2007-077 Florida Legislative Appropriation• RESOLUTION 2007-77
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING THE FILING OF AN
APPLICATION FOR $400,000 APPROPRIATED BY THE FLORIDA
LEGISLATURE FOR PHASE ONE OF THE ANCHORAGE PARK MASTER
PLAN AND AUTHORIZING VILLAGE ADMINISTRATION AND VILLAGE
OFFICIALS TO TAKE ALL STEPS NECESSARY TO SECURE SUCH
FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida DepaRment of Environmental Protection ("FDEP") recently notified the
Village that the 2007 Florida Legislature had appropriated $400,000 to the Village for Phase One
ofthe Anchorage Park Master Plan; and
WHEREAS, in order to receive these funds, the Village must complete the application provided
by FDEP and enter into a cost reimbursement grant agreement with FDEP; and
WHEREAS, the Village Council wishes to authorize Village Administration and the appropriate
Village Officials to take all steps necessary to secure the funds.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
• OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby adopted as true and correct and are
incorporated herein by reference.
Section 2. The Village Council hereby authorizes Village Administration and appropriate
Village Officials, including the Mayor and Village Clerk, to take all steps necessazy to secure the
$400,000 appropriated by the Florida Legislature, including, but not limited to, the filing of the
necessary application with FDEP and the execution of a cost reimbursement grant agreement
with FDEP.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 26th DAY OF JULY, 2007.
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DEP Agreement No. L0710
CSFA Number: 37.071
CSFA Title: LLI
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROJECT AGREEMENT
PURSUANT TO LINE ITEfvI 1928A and 1948E OF THE
2007 - 2008 GENERAL APPROPRIATIONS ACT J
This PROJECT AGREEMENT is made and entered into this l~~day of
~~, 2007, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the
VILLAGE OF NORTH PALM BEACH, hereinafter called the GRANTEE,
1. The 2007 Florida Legislature appropriated $400,000.00 from the Land Acquisition
Trust fund to the DEPARTMENT for use by the GRANTEE for Phase I
Anchorage Park Master Plan, hereinafter called the PROJECT.
2. All forms referenced in this PROJECT AGREEMENT may be found at
www.deo.state.fl.us/parks/oirs. Further, the GRANTEE will also receive all
applicable forms for administration of project with GRANTEE'S copy of the fully
executed PROJECT AGREEMENT.
3. The GRANTEE shall construct, or cause to be constructed, certain public
facilities and improvements consisting of the following PROJECT ELEMENTS:
Initial grading for Phase I, demolition of decommissioned waste water treatment
plant and other related support facilities. These PROJECT ELEMENTS may be
modified by the DEPARTMENT if the GRANTEE shows good cause and the
DEPARTMENT approves the modification by executing an amendment to this
PROJECT AGREEMENT.
4. The DEPARTMENT shall pay, on acost-reimbursement basis, to the GRANTEE,
funds not to exceed $400,000.00. Final payment, up to ten (10) percent of the
total PROJECT AGREEMENT amount, will be withheld until final inspection has
been completed. The parties hereto understand and agree that this PROJECT
AGREEMENT does not require a cost sharing or match on the part of the
GRANTEE.
DEP Agreement No. L0710, Page 1 of 9
DEP 55-231 (05/07)
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 DEPARTMENT the reimbursement request will be approved
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 or
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines).
When requested, this information must be provided within thirty (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
http://www.fldfs.com/aadir/reference%5Fguide, which GRANTEE shall follow.
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. A copy of this PROCEDURE has been provided with this
PROJECT AGREEMENT and may also be found at
http://www.deD.state.fl.us/parks/oirs. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's 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 accounting for 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.
DEP Agreement No. L0710, Page 2 of 9
DEP 55-231 (05/07)
11. The State of Florida's performance and obligation to pay under this PROJECT
AGREEMENT is contingent upon an annual appropriation by the Legislature.
The GRANTEE understands that this PROJECT 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. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation as identified in the supplemental information documentation
checklist submitted to the GRANTEE as part of the award package from the
DEPARTMENT. Upon determining that the documentation is complete the
DEPARTMENT will give written notice to GRANTEE to commence the
development.
14. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to commencement of the PROJECT construction.
15. This PROJECT AGREEMENT shall become effective upon execution by both
parties and the GRANTEE shall complete construction of all PROJECT
ELEMENTS on or before April 30, 2010 (hereinafter referred to as the
PROJECT completion date), at which time all payment requests and completion
documentation will be due to the DEPARTMENT.
16. Project completion means the PROJECT is open and available for use by the
public. PROJECT must be designated complete prior to release of final
reimbursement.
18. 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, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this PROJECT
AGREEMENT and for five years following PROJECT AGREEMENT completion
or resolution of any dispute arising under this PROJECT AGREEMENT. In the
event any work is subcontracted, the GRANTEE shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
DEP Agreement No. L0710, Page 3 of 9
DEP 55-231 (05/07)
19. A. In addition to the requirements of the preceding paragraph, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1,
Special Audit Requirements, attached hereto and made a part hereof.
Exhibit 1 to Attachment 1 summarizes the funding sources supporting
the PROJECT AGREEMENT for purposes of assisting the GRANTEE in
complying with the requirements of Attachment 1. A revised copy of
Exhibit 1 must be provided to the GRANTEE for each amendment which
authorizes a funding increase or decrease. If the GRANTEE fails to
receive a revised copy of Exhibit 1, the GRANTEE shall notify the
DEPARTMENT'S Grant Manager to request a copy of the updated
information.
B. The GRANTEE is hereby advised that the Federal and/or Florida Single
Audit Act Requirements may further apply to lower tier transactions that
may be a result of this PROJECT AGREEMENT. The GRANTEE shall
consider the type of financial assistance (federal and/or state) identified in
Attachment 1, Exhibit 1 when making its determination. For federal
financial assistance, the GRANTEE shall utilize the guidance provided
under OMB Circular A-133, Subpart B, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For
state financial assistance, the GRANTEE shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor
Determination" (form number DFS-A2-NS) that can be found under the
"Links/Forms" section appearing at the following website:
https://a pps.fldfs. co m/fsaa
The GRANTEE should confer with its chief financial officer, audit director
or contact the DEPARTMENT for assistance with questions pertaining to
the applicability of these requirements.
20. 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 to 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.
21. The GRANTEE warrants and represents that it is self-funded for liability
insurance, appropriate and allowable under Florida law, and that such self-
insurance offers protection applicable to the GRANTEE'S officers, employees,
servants and agents while acting within the scope of their employment with the
GRANTEE.
DEP Agreement No. L0710, Page 4 of 9
DEP 55-231 (05/07)
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of its employees connected with the work of this
PROJECT and, in case any work is subcontracted, the GRANTEE shall require
the subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this PROJECT AGREEMENT is
not protected under Workers' Compensation statutes, the GRANTEE shall
provide, and cause each subcontractor to provide, adequate insurance
satisfactory to the DEPARTMENT, for the protection of its employees not
otherwise protected.
23. The GRANTEE covenants that it presently has no interest and shall not acquire
any interest which would conflict in any manner or degree with the pertormance
of services required.
24. The purchase of non-expendable equipment is not authorized under the terms of
this PROJECT AGREEMENT.
25. 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, identified in paragraph 26, 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 51h, and September 5th of each year summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the DEPARTMENT. Photographs to
reflect the construction work accomplished shall be submitted when the
DEPARTMENT requests them.
26. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by certified mail to the parties at the following
addresses:
GRANTEE'S Grant Manager
Mr. Mark Hodgkins
Director of Parks and Recreation
501 US Highway 1
North Palm Beach, Florida 33408
DEPARTMENT'S Grant Manager
Tamika Ardley
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
DEP Agreement No. L0710, Page 5 of 9
DEP 55-231 (05/07)
27. 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 .
28. The DEPARTMENT has the right to inspect the PROJECT and all records
related thereto at any reasonable time.
29. 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 material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
from Section 24(a) of Article I of the State Constitution and Section 119.07,
Florida Statutes.
30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any
time in the event of the failure of the GRANTEE to fulfill any of its
obligations under this PROJECT AGREEMENT. Prior to termination, the
DEPARTMENT shall provide thirty (30) calendar days written notice of its
intent to terminate and shall provide the GRANTEE an opportunity to
consult with the DEPARTMENT regarding the reason(s) for termination.
B. The DEPARTMENT may terminate this PROJECT AGREEMENT after
three years if the Governor does not approve certification forward of the
PROJECT funds.
31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a
refund, either in whole or in part, of the 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.
32. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in 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 include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
33. The GRANTEE may subcontract work under this PROJECT AGREEMENT
without the prior written consent of the DEPARTMENT'S Grant Manager.
DEP Agreement No. L0710, Page 6 of 9
DEP 55-231 (05/07)
34. The GRANTEE agrees to be responsible for the fulfillment of all work elements
included in any subcontract. It is understood and agreed by the GRANTEE that
the DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
35. Land owned by the GRANTEE that this PROJECT is being built on under this
PROJECT AGREEMENT, shall be open at reasonable times and shall be
managed in a safe and attractive manner appropriate for public use.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending grant funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
37. 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
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 that may be found at
http://dms.mvflorida.com/dms/DUrchasing/convicted suspended
discriminatory 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.
38. 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.
DEP Agreement No. L0710, Page 7 of 9
DEP 55-231 (05/07)
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
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DEP Agreement No. L0710, Page 8 of 9
DEP 55-231 (05/07)
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
BY~ _ i
Division Director (or Designee)
Division of Recreation and Parks
VILLAGE OF NORTH PALM BEACH
By:
Print Name: ,Ed . ,E%SSty
Title: ~,~!/p/t
/d ~ /v 7 ~/d/O~07
Dates Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tall~ah~a~s~°s~ee, Flor(id~a,32399-3000
\~~~~t 4.LUL4 ~lJl/ ~ ~~~~~~~~
~_.E.Y'c'~vl/i
DEP Grant Manager
Approved as to Form and Legality:
This form has been pre-approved as to
Form and legality by Suzanne Brantley,
Assistant General Counsel, on
August 31, 2007 for use for one year.
Address:
501 US Highway 1
North Palm Beach, Florida 33408
=~-
Grantee Attorney
ATTEST:
VILLAGE CLERK
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 Pages)
DEP Agreement No. L0710, Page 9 of 9
DEP 55-231 (05/07)
ATTACHMENTI
SPECIAL AUDIT REQUIREMENTS
The administration of resources awazded by the Department of Environmental Protection (which may 6e 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 by the Deparment 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 anon-profit organization as defined in OMB
Circular A-133, as revised.
In the even[ that the recipient expends $500,000 or more in Federal awards in its fiscal yeaz, the recipient
must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 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 Circulaz A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awazds in its fiscal yeaz 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 inforrna[ion regarding the Catalog of Federal Domestic Assistance (CFDA) via
the Internet at http://12.46.245.173/cfda/cfda.html.
UEV 55-215 (02/07) '
DEP Agreement No. L0710, Attachment 1, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the 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 a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Departrnent
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 Agreement indicates state fmancial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state fmancial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state fmancial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State fmancial 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 II, paragraph l; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a fmancial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
goverrunental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state fmancial assistance m its fiscal year, 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 $500,000 in state financial assistance in its fiscal year, 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 (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 https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed fot information: Legislature's
Website at ~://www.legstate.fl.us/Welcome/index.cfm, State of Florida's website at
htto://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at htto://wwwstate.fl.us/audeen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped 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 Federa[ or State audit requirements). Pursuant to Section 215.97(8), 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 2!5.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circulaz A-133, as revised, and
required by PART I of this Attachment 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:
DEP 55-215 (02/07)
DEP Agreement No. L0710, Attachment 1, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevazd
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circulaz A-133, as revised (the number of
copies required by Sections .320 (d)(]) 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 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy 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 Departrnent of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of fmancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Envirommental Protection at the following address:
Audit Director
Florida Department of Envirommental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevazd
Tallahassee, Florida 32399-3000
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
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DEP 55-215 (02/07)
DEP Agreement No. L0710, Attachment 1, Page 3 of 5
a ~
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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 fmancial 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 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 fot a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (02/07)
DEP Agreement No. L0710, Attachment 1, Page 4 of 5
EXHIBIT -1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci lent Pursuant to this A reement Consist of the Followin
Federal
Program
Number
Federal A enc
CFDA
Number
CFDA Title
Fundin Amount State
Appropriation
Cate o
State Resources Awarded to the Reci Tent Pursuant to this A reement Consist of the Followin Matchin Resources for Federal Pro rams:
Federal
Program
Number
Federal Agenc
CFDA
CFDA Title
Fundin Amount State
Appropriation
Cate o
State Resources Awarded to the Reci lent Pursuant to this A reement Consist of the Followin Resources Sub'ect to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number CSFA Title
or
Funding Source Descri tion
Funding Amount State
Appropriation
Catego
L0710 Land Acquisition Trust
Fund, GAA Line Item
1928A 2007-2008 37.071 LATF $400,000.00 140694
Total Award `';400,000.00
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.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 the recipient is clearly indicated
in the Contract.
•
DEP 55-2i5 (02/07)
DEP Agreement No. L0710, Attachment 1, Page 5 of 5