DEP AGREEMENT NO. SP589
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DEP AGREEMENT NO. SP589
PURSUANT TO LINE ITEM 1608A OF THE 2000 - 2001 APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
(hereinafter referred to as the "Department") and the CITY OF CLEARWATER, whose address is P.O. Box 4748,
Clearwater, Florida 33758 (hereinafter referred to as "Contractor"), a governmental entity, to provide funding for the
purposes of returning environmentally impaired sites within the Clearwater Brownfields Area (CBA) to productive
economic development and community development uses. Additionally, the Contractor will augment activities
specified in existing State and Environmental Protection Agency Brownfields work plans and will provide
redevelopment, remedial action, and funding for sites in the Community Brownfields Area (CRA) including North
Greenwood and South Clearwater communities of the CBA. Funding was initially appropriated for these sites under
DEP Agreement No. SP499 (SFY 98/99) and DEP Agreement No. SP530 (SFY 99/00). Funding under this Agreement
will be used to complete ongoing community development projects in the North Greenwood and South Clearwater
neighborhoods. The Contractor has identified 217 regulatory listed sites within and immediately adjacent to the CBA.
The Contractor intends to use the appropriation to provide complete funding or matching funds for the remediation of
"market ready sites" that will directly result in economic development or community development projects. These
projects will be identified through the existing Brownfields assessment process, as well as through Brownfields
Advisory Board and Environmental Justice efforts.
In consideration of the mutual benefits to be derived here from, the Department and the Contractor do hereby
agree as follows:
1. The Contractor does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A (Scope of Work), and all attachments and exhibits named herein which are attached
hereto and incorporated by reference.
2. This Agreement shall begin upon execution by both parties and end no later than December 31, 2001,
inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for
reimbursement for services rendered prior to the execution date of this Agreement. This Agreement may be
amended to provide for additional services if additional funding is made available by the Legislature.
3. As consideration for the services rendered by the Contractor under the terms of this Agreement, the
Department shall pay the Contractor on a cost reimbursement basis in an amount not to exceed $500,000. The
Contractor shall be reimbursed on a cost reimbursement basis in accordance with the Comptroller Contract
Payment Requirements, attached hereto and made a part hereof as Attachment B. All bills for amounts due
under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All
requests for reimbursement of travel expenses shall be submitted in accordance with Section 112.061, Florida
Statutes.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
5. The Contractor shall submit quarterly invoices in conjunction with quarterly progress reports describing the
work performed, problems encountered, problem resolution, schedule updates and proposed work for the next
reporting period. If advance payment is authorized, the Contractor shall report (and document as required by
Attachment B) the amount of funds expended during the reporting period, the Agreement expenditures to date,
interest earned during the quarter and clearly indicate the method for repayment of the interest to the
Department (see paragraph 18). Quarterly reports shall be submitted to the Department's Project Manager no
later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June
30, September 30 and December 31.
DEP Agreement No. SP589, Page 1 of 5
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6, Pursuant to Section 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working
days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must
submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and
the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the
latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements
do not start until a proper and correct invoice has been received. Invoices which have to be returned to a
Contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established
within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing
problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be
contacted at 850/410-9724 or 1-800-848-3792.
7. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor, interest at a rate
as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an
invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and
approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor
requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, for each
calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the
Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the
Department's Contracts Section at 850/922-5942.
8. 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.
9. The Department may terminate this Agreement at any time in the event of the failure of the Contractor to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty
(30) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to
consult with the Department regarding the reason(s) for termination.
10. This Agreement may be unilaterally canceled by the Department for refusal by the Contractor to allow public
access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Contractor in conjunction with this Agreement.
11. The Contractor 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 three years following Agreement completion. In the event any work
is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such
records for audit purposes.
12. In addition to the provisions contained in paragraph 11 above, the Contractor shall comply with the applicable
provisions contained in Attachment C. A revised copy of Attachment C, Exhibit-I, must be provided to the
Contractor with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall
summarize the funding sources supporting the Agreement for purposes of assisting the Contractor in
complying with the requirements of Attachment C. If the Contractor fails to receive a revised copy of
Attachment C, Exhibit-I, the Contractor shall notify the Department's Contracts Administrator at 850/922-
5942 to request a copy of the updated information.
13. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior
written consent of the Department's Project Manager. The Contractor agrees to be responsible for the
fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed by the
Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred
under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract.
DEPAgreement No, SPS89, Page 2 of 5
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14. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not perform work as a Contractor, 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 Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being
placed on the convicted vendor list.
15. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Contractor acknowledges that this requirement includes
compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
16. The Department's Project Manager for this Agreement is identified below.
Roger B. Register
Brownfields Liaison
Bureau of Waste Cleanup
2600 Blair Stone Road, MS 4505
Tallahassee, Florida 32399-2400
Phone: (850) 413-0062
Fax: (850) 922-4368
17. The Contractor's Project Manager for this Agreement is identified below.
Miles Ballogg
Brownfields Coordinator
Economic Development Team
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
Phone: (727) 562-4023
Fax: (727) 562-4037
18. In accordance with Section 2l6.l8l(16)(b), Florida Statutes the Department, upon written request from the
Contractor and written approval from the Comptroller, may provide an advance to the Contractor. The
Contractor may temporarily invest the advanced funds, provided that any interest income shall either be
returned to the Department, within thirty (30) days of each calendar quarter or be applied against the
Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the
Department within the time frame identified above or invoices must be received within the same timeframe that
shows the offset of the interest earned.
Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to
the Department, shall be returned to the Department within sixty (60) days of Agreement completion.
The parties hereto acknowledge that the State Comptroller may identify additional requirements which must be
met in order for advance payment to be authorized. If additional requirements are imposed by the State
Comptroller, the Contractor shall be notified, in writing, by the Department's Project Manager regarding the
additional requirements. Prior to releasing any advanced funds, the Contractor shall be required to provide a
written acknowledgement to the Department's Project Manager of the Contractor's acceptance of the terms
imposed by the State Comptroller for release of the funds.
19. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work
of this project and, in case any work is subcontracted, the Contractor 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 Contractor. 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 Workers' Compensation statutes, the Contractor
DEP Agreement No. SP589, Page 3 of 5
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shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of his employees not otherwise protected.
20. The Contractor, 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 Agreement.
21. The Contractor covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
22. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the tenns of this
Agreement.
23. The Department may at any time, by written order designated to be a change order, make any change in the
work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance,
requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in
writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require
formal amendment to this Agreement.
24. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to
writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SP589, Page 4 of 5
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF CLEARWATER
By, ~ 1.4-.:-)--
Brian J. Aungst ~
Mayor-Commissioner
Byfl'~-:n:
William B. Home, II
Interim City Manager
Approved as to form:
Attest:
~c~
n C. Hayman .
ssistant CIty Attorney
FEID No. 59-6000239
Remittance Address:
P.O. Box 4748
Clearwater, Florida 33758
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
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Secretary or e gnee
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Project Man e
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Approved as to form and legality:
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~ Attorney
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number
Description (include number of pages)
Attachment
Attachment
Attachment
A
B
C
Scope of Work (4 Pages)
Comptroller Contract Payment Requirements (1 Page)
Special Audit Requirements (5 Pages)
DEP Agreement No. SP589, Page 5 of 5
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ATTACHMENT A
SCOPE OF WORK
City of Clearwater
State of Florida Grant Assistance
Pursuant to Line Item 16088 of the Fiscal Year 2000 - 2001
Appropriations Act
City of Clearwater (Population: 100,265)
Pinellas County (Population: 864,433)
State of Florida
Project Manager:
Miles G, Ballogg
Clearwater Brownfields Coordinator
City of Clearwater - Economic Development Team
P.O, Box 4748
112 South Osceola Avenue
Clearwater, Florida 33758-4748
TEL: (727) 562-4023 I FAX: (727) 562-4075
Submitted: September 2000
Project Period: Execution of Agreement - December 1, 2001
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ATTACHMENT "A"
SCOPE OF WORK
ASSESSMENT IREMEDIATION OF ORPHANED AND ABANDONED
SITES
CLEARWATER BROWNFIELDS AREA
Pursuant to Line Item 16088 of the Fiscal Year 2000 - 2001
Appropriations Act
PURPOSE
This document will describe the intended uses of funding provided through Line Item
1608B of the 2000 - 2001 Appropriations Act for the purposes of Brownfields
redevelopment in the Clearwater Brownfields Area (CBA) as designated in the City of
Clearwater's Resolution 97-57. This scope of work is required by the attached Florida
Department of Environmental Protection Agreement.
INTRODUCTION AND GENERAL PROJECT DESCRIPTION
As a result of the 2000 - 2001 State Appropriations Act the City is eligible for $500,000
of State funding to develop and redevelop commercial and orphaned and abandoned
sites within the Clearwater Brownfields Area (CBA). The remediation of these sites will
augment the activities specified in existing State and EPA Brownfields work plans and
will provide much needed redevelopment and remedial and funding for sites in the
Community Redevelopment Area (CRA) and the North Greenwood and South
Clearwater communities of the Clearwater Brownfields Area.
The primary focus of the funding will transform underutilized commercial and orphaned
and abandoned environmentally impaired sites within the CBA to productive economic
development or community development uses. The funding provided under this
agreement would provide services necessary to remove environmental impediments at
these sites. Further, activities funded through this appropriation will serve as a catalyst
to economic and community development activities in the area. The remediation and
redevelopment of these contaminated and blighted sites aid in the implementation of
environmental justice within the CBA.
SPECIFIC USES
The funding provided under this agreement may be utilized to perform the following
activities on commercial and orphaned and abandoned sites within the CBA:
. Phase I Environmental Assessments
DEP Contract No. SP589, Attachment A, Page 1 of 4
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. Phase II Environmental Assessments
. Payment of Liens Imposed on Brownfields Properties
. Site preparation - bringing properties to acceptable environmental conditions
. Demolition of Commercial Structures, if demolition is necessary to remove or abate
contamination of groundwater or soil
. Hazardous and Non-Hazardous Waste Removal
. Site Stabilization - including grading and dust and erosion control measures, if site
stabilization is necessary to perform site rehabilitation or the result of site
rehabilitation work
. Removal of Pollutant Storage Tanks
. Performance of Pollutant Storage Tank Closure Reports
. Performance of Initial Remedial Actions
. Preparation of Site Assessment Reports
. Preparation of Remedial Action Plans
. Remedial Activities
. Legal Representation and Fees (for Environmental Issues)
. Providing Brownfields redevelopment economic incentives as per Chapter 376.84,
Florida Statues
. All Other Activities Required to remove Environmental impediments to
redevelopment including but not limited to negotiating Brownfield Site Rehabilitation
Agreements and Risk Based Corrective Action Remedies
This list is not to be considered all-inclusive of the activities required for funding.
However, required activities not listed will be presented to the FDEP project manger for
approval prior to implementation.
PROPOSED PROJECT
The following is the proposed project for the use of the funding under this agreement.
This project may be substituted with other viable remediation projects within the CBA.
In the event that funding is available at the completion of the proposed project
additional projects will be sought for assessment, remediation and redevelopment
within the CBA.
Various Commercial and Orphaned and Abandoned Sites - The CBA currently has
over 220 regulatory listed sites with nearly 50% of these reporting contamination.
Additional orphaned and abandoned sites are also located within the area. These sites
include Salvage Yards, Dry Cleaning Facilities, Former Printing Press Facilities, Auto
Body! Repair Shops and numerous petroleum contaminated and solvent contaminated
sites.
The remainder of the funding from this appropriation will be utilized to assist a number
of these sites to remove environmental impediments as needed. The City will focus on
its continuing strategy of providing funding to "Market Ready Sites" that will result in
DEP Contract No. SP589, Attachment A, Page 2 of 4
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viable economic and community development projects throughout the CBA.
Additionally, in order to leverage the funds provided through this appropriation,
matching funds will be sought for commercial projects. (Management may waive
matching fund requirements if necessary).
Preliminary Estimate Costs- $500,000.00
Projected Time Line - 12 months
Reports
Quarterly progress reports will be provided to the FDEP project manager, describing
the work performed, problems encountered, problem resolution, schedule updates
and proposed work for the next reporting period. Quarterly invoices for work
accomplished will also be provided to the FDEP project manager. Updates and
modifications of the Scope of Work will be provided to FDEP for review and
comment.
Scope of Work Policy
The proposed projects described in this document may be modified as the
redevelopment of the CBA evolves. It is to be expected that this scope of work may
require modification to remain an effective document. The CBA is subject to change
in accordance with the adoption or modification of a resolution as required by
Chapter 376.80, Florida Statutes. Any modifications of this Scope of Work,
Clearwater Brownfields Area and use of State funding under this agreement will be
submitted to FDEP project manager for review and approval.
Poi nts of Contact
Miles Ballogg, Clearwater Brownfields Coordinator Project Manager for the City of
Clearwater, is the Project Administrator for this project. Any significant
conversations or comments regarding this grant funding shall be channeled through
Mr. Ballogg. All correspondence to the State from the City regarding activities
outlined in this work plan will be directed to Mr. Roger B. Register, State Brownfields
Liaison at the Florida Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. SP589, Attachment A, Page 3 of 4
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Table 1-1
Clearwater Brownfields Redevelopment Work Plan
Points of Contact
Miles G. Ballogg
Clearwater Brownfields Coordinator
Project Manager
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
TEL: (727) 562-4023
FAX: (727) 562-4073
EMAIL: mballogg@clearwater-f1.com
Roger B. Register
Brownfields Liaison
Bureau of Waste Cleanup
2600 Blair Stone Road MS 4505
Tallahassee, Florida 32399-2400
TEL: (850) 413-0062
FAX: (850) 922-4368
EMAIL: roger.register@dep.state.f1.us
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. SP589, Attachment A, Page 4 of 4
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ATTACHMENTB
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Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the State Community College system,
the agency receiving the contract or grant moneys shall charge no more than 5 percent
of the total cost of the contract or grant for overhead or indirect cost or any other cost
not required for the payment of direct costs.
DEP Agreement No. SPS89, Attachment B, Page 1 of 1
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ATTACHMENT C
SPECIAL AUDIT REQUIREMENTS
The administration of funds 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 section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, 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 Comptroller 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 defmed in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $300,000 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. EXHffiIT 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 funds 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 OMB Circular A-133, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised.
3. If the recipient expends less than $300,000 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 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 funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than
Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at htto://aspe.os.dhhs.gov/cfda.
DEP Contract No. SP589, Attachment C, Page 1 of 5
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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 awards (i,e., State fmancial assistance provided
to the recipient to carry out a State project) equal to or in excess of $300,000 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 Executive Office of the Governor and the
Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT I to this agreement indicates
State funds awarded through the Department of Environmental Protection by this agreement. In determining
the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including
State funds received from the Department of Environmental Protection, except that State awards received by
a nonstate entity for Federal program matching requirements shall be excluded from consideration.
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
reporting package as defmed by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the
Auditor General.
3. If the recipient expends less than $300,000 in State awards 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 $300,000 in State awards 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
non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than
State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should
access the website for the Governor's Office of Planning and Budget located at htto://www.eog.state.fl.us/for
assistance. In addition to the above website, the following websites may be accessed for information:
Legislature's Website htto://www.1eg,state.fl.us/, Governor's Website htto://www.flgov.com/, Department of
Banking and Finance's Website htto://www.dbf. state. fl.us/, and the Auditor General's Web site
htto:/ /www.state.fl.us/audgen.
PART ill: OTHER AUDIT REQUIREMENTS
(NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of
State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such
an event, the State agency must arrange for funding the full cost of such additional audits, This part would be used
to specify any additional audit requirements imposed by the State agency that are solely a matter of that State
agency'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).)
PART IV: REPORT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement 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:
A. The Department of Environmental Protection at each of the following addresses:
Roger Register, Brownfields Liaison
Florida Department of Environmental Protection
Bureau of Waste Cleanup
2600 Blair Stone Road, MS#4505
Tallahassee, Florida 32399-2400
DEP Contract No. SP589, Attachment C, Page 2 of 5
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Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
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 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 each of the following addresses:
Roger Register, Brownfields Liaison
Florida Department of Environmental Protection
Bureau of Waste Cleanup
2600 Blair Stone Road, MS#4505
Tallahassee, Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
3. Copies of reporting packages required by P ART II of this agreement shall be submitted by or on behalf of the
recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Roger Register, Brownfields Liaison
Florida Department of Environmental Protection
Bureau of Waste Cleanup
2600 Blair Stone Road, MS#4505
Tallahassee, Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
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DEP Contract No. SPS89, Attacbment C, Page 3 of S
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B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32302-1450
4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on
behalf of the recipient directly to the Department of Environmental Protection at each of the following
addresses:
Roger Register, Brownfields Liaison
Florida Department of Environmental Protection
Bureau of Waste Cleanup
2600 Blair Stone Road, MS#4505
Tallahassee, Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
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-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable.
6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in
accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in correspondence accompanying
the audit report.
PART V: RECORD RETENTION
I. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for
a period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection or its designee, 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, 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.
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DEP Contract No. SP589, Attachment C, Page 4 of 5
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EXHIBIT - 1
FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Funds A warded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Funds A warded to the Recipient Pursuant to this Agreement Consist of the Following Matching Funds for Federal Programs:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
___J
State Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following Funds Subject of Section 215.97, F.S.:
Catalog of
State
Financial CSF A Title State
State Program State Assistance or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Original Inland Protection Trust
Contract Fund - Line Item 1608A 2000-2001 37041 Brownsfield Remediation-Clearwater $500,000.00 108935
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Total Award I $500,000.00
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For each program identified above, the recipient shall comply with the program requirements described in the Federal Catalog of Domestic Assistance (CFDA)
rhttp://asoe.os.dhhs.gov/cfda] and/or the Florida Catalog of State Financial Assistance (CFSA) rhttp://www.eog.state.fl.us/]. 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 Contract No. SP589, Attachment C, Page 5 of 5