PROJECT AGREEMENT - RECREATIONAL TRAILS PROGRAM FISCAL YEAR 2006 - 2007
T26004
(RTP Project Number)
T2604
(DEP Project Agreement #)
CFDA # 20.219
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
FISCAL YEAR 2006 - 2007
PROJECT AGREEMENT
This Project Agreement is entered into between the State of Florida Department of
Environmental Protection, whose address is 3900 Commonwealth Boulevard,
Tallahassee, Florida, 32399 (hereinafter referred to as "Department"), and the City of
Clearwater, Florida, whose address is 100 South Myrtle Avenue, Clearwater, Florida
33756 (hereinafter referred to as "Grantee" or "Recipient"), in furtherance of a recreational
trail project, East West Trail Renovation to be described herein. The execution date of
this Agreement is --'1 Cl.-YlWl..' ~ ~) ;ll)oL
WHEREAS, the Department receives funds for the purpose of passing through the
agency as grants to other entities in accordance with Section 260.016, Florida Statutes;
and,
WHEREAS, the Department receives funds from the Federal Highway
Administration to fund such grants; and,
WHEREAS, the Grantee has proposed and the Department has approved a
recreational trail project.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Department and Grantee hereby agree as follows: .
1 . This Project Agreement shall be effective upon execution of this Project Agreement
and end no later than Qa.'V\\&Q.t"~ 6. WoC\ , inclusive. The Project
Agreement shall be performed putsuant to Chapter 62S-2, F.A.C.; the National
Recreational Trails Fund Act of 1991, 23 U.S.C.A. 206, as amended (hereinafter
referred to as "Program"); and in accordance with general provisions for such
agreements prescribed by the United States Department of Transportation, Federal
Highway Administration (hereinafter referred to as "FHWA") in the FHWA Interim
Guidance (hereinafter referred to as "Guidance"); the Florida Department of
Transportation's Project Development & Environment Manual, (hereinafter referred
to as the "FDOT PD&E Manual"). The Grantee shall comply with all applicable
state and federal laws and regulations, including the National Environmental Policy
Act, the implementing regulations contained in the Code of Federal Regulations,
specifically 23 CFR Part 771, and the Federal-Aid Policy Guide referred to in the
Guidance. The Grantee agrees to become familiar with and comply with all
provisions of Chapter 62S-2, F.A.C., the Guidance which are utilized to comply with
DEP Project Agreement No. T2604, Page 1 of 12
many of the aforementioned rules and regulations. Chapter 62S-2, the Guidance
are incorporated into this Project Agreement by reference as if fully set forth herein.
In the event a dispute arises between the parties concerning the intent of any
language contained in this Project Agreement, the same shall be resolved by the
adoption of that meaning which furthers the intent and purpose of the above
referenced Acts of Congress and the general provisions governing this Project
Agreement. No such construction shall be contrary to the requirements of the Acts
of Congress or of the regulations of the FHW A.
2. By acceptance of the Program grant, the Grantee agrees to comply with the
requirements of Title VI of the Civil Rights Act of 1964; the Architectural Barriers Act
of 1968; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act
of 1975; the Drug-Free Workplace Act of 1988; the Americans With Disabilities Act
of 1990; 31 U.S.C. 1352, regarding limitations on use of appropriated funds to
lobby or otherwise influence federal contracting and financial transactions;
Executive Order 12549, regarding federal debarment and suspension of
contractors; Section 8136 of the Department of Defense Appropriations Act, which
requires inclusion of the federal funding amount and the percentage of the total
project that amount represents in all public notices and documents describing the
Project; and, Section 623 of the Treasury, Postal Service and General Government
Appropriations Act of 1990, regarding public notice of federal funding in solicitations
for goods and services for projects with an aggregate value of $500,000.00 or
more. It is the intention of the parties hereto that none of the provisions of Section
163.01, Florida Statutes, shall apply to this Project Agreement.
3. The Department has found that diverse use non-motorized recreational trail is the
primary purpose of the Project known as East West Trail Renovation, RTP Project
Number T26004, (hereinafter referred to as "Project"), and enters into this Project
Agreement with the Grantee for development of recreational trail facilities and
improvements on real property controlled by the Grantee through ownership or
other interest. The legal description and approved method of site control of said
real property are set forth in full in the Project Application. The Approved Project
Application, which includes the Conceptual Site Development Plan (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
Conceptual Site Development Plan 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.
4. Prior to commencement of the Project, the Grantee shall submit for Department
approval the documentation described in the FOOT PD&E Manual, as provided in
the PD&E Data Survey. The Project may not commence until completion of the
Project Development & Environment Process, an environmental determination is
made by FHW A, and the determination is accepted by the Department and
approved by FHW A.
DEP Project Agreement No. T2604, Page 2 of 12
5. The Grantee shall construct, or cause the construction of, specified recreational trail
facilities and improvements, (hereinafter referred to as "Project Elements"), upon
the real property identified in Paragraph 3, above. The following shall be considered
the Project Elements, which may be modified by the Department upon a showing of
good cause and the spirit and intent of the project is maintained: renovation of
multiple use trail, restrooms and related support facilities.
6. The Project Elements identified in Paragraph 5 above shall be designed and
constructed substantially in accordance with the conceptual site development plan
contained in the Project Application. Project Elements shall be attractive for public
use, and generally consistent and compatible with the environment. Plans and
specifications for Project Elements shall be in accord with current and established
engineering and architectural practices. Emphasis should be given to the health
and safety of users, accessibility to the general public, and the protection of the
recreation and natural values of the area. Any and all utility lines installed within the
Project shall be placed underground. The Grantee shall have the project site plan
(site engineering and architectural) prepared by an architect or engineer licensed by
the Florida.
7. The Grantee shall complete all Project construction by the construction completion
date, -.Clt1)\\All.'f~ 5. ~~.
8. Within sixty (60) days of completion of the Project and prior to release of the final
payment, the Grantee shall submit for Department staff approval the documentation
described in Chapter 625-2, F .A.C.
9. Execution of this Project Agreement does not relieve the Grantee of the
responsibility to comply with all applicable federal, state, county, or municipal laws,
ordinances or rules; nor is the Grantee relieved of the responsibility to obtain any
permits, management agreements, leases or other authorization required by the
Department or any federal, state, county or municipal agency for acquisition or
development of the Project site.
10. A.
The Department shall pay the Grantee on a reimbursement basis the eligible
grant amount not to exceed $200,000, which will pay the federal Program's
share of the cost of the Project. Program fund limits are based upon the
following:
Total Grantee Amount
Grantee Match Amount
Total Project Cost
Type of Match
$200,000
$ 200.000
$400,000
Cash and/or In-Kind Services
(paid by the Department)
(paid by the Grantee)
B. The Grantee must provide from its accounting system, a list of expenditures
charged against this Project Agreement. The listing shall include, at a
minimum, a description of the goods or services purchased, date of the
DEP Project Agreement No. T2604, Page 3 of 12
transaction, voucher number, amount paid and vendor name. Allowable
costs will be determined in accordance with the cost principles applicable to
the organization incurring the costs. The Grantee must also adhere to the
Department's Grant Accountability Procedures (reviewed and approved by
the Federal Highway Administration), which are incorporated by reference,
and were included in the Commencement Documentation. For purposes of
this Project Agreement, the following Federal cost principles are incorporated
by reference.
Organization Type Applicable Cost Principles
State, local or Indian tribal OMS Circular A-8?
government.
Private non-profit organization OMS Circular A-122
other than an (1 ) institution of
higher education, (2) hospital, or
(3) organization named in OMS
Circular A-122 as not subject to
that circular.
Education Institutions OMS Circular A-21
For-profit organization other than a 48 CFR Part 31, Contract Cost
hospital and an organization Principles and Procedures, or
named in OMS A-122 as not uniform cost accounting
subject to that circular. standards that comply with cost
principles acceptable to the
federal aqencv.
C. No travel is authorized under this Project Agreement.
D. Program funds shall be released by the Department, upon the request of the
Grantee's duly authorized Grant Manager and upon compliance with this
Project Agreement, as set forth herein. 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 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 State Comptroller's Voucher Processing Handbook at
(<htto:/Iwww.dbf.state.f1.us/aadir/mainindex.html>) and allowable costs for Federal
Programs can be found under 48 CFR Part 31 at
DEP Project Agreement No. T2604, Page 4 of 12
(htto:/Iwww.access.aoo.aov/nara/cfr/cfr-table-search.html) and OMS Circulars A-8?, A.,.
122, A-21, at (<htto://www.whitehouse.aov/omb/circulars/index.html#numerical>.)
D. The Department's Grant Manager shall, within sixty (60) days after receipt of
a complete payment request, review the submitted documentation and
Project work accomplished to date, and, if complete pursuant to
requirements of this Project Agreement, approve the request for payment.
E. The Department shall retain 10% of the Total Grantee Amount as the final
payment until completion and approval of the Project.
11. The Department and the Grantee fully understand and agree that there shall be no
reimbursement of funds by the Department for any obligation or expenditure made
prior to the execution of this Project Agreement with the exception of $30,000 for
planning, permitting, design performed on or after July 12, 2006. Note: This is for
pre-agreement costs that must be formally requested by the Grantee and approved
by the Department. The Department is allowed by the Federal Highway
Administration to make this decision.
12. The Grantee shall adhere to the Office of Greenways & Trails' Grant Accountability
Procedures (hereinafter referred to as "Accountability Procedures") and Guidance,
incorporated into this Project Agreement by reference as if fully set forth herein.
The Accountability Procedures establish uniform guidelines and procedures to be
utilized by the Department and the Grantee in accounting for grant funds disbursed
under the Program and sets forth principles for determining eligible costs,
supporting documentation and minimum reporting requirements. Expenses,
representing the grant amount and the required match, shall be reported to the
Department and summarized on certification forms referenced in Chapter 62S-2,
F.A.C. 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.
13. In addition to the provisions contained in paragraph 12 above, the Grantee shall
comply with the applicable provisions contained in Attachment A. 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 as designated in this Project
Agreement to request a copy of the updated information.
DEP Project Agreement No. T2604, Page 5 of 12
14. A.
The Department may terminate this Project Agreement at any time in the
event of the failure of the Grantee to fulfill any of its obligations under this
Project Agreement. Prior to termination, the Department shall provide thirty
(30) calendar days written notice of its intent to terminate and shall provide
the Grantee an opportunity to consult with the Department regarding the
reason(s) for termination.
B. The Department may terminate this Project Agreement for convenience by
providing the Grantee with thirty (30) calendar days written notice.
C. The parties hereto may agree to terminate this Project Agreement for
convenience as evidenced by written amendment of this Project Agreement.
The amendment shall establish the effective date of the termination and the
procedures for proper closeout of the Project Agreement.
D. 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 make 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.
15. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws. Following completion of
Project construction, the Grantee's Grant Manager shall provide the Department
with a statement that all purchases or contracts for construction were competitively
bid pursuant to applicable laws.
16. 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 Standard Form-LLL, "Disclosure of Lobbying Activities" (provided in
Federal Documents Packet), 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. [49
CFR 20].
17. A.
In accordance with Executive Order 12549, Debarment and Suspension (49
CFR 29), 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
DEP Project Agreement No. T2604, Page 6 of 12
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 Federal Highway Administration
to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a !!QQY of the form entitled "Certification Regarding
Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Federally Funded Transactions", received as part of the Project
Development and Environment (PD&E) Materials.
C. As required by paragraphs A and B above, the Grantee shall include the
language of this section in all subcontracts or lower tier agreements
executed to support the Grantee's work under this Agreement. The Grantee
shall also provide a copy of the most current Debarment and Suspension
Form to any subcontractors for signature on Agreements that are entered
into for $100,000 or more.
18. The Department and FHW A shall have the right, through their agents, servants,
and employees designated for that purpose, to inspect the site of the Project and
the Project Elements thereon at any reasonable time.
19. Following receipt of an audit report identifying any refund due to the Department for
noncompliance by the Grantee with the Project Agreement, the Grantee will be
allowed sixty (60) days to submit additional pertinent documentation to offset any
amount identified as being due to the Department. The Department, following a
review of the documentation submitted by the Grantee, will inform the Grantee of
the total refund due to the Department.
20. The Department shall have the right to demand a refund, either in whole or in part,
of the funds provided to the Grantee for noncompliance with the terms of this
Project Agreement.
21. If the United States acting within the scope of its lawful authority, through the
FHW A, the Secretary of the FHW A, or any other branch of the government of the
United States, 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
refund and will forthwith repay directly to the Department the amount of money
demanded.
22. Alexandra H. Weiss, Community Assistance Consultant, or her successor, is
hereby designated as the Department's Grant Manager for the purpose of this
Project Agreement. The Grant Manager shall be responsible for ensuring
performance of the terms and conditions of the Project Agreement and shall
approve all reimbursement requests prior to payment. The Grantee's Grant
DEP Project Agreement No. T2604, Page 7 of 12
Manager, Felicia Leonard, or his/her successor, shall act on behalf of the Grantee
relative to provisions of this Project Agreement and shall submit to the Department
signed quarterly Project status reports, on a calendar basis, summarizing work
accomplished, problems encountered, percentage of completion and other
pertinent information. Photographs shall be submitted with status reports to reflect
construction work accomplished.
23. By acceptance of the provisions of this Project Agreement, the Grantee agrees to
dedicate the Project site and all land within the Project boundaries, identified in
Paragraph 3 above, to the public as a recreational trail in accordance with section
62S-2.076, F.A.C. The Parties further agree that the 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.
24. The Grantee agrees to operate and maintain the Project Site in accordance with
section 62S-2.076, F.A.C. The Project Site and Project Elements shall be open to
the general public for recreational trail 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 the Project
Elements 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 5
herein.
25. The Grantee shall not, for any reason, convert all or any portion of the Project
boundary area for any purpose other than a recreational trail without prior approval
of the Department and FHWA pursuant to the Chapter 62S-2, F.A.C.
26. A.
No person, on the grounds of race, creed, color, national origin, age, sex, 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.
DEP Project Agreement No. T2604, Page 8 of 12
28. Each party hereto agrees that it shall be solely responsible for the negligent or
wrongful acts of its employees and agents. However, nothing contained herein
shall constitute a waiver by either party of its sovereign immunity or the provisions
of Section 768.28, Florida Statutes.
29. The Grantee warrants and represents that it is self-funded for liability insurance,
appropriate and allowable under Florida law, and that such self-insurance offers
protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee.
30. A.
If for any reason the Grantee should fail to fulfill in a timely manner the
obligations under this Project Agreement, or if the Grantee should violate any
of the terms or conditions of this Project Agreement, the Department shall
thereafter have the right to terminate this Project Agreement without prior
notice. In the event the Department terminates this Project Agreement, the
Department is not required to compensate the Grantee for any expenses
incurred after such termination.
B. The Department shall terminate the Project Agreement if the
Commencement Documentation is not received and approved by the
Department within twelve months of the Project Agreement's execution. This
time period may be extended by the Department for good cause, such as
natural disaster.
31. Asphalt paving for the Project shall conform to the FOOT'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.
32. The Grantee agrees to adhere to all State and Federal special terms and conditions
incorporated by reference as part of this Project Agreement as if fully set forth
herein.
33. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of the State 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 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 otherwise required by state law.
34. All notices related to this Project Agreement will be satisfied by sending notice by
certified U.S. mail to the following addresses of the parties:
DEP Project Agreement No. T2604, Page 9 of 12
Department Grant Manager:
Alexandra H. Weiss, Community Assistance Consultant
Office of Greenways & Trails
Department of Environmental Protection
3900 Commonwealth Boulevard, M.S. 795
Tallahassee, Florida 32399-3000
Grantee's Grant Manager:
Felicia Leonard, Administrative Support Manager
City of Clearwater
100 South Myrtle Avenue
Clearwater, Florida 33756
35. The Grantee acknowledges prior receipt of the following documents. It is
understood that paragraphs A, B, and C include documents that must be filled out
by the Grantee and returned to the Department.
A. Federal Award Letter approving project application as submitted by the by
the Department.
A. Project Development and Environment (PD&E) Materials - includes PD&E
Data Sheet and Federal documents (survey, boundary map, Federal Form
424 - Budget Information, Drug-Free Workplace Certification, Civil Rights
Assurance of Compliance, Certification Regarding Lobbying, Debarment and
Suspension Form, Federal Congressional District of Applicant and Project
Site, FHW A Guidance, PD&E Data Survey.
B. Commencement Packet - includes Boundary Map with legal description, Site
Plan (signed and sealed), List of Facilities to be Constructed (signed and
dated), Pre-Construction Certification (signed and dated), Grant Project
PD&E Data Sheet (with back-up documentation).
C. Program Completion Packet - includes Project Completion Certification, As-
Built Site Plan (1 copy), List of Constructed Facilities and Improvements,
Color Photographs or Slides of the Project and Identification Sign,
Certification of Filing of Notice of Limitation of Use, Final Payment Request,
Certification of FHW A Guidance.
D. Recreational Trails Program Project Status Report (to be completed
quarterly).
F. Grant Accountability Procedures.
36. 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
DEP Project Agreement No. T2604, Page 10 of 12
signed by each of the parties hereto, and attached to the original of this Project
Agreement, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Project Agreement No. T2604, Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed the day and year last written below.
FLORIDA DEPARTMENT
ON NT AL PROTECTION
LEARWATER, FLORIDA
~
By:
Dir c r or designee, Office of
Gr ways & Trails, or designee
By:
Date:
'1)( 0 7
Print/Type Name: William B. Horne II
Title: City Manag~r
~~0JJ~
DE Grant anager
Date:
Approved as to form and sufficiency:
Address:
100 South Myrtle Avenue
Clearwater, Florida 33756
coz:;, ~
~k v. Hibbard', Mayor
Approved as to form a".8l!1K"MePl~:
Grantee Attorney (if req Ired)
Laura Lipowski, A~8i.stant Cit:y Attorney
ATTEST :'- .
Specify
Type
Letter/
Number Description (include number of pages)
.
Cjti . a E. Goudeau,
List of attachments/exhibits included as part of this Agreement:
Attachment
-A- Special Audit Reauirements (5 Paqes)
DEP Project Agreement No. T2604, Page 12 of 12
ATTACHMENT 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-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 defmed 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:FEDERALL Y FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. 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 Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions 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 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 ($500,000 for fiscal years ending after 12/31/03) in Federal awards in
its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit
must be paid from recipient resources obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://l2.46.245.173/cfda/cfda.html.
DEP 55-215 (09/04)
DEP Agreement No. T2604, Attachment A, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the
Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. EXHffilT 1 to this Agreement indicates State fmancial
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 fmancial 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
ofa financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
in State financial assistance in its fiscal year 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 httn://state.fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget website located at
http://www.myflorida.comlmyflorida/govemmentlcontacts/oDbOffice.html for assistance. In addition to
the above websites, the following websites may be accessed for information: Legislature's Website
http://www.1eg.state.fl.us/, Governor's Website http://www.myflorida.coml, Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange 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-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 (09/04)
DEP Agreement No. T2604, 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
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(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
1201 East lOth 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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of fmancial reporting packages required by P ART 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
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (09/04)
DEP Agreement No. T2604, Attachment A, Page 3 of 5
.'
. .
4. Copies ofreports or management letters required by PART III oftbis Attacmnent 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
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
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-B3, 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-B3, 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 (09/04)
DEP Agreement No. T2604, Attachment A, Page 4 of 5
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