LAND AND WATER CONSERVATION FUND PROGRAM FFY 2002-2003 - DEP # LW473
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12-00473
(LWCF Project Number)
LW473
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2002-2003
PROJECT AGREEMENT - ACQUISITION
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 CITY OF CLEARWATER, whose address is 100 S. Mvrtle
Avenue, Clearwater, FL, 33761 (hereinafter called the "Grantee"), a local government,
in furtherance of the Park Lake Motel Purchase 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 354, 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 one year from the date of execution, inclusive.
The Project Agreement shall be performed in accordance with Chapter 620-5,
Part VII, Florida Administrative Code, (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 Act), and in accordance with general
provisions for sLlch 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). The Manual refers to the federal code of
regulations (CFRs) applicable to this 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.
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CFR Cite
36 CFR 59
Title
Land and Water Conservation Fund Program Assistance to States; Post-
Completion Compliance ResDonsibilities
Coordination With the National Environmental Policv Act
Administrative and Audit Requirements and Cost Principles for Assistance
Proarams
Nondiscrimination in Federally Assisted Programs of the Department of
Interior
36 CFR 800.8
43 CFR 12
43 CFR 17
The Grantee agrees to become familiar with all provisions and comply with the
Rule, effective July 15, 2001, and Manual, 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 above referenced Act and the general
provisions governing this Project Agreement as set forth in the Manual. No
construction shall be contrary to the requirements of the Acts 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 Park Lake Motel Purchase (Land and Water
Conservation Fund, LWCF Project Number 12-00473), hereinafter called the
Project, and enters into this Project Agreement with the Grantee for the
acquisition of that real property, the legal description of which shall be submitted
to the Department as described in the 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. 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 Agreement.
3. Within three (3) years from the completion date set forth in the Project completion
certificate, unless extended by the Department for good cause at the written
request of the Grantee, the Grantee will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements in accordance with
the following elements: Bicycle path trail head, public outdoor art display
area and parking 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 pub)ic use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements 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,
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
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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
Grantee Match Amount
Total Project Cost
$200,000.00
$200,000.00
$400,000.00
Type of Match (Cash and/or Donations)
S. 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 Agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 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 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 (March, 2003) at www.dbf.stateJl.us/aadir/reference quide 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 OMS Circulars A-87, A-
122, A-21 , at htto://www.whitehouse.qov/omb/circulars/index.html#numerical.
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
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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.
~. If the Grantee has been granted a waiver of retroactivity (as defined in s. 62D-
5.069(47), F.A.C.) and all applicable Manual requirements have been satisfied,
the full Project amount may be reimbursed upon completion of the Project if such
costs are identified in paragraph 10 herein as eligible costs incurred prior to
execution of this Project Agreement.
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)(a) 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:
Descri tion of Work Performed
Waiver of Retroactivity granted September 19,
2002
Amount A roved
$400,000.00
Total Prea reement Costs A roved: $400,000.00
11. A.
Prior to commencement of Project acquisition, 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.
B. Upon execution of this Project Agreement, the Grantee acknowledges the
prior receipt of the LWCF Grants-in-Aid Manual, the Division of Recreation
and Parks' Grant and Contract Accountability Procedures, and the
required project commencement documents listed below that must be
completed by the Grantee, if applicable, and returned to the Department
within sixty (60) days following the execution date of this Project
Agreement.
C. Required Project Commencement Documentation for Acquisition
Agreements:
1. Grantee Documentation of Condemnation (if applicable)
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3. Relocation Plan for Displaced Residents (PL91-646, if applicable)
4. Mean or Ordinary High Water Survey (if applicable)
5. Appraisal (2 copies)
6. Boundary Survey
7. Title Search
8. Certification of Manual Possession
12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of this Project 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 acquisition by the completion date
established in paragraph 1, above.
14. A.
The Grantee shall maintain books, records and documents directly
pertinent to performance under this 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
Agreement and for five years following 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 real property and equipment acquired with federal funds shall
be retained for five years following final disposition.
15. In addition to the provisions contained in Paragraph 14 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements, attached hereto and made a part hereof. A revised copy of
Attachment A, Exhibit-1, must be provided to the Grantee with each amendment
which authorizes a funding increase or decrease. The revised Exhibit-1 shall
summarize the funding sources supporting the Project Agreement for purposes
of assisting the Grantee in complying with the requirements of Attachment A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at 850/488-7896 to request
a copy of the updated information.
16. 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
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by the Grantee, will inform the Grantee of any reimbursement due the
Department.
17. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department. The Department shall have no liability except as
specifically provided in this Project Agreement.
18. To the extent required by law, the Grantee will be self-insured against, or will
secure and maintain during the life of this 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 latter'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 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.
19. The Department's Grant Manager for the purpose of this Project Agreement 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, 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 (also known as Grantee's Grant Manager), 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. Any and all notices
shall be deemed effective and sufficient if sent via U.S. mail, facsimile (fax), or by
hand-delivery to the parties at the following addresses:
Grantee's Liaison Agent
Name: Mr. Art Kader, Assistant Director
Entity: City of Clearwater
Address: 100 S. Myrtle Avenue
City, State, Zip: Clearwater, FL 33761
Phone: 727/562-4824
Sun Com Phone:
Fax: 727/562-4825
SunCom Fax:
Email: akader@clearwater-fl.com
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Department's Grant Manager
Name: Collier Clark
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850)488-7896
SunComPhone: 278-7896
Fax: (850)488-3665
SunCom Fax: 278-3665
Email: collier.clark@dep.stateJl.us
20. 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.
21. The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
22. This 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 Agreement,
unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
23. 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.
24. 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.
25. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in acquiring and developing this Project. The Grantee
acknowledges that this requirement includes compliance with all federal, state
and local health and safety rules and regulations including all applicable building
codes. The Grantee further agrees to ensure that the Grantee will include the
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requirements of this paragraph in all subcontracts made to perform this Project
Agreement.
26. 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.
27. 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.
28. 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. All dedications must be promptly recorded in the county's
official public records by the Grantee.
29. 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 (if any), 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.
30. 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 and the
Manual and s. 62D-5.074(3) of the Rule.
31. Failure to comply with the provisions of the Rule or the terms and conditions of
this 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.
32. 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
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Agreement and this Project Agreement shall control over the Project Application
documents.
33. 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.
34. 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 Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
35. 'A.
36. A.
The Grantee certifies that no Federal appropriated funds have been paid
or will be paid, on or after December 22, 1989, 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, Standard Form-LLL, "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 Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state agency.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Project Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
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directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
37. 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.
38. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not perform work as a grantee, contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in 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.
39. 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 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.
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
Agreement.
40. 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.
41. 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
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construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
42. 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.
43. 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.
44. The parties hereto acknowledge and agree that provisions contained in
paragraphs 3, 4, 14, 21, 27, 28, 29, and 30 shall survive the end date of this
Agreement established in paragraph 1.
45. 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 Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
\
By:
CITY OF CLEARWATER
(See attached signature page)
By:
Printed Name
Date:
Title
Date:
FEID No.:
Address:
Bureau of Design and Recreation
Services (MS 585)
Division of Recreation and Parks
3900 Commonwealth Boulevard
Talla~s.s~e, FfIor}da 32399-3000
lJ!CUv~
DEP Grant Manager
Address:
Grantee's Attorney
Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on
12/08/2003.
Attachments:
Attachment A - Special Audit Requirements (5 pages)
Attachment B - Disclosure of Lobbying Activities (2 pages)
Attachment C - Certification Regarding Debarment/Suspension (2 pages)
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CITY OF CLEARWATER, FLORIDA
By: tf).g...:B. ~-:a:
William B. Horne II
City Manager
Approved as to form:
Attest:
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Laura Ipowski
Assist, nt City Attorney