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2008-024 Land & Water Conservation Fund ProgramRESOLUTION 2008-24 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROJECT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE RECEIPT OF $200,000 IN MATCHING GRANT FUNDS FOR RECREATIONAL IMPROVEMENTS AT ANCHORAGE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; APPROVING A BUDGET AMENDMENT TO APPROPRIATE MATCHING FUNDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the State of Florida Department of Environmental Protection ("DEP") Land and Water Conservation Fund Program seek to enter into a Project Agreement whereby DEP will provide the Village with $200,000 in matching grant funds for the wnstruction of recreational improvements at Anchorage Park; and WHEREAS, the Village Council determines that approval of the Pmject Agreement benefits the health, safety and welfare ofthe Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: • Section 1. The foregoing recitals are hereby adopted and incorporated herein. • Section 2. The Village Council hereby approves the Project Agreement between the Village and DEP, a copy of which is attached hereto and incorporated herein, and authorizes and directs the Mayor and Village Clerk to execute the Agreement on behalf of the Village. Section 3. The Village Council further authorizes the expenditure of $200,000 in matching funds from the Village's Unreserved, Undesignated Fund Balance Account #A4600-09100 and approves a budget amendment for transfer ofthe amounts listed below: Account Descri tion Ex ense Revenue General Fund: A4600-09100 A ro riated Fund Balance $ 200,000 A5540-49102 Transfer Out to Special Revenue Recreation Fund $ 200,000 Total General Fund: $ 200,000 $ 200,000 S ecial Revenue Rec Fund: U3900-09102 Transfer In from General Fund $ 200,000 U8028-66210 Anchora a Park $ 200,000 Total Special Revenue Rec Fund: $ 200,000 $ 200,000 • Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed the extent of such conflict. Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 27th DAY OF MARCH, 2008. (Village Seat). G%~i/~U~~ <~~6-=_~ MAYOR ATTEST: ,~' VILLAGE CLERK u 12-00554 (LWCF Project Number) LW 554 DEP Contract Number CFDA Number: 15.916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FY 2007 - 2008 PROJECT AGREEMENT -DEVELOPMENT This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and the VILLAGE OF NORTH PALM BEACH, whose address is 501 U.S. Hi hwa 1, North Palm Beach. Florida, 33408 (hereinafter called the "Grantee"), a local government, in furtherance of the Anchoraoe Park project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Section 375.021(4), Florida Statutes; and, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to receive grants for outdoor recreation and conservation; and, WHEREAS, the Grantee has submitted Project Application number 452, which has been approved by the Department. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be effective upon execution of this Project Agreement and end no later than three (3) years from the date of Agreement execution, inclusive. The Project Agreement shall be performed in accordance with Chapter 62D-5, Part VII, Florida Administrative Code, effective July 15, 2001 (hereinafter called the Rule); the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the Program); and with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual) including the CFRs referenced below. The Manual refers to the code of federal regulations (CFRs) applicable to this Project Agreement. The following table identifies several of the key CFRs addressed in the Manual, but does not limit the Grantee to compliance with only the CFRs identified in the table. DEP 55-239 (OS/07) DEP Agreement No. LW554, Page 1 of 13 CFR Cite Title 36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post- Com letion Com liance Res onsibilities 36 CFR 800.8 Coordination With the National Environmental Polic Act 43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance Pro rams 43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of Interior The Grantee agrees to become familiar with all provisions and comply with the Rule and Manual, including the above-stated provisions of the CFR, which are incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the LWCF Act of 1965 and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of any Act of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Anchorage Park (Land and Water Conservation Fund, LWCF Project Number 12-00554), hereinafter called the Project, and enters into this Project Agreement with the Grantee for the development of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS-A048. The approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deliverables), is incorporated into this Project Agreement by reference as if fully set forth herein. The "approved Project Application" includes only those Project Elements approved by the Department and does not include proposed elements not approved by the Department. Any revisions to the Project Elements as set forth in the approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Project Agreement. 3. The Grantee shall construct, or cause to be constructed, specified public outdoor recreation facilities and improvements consisting of the following Project Elements: Performance area/outdoor classroom, fishing pier, picnic facilities, hiking trail, parking; renovation of volleyball court hiking trail and other related support facilities. 4. The Project Elements identified in Paragraph 3 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and compatible with the environment. Plans and specifications for Project Site improvements and facilities shall be in DEP 55-239 (OSI07) DEP Agreement No. LW554, Page 2 of 13 accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. This site development plan may be altered by the Grantee, only after written approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee on a reimbursement basis the eligible Grant amount not to exceed $200,000.00, which will pay said federal Program's share of the cost of the Project. Program funding limits are based upon the following: Total Department (federal) Program Amount $200,000.00 Grantee Match Amount $200,000.00 Total Project Cost $400,000.00 Type of Match (Cash and/or In-kind Services) B. Within sixty (60) days after receipt of the 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 Land and Water Conservation Fund Program Required Project Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will approve the request for payment. 6. In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Project Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within thirty (30) calendar days 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). All bills for amounts due under this Project Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Florida Department of Financial 5ervice's Reference Guide for State Expenditures at htto://www.fldfs.com/aadir/reference%5Fauide and allowable costs for federal programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search html and OMB Circulars A-87, A- 102, A-110, A-122 and A-21, at htto://www.whitehouse.gov/omblcirculars/index html#numerical. DEP 55-239 (05107) DEP Agreement No. LW554, Page 3 of 13 7. Reimbursement for travel expenses is not authorized under this Project Agreement. 8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and 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 procurement requirements specified in 43 CFR 12.76. 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 in accounting for LWCF funds disbursed under 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 salaries/wages. Indirect costs that exceed 15% must be approved in advance in writing by the Department to be considered eligible Project expenses. 10. Project funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of this Project Agreement as set forth in s.62D-5.073(2) 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 the following expenditures which meet the requirements of the foregoing sections of the Rule. Preagreement Costs Approved: Description of Work Performed Amount Approved None _0_ Total Prea reement Costs A roved: -0- 11. A. Prior to commencement of Project development, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Required Project Commencement Documentation Form, DEP Form FPS-A050, referenced in s. 62D-5.073(7)(e) 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 development and approve the request for payment. DEP 55-239 (05/07) DEP Agreement No. LW554, Page 4 of 13 B. If Grantee does not have any of the documents incorporated by reference in this Project Agreement, Grantee shall obtain them from the Department or other official source. 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of Project construction and shall certify that it has done so to the Department by completing the Land and Water Conservation Program Project Permitting Certification, DEP Form FPS-A052, referenced in s. 62D-5.073(7)(e)(1) of the Rule. 13. The Grantee shall complete all Project construction by the completion date established in paragraph 1, above. 14. Project completion means the Project is open and available for use by the public. The Project must be completed prior to release of final reimbursement. 15. A. 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. 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. 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. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for equipment acquired with federal funds shall be retained for five years following final disposition. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-239 (05/07) DEP Agreement No. LW554, Page 5 of 13 ~s. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment A (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment A summarizes the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. 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 Grants Development and Review Manager at 850/245-2361 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 A, 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:\\apps.fldfs. com\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. 17. 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 any reimbursement due the Department. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Project Agreement. 19. 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' DEP 55-239 (05/07) DEP Agreement No. LW554, Page 6 of 13 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 similarly to provide Workers' Compensation Insurance for all of the tatter'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 Florida Workers' Compensation law, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 20. The purchase of non-expendable equipment is not authorized under the terms of this Project Agreement. 21. The Department's Grant Manager for the purpose of this Project Agreement, or successor, shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent (also known as Grantee's Grant Manager), as identified in the Project Application, or successor, shall act on behalf of the Grantee relative to the provisions of this Project Agreement. The Grantee's Liaison Agent, shall submit to the Department signed Project status reports every ninety ' (90) days 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. Any and all notices shall be deemed effective- and sufficient if sent via U.S. mail, facsimile (fax), electronic mail, or by hand-delivery to the parties at the following addresses: Name: Entity: Address: City, State, Zip: Phone: SunCom Phone: Fax: SunCom Fax: Email: Grantee's Liaison Agent Mr. Mark Hodgkins, Director Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, FL 33408 561/841-3384 561/844-1836 mhodgkins@village-npb.org REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-239 (05/07) DEP Agreement No. LW554, Page 7 of 13 Department's Grant Manager Name Entity Address City, State, Zip Phone SunCom Phone Fax SunCom Fax Email Tamika Bass Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS585 Tallahassee, Florida 32399-3000 (850)245-2501 205-2501 (850)245-3038 205-3038 Tamika.Bass@dep.state.fl.us 22. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI and the Department. 23. The Department and USDOI have the right to inspect the Project and any and-all records related thereto at any reasonable time. 24. 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(1), Florida Statutes. 25. 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 LWCF funds provided to the Grantee for non-compliance 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 be calculated and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the date(s) of payment(s) to the Grantee by the Department to the date repayment is made by Grantee. After closing of the Project, the Grantee may not repay the funds but shall go through the conversion process described by the Manual and the Rule. 26. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. DEP 55-239 (05/07) DEP Agreement No. LW554, Page 8 of 73 27. The Grantee shall comply with all federal, state and local laws, rules, regulations 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 ensure that the Grantee's contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 28. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 29. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 30. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation site for the use and benefit of the public, as stated in s. 62D-5.074(1) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. The dedication must be promptly recorded in the county's official public records by the Grantee and Grantee shall provide a certified copy to the Department. 31. The Grantee agrees to operate and maintain the Project site as stated in s. 62D- 5.074(2) of the Rule. The Project site, Project-related facilities, and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project-related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 32. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act, the Manual, and s. 62D-5.074(3) bf the Rule. DEP 55-239 (05/07) DEP Agreement No. LW554, Page 9 of 13 33. 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. If the Grantee does not comply or obtain and extension of time within the time period stated in the notice, this Project Agreement shall be automatically terminated. 34. 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. 35. If the Department determines that site control is not sufficient under the Rule or has been compromised, the Department shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the Department shall cancel this Project Agreement. 36. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Project Agreement is not a commitment of future appropriations. 37. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment B, Form DEP 55-221, effective January 2001, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Project Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. DEP 55-239 (OS/07) DEP Agreement No. LW554, Page 70 of 13 38. A. No person on the grounds of race, religion, 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 and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 39. 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 s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 40. A person or affiliate who has beeh placed on the convicted vendor list following a conviction for public entity crime may not pertorm 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 s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 41. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR Part 12), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by USDOI to the Department. B. Upon execution of this Project Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C. DEP 55-239 (05/07) DEP Agreement No. LW554, Page 77 of 13 C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Project Agreement. 42. This 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 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. 43. 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. 44. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 45. 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. 46. The parties hereto acknowledge and agree that the provisions contained in paragraphs 15, 23, 30, 31, and 32 shall survive the end date of this Project Agreement established in paragraph 1. 47. 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, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-239 (05/07) DEP Agreement No. LW554, Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT VILLAGE OF NORTH PALM BEACH OF ENVIRONMENTAL PROTECTION By: BY•~~~ '~7`~~~~ Division. Director Division of Recreation and Parks and State Liaison Officer (or designee) Date: z-f ~~-j / p //f/i//~.a-r~~ ~~ ~,4N~E/ Printed Name ~/,o~a~z Title Date: ~~1~ d 7 aZUO~ FEID No.: 59-6017984 Address: Office of Information and Recreation Services (MS 585) Division of Recreation and Parks 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Kam`- EP Grant Manager Approved as to form and legality for use for one year by Suzanne Brantley, Assistant General Counsel on June 11, 2007- Attachments: Attachment A Attachment B Attachment C Address: 501 U.S. Highway 1 North Palm Beach, FL 33408 ~//,¢y~ ~~~C~ Grantee's Attorney - Special Audit Requirements (5 pages) - Disclosure of Lobbying Activities (2 pages) - Certification Regarding Debarments/Suspension (2 pages) DEP 55-239 (05/07) DEP Agreement No. LW554, Page 13 of 13 ATTACHMENT A SPECIAL AUDIT REQUHiEMENTS The administration of resources awazded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor'; Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring 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 anon-profit organization as defined in OMB Circular A-133, as revised. 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 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 Deparment 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 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 intemet at http://12.46.245.173/cfda/cfda.html. DEP 55-215 (02/07) DEP Agreement No. LW554, Attachment A, 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 rles of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this 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 Departnment 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 II, 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 fmancial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state fmancial assistance in 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 obtahted 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 hops://anos.fldfs.com/fsaa for assistance. In addition to the above websites, the Following websites may be accessed for information: Legislature's Website at htip://www.leestate.fl.us/Welcome/index cfm, State of Florida's website at h_ttp://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://wwwstate.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 ojthat 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(8), Florida Statutes, State agencies may conduct or arrange for audits ojState 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 for funding the full cost ofsuch additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular 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. LW554, Attachment A, 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 Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), 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 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 3. Copies of financial 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 Deparhnent of Environmental Protection at the following address: Audi[ Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard 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 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (02/07) DEP Agreement No. LW554, Attachment A, Page 3 of 5 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 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 Circulaz A-133, Florida Statutes, or Chapters l0.SS0 (local govemmental 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 aze made available to the Department of Environmental Protection, or its designee, Chief Financial O~'ficer, 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (02/07) DEP Agreement No. LW554, Attachment A, 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 ederal Agenc CFDA Number FDA Title unding Amount State Appropriation Categor Original Agreement U.S. Department of the Interior, National Park Service 15.916 Outdoor Recreation Acquisition, Development and Planning $200,000.00 State Resources Awarded to the Reci lent Pursuant to this reement Consist of the Followin Matchin Resources for Federal Pro rams: Federal Program Number ederal Agency FDA FDA Title unding Amount State Appropriation Categor State Resources Awarded to the Reci lent Pursuant to [his A reement Consist of the Followin Resources Sub'ect to Section 215.97, F.S.: State Program Number Funding Source Stale Fiscal Year CSFA Number CSFA Title or Funding Source Descri tion Funding Amount State Appropriation Categor Total Award $200,000.00 For each program identified above, the recipient shall comply with the program requirements described m the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of Slate Financial Assistance (CSFA) [hhps://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 55-215 (02/07) DEP Agreement No. LW554, Attachment A, Page 5 of 5 • ATTACHMENT B • Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant [0 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ^ ^ ^ a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee f loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name Prime ~ Subawardee and Address of Prime: Tier ,if known: Congressional District, if known: Congressional District, ifknnwn: 6. Federal Departm¢nUAgency: 7. Federal Program Name/Descrip[ion: CFDA Number, if applicable: 8. Federal Action Number, ifkrcown: 9. Award Amount, ifknown.~ 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, las! Home, firs! name, MIJ: d~erent from No. /OaJ (lost name, first rcame, MQ: (attach Conlinundion Sheets SF-LLLA, i necessa Signature• 11. Information requested through this form is authorized by fide 31 U.S.C. secfioo 1352. This disclosure of lobbying activities is a material representation of fact u on whieh reliance was laced b the fier v b Print Name: p p y a o e when this transaction was matle or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress Title. semi-annually and will be available for public inspection. Any person who fails to file [hc required disclosure shall be subject to a civil penalty of not Telephone No.' Da[¢' less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form- LLL (Rev 7 - 97) Form DEP 55-221 (Ol/Ol) DEP Agreement No. LW554, Attachment B, Page 1 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number, grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001:' 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According [o the Paperwork Reduction Act, as amended, no persons are required [o respond [o a collection of information unless i[ displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducin [his burden, to [he Office of Mana ement and Bud et, Pa erwork Reduction Pro'ec[ 0345-0046 , Washin on, D.C. 20503. Form DEP 55-221 (Ol/Ol) DEP Agreement No. LW554, Attachment B, Page 2 of 2 ATTACHMENT C CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW554 The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within athree-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-tmst statutes or commission of embezzlement, theft, forgery, bribery, falsification or destmction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly chazged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within athree-year period preceding this certification had one or more public transactions (Federal, Slate or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to [his certification. Dated this day of , 20_ Authorized Signature/Contractor Typed Name/Title Contractor's Firm Name Street Address Building, Suite Number City/State/Zip Code Form DEP 55-220 (Ol/Ol) Area Code/Telephone Number DEP Agreement No. LW554 Attachment C, Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, [he certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party Teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primazy covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in [he ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 55-220 (01/01) DEP Agreement No. LW554 Attachment C, Page 2 of 2 Land and Water Conservation Fund Program Required Project Commencement Documentation Following approval of these documents, the Department will issue written authorization to commence construction or acquisition of the roject. DEVELOPMENT COMMENCEMENT DOCUMENTATION _1. A professional site plan (detail specifications not required). In addition, the project liaison is required to sign and date the site plans. If part of a larger simultaneous development or part of a phased project, please color code the current project elements and/or any phases/existing elements. (2 copies) 2. Commencement Certification (Form Attached) _3. A boundary survey of the project site, which includes a legal description of the property, prepared, signed and sealed by a Florida, registered land surveyor. The survey must be updated to within one year of the closing date of the application submission period. (2 copies) 4. The results of a title search of the project area covering the thirty (30) year period prior to approval by Department Secretary, or a copy of title insurance which attests to a clear title owned by the grantee, with no liens, encumbrances or taxes held against the property. A warranty deed will not suffice. _5. If donated land will be used as a match, obtain a self contained narrative appraisal. The appraisal must be prepared by an appraiser on DEP's Division of State Lands (DSL) approved appraiser list. If the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisal(s) shall be dated no earlier than (6) months prior to the closing date of the application period. The appraisal(s) will be reviewed by a fee appraiser under contract with DSL. Payment of appraisal review fees will be the responsibility of the grantee and will be made by the grantee upon and pursuant to direction of the Office of Information and Recreation Services. These costs are not reimbursable. (2 copies) 6. Certification of Manual Possession (Form Attached) ACQUISITION COMMENCEMENT DOCUMENTATION _i. A written offer to purchase from the grantee to the land owner with a statement of or Waiver of Just compensation. 2. A self contained narrative appraisal. The appraisal must be prepared by an appraiser on DEP's Division of State Lands (DSL) approved appraiser list. htto://www.deo.state.fl.us/lands/aopraisaUdefault.htm. If the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisal must be prepared in accordance with the LWCF Manual and Uniform Appraisal Standards for Federal Land Acouisitions, which establishes the fair market value of the project site. The fair market value of the project site shall be based on its highest and best use. The appraisal(s) shall be dated no earlier than (6) months prior to the closing date of the application period. The appraisal(s) will be reviewed by a fee appraiser under contract with DSL. Payment of appraisal review fees will be the responsibility of the grantee and will be made by the grantee upon and pursuant to direction of the Office of Information and Recreation Services. These costs are not reimbursable. (2 copies) 3. A boundary survey of the project site, which includes a legal description of the property, prepared, signed and sealed by a Florida, registered land surveyor. The survey must be updated to within one year of the closing date of the application submission period. (2 copies) 4. The results of a title search of the project area covering the thirty (30) year period prior to approval by Department Secretary, or a copy of title insurance. _5. If applicable, a Mean High Water Survey must be done within 45 days of the appraisal. _6. Certification of Manual Possession (Form Attached) FPS-A050 Revised (09/07) ~~~pp.0iftt!ON~ ~ '~ •. FLORIDA LAND AND WATER CONSERVATION FUND PROGRAM Commencement CertiScation Project Sponsor: Project Number: Project Name• A list identifying the quantity and type of primary outdoor recreation areas and facilities and support facilities to be constructed, and cost estimate for each item. Primary FacilitieslAreas: Estimated Cost: Support FacilitieslAreas: Total Project Cost $ The Project Sponsor certifies that all final plans and specifications (i.e.; site, architectural, engineering) to be used in conjunction with the above referenced project were prepared and certified by an insured, registered architect, engineer, or landscape architect (as appropriate) and meets all applicable federal, state and local codes, and current engineering practices; that health, safety, durability and economy were considered and incorporated in these plans consistent with the scope and objectives of the project; that equal access pursuant to the requirements of Federal law and Chapter 553 Florida Statutes, is incorporated in the design of all facilities for individuals with disabilities; that the proposed development is compatible with its surrounding environment; that all required local, state and federal environmental permits and approvals have been obtained; and that provisions have been made to insure adequate supervision of construction by competent personnel. Date Project Liaison Agent FPS-A052 09/05 CERTIFICATION OF MANUAL POSSESSION LAND AND WATER CONSERVATION FUND PROGRAM GRANTEE: PROJECT TITLE: PROJECT I hereby certify that has in its possession a Land and Water Conservation Fund Manual. SIGNED: DATE: i LWCF PROJECT BOUNDARY MAP REQUIREMENTS 1. Submit a dated project boundary map which clearly delineates the project area. 2. The project boundary map and/or attachments must identify the following: - The title of the project or project element. - The date of map preparation. - The area(s) under lease and term remaining on the lease(s). - All known outstanding rights and interests in the area held by others. Known easements, deed/lease restrictions, reversionary interests, etc. are to be included. - The project area in sufficient detail so as to be legally sufficient to identify the lands to be afforded protection under the LWCF program. The following methods of identification are acceptable: Deed references Adjoining ownerships Adjoining easements of record Adjoining water bodies or other natural landmarks Metes and bounds Government survey Where one or more of the above methods are not readily suited for boundary identification, measurements from permanent locators must be used. A formal survey is not generally required.