08-07-07 Item 4South Miami
AI M MUCRY
CITY OF diOUTH MIAMI ^
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Carol Aubrun, Grants Administrator
Date: August 7, 2007 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 DISONI PROPERTY; 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 purchase will not
been finalized prior to the end of the current completion date. Following
the 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 Resolution (Resolution #: 127 -06- 12268)
Original grant Contract
RESOLUTION NO.:
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
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of 12007.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
F07014
(FRDAP Project Number)
F7014'
(DEP Contract Number)
CSFA Number: 37.017
CSFA Title: FRDAP
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Amendment 1 to Agreement
This Amendment entered into on 2007,
serves to amend portions of the Agreement dated September 18,
2006, 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 .suction 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 project acquisition on or before
September 30,-2008. -
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 below.
STATE OF FLORIDA DEPARTMENT OF CITY OF SOUTH M1AMI-
ENVIRONMENTAL.PROTECTION
DO NOT SIGN
By:
Director or Designee
Division -of Recreation and Parks
DEP C ntr Cty Manager
Approved as to Form and
Sufficiency: Agreement has been
pre - approved as to form and
sufficiency by Suzanne Brantley,
Assistant General Counsel, on
January 26, 2 007 for the use for
one year.
By:
Person Authorized to Sign
Printed Name
Title
Address:
613O Sunset Drive
South Miami, FL 33143 -5093
Grantee Attorney
RESOLUTION NO.: 95-07-12480
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
RESOLUTION 127 -06- 12268 AUTHORIZING THE CITY
MANAGER TO FINALIZE A PURCHASE AGREEMENT FOR THE
ACQUISITION OF THE DISON PROPERTY LOCATED AT 8021
SW 58" AVENUE, SOUTH MIAMI, FLORIDA 33143 AND
PROVIDING FOR AN EFFECTIVE GATE.
WHEREAS, the Mayor and City Commission of the City of South Miami adopted
Resolution no.127- 06- 12268, which authorized the city manager to execute a grant
project agreement - with the Florida Recreation Development Assistance Program,
administered by the Florida Department of Environmental Protection for the purchase of
the Dison Properly in the amount of $700,000; and,
WHEREAS, the City of South Miami desires to purchase the Dison Property
located in South Miami, Florida, bearing Folio No.: 09- 4036 -000 -0620 (the Dison
Property) ; and
WHEREAS, the City of South Miami will request additional grant funding from the
Florida. Legislature or other available funding sources for the balance of the purchase
price.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1: The Mayor and City Commission; authorize the City Manger to
negotiate and finalize a purchase agreement with Mrs. Dison for the Dison property and
to bring backthe purchase agreement to the City Commission for final approval.
Section 2: This resolution shalt/ take effect immediately upon approval.
PASSED AND ADOPTED this S- day of Qt6ft,--- 2007.
el
'ATTEST:
n:
CITY CLERK
��PPROVI= DAS Jo FORM:
ATTO NEY
AP ROVED:
MAYOR
COMMISSION VOTE:
5-0
Mayor Fellu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
yea
Commissioner Birts:
Yee.
Commissioner Beckman:
Yea
RESOLUTION NO. 127 -06 -12268
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CI'T'Y OF
SOUTH MIAMI, FLORIDA, AUT$ORIZING 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, the Mayor and City Commission wishes to accept the grant from -Florida Recreation
Development Assistance Program. (FRDAP); and:
WHEREAS, the Florida Recreation Development Assistance Program. (FRDAP) is administered
by Florida Department of Envirownental Protection; and
WHEREAS, the Mayor and City Commission authorized the submission of the grant application
July 26, 2005 through Resolution No: 102 -05- 12081; and
VMEREAS, the project agreement is intended to award the City $200,000.00 for the acquisition
of the Dison Property located at 8021 SW 58 Avenue.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI THAT:
Section 1. That the City Manager is authorized to execute a grant project agreement with
Florida Recreation Development Assistance Program, administered by Florida Department of
Environmental Protection for the purchase of the Dison property.
Section 2. This resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this cV ay of 2006.
ATTEST: PPROVED:
TY CLE Jf MAYOR
READ AND APPROVED AS TO FORM:
Cry ORNEY
Commission VW
Mayor Feliu:
Vice Mayor Wiscombe:
Conunissioner Palmer:
Comudssioner Buts:
Commissioner Beckman:
4 -0
Yea
Yea
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Yea
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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 IrN day of lr,
2006, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the City
of South Miami, hereinafter called the GRANTEE, a locall government, in furtherance of
_an approved public -outdoor. recreation project. In - consideration .. of - the mutual.
covenants- contained herein and pursuant to section 375.075., Florida Statutes, and
chapter 62D -5, Part V; Florida Administrative Code, the parties hereto agree as follows:
I. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 62D -5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is 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 Dison Property (Florida Recreation
Development Assistance Program, FRDAP Project Number F07014),. hereinafter
called the PROJECT, and enters into this PROJECT AGREEMENT with the
GRANTEE for the acquisition of that real property, the legal description of which
shall be submitted to the DEPARTMENT as described in the Florida Recreation
Development. Assistance Program Development Project Pre -
reimbursement/Commencement Documentation Form, DEP Form FPS -A034.
3. All forms hereinafter' referenced may be- found at
www.dep.state.fl.us /parks /olrs. Further, the GRANTEE will also
receive all applicable forms for administration of project with GRANTEE's copy of
fully.executed PROJECT AGREEMENT.
DEP Agreement No. F7014, Page 1 of 9 my E COPY
DEP 55 -232 (09/05)
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. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT'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: Cash
6. 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(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 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 in the Department of Financial
Services' Reference Guide for State Expenditures at
hiip://www.dbf.state.fl.us/aadir/FSAAliidex.html.
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 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. 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. All 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- 5.054(34) of the RULE) incurred by 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 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, 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
L�(hereinafter referred to as the PROJECT completion
date), at whicK time all payment requests and completion documentation will be
DEP Agreement No. F7014, Page 3 of 9
DEP 55 -232 (01/05)
due to the DEPARTMENT. The GRANTEE may request 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 30 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 f6r five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
17. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of .Attachment 1, Exhibit -1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit -1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the 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 DEPARTMENT'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 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 (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 Grant Manager DEPARTMENT's Grant Manager
Ms. Julie L. DAzell Mary Ann Lee
Grants Administrator Florida Department of Environmental
6130 Sunset Drive - Protection
South Miami, FL 33143 -5093 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'any reasonable time.
23. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE 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 l 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)
the requirements of this paragraph in all subcontracts made to perform this
PROJECT AGREEMENT.
26. Land owned by the GRANTEE, which is acquired or developed with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 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 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 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 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 for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public 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, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list which may be found at
htto-fldms.mvflorida.com/dms/purchasing/convicted suspended discrimin
atory complaints vendor lists.. Questions regarding the discriminatory
vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at (850) 487 -0915.
32. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However„ nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
33. The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e) of the Immigfation 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
provision in all subcontracts issued as a result of this Agreement.
34. A person or.affiliate who has been placed on the convicted vendor list following a
conviction for a public. entity crime may not perform work as a GRANTEE,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in section 287.417, 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 default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy, of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
DEP Agreement No. F7014, Page 7 of 9
DEP 55 -232 (01105)
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 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, 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
Division Djr�ctor (or esigdde) .
Division offRecreatibA and Parks
Date
Address:
Office of Information and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399 -3000
DEP G ant r ager
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:
Print.' d Name:
Title:
�� fc
Date
Address:
6130 Sunset Drive .
South Miami, FL 33143 -5093
List of attachments /exhibits included as part. of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment 1 Special Audit Requirements 5 Page
DEP Agreement No. F7014, Page 9 of 9
DEP 55 -232 (01105)
ATTACHMENT1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
'DEP", „ „
as the "Department", 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 by the Department of Environmental Protection, as described in this 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 by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit_ The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General_
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non -profit organization as defined in OMB
Circular A- 133, as revised.
I. 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 I to this Agreement 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 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 with the provisions of OMB Circular A -133,
as revised, will meet the requirements of this part.
2. In connection with 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 $500,000 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 (i.e., 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 internet at htip: / /12.46.245.173/cfdatefda.html.
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DEP Agreement No. F7014, Attachment 1, Page 1 of 5
DEP 55 -215 (09/04)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient: ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project- specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the
Chief Financial Officer, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General. 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, 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 matching requirements.
2. In connection with the audit requirements addressed in Part 11, 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(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for
fiscal years ending on or after September 30, 2004), an audit conducted in accordance with the provisions
of Section 215.97, Florida Statutes, is not required. In 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 muste paid from the non -State entity's resources (i.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 the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at htto: / /state.fl.us /fsaa/cataIog or the Governor's
Office of. Policy and Budget website located at
http : / /www.mvflorida.com/rnvfloridA/ government /contracts /opbOffice.httnl for assistance. In addition to
the above websites, the following websites may be accessed for information: Legislature's Website
http:1 /www.leg.state.fl.us /, Governor's Website http: / /www.mvflorida.coml, Department of Financial
Services' Website hM://www.dbf.state.tl.us/ and the Auditor General's Website
http: / /www.state.fl.us /audeen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE. This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a -matter of that State awarding entity's policy (i.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(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial 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 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 directly to each of the following:
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DEP Agreement No. F7014, Attachment 1, Page 2 of 5
DEP 55 -215 (09/04)
A. The Department of Environmental 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 (d)(1) and (2), 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 East 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(c), OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection 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
Copies of financial reporting packages required by PART 11 of this Agreement 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
Florida Department of Environmental Protection
Office of the inspector General, M,S 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 dir ectly to the Department of Environmental 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
DEP Agreement No. 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
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 of Environmental Protection
for audits done in accordance with OMB Circular A. -133, or Chapters 10.550 (local goven-anental 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 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 -2I5 (09104)
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