LAND AND WATER CONSERVATION FUND PROGRAM FY 2007-2008 - PROJECT AGREEMENT - DEVELOPMENT - LW549
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12-00549
(LWCF Project Number)
LW549
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
"Deparbnenf'), and the CITY OF CLEARWA TIiR, whose address is 100 South MYrtle
Avenue , ClealWater. Florida, 33756 (hereinafter called the . "Grantee"), a local
government, in furtherance of the blk, e.,lleview ImDrovements 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 449, 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 perfonned in accordance
with Chapter 620-5, 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 8s.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 linit the Grantee to compliance
with only the CFRs identified in the table.
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36 CFR 800.8
43 CFR 12
CFR Cite
36 CFR 59
...
43 CFR 17
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 partiesconceming 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 Lake BelIeview ImDrovements (land and Water
Conservation Fund, LWCF Project Number 12-00549), 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 desaibed 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 eet 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 EIemen1s 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: Plava~. T".l..IIIbIdlIU FacilitY. Fishlna Pier. Pedestrian
lIridae tIIId other tfIIated SUDDOtt feci'me..
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 inprovements and facilities shall be in
accord with current and established engineering and architectural standards and
practices. Emphasis should be given to the health and safety of users,
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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 Deparbnent. 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 Deparbnent shall pay the Grantee on a reimbursement ba$is the
eligible Grant amount not to exceed $100.000.00, 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
Grantee Match Amount
Total Project Cost
$100,000.00
$100,000.00
$200,000.00
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 requiremen1s of the Land and Water Conservation Fund
Program Required Project Completion Documentation Form, DEP Form
FP5-A051, referenced in s. 620-5.073(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 biNs for amountsddue 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 Service's Reference Guide for
State Expenditures at http://www.f1dfs.com/aadir/reference%5FQuide and allowable
costs for federal programs can be found under 48 CFR Part 31 at
http://www.access.QPo.Qov/nara/cfr/cfr-table-search.htmland OMB Circulars A-87, A-
102, A-110, A-122 and A-21 , at
http://www.whitehouse.Qov/omb/circulars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
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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 costa _ 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 Deparbnent to be considered eligible
Project expenses.
10. Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in 5.620-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in 5.620-5.073(2) of the Rule. The
Deparbnent and the Grantee fully understand and agree that there shaH 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
-0-
None
Total P reement Costs
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. 620-5.073(7)(e) of the Rule, to the
Depar1ment. Upon detennining 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.
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.
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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.
620-5.073(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 shaD similarty 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 re18ntion 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.
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16. A. In addition to the requirements of the preceding paragraph, the Grantee
shall comply with the applicable provisions contained in Attachment A
(Special Audit Requlntment:a), 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 Atlachment 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.
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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 OMS
Circular A-133, Subpart S, Section _.210 for detennining 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 RecipientlSubrecipient VB Vendor Determination"
(form number DFS-A2-NS) that can be found under the "LinksIForms"
section appearing at the following website:
https:\\apps.f1dfs.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 reimbunsement 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 fonns 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'
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
~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.
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21. The Department's Grant Manager for the purpose of this Project Agreement, or
successor, shall be responsible for ensuring perfonnance of its tenns 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 Deparbnent 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:
Grantee's Liaison Agent
Name: Ms. Felicia Leonard, Administrative
Support Manager
Entity: City of Clearwater
Address: 100 South Myrtle Avenue
City, State, Zip: Clearwater, FL 33756
Phone: 727/562-4852
SunCom Phone:
Fax: 727/562-4825
SunCom Fax:
Email: Felicia.Leonard@myclearwater.com
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Department's Grant Manager
Name: A. Diane Langston
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850) 245-2501
SunCom Phone: 205-2501
Fax: (850)245-3038
SunCom Fax: 205-3038
Email: Diane.langston@dep.state.fl.us
22. Prior to final reimbursement, the Grantee must erect a permanent infonnation
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 Deparbnent 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
shaD 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.
27. The Grantee shall comply with all federal, state and local laws, rules, regulations
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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 confonn 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 provilion$ 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. 620-5.074(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 . stated in s. 620-
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 S8fe 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 tenns 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 shaH 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
USOOI and the Department pursuant to Section 6(f)(3) of the LWCF Act, the
Manual, and s. 620-5.074(3) of the Rule.
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
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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 Deparbnent 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.
38. 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 S, Form DEP 55-221, effective
January 2001, "Disclosure of Lobbying Activities" (attached hereto and
made a part her8of), and shaH file quarterty 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.
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.
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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 been placed on the convicted vendor list following a
conviction for public entity crime may not perform worX 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 deparbnent 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 ~ of the form entitled "Certification
Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -
Lower TIef' Federally Funded Transactions", attached hereto and made a
part hereof as AtIachment C.
C. As required by paragraphs A and B above, the Grantee shall inciude 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.
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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.
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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
OF E~:R53N==CTION
BY:~
Division Director
Division of Recreation and Parks
and State liaison Officer
(or designee)
Date: 5/ J ;)..-/ /) ~
I J
CITY OF CLEARWATER
By: See Attached Signatume P~ge
Printed Name
Title
Date:
FEID No.: 59-6000289
Address:
Office of Information and Recreation
Services (MS 585)
Division of Recreation and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Address:
100 South Myrtle Avenue
Clearwater, FL 33756
d,0:'~ J ~
DEP Grant Manag~ .
Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on June 11,
2007.
Grantee's Attorney
Attachments:
Attachment A - Special Audit Requirements (5 pages)
Attachment B - Disclosure of Lobbying Activities (2 pages)
Attachment C - Certification Regarding Debarments/Suspension (2 pages)
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Additional Signature Page to
Land and Water Conservation Fund Program, Fiscal Year 2007 - 2008
Project Agreement - Development
between
City of Clearwater and Florida Department of Environmental Protection
Countersigned:
CITY OF CLEARWATER, FLORIDA
~'fll;"....~. ~ -:rr.
William B. Horne II
City Manager
V. Hibbard
Mayor
Approved as to form:
~~
Laura Lipowski
Assistant City Attorney
Attest:
DEP Agreement No. LW549
Additional Signature Page
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ATIACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor'~ Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring 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~l33 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
Depamnent 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 Depamnent to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non~profit organization as defined in OMB
Circular A-l33, as revised.
I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-l33, 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 Deparbnent 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 ofOMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-l33, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than SSOO,OOO in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resomces (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at bttp://12.46.245.173/cfdalcfda.html.
DEP 55-215 (02107)
DEP Agreement No. L WS49, Attachment A, Page 1 of 5
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PART ll: 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 irt 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 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 I 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 sball consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part 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 financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial 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 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.comlfsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/We1come/index.cfin. State of Florida's website at
http://www.myflorida.coml, Department of Financial Services' Website at http://www.fldfs.coml and the
Auditor General's Website at http://www.state.fl.uslaudgen.
PART Ill: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (ie., 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 of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-l33, 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 55-21S (02107)
DEP Agreement No. L WS49, Attacbment A, Page 2 of 5
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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-B3, as revised (the number of
copies required by Sections .320 (d)(l) 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
120 I East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t),
OMB Circular A~ 133, as revised.
2. Pursuant to Section .320(t), 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 offmancial 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 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 Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (02107)
DEP Agreement No. L WS49, Attachment A, Page 3 of 5
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4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient ~ 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-l33, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local 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 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 (02107)
DEP Agreement No. L W549, Attachment A, Page 4 of 5
EXHIBIT - 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
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Federal Resources Awarded to the Recipient Pursuant to this Allreement Consist of the FoUowinll:
Federal State
Program CFDA Appropriation
Number Federal A~encv Number CFDA Title Fundin~ Amount Cate~oTY
Original U.S. Department of the 15.916 Outdoor Recreation Acquisition, Development and 100000
Agreement Interior, National Park Planning
Service
State Resources Awarded to the Redoient Pursuant to this f L2reement Consist of the Followinl! Matchine Resources for Federal Prollrams:
Federal State
Program Appropriation
Number Federal A2encv CFDA CFDA Title Fundinl!: Amount Cate20rv
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State Resources Awarded to the Recipient Pursuant to this Allreement Consist of the Followinll Resources Subject to Section 215.97. F.S.:
State CSF A Title State
Program State CSFA or Appropriation
Number Fundin~ Source Fiscal Year Number Fundinl!: Source Description Fundin~ Amount Catei!:oTY
.
Total A ward I
-
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/ortheFloridaCatalogofStateFinanciaIAssistance(CSFA)[https://apps.fldfs.comlfsaa/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 (02107)
DEP Agreement No. LW549, Attachment A, Page 50f5
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ATTACHMENT B
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Approved by OMB
0348-0046
DISCWSURE OF WBBYING ACTMTIES
Complete this form to disclose lobbying activities pursuant to 31 V.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2- Status of Federal Action: 3. Report Type:
D a. contract D a. bid/offer/application D 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 oflast report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address of Prime:
o Prime o Subawardee
Tier , ifknown:
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Fedenl Prognm NamelDeseription:
CFDA Number, if applicable:
8. Federal Action Number, iflcnown: 9. Award Amount, ifknown:
S
10. a. Name and Address of Lobbying Entity b. IBdividuals Performing Services (including address if
(if individual, last name, first name, MI): differentfrom No. lOa)
(last name, first name, MI):
(attach Continuation Sheet(s) SF-LLLA, if necessary)
11. Information requested through this form is authorized by title 31 V.S.C. Signature:
sedlon 1352. This dilIclosure of lobbying .etivities is . material Print Name:
represenlation of fact u)IOB whida reliance was pIacm by the tier alloft
nen this tl'lUlSllctioa was ..ade or l!IItered iato. nus dilc:laAre is reqllired Title:
pursuant to 31 U.s.c. 1352. This iBfo.....tion wID be reported to c.....-
semi-auDuaDy and will be available for pUIic iBspectiea. A..y penMIIl wile
falls to file the required dillclosure sIIaII be subject .. a civil pmaIty nf DOt Telephone No.: Date:
less than $10,000 and not more than $100,000 for eadlllIdI failure.
Federal UlIC 0IIIy: Authorized for Local Reproduction
Standard Fonn - LLL (Rev 7 - 97)
Form DEP 55-221 (01/01)
DEP Agreement No. LW549, Attachment B, Page 1 of2
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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCWSURE OF WBBYING ACTIVITIES
Tbis disclosure form sball be completed by tbe reporting entity, wbetber subawardee or prime Federal recipient, at
tbe initiation or receipt of a covered Federal action, or a material cbange to a previous filing, pursuant to title 31
U.S.C. section 1352. Tbe filing of a form is required for eacb 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 otTlCer or employee of Congress, or an employee of a Member of Congress in connection witb a covered
Federal action. Complete all items that apply for botb the initial filing and material cbange report. Refer to tbe
implementing guidance publisbed by tbe Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for wbicb lobbying activity is and/or bas been secured to
intluence tbe outcome of a covered Federal action.
2. Identify tbe status of tbe covered Federal action.
3. Identify tbe appropriate classification of tbis report. If tbis is a followup report caused by a material
cbange to tbe information previously reported, enter the year and quarter in wbicb tbe cbange occurred.
Enter tbe date of the last previously submitted report by tbe reporting entity for tbis covered Federal
action.
4. Enter tbe full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Cbeek tbe appropriate classifICation of tbe reporting entity tbat designates if it is or
expects to be, a prime or subaward recipient. Identify tbe tier of tbe subawardee, e.g., tbe first
subawardee of tbe prime is tbe 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If tbe organization filing tbe report in item 4 cbeeks "Subawardee", tben enter tbe full name, address,
city, state and zip code of tbe prime Federal recipiellt. Include Congressional District, if known.
6. Enter tbe 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 tbe Federal program name or description for tbe covered Federal action (item I). If known, enter
tbe fuD Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter tbe most appropriate Federal identifying number available for tbe Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; tbe contract, grant, or loan award number; tbe application/proposal control number assigned
by tbe Federal agency). Include prefixes, e.g., "RFP-DE.90-00I."
9. For a covered Federal action wbere tbere bas been an award or loan commitment by tbe Federal agency,
enter the Federal amount of the award/loan commitmeut for the prime entity identified in item 4 or 5.
10. (a) Enter the fuD name, address, city, state and zip code of the lobbying entity engaged by tbe reporting
entity identified in item 4 to influence tbe covered Federal adion.
(b) Enter tbe fuD names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, F'ant Name, and Middle Initial (MI).
11. Tbe certifying official sbaD sign and date tbe form, print bislber name, title and telepbone number.
A<<ordhag to the Paperwork Redaetkm Ad, as ameuded. JIO pel'lOllJ are reqmred to I'elIpHd to a eoIIeedo. of infor.adoll unless it
displays a valid OMS Coutrol Nuaber. TIle valid OMS c:ootrol ...ber for dais i.fo....don collectioR is OMB No. 0348-0046. Public
repol1iug bunle. for tIalI eoIIeetion or i.foruaadoll is ati..Ud to avenee 30 aiRata PCI' rapolllC, iududiug tilDe for reviewing
illltraedous, ICllrehiag cDstiag data IIODIUS, pdle.... alld _utalDiug tIIc data nccdcd. and complctiug a.d reviewing the coll<<tion of
Information. Send eoaaenll reprd1uc the ...... atilD8te or a.y otIIcr aspcet of th.. coIl<<do. or lur......tio.. Incladlag nggationl
for red. tIlis b. to tIIc 00ke of t and Pa on Reduction Pro cd 0l048-8I46 WuIai D.C. 20503.
Fonn DEP 55-221 (01/01)
DEP Agreement No. LW549, Attachment B, Page 2 of 2
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ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGmILITY AND
VOLUNTARY EXCLUSION-WWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW549
I. 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 a three-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-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged 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 a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
3. Where the undersigned is unable to ceriliY to any of the statements in this certification, an explanation shall be attached to. this
certification.
Dated this
day of
.20_.
By
Authorized Signature/Contractor
Typed Namelfitle
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Codelfelephone Number
Form DEP 55-220 (01101)
DEP Agreement No. LWS49 Attachment C, Page 1 012
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INSTRUCTIONS FOR CERTmCATION REGARDING DEBARMENT,
SUSPENSION, INELIGffiILITY AND VOLUNTARY EXCLUSION.
WWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this fonn, the 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 Government, 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 learns 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, primary
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 the 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 CPR 9, subpart 9.4,
suspended, debarred, ineligible. or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, 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 AgreementNo. LWS49 Attachment C, Page 2 on