09-02-08 Item 13 (2)South Miami
0Amedea CHY
1 1
N-� CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: W. Ajibola Balogun, City Manager
From: Carol Aubrun, Grants Writer and Administrator
Date: September 16, 2008 Agenda Item No.:
Subject: Grant Amendment for the Acquisition of the Dison Property
Request: 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; AND PROVIDING FOR AN
EFFECTIVE DATE.
Request: Authorizing the City Manager to execute a grant amendment with the Florida
Department of Environmental Protection.
Reason /Need: In 2006, we received a grant for acquisition of the Dison Property from the
Florida Department of Environmental Protection. The City has entered
into agreement with the Trust for Public Land for the ' acquisition of the
parcel. The final installment for the purchase will not be finalized prior to
the end of the current completion date for the grant. Following the final
installment for purchase of the parcel, we will be reimbursed for the
project.
Cost: $200,000.00
Funding Source: Florida Department of Environmental Protection
Backup Documentation:
❑ Proposed Resolution
❑ Proposed Amendment
❑ Previously Authorized Resolutions
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTORIZING 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; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wish to continue to accept the grant from the Florida
Department of Environmental Protection; and
WHEREAS, the Amendment will continue the $200,000.00 grant for the acquisition of the Dison
Property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorizes the City Manager to execute a grant
amendment with the Florida Department of Environmental Protection
Section 2: The attached Amendment is made a part of the resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Include File Name and Path
day of , 2008.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
September 10, 2008
Florida Department of Charlie C Governor or
Environmental Protection Jeff l(ottkarnp
Ms. Carol Aubrun
Grants Administrator
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143 -5093
Re: Dison Property
FRDp�� No. F07014
Dear ubrun:
Li. Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard Michael W. Sole
Tallahassee, Florida 32399 -3000 Secretary
Attached are two original amendments to extend the construction completion date for
this project. Please execute and return both original copies to our office before
September 30, 2008.
in signing the amendments, do not complete the blank spaces for the execution date.
Our staff will date the amendment when formally executed by the Department of
Environmental Protection and one original copy will be returned to you.
If you have any questions, please contact our office at (850) 245 -2501 / SUNCOM 205-
2501. Your immediate attention to this matter is appreciated.
Sincerely,
Mary Ann e
Community Assistance Consultant
Office of Information and Recreation Services
Division of Recreation and Parks
Mail Station #585
MAL/
Attachment
"Vlore Protection, Less Process"
ii4*v. dep.state. Aus
F07014
(FRDAP Project.Number)
F7014
(DEP Contract Number)
CSFA Number: 37.017
CSFA Title: FRDAP
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Amendment 2 to Agreement
This Amendment entered into c. DO NOT DATE 2008,
serves to amend portions of the Agreement dated September 18,
2006, and amended August 15, 2007, by and between the Department
of Environmental Protection, hereinafter referred to as
DEPARTMENT, and the CITY OF SOUTH MIAMI, hereinafter referred to
as GRANTEE, for the project known as Dison Property, pursuant to
section 375.075, Florida Statutes, and Part V of Chapter 62D -5,
Florida Administrative Code.
In and for the mutual covenants between them, the DEPARTMENT
and the GRANTEE agree that the following amendment shall apply to
the above- referenced Agreement:
Paragraph 15 Sentence 1 is amended as follows: The
GRANTEE shall complete all project elements on or before April
30, 2009.
In all other respects the Agreement of which this is an
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement on the day and year last written above.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
DO NOT SIGN
By:
Director or Designee
Division of Recreation and Parks
6"'Maw
DEP C ntr• c Manager
Approved as to Form and.
Sufficiency: Agreement has been
pre - approved as to form and
sufficiency by Suzanne Brantley,
Assistant General Counsel, on
December 21, 2007 for the use
for one year.
CITY OF SOUTH MIAMI
By:
Person Authorized to Sign
Printed Name
Title
Address:
6130 Sunset Drive-
South Miami, FL 33143 -5093
Grantee Attorney
RESOLUTION NO.: 133 -07 -12518
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.
PASSED AND ADOPTED this day of , 2007.
KV EST: APPROVED:
41CLERK MAYOR
READ AND APPROVED AS TO FORM:
C 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
DEP Agreement No. F7014
CSFA Number 37.017
CSFA Tine: 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
2006, by- and between the STATE OF .FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter caked the DEPARTMENT, and the City
of South Miami, hereinafter'called the GRANTEE, a local govemment, -in furtherance of
-_an approved public routdoor recreation project. In _considemlion -of -the mutual.--.. .
covenants- contained 'herein and pursuant to section 375.075, Florida Statutes, and
chapter 020-6, 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 62DA Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter card the RULE... The GRANTEE
shall comply with all provisions of the. RULE, which is Incorporated. into this
PROJECT AGREEMENT as if- fully set forth herein. It is . the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Stptutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT : has found ' that public outdoor, outdoor recreation is the primary
purpose. df the 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 #* 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. fi.us /parks /oirs. Further, the GRANTEE will also
receive all applicable forms for administration of project with GRANTEE's copy of
fuliy.exearted PROJECT AGREEMENT.
DEP Agreement No. F7014, Pago I of 8
DEP . Co". E C E IM[�
W232 (01!05)
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4. Within three (3) years from the completion date set forth in the PROJECT .
completion certificate, the GRANTEE shall construct,.or cause to be constructed,
certain public outdoor recreation facilities and improvements In accordance with
the following development elements:. Picnic facilities, walking trail, landscaping
and other related support facilities. These elements may be modified by the
DEPARTMENT if the GRANTEE shows good cause.
5. Tine DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed' $200,000.00, which will pay the. D.EPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match, ash
S. The PROJECT reimbursement request shall Include all documentation: required
by the DEPARTMENT for a proper pre -audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation 'and payment request from the
GRANTEE for the PROJECT. if the documentation is sufficient and meets the
requirements of the Florida .Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS -A036, referenced in s. 62D-
5.058(8)(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 frosts 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 plan to the DEPARTMENT In support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs' can be found Irt the Department of Financial
Services' Reference Guide for State Expenditures at
.WW://www.6f.state.fl.udaadir/FSAAJndexLtgg
8. The GRANTEE agrees to comply with the Division of Recreation and. Parks'
Grant . and Contract Accountability Procedure,, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as If
fully_ set forth herein. All purchases of goods and services for accomplishment of
.the PROJECT 'shaft 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 53-232 (01105)
accounting for FRDAP funds. disbursed for the PROJECT. The parties further
agree that the principles for determining the . eligible costs, supporting,
documentation and minimum reporting requirements of -the PROCEDURE shall:
be used.
9. Allowable indirect costs 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 consldered eligible PROJECT expenses:
10. It is understood by the GRANTEE that the amount. of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall. and "assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed ,
appropriate by the DEPARTMENT.
11. The State . of . Florida's performance and '.obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
The GRANTEE' understands that this Agreement is not a commitment of
future appropriations.,
12. Ali monies expended by the GRANTEE for the purpose contained herein shall be
subject.to pre=audit review and approval by the State of Florida Chief'Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined In s. 62D- 6.054(34) of the RULE) incurred by GRAN'T'EE prior to
execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9)-of
the RULE. The DEPARTMENT and the GRANTEE fully understand.:and agree
that there shall be no reimbursement of PROJECT funds by the DEPARTMENT
for any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception 'of. those expenditures which meet the requirements of the
foregoing-sections of the-RULE.
14. Prior to commencement of PROJECT acquisition, the GRANTEE shall submit the
documentation required by. the Florida Recreation Development . Assistance .
Program Acquisition Project Pre= reimbursement/Commencement Documentation
Form, DEP Form FPS -A034, referenced In s.-62D- 5.058(6)(f) of the RULE, to the
DEPARTMENT. Upon determining that the documentation complies with the
RULE, tite 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
O QrV (hereinafter referred to as the PROJECT completion
date , at whi time all payment requests and completion documentation will be
DEP Agreement No. F7014; Page 3 of 9
DEP 55-232 (01105)
due to the DEPARTMENT. The GRANTEE may request up to two (2) one -year
extensions from the DEPARTMENT for good cause by. the. submission of a
written request to the DEPARTMENT. Such request must be made prior to the
PROJECT completion date. ' The GRANTEE understands that the . funds .
supporting this Agreement are subject to certification _forward approval by the
Governor's Office on June 30th each year. The GRANTEE understands and
agrees that if the Governor's Office does not approve the DEPARTMENT's
request to certify the funds forward,. the GRANTEE will not be eligible for,- .
reimbursement after the Governor's. Office denies the certification forward..
16. The GRANTEE shall retain':all records supporting PROJECT costs fbr five (5)
years after the fiscal year In which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five -'year retention period.
The DEPARTMENT, 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. ttachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit -1, the GRANTEE shall notify 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, following a review of the
documentation submitted by the.GRANTEE, will inform the GRANTEE of the final
reimbursement due the DEPARTMENT.
19. For the purpose of this PROJECT AGREEMENT, the l7EPARTMENT's Grant
Manager shall be responsible for ensuring performance of' its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, as identified in paragraph 20, or successor, shall
act on behalf of the. GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January e, May e, and September a of each
year summarizing the work accomplished, problems encountered, percentage of
DEP Agreement No. F7014, Page 4 of 9
DEP 55-232 (01105)
completion, and other information which may be requested by the
DEPARTMENT.
20. Any and all notices required 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 GM ht Manager
Ms. Julie L. DahzelE
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
sign on -the PROJECT site which credits PROJECT funding or a portion thereof, -
to the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
22. The DEPARTMENT has the right to Inspect the PROJECT - and any, and all
records related thereto at t-any reasonable time. .
23. This PROJECT. AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE J6 to allow public access to all
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.
24. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand - a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for noncompliance- with the material terms -of this PROJECT
AGREEMENT. The . GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required and
continues to accrue until the date the refund and interest are paid to the
DEPARTMENT.
25. The GRANTEE shall .comply with all federal, state and local regulations, rules
and. ordinances . in acquiring and developing this -PROJECT. - The GRANTEE
acknowledges that this requirement includes compliance with all 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)
r
t
the requirements of this paragraph in all subcontracts made to perform this
PROJECT AGREEMENT.
25. Land owned by the GRANTEE, which is acquired or developed with FRDAP
funds, shall be dedicated in perpetuity as an outdoor. recreation site by . the
GRANTEE. for the use and benefit of the public as stated In section 6213- 5.059(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 in a safe and attractive manner. appropriate for public use.
27. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result . in cancellation of the PROJECT
AGREEMENT by the. DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or .this PROJECT AGREEMENT a notice in
writing of the.particular violations stating a reasonable time to comply. Failure of
the. GRANTEE to comply within the time period stated in the written notice shall
result in cancellation of the PROJECT AGREEMENT and shall result in the
imposition of the terms in Paragraph 24.
28. In the event of confect . 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 In writing and a reasonable time to comply. If- the `deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
24, if. appropriate:
30. Pursuant to section 216.347, Florida Statutes, the GRANTEE. is prohibited from "
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
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 affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public,
entity, may not submit a bid on a contract with a public entity forthe
construction or repair of a public building or public work, may not submit
bids on leases of reef property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
DEP Agreement No. P70A Page 6 of 9
DEP 55-232 (01/05)
with any public entity, and may.not transact business with any public
entity. The Florida Department of Management Services Is responsible for,
maintaining the discriminatory vendor fist which may be found at
http-ildms.my2orida.com/dms/gurr-hasin6/ConvIpLed suspended discrimin
atory comalalnts vendor lists.. Questions regarding the discriminatory
vendor fist maybe directed to the Florida Department of Management
Services, Office of Supplier Diversity at (850) 487 -0915.
32. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and.agerits. However, nothing contained herein shall constitute
a walver by. efther party of its sovereign Immunity or the provisions of section
768.28, Florida Statutes.
33. The . empioyment of unauthorized aliens by any GRANTEE Is 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
provislon In all subcontracts issued as a result of this Agreement.
34. A person or.affrllate who has been placed on the convicted vendor list following a
conviction for a public. entity crime may not perform work as a GRANTEE,
contractor, supplier, subcontractor, or consultant under a contract with any-public
entity.. and may not transact business with any public entity in excess of the
threshold* provided in section 287.017, Florida Statutes, for Category
Two, for a period of 36 months from the date of being placed on the convicted
Vendor list..
35. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall .be construed in accordance with the laws. of Florida. Wherever possible,
each provision of this PROJECT -AGREEMENT shall be interpreted in such
manner as to. be effective and valid under applicable Florida law, but If any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be Ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT. Any action hereon or in
connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law. .
36. No delay or failure to exercise any right, power or remedy accruing •to either party .
upon breach or dei�uit 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.
QEP 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 is an exclusive contract and may not be assigned
in whole: or in part without the prior written approval of the DEPARTMENT.
39. The DEPARTMENT shall have no liability 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 io .
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 S of 9
DEP 55-232 (01/05)
IN WITNESS WHEREOF, the parties hereto have caused these presents to .be'
duly executed on the day and year last written above. ,
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
B%r
Division r or _(0el-Abs ig to 9).
Division ecreatjbfi and Parks
Date
Address:
Dice of Information and Recreation Services
Division of Recreation and -Parks -
3900 Commonwealth Boulevard .
Mail Station 585
Tallahassee, Florida 32399-3000
M W
W - � W�A A4
Approved.*as to Form and Legality:
This form has been pre- approved.as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 25, 2006, for use for one year.
City of South Miami
By:
Prin ' d Name: ;�H,�:
Date
Address:.
6130 Sunset Drive .
South Miami, FL 33143 -5093
Gra a Atiorr! .y
List of attachments/exhibits included as part of this Agreement.:
Specify Letter/
Type Number Description (include number of pages)
Attachment 1 Special Audit Reauirements (5 Panes}
DEP Agreement No. F7014, Page 9 of 9
DEP 55 -232 (01105)
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ATTAC11DIENT 1 I
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 co - ntractlagreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as decribed in this attachment.
M G
In addition to reviews of audits conducted in accordance with OMB Circular A 133 and Section 215.97, F.S., as
revised (see "ATJI)1TS" below), monitoring procedures may include, but trot be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A- 133,.as revised, and/or other procedmes. By
entering into this Agreement, the recipient agrees to comply . and cooperate with any monitoring
procedur s/processes deemed appropriate by the Department of Environmental Protection.. In the event the '
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with.any additional ks;.ractions 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:FEDERALLYFUNDED
This part is applicable if the recipient is a State or local'govet or a non - profit organization as defined in OMB '
CircularA -133, as revised.
1. In the event that the recipient expands $500,000 or more in Federal awards.in its fiscal year, the recipient
must have a single cr program- specific audit conducted n accordance with 6ze provisions of OMB Circular '
A -133, as revised. EXI13BIT 1 to this Agreement indicates Federal funds awarded thmugh the Department
of Environmental Protection by this Agreement. In determimimg the Federal awards expended in its fiscal
year, the recipient shall consider'alt sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of
the recipient conducted by the Auditor General in accordance wi$r the provisions of OMB Circular A -133,
as revised, will meet the requirements of this part.
2. Io. connection wiib the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
3. If the recipient expends less than $ 500,000 in Federal awards in its fiscal year, 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 $$00,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A 133, as revised, the cost of the audit must
be paid from non - Federal resources (Le., the cost of such an audit must be, paid from. recipient resources
obtained from other than Federal entities'
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the iniernet at pf+1/12 46.245:1731cfda/cfdahtml.
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DEP Agreement No. F7414, Attachment 1, Page 1 of 5
DEP 55 -215 (09104)
PART H: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,004 in any fiscal year of such recipient ($500,000 for. fiscal years ending on or after September 30,
2004j, the recipient must have a State single or project - specific audit for such fiscal year in accordance
with Section 215.97; Florida Statutes; applicable rules of the Executive Office of the Governor and the
Chief Financial Officer and Chapters 10.550 (local governmental entities) or 10 -650 (nonprofit and for—'
profit organizations) Tides of the Auditor General. EXHIBIT 1 to this Agreement 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, ineiuding 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 matching requirements.
2. In connection with the audit requirements addressed in Part A paragraph 1, the recipient shall_ ensure that
the audit complies with the requirements of Section 215.97(7), Florida• Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2xd), Florida Statutes, and Chapters 10.550
(local governmc ntal entities) or 10.650 (nonprofit and for - profit organizations), Wes of the Auditor
General
3. If the recipient expends less than $ 300,000 in State financial assistance in its fiscal year ($500,000 for
fiscal years ending on or after September 30, 2004), an audit conducted in accordance with the provisions
of Section 21.5.97, Florida Statutes, is not required. % the event that the recipient expends less • than
$300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after
September 30, 2004), and elects to have an audit conducted in accordance with the provisions of Section
215:97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources e., the
cost of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding ibe Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at hiiaJ /state.S.usffsaa/catalog or the Governor's
Office Of. Policy and Budget website located at
h=, / www. myflonda. com/ mvfl orida/¢overanneni/contraets/oohQ oe.hka for assistance. In addition to
the above websites, the following websiies may be accBssed for information: Legishtire's Website
hg ://www.legAikfl. Governor's .Website ha da.coml. Department of Financial
Services' Website . http: / /www.db€.state.fl.usl and the Auditor General's Website
j�•/�rg. state.fl.uslaudaen.
PART III: OTHER AUDIT =QLTME ► ENTS
(NOTE::Mis part would be used to sped any•addiiional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy ft-e., the audit is not requbvd by Federal or State Taws
and is not In conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may. conduct or arrange fir audits of State financial assistance that are in addition to
audits conducted in accordance with Section.21 5.97, Florida Statutes. In such an eyw::4 the State awarding agency
must arrange forfunding. the full cost ofsuch additional audits)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised,
and required by PART I of this Agreement shall be submitted, when required by Section 320 (d), OMB
Circular A -133, as revised, by or on behalf of the recipient to each of the following:
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DEP Agreement No. P7014, Attachment 1, Page 2 of 5
DEP 55 -215 (09104)
A. The Department ofEnvironmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the inspector General, MS 40
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 (dxl) and (21 OMB Circular A-133, as revised, should be
submitted to the federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 Fast 101h 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 of the
reporting package described in Section .320(4 OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the Department of Envkonmental.Protection the fallowing address:
Florida. Department of Environmental Protection
Office of the Inspector General, MS 40.
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or. on
behalf of the recipient di dy to each of the following:
A.' The Department of Bnvfiwncetsl Protection at the following address:
Audit Director .
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient dkRWX to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the LapeoW General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
DEP Agreement Pro. F7014, Attachment 1, Page 3 of 5
DEP 55-215 (09/04)
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
CircWar 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.
5. Recipients; when submitting financial reporting packages to the Department of Environmental Protection .
for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities)
or 10.650 :(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 Ys RECORD RETENTION
The recipient'shall retain sufficient records demonstrating as compliance with the terms of this Agreament for a
period of 5, 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 by the Department of Environmental Protection.
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DEP Agreement No. F7014, Attachment 1, Page 4 of 5
DEP 55 -215 (09104)
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