched funds from the Cityof South
Miami.The grant contract shall become effective upon execution
byboth parties and the grantee shall complete construction ofall
project elements onor before April30,2017.
$50,000.00
Agreement
DEP Agreement No.A5162
CSFA Number 37.017
CSFA Title:FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2014-2015)-DEVELOPMENT
q This PROJECT AGREEMENT is made and entered into this &#\day of
\jefl&YhhtA>2014,by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION,whose address is 3900 Commonwealth Boulevard,Mail
Station 595,Tallahassee,Florida 32399 hereinafter called the DEPARTMENT,and the CITY
OF SOUTH MIAMI,whose address is 6130 Sunset Drive,South Miami,Florida 33143
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,thepartiesheretoagreeas follows:
1.This PROJECT AGREEMENT shall become effective upon execution by both parties
andthe GRANTEE shall complete construction of all PROJECT ELEMENTS onor
before April 30,2017 (hereinafter referred to as the PROJECT completion date).
2.The DEPARTMENT has found that public outdoor recreation is the primary purpose of
the project known as Fuchs Park (Florida Recreation Development Assistance Program
(FRDAP),FRDAP Project Number A15162),hereinafter called the PROJECT,and
enters into this PROJECT AGREEMENT with the GRANTEE for the development of that
real property,the legal description of which shall be submitted tothe DEPARTMENT as
described in the Florida Recreation Development Assistance Program Development
Commencement Documentation Checklist,DEP Form FPS-A034.
3.The GRANTEE agrees to conduct the PROJECT in accordance with the terms and
conditions set forth in this AGREEMENT,Attachment 1,PROJECT Work Plan,and all
exhibits and attachments references herein and made a part hereof PROJECT
ELEMENTS may be modified by the DEPARTMENT if the GRANTEE shows good
cause and the DEPARTMENT approves the modification.Any revisions tothe
PROJECT ELEMENTS asset forth in the approved Project Application and Attachment
1 must be formally requested by the GRANTEE and,if agreed upon by the
DEPARTMENT,the modifications will be reduced to writing in an amendment to this
PROJECT AGREEMENT.PROJECT planning expenses cannot exceed 15%ofthe
PROJECTcosttobe eligible for reimbursement.
DEP Agreement No.AS162,Page1of12
DEP 55-231 (06/14)
4.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 become familiar with
and comply with all provisions ofthe RULE,which is incorporated into this PROJECT
AGREEMENT asif fully set forth herein.It isthe intent ofthe DEPARTMENT andthe
GRANTEE that none ofthe provisions of section 163.01,Florida Statutes,shall apply to
this PROJECT AGREEMENT.
5.All forms referenced in this PROJECT AGREEMENT may be found at
www.dep.state.fl.us/parks/oirs.
6.Prior to commencement of PROJECT development,the GRANTEE shall submit the
documentation required by the Florida Recreation Development Assistance Program,
Commencement Documentation Checklist,DEP Form FPS-A034,referenced ip s.62D-
5.058(7)(c)of the RULE,to the DEPARTMENT.Upon determining 'that the
documentation complies with the RULE,the DEPARTMENT will give written notice to
GRANTEE to commence thedevelopment.
7.The GRANTEE shall obtain all required local,state and federal permits and approvals
prior to completion ofthe PROJECT construction and shall certify that it has done soto
the DEPARTMENT by completing the Project Completion Certification,DEP Form FPS-
A037,referencedins.62D-5.058(7)(d)ofthe RULE.
8.A.The GRANTEE may subcontract work under this PROJECT AGREEMENT
without the prior written consent ofthe DEPARTMENTS Grant Manager.The payment
terms of subcontracts (other than construction and the purchase of commodities)shall
comply with the terms ofthis Agreement.Regardless ofany subcontract,the Grantee is
ultimately responsible for all work performed under this Agreement.The GRANTEE
mayalsobe required tosubmitacopyofeachexecuted subcontract tothe
DEPARTMENT within ten (10)days after execution.The GRANTEE agrees tobe
responsible for the fulfillment of all work elements included in any subcontract and
agrees tobe responsible for the payment of all monies due under any subcontract.It is
understood andagreedbythe GRANTEE thatthe DEPARTMENT shall notbe liable to
any subcontractor for anyexpensesor liabilities incurred under the subcontract andthat
the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
B.Subcontractors -Payments to subcontractors must be substantiated by copies of
invoices with backup documentation identical to that required from the GRANTEE.
Subcontracts which involve payments for direct salaries shall clearly identify the
personnel involved,salary rate per hour,and hours/time spent on the project.All
multipliers used (i.e.fringe benefits,overhead,and/or general and administrative rates)
shall be supported by audit.If the DEPARTMENT determines that multipliers charged
by any subcontractor exceeded the rates supported by audit,the GRANTEE shall be
required to reimburse such funds to the DEPARTMENT within thirty calendar (30)days
of written notification.Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration.Additionally,independent
ofthe GRANTEE'S contract obligations tothe Subcontractor,the DEPARTMENT shall
not reimburse any ofthe following types of charges:cell phone usage,attorneys1 fees
(other than title work),civil or administrative penalties,handling fees,such as set percent
DEP Agreement No.A5162,Page2of12
DEP55-231(06/14)
overages associated with purchasing supplies or equipment.For fixed price (vendor)
subcontracts,the following provisions shall apply:
i.The GRANTEE may award,ona competitive basis,fixed price
subcontracts to consultants/contractors in performing theworkdescribed
in Attachment 1.Invoices submitted tothe DEPARTMENT for fixed price
subcontracted activities shall-be supported with acopyofthe
subcontractor'sinvoiceandacopyofthetabulationformforthe
competitive procurement process (Invitation to Bid orRequest for
Proposals)resulting inthefixedpricesubcontract.
ii.TheGRANTEEmayrequestapproval from theDEPARTMENTtoaward
a fixed pricesubcontract resulting from procurementmethodsotherthan
those identified inthe paragraph above.In thisinstance,the GRANTEE
shallrequesttheadvance written approval from theDEPARTMENTS
GrantManagerofthe fixed price negotiatedbythe GRANTEE.Theletter
ofrequest shall be supported bya detailed budgetandScopeofServices
tobe performed bythe subcontractor.Upon receipt ofthe
DEPARTMENT Grant Manager's approval ofthefixed price amount,the
GRANTEEmayproceedin finalizing the fixed price subcontract.
iii.All subcontracts are subject tothe provisions of paragraph 8 and any
other appropriate provisionsofthis PROJECT AGREEMENT which affect
subcontracting activities.
9.Land owned bythe GRANTEE,which is developed or acquired with FRDAP funds,shall
be dedicated in perpetuity asan outdoor recreation sitebythe GRANTEE for theuse
andbenefitofthe public asstated in section 62D-5.059(1)ofthe RULE.Land under
control otherthanby ownership ofthe GRANTEE,suchasbylease,shall be dedicated
asan outdoor recreation area for theuseand benefit ofthe public for a minimum period
of twenty-five (25)years from the completion dateset forth in the PROJECT completion
certificate.All dedications mustbe recorded in the county property records bythe owner,
orbythe GRANTEE iftheownerhas given GRANTEE authority todoso.Such
PROJECT shall beopenat reasonable timesand shall be managed in asafeand
attractive manner appropriateforpublicuse.
10.The GRANTEE must erect a permanent information sign onthe PROJECT site which
credits PROJECT funding ora portion thereof,tothe Florida Department of
Environmental Protection and the Florida Recreation Development Assistance Program.
Thesignmustbemadeof appropriate materials,which will bedurableforaminimumof
twenty-five (25)yearsafterthe PROJECT is complete.Thesignmustbe installed on
thePROJECTsiteandapprovedbythe DEPARTMENT beforethe final PROJECT
reimbursement requestis processed.
11.The DEPARTMENT has the right to inspect the PROJECT and any and all records
related thereto atany reasonable time.
12.A.The DEPARTMENT shall compensatethe GRANTEE,ona reimbursement
basis,funds nottoexceed$50,000.00,which will pay the DEPARTMENTS
share ofthe cost ofthePROJECTELEMENTSas set outin Attachment 1.The
total amount of DEPARTMENT funding isbased upon the following:
DEP Agreement No.A5162,Page3 of 12
DEP55-231(06/14)
DEPARTMENT Amount:$50,000.00 100%
GRANTEE Match:Q p%
Type of Match:N/A
If the total costofthe PROJECT exceedsthe grant amountandthe required
match,the GRANTEE must paythe excess cost.
B.Prior written approval from the Department's Grant Manager shall be required for
changes within approvedtaskbudgetcategoriesofupto10%ofthetotaltask
budget amount.Changeslessthan 10%ofthe total approved taskbudget will
require a formal change order tothe PROJECT AGREEMENT.Changes greater
than10%ofthetotalapprovedtaskbudgetand/or increase or decrease thetotal
funding amount willrequireaformal amendment to .the"PROJECT
AGREEMENT.
13.The GRANTEE shall submit invoices upon the completion of all Work Elements in
Attachment 1and submission of all deliverables.Each PROJECT reimbursement
request shall include all documentation required bythe DEPARTMENT for a proper pre-
audit and post-audit review.Within sixty (60)daysafter receipt ofthe final
reimbursement request,the DEPARTMENTS Grant Manager shall review the
Completion Documentation Checklist and reimbursement request from the GRANTEE
for the PROJECT.If the documentation is sufficient andmeetsthe requirements ofthe
Florida RecreationDevelopmentAssistance Program,Completion Documentation
Checklist,DEP Form FPS-A036,referenced in paragraph 62D-5.058(7)(d)ofthe RULE,
the DEPARTMENT will approvetherequest for final PROJECTpayment.The final
PROJECTpayment will notbeprocessed until thematchrequirementhasbeenmet.
14.All moniesexpendedbythe GRANTEE for the purpose contained herein shall be
subjectto pre-audit reviewand approval bytheStateof Florida Chief Financial Officerin
accordance with section 17.03(2),Florida Statutes.
15.In addition tothe invoicing requirements contained in the paragraph above,the
DEPARTMENT will periodically request proof ofa transaction (such as invoice or payroll
register)to evaluate the appropriateness of costs to the PROJECT AGREEMENT
pursuant toState guidelines (including cost allocation guidelines).Whenrequested,this
information must be provided within thirty (30)calendar days ofthe date of such request.
The GRANTEE may also be required to submit acost allocation plan tothe
DEPARTMENT in support ofits multipliers (overhead,indirect,general administrative
costs,andfringe benefits).State guidelines forallowable costs can be foundin the
Department of Financial Services'Reference Guide for State Expenditures at
http://www.fldfs.com/aadir/reference%5Fauide.which the GRANTEE shallfollow.
16.TheGRANTEEagreestocomply with the Division of Recreation and Parks'Financial
Reporting Procedures,formerly known asthe Grant and Contract Accountability
Procedure,hereinafter called the PROCEDURE,incorporated into this PROJECT
AGREEMENT by reference asif fully set forth herein.Acopyofthis PROCEDURE has
been provided with this PROJECT AGREEMENT and mayalsobe found at
http://www.dep.state.fl.us/parks/oirs.All purchasesofgoodsandservices for
accomplishment ofthe PROJECT shallbe secured in accordance with the GRANTEE'S
procurement procedures.Expenses representing the PROJECT costs,including the
DEP Agreement No.A5162,Page4 of 12
DEP55-231(06/14)
requiredmatching contribution,shallbe reported totheDEPARTMENTand summarized
oncertificationforms provided in the PROCEDURE.The DEPARTMENT and
GRANTEE agreetousethe PROCEDURE guidelines for accounting for FRDAP funds
disbursed for the PROJECT.The parties further agree that the principles for determining
the eligible costs,supporting documentation and minimum reporting requirements ofthe
PROCEDURE shall be used.
17.Allowable indirect costsasdefinedinthe PROCEDURE shallnot exceed 15%ofthe
GRANTEE'S eligible wages andsalaries.
18.It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may
bereducedshouldtheGovernor'sOfficedeclarea revenue shortfalland assess a
mandatoryreserve.Shoulda shortfall bedeclared,theamountofthisPROJECT
AGREEMENT maybe reduced bythe amount deemed appropriate-bythe
DEPARTMENT.-*r """
19.TheStateof Florida's performance and obligation to pay underthis PROJECT
AGREEMENT is contingent upon an annual appropriation bythe Legislature.The
GRANTEE understandsthatthis PROJECT AGREEMENT isnotacommitmentof future
appropriations.
20.Thepurchaseof non-expendable equipmentisnot authorized underthetermsofthis
PROJECT AGREEMENT.
21.The GRANTEE recognizes that the State of Florida,by virtue of its sovereignty,is not
required topayanytaxesontheservicesorgoods purchased underthetermsofthis
Agreement.
22.Pursuant to section 216.347,Florida Statutes,the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature,the judicial
branch,ora state agency.
23.PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in
s.62D-5.054(34)ofthe RULE)incurred bythe GRANTEE prior to execution ofthis
PROJECT AGREEMENT in accordance with s.62D-5.055(9)ofthe RULE.The
DEPARTMENT andthe GRANTEE fully understand and agree thatthere shall beno
reimbursement of PROJECT funds bythe DEPARTMENT for any expenditure made
prior tothe execution of this PROJECT AGREEMENT with the exception ofthose
expenditures which meetthe requirements ofthe foregoing sections ofthe RULE.
Preagreement Expenses Approved:
Description of Work Performed
N/A
Amount Approved
$0
Total Preagreement Expenses Approved:$0
24.All payment requests and completion documentation shall beduetothe DEPARTMENT
within thirty (30)days of construction completion.Project completion means the
PROJECT is open and available for use by the public.PROJECT must be designated
complete prior to release of the final PROJECT payment.See Rule 62D-5.054(41).Ten
DEP Agreement No.A5162,Page5 of 12
DEP55-231(06/14)
percent(10%)ofthetotalgrantamount will behelduntilCompletion Documents have
been received and approved by the DEPARTMENT.
25.No payment will bemade for deliverables deemed unsatisfactory bythe Department.In
the event thatadeliverableis deemed unsatisfactorybytheDepartment,theGrantee
shall re-perform theservicesneeded for submittal ofa satisfactory deliverable,atno
additional costtothe Department,within ten(10)daysofbeing notified ofthe
unsatisfactorydeliverable.Ifasatisfactorydeliverableisnot submitted withinthe
specifiedtimeframe,theDepartmentmay,initssolediscretion,either 1)terminatethis
Agreementfor failure to perform,or2)the Department Grant Manager may,byletter
specifying the failure of performance underthisAgreement,requestthata proposed
Corrective ActionPlan (CAP)besubmittedbytheGranteetotheDepartment.All CAPs
mustbeabletobeimplementedand performed innomorethansixty(60)days.
A.ACAPshallbesubmitted within ten(10)calendardaysof "the dateoftheletter
request from the Department.TheCAPshallbe sent totheDepartmentGrant
Manager for>eview and approval.Within ten (10)calendar daysof receipt ofa
CAP,the Department shallnotifytheGranteeinwriting whether theCAP
proposed has been accepted.IftheCAPisnot accepted,the Grantee shall have
ten(10)calendardays from receiptoftheDepartmentletter rejecting the
proposaltosubmitarevisedproposedCAP.Failure toobtaintheDepartment
approvalofaCAPasspecifiedaboveshallresultinthe Department's termination
ofthis Agreement forcauseasauthorizedinthis Agreement.
B.UpontheDepartment'snoticeofacceptanceofaproposedCAP,theGrantee
shall haveten (10)calendar daystocommence implementation oftheaccepted
plan.Acceptance oftheproposedCAPbytheDepartment does notrelievethe
Granteeofanyofitsobligationsunderthe Agreement.In the event theCAP fails
tocorrectoreliminateperformancedeficienciesbyGrantee,theDepartment
shall retain the right to require additional or further remedialsteps,ortoterminate
thisAgreement for failure to perform.No actions approved bythe Department or
stepstakenbythe Grantee shall preclude the Department from subsequently
asserting any deficiencies inperformance.The Grantee shall continue to
implement the CAP until all deficiencies are corrected.Reports onthe progress
ofthe CAP will bemadetothe Department as requested bythe Department
Grant Manager.
C.Failure torespondtoa Department request for aCAPor failure to correct a
deficiency inthe performance ofthe Agreement as specified bythe Department
may resultinterminationofthe Agreement
The remedies set forth abovearenot exclusive andthe Department reservesthe right to
exercise other remedies in addition toor in lieu ofthoseset forth above,as permitted by
the Agreement.
26.Prior tothe closing ofthe PROJECT,the DEPARTMENT shall havethe right toa refund,
eitherinwholeorin part,ofthe FRDAP funds provided totheGRANTEE for
noncompliance with the material termsofthis PROJECT AGREEMENT.The GRANTEE,
uponsuchwritten notification from the DEPARTMENT,shallrefund,andshall forthwith
paytothe DEPARTMENT,theamountofmoneydemandedbythe DEPARTMENT.
Interestonanyrefundshallbeginthedatethatthe GRANTEE was informedthata
DEP Agreement No.A5162,Page 6 of 12
DEP 55-231 (06/14)
refund was required and continues to accrue until the date the refundand interest are
paid to the DEPARTMENT.
27.The GRANTEE shall maintain books,records and documents directly pertinent to
performance under this PROJECT AGREEMENT in accordance with generally accepted
accounting principles consistently applied,including the PROCEDURE.The
DEPARTMENT,theState,ortheir authorized representativesshallhave access tosuch
recordsforaudit purposes duringthetermofthisPROJECT AGREEMENT andforfive
(5)years following PROJECT AGREEMENT completion or resolution of any dispute
arising underthis PROJECT AGREEMENT.In theeventany work is subcontracted,the
GRANTEEshallsimilarlyrequire each subcontractor tomaintain and allow access to
such records for audit purposes.
28.A.In addition tothe requirements ofthe preceding paragraph,the GRANJEE shall
comply with the applicable provisions contained in Attachment^,Special Audit
Requirements,.attached heretoandmadeaparthereof.Ex-hibit 1 to
Attachments summarizesthe funding sources supportingthePROJECT
AGREEMENT forpurposesof assisting the GRANTEE in complying with the
requirements of Attachment 2,A revised copyof Exhibit1 mustbe provided to
the GRANTEE foreach amendment which authorizes a funding increaseor
decrease.If the GRANTEE fails toreceivearevisedcopyof Exhibit1,the
GRANTEE shall notify the DEPARTMENT'S Grant Manager torequesta copy of
the updated information.
B.The GRANTEE is hereby advised thatthe Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions thatmaybea result of
this PROJECT AGREEMENT.The GRANTEE shall consider the type of
financial assistance (federal and/orstate)identified in Attachment 2,Exhibit1
whenmakingitsdetermination.Forfederalfinancial assistance,the GRANTEE
shall utilize theguidance provided under OMB Circular A-133,Subpart B,Section
.210for determining whetherthe relationship represents thatofa
subrecipient orvendor.For state financial assistance,the GRANTEE shallutilize
the form entitled -Checklist for Nonstate Organizations Recipient/Subrecipient vs.
Vendor Determination*(form number DFS-A2-NS)thatcanbe found underthe
"Links/Forms"section appearing atthe following website:
https://apps.fldfs.com/feaa
The GRANTEE shouldconfer with itschieffinancial officer,auditdirectoror
contact the DEPARTMENT for assistance with questions pertaining tothe
applicabilityof these requirements.
29-Following receipt ofan audit report identifying any reimbursement duethe
DEPARTMENT forthe 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
duetothe DEPARTMENT.The DEPARTMENT,following a review ofthe
documentation submitted bythe GRANTEE,will inform the GRANTEEofthefinal
reimbursement due the DEPARTMENT.
30.A.The accounting systems for all GRANTEES mustensurethatthese funds arenot
commingled with funds from other agencies.Funds from each agency must be
DEP Agreement No.A5162,Page 7of12
DEP55-231(06/14)
accounted for separately.GRANTEESare prohibited from commingling fundson
either a program-by-program ora project-by-project basis.Funds specifically
budgetedand/orreceived for one project maynotbeusedtosupportanother
project.Wherea GRANTEE'S,or subrecipient's,accounting system cannot
complywiththisrequirement,theGRANTEE,orsubrecipient,shallestablisha
system toprovide adequate fund accountability foreachprojectithas been
awarded.
B.If the DEPARTMENT finds that these funds havebeen commingled,the
DEPARTMENT shallhavethe right todemandarefund,eitherinwholeorin
part,of the funds provided to the GRANTEE under this PROJECT AGREEMENT
for non-compliance with the material terms of this PROJECT AGREEMENT.The
GRANTEE,uponsuch written notification from the DEPARTMENT shall refund,
and shall forthwith paytothe DEPARTMENT,theamountofmoneydemanded
by the DEPARTMENT.Interestonanyrefundshall be calculated based onthe
prevailingrate used by the State Boardof Administration.-Interest-shall be
calculated from thedate(s)the original payment(s)arereceived from the
DEPARTMENT bythe GRANTEE tothedaterepaymentismadebythe
GRANTEE to the DEPARTMENT.
C.In the event that the GRANTEE recovers costs,incurred under this PROJECT
AGREEMENT and reimbursed bythe DEPARTMENT,from another source(s),
the GRANTEE shall reimburse the DEPARTMENT forall recovered funds
originally provided underthis PROJECT AGREEMENT.Interest onany refund
shallbecalculatedbasedonthe prevailing rateusedbytheState Board of
Administration.Interest shall be calculated from the date(s)the payment(s)are
recoveredbytheGRANTEEtothedaterepaymentis made tothe
DEPARTMENT by the GRANTEE.
D.TheGRANTEEshallincludethis provision in all subcontractsitentersinto for the
performance of work under this PROJECT AGREEMENT.
31.AnyandallnoticesrequiredbythisPROJECTAGREEMENTshallbe deemed sufficient
if delivered orsent in writing by regular U.S.mail or electronic mail tothe parties atthe
following addresses:
GRANTEE'S Grant Manager DEPARTMENTS Grant Manager
Ms.Jennifer Korth Mary AnnLee
Grants Administrator Florida Department of Environmental
6130 Sunset Drive Protection
South Miami,FL 33143 3900 Commonwealth Blvd.,MS585
jkorth@southmiamifl.gov Tallahassee,Florida 32399-3000
Marv.ann.lee@dep.state.fl.us
Anychangestotheabove contact information mustbe noticed in writing totheother
partywithinten (10)calendar daysofthe change.
32.For the purpose of this PROJECT AGREEMENT,the DEPARTMENTS Grant Manager,
or successor,shallberesponsibleforensuringperformanceofitstermsandconditions
and shall approve all reimbursement requests prior topaymentThe GRANTEE'S Grant
DEP Agreement No.A5162,Page8 of 12
DEP55-231(06/14)
Manager,identifiedinparagraph31,or successor,shallacton behalf of the GRANTEE
relativeto the provisions of this PROJECT AGREEMENT.The GRANTEE shall submit
tothe DEPARTMENT signed Project StatusReportsonJanuary 5th,May 5th,and
September 5th ofeach year ofthe PROJECT AGREEMENT summarizing the work
accomplished,problemsencountered,percentageofcompletion,andother information
whichmayberequestedbythe DEPARTMENT.Photographstoreflectthe construction
workaccomplishedshallbesubmittedwhenthe DEPARTMENT requeststhem.
33.This PROJECT AGREEMENT maybe terminated prior tothe expiration dateas follows:
A.If for anyreasonthe GRANTEE should fail to perform inatimelymannerthe
obligations under this PROJECT AGREEMENT,orif the GRANTEE should
violateanyofthe federal,state,or local laws pertinent tothe FRDAP Program or
otherwise,orviolate any of the terms and conditions of.this"PROJECT
AGREEMENT,the DEPARTMENT shallthereafterhavetherighttoterminate
this PROJECT AGREEMENT with prior notice.In the notice,the DEPARTMENT
shall settheeffectivedateofthe termination,which maybeupon receipt.The
DEPARTMENT may,initssole discretion,provide the GRANTEE an opportunity
to cure the violations.If the GRANTEE does not cure or obtain an extension of
time within the time period stated in the notice,this PROJECT AGREEMENT
shall automatically terminate on the date indicated in the DEPARTMENTS
notice.In the event the DEPARTMENT terminates this PROJECT AGREEMENT
for anyof these reasons,the DEPARTMENT isnot required tocompensatethe
GRANTEE for any expenses incurred before orafter such termination.
B.The DEPARTMENTmayterminatethis PROJECT AGREEMENT for
convenienceby providing theGRANTEE with thirty (30)calendardays written
notice.The GRANTEE shallnotincurnewobligationsfor the PROJECT afterthe
noticeisreceivedand shall cancelasmany outstanding obligations as possible.
ThenoticeshallsetouttheproceduresforpropercloseoutofthePROJECT
AGREEMENT.
C.This PROJECT AGREEMENT maybe unilaterally cancelled bythe
DEPARTMENT for refusal bytheGRANTEEtoallow public access to all
documents,papers,letters,orother material madeorreceivedbytheGRANTEE
in conjunction with this PROJECT AGREEMENT,unlessthe records areexempt
from section 24(a)of Article I ofthe Florida Constitution andsection 119.07(1),
Florida Statutes.
D.Ifno reimbursements have been made and GRANTEE wishes to withdraw the
Project,the partieshereto may agree toterminatethis PROJECT AGREEMENT
for convenience as evidenced bywrittennotice from theDEPARTMENTtothe
GRANTEE.TheGRANTEEshall counter-sign thenoticeandthePROJECT
AGREEMENT shall terminate onthedateof GRANTEE'S counter-signature.
34.If the DEPARTMENT determines thatsite control is not sufficient under the RULE,or
hasbeen compromised,the DEPARTMENT shall give the GRANTEE a notice in writing
anda reasonable timeto bring thesite control into compliance with the RULE.Ifthe
deficiency isnot corrected within thetime specified inthe notice,the DEPARTMENT
shall terminate this PROJECT AGREEMENT and GRANTEE shall be responsible to
reimburse the DEPARTMENT for grant funds expended,ifany.Refusalor failure to
DEP Agreement No.A5162,Page9 of 12
DEP55-231(06/14)
reimbursethefundsshallresultintheGRANTEEremainingoutofcomplianceand
thereby ineligibleforfurthergrantfunding.
35.TheGRANTEEshallcomplywith all federal,stateandlocalregulations,rulesand
ordinancesindevelopingthis PROJECT.TheGRANTEE acknowledges thatthis
requirement includes,butisnotlimitedto,compliance withallfederal,state andlocal
healthandsafetyrulesand regulations including all applicable building codes.The
GRANTEE further agreesto include therequirementsofthis paragraph inall
subcontracts made to perform this PROJECT AGREEMENT.
36.In the event ofconflictintheprovisionsoftheRULE,the PROJECT AGREEMENT and
theProjectApplication,the provisionsof the RULEshall have control over this
PROJECT AGREEMENT and this PROJECT AGREEMENT shall have control over the
Project Application documents...."„•
37.A.Nopersononthegroundsofrace,creed,color,national origin,age,sex,marital
status ordisability,shallbe excluded fromparticipationin;be denied the
proceeds or benefits of;orbe otherwise subjected todiscriminationin
performance of this PROJECT AGREEMENT.
B.Anentityor affiliate whohasbeenplacedonthe discriminatory vendorlistmay
notsubmitabidona contract to provide goodsorservicestoa public entity,may
notsubmitabidonacontractwithapublicentityfortheconstructionorrepairof
a public building or public work,maynotsubmitbidson leases of real property to
apublicentity,maynotawardorperformworkasa contractor,supplier,
subcontractor,orconsultantundercontractwithanypublicentity,andmaynot
transact business withany public entity.The Florida Departmentof Management
Services isresponsible for maintaining the discriminatory vendorlistwhichmay
be found at
http://dms.mvflorida.com/business operations/state purchasing/vendor informati
on/convicted suspended discriminatory complaints vendor lists/discriminatory
vendor list.Questions regardingthe discriminatory vendor listmaybedirected
tothe Florida Department of Management Sen/ices,OfficeofSupplier Diversity
at(850)487-0915.
38.TheGRANTEE,asanindependent contractor andnotanagent,representative,or
employeeofthe DEPARTMENT,agreesto carry adequate liability andother appropriate
forms of insurance.If the GRANTEE is self-funded for liability insurance,as appropriate
and allowable under Florida law,thentheGRANTEE warrants andrepresentsthatsuch
self-insurance offers protection applicable tothe GRANTEE'S officers,employees,
servants andagentswhileacting within the scope oftheir employment withthe
GRANTEE.The DEPARTMENT shall haveno liability exceptas specifically provided in
this PROJECT AGREEMENT.
39.Totheextent required by law,the GRANTEE will be self-insured against,or will secure
andmaintain during thelifeofthisPROJECTAGREEMENT,Workers'Compensation
Insurancefor all ofits employees connected with theworkofthisPROJECTand,in case
anyworkis subcontracted,the GRANTEE shall require the subcontractor to provide
Workers'Compensation Insurance for all ofthe subcontractor's employeesunlesssuch
employeesarecoveredbythe protection afforded bythe GRANTEE.Such
self-insurance program or insurance coverage shall comply fully withthe Florida
DEP Agreement No.A5162,Page10 of 12
DEP55-231(06/14)
Workers'Compensation law.In case any class of employees engaged in hazardous
workunderthisPROJECTAGREEMENTisnotprotectedunder Workers'Compensation
statutes,theGRANTEEshall provide,and cause eachsubcontractortoprovide,
adequate insurance satisfactory tothe DEPARTMENT,for the protectionofits
employees not otherwise protected.
40.The GRANTEE covenantsthatit presently hasno interest and shall not acquire any
interestwhichwouldconflictinany manner or degree with the performance of services
required.
41.Each party heretoagreesthatitshallbesolelyresponsibleforthe wrongful actsofits
employees andagents.However,nothingcontainedhereinshallconstituteawaiverby
eitherpartyofits sovereign immunityortheprovisionsof section 768.28,Florida
Statutes.^
42.The PROJECT AGREEMENT has been delivered in the State -of.Florida and shall be
construedinaccordancewiththelawsof Florida.Wherever possible,each provision of
this PROJECT AGREEMENT shallbeinterpretedin such manner astobe effective and
valid under applicable Florida law,butifanyprovisionofthis PROJECT AGREEMENT
shallbeprohibitedor invalid underapplicable Florida law,such provisionshallbe
ineffectivetotheextentofsuch prohibition or invalidity,without invalidating the
remainderof such provisionortheremainingprovisionsofthisPROJECT
AGREEMENT.Any action hereonorin connection herewith shall bebroughtinLeon
County,Florida unless prohibited byapplicablelaw.
43.Nodelayor failure toexerciseany right,power orremedy accruing toeither party upon
breach or default byeither party underthis PROJECT AGREEMENT shall impair any
such right,poweror remedy ofeither party;norshallsuchdelayor failure beconstrued
asawaiverofany such breachordefault,oranysimilarbreachordefaultthereafter.
44.This PROJECT AGREEMENT isnot intended nor shall itbeconstruedas granting any
rights,privileges orinteresttoany third party withoutmutual written agreementofthe
parties hereto.
45.This PROJECT AGREEMENT isanexclusive contract andmaynotbeassignedin
wholeorinpartwithout the prior writtenapprovaloftheDEPARTMENT.
46.This PROJECT AGREEMENT represents the entire agreementofthe parties.Any
alterations,variations,changes,modifications orwaiversof provisions ofthisPROJECT
AGREEMENT shall onlybe valid whentheyhavebeenreducedto writing,inthe form of
anAmendment duly executedbyeachofthe parties hereto,andattachedtothe original
of this PROJECT AGREEMENT.
DEP Agreement No.A5162,Page 11 of 12
DEP55-231(06/14)
The parties hereto have caused these presents to be duly executed on the day and year
written above.
STATE OFFLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
-*&*#By:
Director (or Designee)
OfficeofOperations
<?-s~i4-
Date
Address:
Land and Recreation Grants Section
Florida DepartmentofEnvironmental
Protections
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee,Florida 32399-3000
Approvedasto Form and Legality:
D^ttorney (_J^^
CITY OF SOUTH MIAMI
Printed Name:
Title:
wM
Date
Address:
6130
South
List of attachments/exhibits included as part of this PROJECT AGREEMENT:
Specify Letter/
Type Number Description (include number of pages)
Attachment 1 Project Work Plan (2 Pages)
Attachment 2 Special Audit Requirements (5 Pages)
DEP Agreement No.A5162,Page12of12
DEP 55-231 (06/14)
ATTACHMENT 1
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
DEVELOPMENT
PROJECT WORK PLAN
Project Name:Fuch's Park
GranteeName:City of South Miami
The project reimbursement is limited to one (1)invoice upon completion of all Project Elements listed below and submittal of all Deliverables and
required documentation identified in the table below.Commencement Documentation required prior to Reimbursement Request
Project Tasks,DeliverablesandRequiredDocumentation
TASK #1:
Development of:Fuchs Park Improvement Project
Task Description:(listeach project element)
Playground
Picnic Facility (PavilionRenovation)
Restroom Renovation
Support Facilities (benches,picnic tables,grills)
Site Amenities
♦All workwillbe completed in accordance with the
approved plans.
TOTALS:
Amount of Costs to be
Paid with Grant Funds
<Provide Budget Detail>
Amount of Costs to be
Paid with Grantee '
Match
<Not Applicable
NoMatch Required
Deliverables and Documentation To Be
Submitted Upon Completion And
Before Reimbursement Can Be
Approved
Project Completion Certification
Finalas-builtsiteplan
Florida Recreation and ParksInventory
Form
Color Photographs ofProject
Notice of Limitation of Use
BoundarySurvey
$50,000.00 $0.00 Completion:April 30,2017
Performance Standard:Approval of deliverables is based upon review for compliance with the requirements for funding wider the Florida Recreation Development
Assistance Program (FRDAP);approved plans and application approved for funding.
DEP Agreement No.A5162,Attachment 1,Page1of2
DEP55-231(06/10)
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ATTACHMENT 2
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)to the recipient (which
may be referred to as the "Contractor",Grantee"or other name in the contract/agreement)may be subject to audits
and/or monitoring bythe Department of Environmental Protection,as described inthis 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,but not be limited to,on-site visits by Department
staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures.By entering into
this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate bythe 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 Officer
or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient isa State or local government or a non-profit organization as defined in OMB
Circular A-133,as revised.
1.In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year,the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133,as revised.EXHIBIT 1to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal
year,the recipient shall consider all sources of Federal awards,including Federal resources received from
the Department of Environmental Protection.The determination of amounts of Federal awards expended
should bein accordance with the guidelines established by OMB Circular A-133,as revised.An audit ofthe
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as
revised,willmeetthe requirements ofthis part.
2.In connection with the audit requirements addressed in Part I,paragraph I,the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart Cof OMB Circular A-133,as revised.
3.If the recipient expends less than $500,000 in Federal awards in its fiscal year,an audit conducted in
accordance with the provisions of OMB Circular A-133,as revised,is not required.In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions ofOMB Circular A-133,as revised,the cost ofthe audit must be paid from
non-Federal resources (i.e.,the cost of such an audit must be paid from recipient resources obtained from
otherthanFederalentities).
4.The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA)via the
internet at http://l 2.46.245.173/cfda/cfda.htm L
DEP55-215(03/09)
DEP Agreement No.A5162,Attachment 2,Page 1
PART II:STATE FUNDED
This part is applicable ifthe recipient is a nonstate entity as defined by Section 215.97(2)(m),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,the recipient must have aState single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department
of Financial Services;and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit
organizations),Rules of the Auditor General.EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement.In determining
the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state
financial assistance,including state financial assistance received from the 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 by a nonstate entity for Federal program
matchingrequirements..----r &*
2.In connection with the audit requirements addressed in Part H,paragraph 1;the recipient shall ensure that the
audit complies with the requirements ofSection 215.97(7),Florida Statutes.This includes submission ofa
financial reporting package as defined by Section 215.97(2),Florida Statutes,and Chapters 10.550 (local
governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General.
3.Ifthe recipient expends less than $500,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions ofSection 215.97,Florida Statutes,is not required.In the event that the
recipient expends less than $500,000 in state financial assistance inits fiscal year,and elects tohave an audit
conducted in accordance with the provisions ofSection 215.97,Florida Statutes,the cost ofthe audit must
be paid from the non-state entity's resources (i.e.,die cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4.For information regarding the Florida Catalog of State Financial Assistance (CSFA),arecipient should access
the Florida Single Audit Act website located at https://apps.fidfs.com/fsaa for assistance.In addition to the
above websites,the following websites may be accessed for infomiation:Legislature's Website at
http://wwwJeg.state.n.usiWelcome/index.cfm,State of Florida's website at http://www.mvflorida.com/
Department ofFinancial Services'Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.state.fl.us/audeen.
PARTIII:OTHERAUDITREQUIREMENTS
(NOTE:This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter ofthat State awarding entity's policy (L e„the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements).Pursuant to Section 215.97(8),Florida Statutes
State agencies may conduct or arrange for audits ofStatefinancial 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 arrange for
funding the full cost ofsuch additional audits.)
PART IV:REPORT SUBMISSION
I.Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised and
required by PART Iofthis Attachment shall be submitted,when required by Section .320 (d),OMB Circular
A-133,as revised,by or on behalf ofthe recipient directly to each ofthe following:
DEP55-215 (03/09)
DEP Agreement No.A5162,Attachment 2,Page 2
A.The Department of Environmental Protection at the following address:
Audit Director
FloridaDepartment of Environmental Protection
Office of the Inspector General,MS40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 ,.
B.The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised (the number of
copies required by Sections .320 (d)(1)and (2),OMB Circular A-133,as revised,should be
submitted to the Federal Audit Clearinghouse),atthe following address:
Federal Audit Clearinghouse
Bureau of the Census
1201East10th Street --.
Jeffersonville,IN 47132 -
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
C.Other Federal agencies and pass-through entities in accordance with Sections .320 (e)and (f),
OMB Circular A-13 3,as revised.
2.Pursuant to Section .320(f),OMB Circular A-133,as revised,the recipient shall submit a copy of the
reporting package described in Section .320(c),OMB Circular A-133,as revised,and any management letters
issued by the auditor,to the Department of Environmental Protection at the following address:
Audit Director
FloridaDepartment of EnvironmentalProtection
Office ofthe Inspector General,MS40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
3.Copies of financial reporting packages required by PART II ofthis Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A.The Department of Environmental Protection at the following address:
Audit Director
FloridaDepartment of EnvironmentalProtection
Office oftheInspector General,MS40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
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
REMAINDER OFPAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09)
DEP Agreement No.A5162,Attachment 2,Page 3
4.Copies ofreports or management letters required by PART III of this Attachment shall be submitted by or
on behalf ofthe recipient directly to die Department ofEnvironmental Protection atthe following address:
Audit Director
FloridaDepartmentofEnvironmentalProtection
OfficeoftheInspectorGeneral,MS40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
5.Any reports,management letters,or otlier information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133,Florida Statutes,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 financial reporting packages to the Department ofEnvironmental Protection for
audits done in accordance with OMB 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 the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting package.
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for aperiod
of5 years from the date the audit 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
that 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 bythe Department of Environmental Protection.
REMAINDEROFPAGEINTENTIONALLYLEFTBLANK
DEP 55-215 (03/09)
DEP Agreement No.A5162,Attachment 2,Page 4
EXHIBIT-1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded tothe Recipient Pursuant tothis Agreement Consist ofthe Following:
Federal
Program
Number Federal Agency
CFDA
Number CFDA Title Funding Amount
State
Appropriation
Category
State Resources Awarded tothe Recipient Pursuanttothis Agreement Consist ofthe Following Matching Resources forFederal Program*:
Federal
Program
Number Federal Agency CFDA CFDA Title Funding Amount
State
Appropriation
Category
StateResourcesAwardedtotheRecipient Pursuant tothisAgreementConsistoftheFollowingResourcesSubjecttoSection215.97.F.S.:
State
Program
Number Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description Funding Amount
Stale
Appropriation
Category
Original
Agreement
GeneralRevenueFund,
Line Item 1714A
2014-2015 37.017 Florida Recreation Development
Assistance Program
$50,000.00 140002
Total Award $50,000,00 :;..:.-,l ......::.vu£,;*
For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.l73/cfda/cfda.html]and/or the Florida Catalog of State Financial Assistance (CSFA)[https://app4»fldfs.com/fsaa/searchCatalog.aspx].The
services/purposes for which the funds are to be used are included in the Contract scope of services/work.Any match required by tlie recipient is clearly indicated
in the Contract.
DEP55-215(03/09)
DEPAgreement No.A5162,Attachment 2,Page 5