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2017-36
DEP AGREEMENT NO. A7066 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AGREEMENT PURSUANT TO LINE ITEM 1698A OF THE FY2016-2017 GENERAL APPROPRIATIONS ACT FOR DEVELOPMENT OF LAND FOR PUBLIC RECREATION PURPOSES THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the"Department") and the CITY OF CLERMONT, whose address is 400 12th Street, Clermont, Florida 34711 (hereinafter referred to as "Grantee"),a local governmental entity,to provide financial assistance in furtherance of an approved public outdoor recreation project known as Palatlakaha Park, Phase II, Project Number A17066 (hereinafter referred to as the "Project").Collectively,the Department and the Grantee may be referred to as"Parties"or individually as a"Party". For purposes of this Agreement,the terms"Grantee"and"Recipient"are used interchangeably. WHEREAS, the Department is authorized to administer the Florida Recreation Development Assistance Program(FRDAP),in accordance with Section 375.075,F.S.;and, WHEREAS,pursuant to Subsection 62D-5.055(5),Florida Administrative Code(F.A.C),this Project,as it appears on the Recommended Application Priority List for Fiscal Year(FY)2016-17,was approved by the Secretary of the Department,submitted to the Executive Office of the Governor and to the Florida House and Senate Appropriations Committee for funding consideration,and was awarded FRDAP funds for the development of land for public outdoor recreation purposes;and, WHEREAS, the Grantee, as a recipient of the FRDAP grant funds, administered and monitored by the Department, is responsible for complying with all federal and state laws and local rules and regulations during performance of its activities pursuant to this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein and pursuant to Section 375.075,F.S.,and Chapter 62D-5,F.A.C.,the Parties hereto agree as follows: 1. TERMS OF AGREEMENT: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, additionally described in Attachment A, Project Work Plan, including all attachments, guidelines, forms, and exhibits named herein, which are attached hereto and/or incorporated by reference. The Grantee acknowledges that receipt of this Grant does not imply nor guarantee that a federal,state or local permit will be issued for a particular activity to complete the Project. Further,the Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any Project Work Plan activity that may fall under applicable federal,state or local laws. Administrative Forms,Reimbursement Forms and guidelines referenced in this Agreement may be found at http://dep.state.fl.us/lands/Land and Recreation/Land Recreation.htm or by contacting the Department's Grant Manager. The Project site(s)shall be open at reasonable times and shall be managed in a safe and attractive manner. This Agreement is not transferable. Prior to commencement of Project,the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on Attachment B, Commencement Documentation Checklist, DRP-107, attached hereto and made a part hereof. Upon satisfactory approval by the Department, the Department will issue written"Notice to Commence"to the Grantee.Unless and until the Department issues DEP Agreement No.:A7066,Page 1 of 16 FRDAP FY16-17 the "Notice to Commence" authorizing Grantee to commence the Project, the Department shall not be obligated to pay or reimburse Grantee for fees,costs,or general expenses of any kind,which were incurred prior to the"Notice to Commence",except for eligible Pre-Agreement Expenses as more fully described in Subsection 62D-5.054(34),F.A.C. 2. PERIOD OF AGREEMENT: This Agreement shall be effective upon execution by both Parties and remain in effect for a period of three (3)years from the date of the State of Florida's("State")fiscal year in which funds are appropriated,July 1, 2016,until midnight on June 30,2019,inclusive. If Project is not completed by midnight on June 30,2019, then this Agreement shall be terminated and the Project funds shall revert to the revenue fund from which they were appropriated(paragraph 62D-5.058(7)(a),F.A.C.). The Grantee shall be entitled to reimbursement of eligible Pre-Agreement Expenses for expenses incurred on or after July 1,2016,until the effective date of full execution of this Agreement. 3. FUNDING/CONSIDERATION/INVOICING: The Grantee shall be eligible for authorized reimbursement,in whole or in part,for costs pursuant to FRDAP guidelines regarding Department-approved Pre-Agreement Expenses and,if applicable,costs associated with Retroactive Projects,through the Project completion date of this Agreement, provided that the cost(s)meet all requirements and financial reporting of the FRDAP program and, rules and regulations applicable to expenditures of state funds,hereby adopted and incorporated by reference. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$50,000.00. The Parties acknowledge and agree that this Agreement does not require a match on the part of the Grantee. It is understood that any additional funds necessary for the completion of this Project are the responsibility of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. i. A Change Order to this Agreement may be used when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories,as defined in Paragraph 3.E.,are less than ten percent (10%) of the total budget as last approved by the Department. All Change Orders are subject to the mutual agreement of both Parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount; a change in the Grantee's match requirements; a change in the expiration date of the Agreement;and/or, changes to the cumulative amount of funding transfers between approved budget categories,as defined in Paragraph 3.E.,exceeds or is expected to exceed ten percent(10%) of the total budget as last approved by the Department.All Amendments are subject to the mutual agreement of both Parties as evidenced in writing. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project Costs upon the completion, submittal and approval of each Deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment C, Payment Request Summary Form,DRP-115.To be eligible for reimbursement,costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference_guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department within sixty(60) DEP Agreement No.:A7066,Page 2 of 16 FRDAP FY16-17 calendar days following the completion date of the Agreement,to assure the availability of funds for payment. D. Project Costs,Pre-Agreement Expenses and Cost Limits: i. Project Costs shall be reimbursed as provided for pursuant to paragraph 62D-5.058(2)(a), F.A.C., and as provided herein. Project Costs,except for Pre-Agreement Expenses,shall be incurred between the effective date of the Agreement,and the Project completion date as set forth in the Project Completion Certification determined and identified herein. Costs for appraisals, appraisal review, surveys (boundary and topographic), title searches and Project signs are eligible Project Costs. If the total cost of the Project exceeds the grant amount and the required match(if applicable),Grantee must pay the excess cost. ii. Pre-Agreement Expenses,pursuant to Subsection 62D-5.054(34),F.A.C.,means expenses incurred by a Grantee for accomplishment of an eligible FRDAP project prior to full execution of a project agreement. Parties hereby acknowledge and agree, Grantee is entitled to submit for cost-reimbursement eligible Pre-Agreement Expenses, which are expenses Grantee incurred for the accomplishment of the Project prior to full execution of this Agreement. iii. Cost Limitspursuant to paragraph 62D-5.058(2)(b), F.A.C., allows for Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees,Project inspection,and other similar fees,as eligible Project Costs provided that such costs do not exceed fifteen percent(15%)of the Project cost. E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment D,Contract Payment Requirements. The Payment Request Summary Form, Attachment C, shall be accompanied by supporting documentation and other requirements as follows for each deliverable.Reimbursement shall be limited to the following budget categories: i. Salaries/Wages (Grantee Labor)—The Grantee may be reimbursed for direct salaries or multipliers(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates) for Grantee's employees,as listed on the Grantee's approved Cost Analysis to be submitted pursuant to Attachment A,Project Work Plan,Task 1. ii. Overhead/Indirect/General and Administrative Costs — All multipliers used (i.e., fringe benefits,overhead,indirect,and/or general and administrative rates)shall be supported by audit. If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. a. Fringe Benefits(Employee Benefits)—Shall be calculated at the rate up to 40% of direct salaries. b. Indirect Cost—Shall be calculated at the rate of 15%of direct cost. iii. Contractual Services (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour,and hours spent on the Project. All multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the DEP Agreement No.:A7066,Page 3 of 16 FRDAP_Fv1617 Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Nonexpendable and/or nonconsumable personal property or equipment costing$1,000 or more purchased for the purposes of completing the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapters 691-72, F.A.C., and/or 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing,on its subcontractors. For fixed-price(vendor)subcontracts,the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(i.e.,Invitation to Bid or Request for Proposals)resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified herein. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor.Upon receipt of the Department Grant Manager's approval of the fixed-price amount,the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of Paragraph 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. iv. Rental/Lease of Equipment—Reimbursement requests for the rental/lease of equipment must include copies of invoices or receipts to document charges. v. Equipment—(Capital outlay costing$1,000 or more)—Reimbursement for the Grantee's direct purchase of equipment is governed by Paragraph 23 of this Agreement. vi. Miscellaneous/Other Expenses — Direct purchases, for example materials, supplies, Grantee stock, non-excluded phone expenses, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorney's fees, civil or administrative penalties, or handling fees, such as set percent overages associated with purchasing supplies or equipment. F. In addition to the invoicing requirements contained herein,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 guidelines(including cost allocation guidelines),as appropriate.This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference guide/. DEP Agreement No.:A7066,Page 4 of 16 FRDAP FY16-17 G. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement,the Grantee,or subrecipient,shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled,the Department shall have the right to demand a refund,either in whole or in part,of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this 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 based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s)is received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs,incurred under this Agreement and reimbursed by the Department,from another source(s),the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. ANNUAL APPROPRIATION: The Department's performance and obligation to award program grants are contingent upon an annual allocation from the Recommended Application Priority List and/or appropriation by the Florida Legislature. The Department shall distribute FRDAP funds as reimbursement grants to applicants eligible pursuant to Rule 62D-5.055, F.A.C. The Parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 5. REPORTS: The Grantee shall utilize Attachment E, Project Status Report Form, DRP-109, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates and proposed work for the next reporting period. The Project Status Reports shall be submitted to the Department's Grant Manager no later than May 5, September 5 and January 5. The Department's Grant Manager shall have thirty(30)calendar days to review the required reports and deliverables submitted by the Grantee. 6. RETAINAGE: The Department shall retain ten percent(10%)of the grant until the Project has been completed and approved by the Department.Upon completion of the Project and prior to the release of the final payment the Grantee shall submit all documents described in Attachment F,Completion Documentation Checklist,DRP-111, to the Department and the Department shall approve the completion of such documentation, pursuant to FRDAP requirements and additionally set forth in paragraph 62D-5.058(7)(d), F.A.C., in order for the Grantee to receive the retained ten percent(10%). The Department may perform an on-site inspection of the Project site to ensure compliance with the Project Agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior to disbursement of final payment. DEP Agreement No.:A7066,Page 5 of 16 FRDAP FY I6-17 7. PROJECT COMPLETION CERTIFICATION: Project completion means the Project is open and available for use by the public. In order to certify completion,the Grantee shall submit to the Department Attachment G,Project Completion Certification, DRP-112.The Project must be designated complete prior to release of final reimbursement. 8. INDEMNIFICATION: 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,F.S. Further,nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 9. DEFAULT/TERMINATION/FORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect,or in the event of the failure of the Grantee 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 Grantee an opportunity to consult with the Department regarding the reason(s)for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30)calendar days'written notice.If the Department terminates the Agreement for convenience,the Department shall notify the Grantee of such termination,with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed,the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven(7)calendar days,the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the Parties agree that the delay or anticipated delay was caused,or will be caused by a force majeure,the Department may, at its discretion,extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an Amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God,strike,lockout,or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause,whether of the kind specifically enumerated herein or otherwise,that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s)or subcontractor(s)shall not constitute a force majeure event. 10. REMEDIES/FINANCIAL CONSEQUENCES: A. No payment will be made for fees,costs,general expenses of any kind and any other costs associated with Deliverables completed or incurred prior to Grantee receiving a Department issued"Notice to Commence". No payment will be made for Deliverables deemed unsatisfactory by the Department. In the event that a Deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the services needed for submittal of a satisfactory deliverable,at no additional cost to the Department,within ten(10)calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe,the Department may,in its DEP Agreement No.:A7066,Page 6 of 16 FRDAP_FY16-17 sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may,by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. i. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department.The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,the Grantee shall have ten(10)calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten(10)calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by the Agreement. B. If the Grantee fails to comply with the terms stated in this Agreement or with any provisions in Rule 62D-5.059, F.A.C., the Department shall terminate this Agreement and demand return of the program funds (including interest). Furthermore, the Department shall declare the Grantee ineligible for further participation in FRDAP until such time as compliance has been obtained. 11. RECORD KEEPING/AUDIT: A. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States Generally Accepted Accounting Principles(U.S. G.A.A.P.)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(5) 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 understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant,if any, impose this requirement,in writing,on its subcontractors. C. The Grantee agrees that if any litigation, claim, or audit commences 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. DEP Agreement No.:A7066,Page 7 of 16 FRDAP_FYI6-17 12. SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding Paragraph, the Grantee shall comply with the applicable provisions contained in Attachment H,Special Audit Requirements,attached hereto and made a part hereof. Exhibit 1 to Attachment H summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment H. A revised copy of Exhibit 1 must be provided to the Grantee for each Amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1,the Grantee shall notify the Department's Grant Manager listed in Paragraph 19 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance(federal and/or state)identified in Attachment H,Exhibit l when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance,the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following website: https://apps.fldfs.com/fsaa/ C. The Grantee should confer with its chief financial officer,audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 13. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager,except for certain fixed-price subcontracts pursuant to Paragraph 3.E. of this Agreement,which require prior approval.The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) calendar days after execution of the subcontract. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract.It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 14. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which fifty percent(50%)or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation,a state,college,county,municipality,school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: i. The contractor's maintaining an office or place of business within a particular local jurisdiction; DEP Agreement No.:A7066,Page 8 of 16 FRDAP FY16-17 ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph 14.A., above, a state college, county,municipality, school district,or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph 14.A. 15. SIGNAGE: The Grantee shall erect a permanent information sign on the Project site which credits funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. The sign shall be installed on the Project site and approved by the Department before the final Project reimbursement request is processed. 16. LOBBYING PROHIBITION: In accordance with Section 216.347,F.S.,the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Florida Legislature,the judicial branch or a state agency. Further, in accordance with Section 11.062,F.S.,no state funds,exclusive of salaries,travel expenses,and per diem, appropriated to,or otherwise available for use by,any executive,judicial,or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 17. COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 18. NOTICE: All notices and written communication between the Parties shall be sent by electronic mail, U.S. Mail, a courier delivery service,or delivered in person.Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt, other mail service delivery receipt,or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the Parties at the addresses identified under Paragraph 19. 19. CONTACTS: The Department's Grant Manager(which may also be referred to as the Department's Project Manager)at the time of execution for this Agreement is: Tamika Bass or Successor Community Assistance Consultant Florida Department of Environmental Protection Office of Operations Land and Recreation Grants Section 3900 Commonwealth Boulevard,MS#585 Tallahassee,Florida 32399-3000 Telephone No.: (850)245-2501 E-mail Address: Tamika.Bassna,dep.state.fl.us DEP Agreement No.:A7066,Page 9 of 16 FRDAP_FYI6-17 The Grantee's Grant Manager at the time of execution for this Agreement is: Mr.Terry Dykehouse or Successor City Engineer City of Clermont 400 12th Street, Clermont,FL 34711 Telephone No.: 352-394-4081 Fax No.: 352-394-4087 E-mail Address: tdykehouseAclermontfl.org In the event the Department's or the Grantee's Grant Manager changes,written notice by electronic mail with acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment pursuant to Paragraph 3.B.should include the updated Grant Manager information. 20. INSURANCE: A. Providing and maintaining adequate insurance coverage isamaterial obligation of the Grantee.This insurance must provide coverage for all claims that may arise from the performance of the work specified under this Agreement, whether such work is performed by the Grantee,any sub-grantee, or Grantee's contractors. Such insurance shall include the State of Florida and:the Department, as Additional Insureds for the entire length of the Agreement. B. Coverage may be by private insurance or self-insurance.The Grantee shall provide documentation of all required coverage to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate-of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days'written notice(with the exception of non-payment of premium,which requires a 10- calendar-day notice) to the Department's Grant Manager. If the Grantee is self-insured for any category of insurance,then the Grantee shall provide documentation that warrants and represents that it is self-insured for said 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 for.the entire length of the Agreement. C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as specified below: In addition, the Grantee shall include these requirements in any subgrant or subcontract issued for the performance of the work specified under this Agreement, unless such subgrant or subcontractor employees are covered by the protection,afforded by the Grantee. i. Workers'Compensation Insurance is required for all employees connected with the work of this Project. Any 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 Grantee shall provide proof of adequate insurance satisfactory to the Department,for the protection of its employees not otherwise protected. ii. Commercial General Liability Insurance is required, including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $300,000 each occurrence. Commercial Automobile Liability Insurance is required, for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or DEP Agreement No.:A7066,Page 10 of 16 FRDAP FY16-17 operations are by the Grantee or any of its contractors. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company- Owned Vehicles,if applicable $300,000 Hired and Non-owned Automobile Liability Coverage iv. Other Insurance may be required if any work proceeds over or adjacent to water,including but not limited to Jones Act,Longshoreman's and Harbormaster's,or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.Qov/owcp/dlhwc/Iscontac.htm)or to the parties' insurance carrier. 21. CONFLICT OF INTEREST: The Grantee 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. UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 23. EQUIPMENT: Reimbursement for direct or indirect equipment purchases costing$1,000 or more is not authorized under the terms and conditions of this Agreement. 24. QUALITY ASSURANCE REQUIREMENTS: If the Grantee's Project involves environmentally-related measurements or data generation,the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet Project objectives and to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160,F.A.C.,as may be amended from time to time, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment I,Quality Assurance Requirements for Contracts and Grants, if applicable. If the Project does not involve environmentally-related measurements or data generation,this Attachment shall not be required and shall be intentionally excluded. 25. DISCRIMINATION: A. No person,on the grounds of race,creed,color,religion,national origin,age,gender,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 Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section 287.134, F.S., 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 DEP Agreement No.:A7066,Page 11 of 16 FRDAP FY16-17 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 posts 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. 26. LAND ACQUISITION: Land Acquisition,where title to land acquired with FRDAP funds vest in a Grantee,is not authorized under the terms of this Agreement. 27. SITE DEDICATION: A. Grantee has an interest and/or right to real property, whereby FRDAP funding is appropriated to develop an approved public outdoor recreation project, as more fully described in Attachment A. Such interest and/or right is subject to use in perpetuity for the purposes described in this Agreement. Land owned by Grantee,which is developed with FRDAP funds,shall be dedicated in perpetuity as an outdoor recreational site for the use and benefit of the general public. Land under control other than by ownership of Grantee such as by lease,shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five(25)years from the Project completion date as set forth in the Project Completion Certification. The dedications must be recorded by Grantee in the official public property records. Any applicable recording fees are the sole responsibility of Grantee B. Should the Grantee's interest and/or right to the land referenced herein change,either by sale,lease, or other written legal instrument,the Grantee is required to notify the Department in writing of such change no later than ten(10)days after the change occurs,and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. 28. PHYSICAL ACCESS AND INSPECTION: Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and C. Grantee shall allow and facilitate sampling and monitoring of any substances,soils,materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 29. PUBLIC RECORDS ACCESS: A. Grantee shall comply with Florida Public Records Law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Subsection 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119,F.S.,and Article I,Section 24(a),Florida Constitution. DEP Agreement No.:A7066,Page 12 of 16 FRDAP FY 16.17 C. If Grantee meets the definition of"Contractor" found in Paragraph 119.0701(1)(a), F.S.; [i.e., an individual,partnership,corporation,or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency],then the following requirements apply: i. Pursuant to Section 119.0701,F.S.,a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request,and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time,the Grantee may be subject to penalties under Section 119.10,F.S. ii. Upon request from the Department's custodian of public records, Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. iii. Grantee shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement,Grantee shall transfer,at no cost to Department,all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement,the Grantee shall meet all applicable requirements for retaining public records.All records that are stored electronically must be provided to the Department, upon request from the Department's custodian of public records,in a format that is accessible by and compatible with the information technology systems of the Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsman@dep.state.fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 DEP Agreement No.: A7066,Page 13 of 16 FRDAP FY16-17 30. SCRUTINIZED COMPANIES: Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135,F.S., for applicable sub- agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Agreement for cause if the Grantee,its affiliates,or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 31. EXECUTION IN COUNTERPARTS: This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or".pdf'signature page were an original thereof. 32. SEVERABILITY CLAUSE: This 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 Agreement shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this 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 Agreement. Any action hereon or in connection herewith shall be brought in Leon County,Florida. 33. ENTIRE AGREEMENT: 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. DEP Agreement No.:A7066,Page 14 of 16 FRDAP FY 16-17 IN WITNESS WHEREOF,the Parties have caused this Agreement to be duly executed,the day and year last written below. CITY OF CLERMONT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: /I . By: Signat - 111"•erson Au horized to Sign Secretary or designee Narreh S6r44 f114/re ttl Print Name and Title Print Name and Title Date: I-3 1 .2017 Date: Address: Att,t.• By: re • a , 1Ara,c) filer Approved as to form and legality: omd e.AitocrovA- anif—"Pw Grantee Attorneyjpj.,� Ih/ 7,[ kS DEP Attorney FEID No.:59-6000290 For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution,statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement(web links provided,when available): Specify Letter/ Type Number Description Attachment A Project Work Plan (2 Pages) Attachment B Commencement Documentation Checklist-DRP-107 (2 pages) (http://www.dep.state.fLus/Parks/0 IRS/FORMS%2020 1 5%2OREVISED/Com men cemen t%20Check list.pdf) Attachment C Payment Request Summary Form—DRP-115 (2 Pages) (http://www.dep.state.fl.us/Parks/OIRS/FORM S%202015%2ORE V I S ED/PAYM ENT%2 OREQUEST%20SUM MARY%20FORM%ZONE W.Ddf) Attachment D Contract Payment Requirements (1 Page) Attachment E Project Status Report Form-DRP-109 (2 Pages) (http://www.den.stateRus/Parks/OIRS/FORMS%20201 5%2OREV IS ED/STATUS%20R EPORT.pdf) Attachment F Completion Documentation Checklist-DPR-111 (2 Pages) (http://www.dep.state.flu s/Parks/OIRS/FORMS%2 020 1 5%2OREV I SED/COMPLETION %20DOCUMENTATION%2OCHECKLIST%20NEW.Ddf) DEP Agreement No.:A7066,Page 15 of 16 FRDAP_FY1617 Attachment G Project.Completion Certification—DRP-112 (2 Pages) (http://ww/.dep.state.Fl:us/Parks/OIRS/FORMS%202015%20REVISED/PROJECT%20 COMPLETION%2OCERTI FICATION%2ONEW.pd f) Attachment H Special Audit Requirements15 Pages) Attachment I Attachment Intentionally Excluded DEP Agreement No.:A7066,Page 16 of 16 FRDAPRFY16-17. 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C..) ti.0:1 dq vy °c > o ° ` � a •3y Oo Q . > a,r. w [�. aZ M.. a ❑ . d °0 a. ° .xa � c ° a) y 7 ca Cu F" c• • • • ° o E s a ° D E ° • • • • 10 Co waso Q c c = ^ E ^ad o � .-, cd v, 0 0 F N 3 c4 y cC W N 12 .5 p Q.K \ \k ; § m 7 \ © c - e j k $ ƒ 'k §t ( Q. 2 2 § / 20 cuo- ow0 / \ }E : ƒ j $ § / o - � ck \ c \ / 2 c6' . \ 0 k \ 0 fig « * § 0 ci, w oo ..9 ...9 a f 00 ©. 47k / o 0.0. \ o = .0 eUc c c , @ £ 2 ® $ ' \ cn \ ƒ / \ \ 2 ) § \ / k � � k ƒ 2k \ en k m ° \ k / # e k . en 2 9 \ c 2 f c o 5 a K'§ _ v § / : 25 k ff § .2 all $ 2 Ch \ \ ) \ vs < ` 3c2 � � ` 0 / 222 / 6 � � \ 7k ( 2 < 2 0 u w x § • 2 G ( 0 / 2 z aJ ' / / 22 ) = cn , » \ / § 9 ( k/ /§ @ = 0 ..- _.- <� k \ , � ƒ �\ / . a{ om w o a � - _ 2 Q c§ 'g § ° E ° di: u cG -0wo � / / q23 -.. w ° ¥ °��a,• °°°°' ,P Florida Department of Environmental Protection ATTACHMENT D FLORIDA RECREATION DEVELOPMENT ASSISTANCE *t.,,,.,v*°`° PROGRAM CONTRACT PAYMENT REQUIREMENTS 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 the 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. Contracts between state agencies,and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services,online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm DEP Agreement No.:A7066,Attachment D,Page 1 of 1 FRDAP 16-17 ATTACHMENT.H SPECIAL AUDIT REQUIREMENTS Theadministration 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, as revised, 2 CFR Part 200, • Subpart F,and Section 215:97,F.S.,as revised(see"AUDITS"below), monitoring procedures may include,but not be limited to,on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with:any monitoring procedures/processes deemed appropriate by the Department of Environmental.Protection: In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by.the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330 (for fiscal year start dates after December 26,2014). 1. In the event that the recipient expends $500,000($750,000 for fiscal year start dates after December 26, 2014)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, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment 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, and 2 CFR Part 200, Subpart F.An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,will meet the requirements of this part. 2. In connection with theauditrequirements 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, and 2 CFR Part 200,Subpart F. • 3. If the recipient expends less than$500,000(or$750,000,,as applicable)in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133,as s revised, and 2 CFR Part 200, Subpart F,is not required. In the event that the recipient expends less than $500,000(or$750,000,as applicable)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,and 2 CFR Part 200,Subpart F 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 internetat www.cfda.gov DEP Agreement No.: A7066,Attachment H,Page 1 of 5 FRDAP 16-17- " • PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. 1. In-.the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with,Section 215.97,Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations); Rules of the Auditor General. EXHIBIT 1 to`this Attachment indicates state financial assistance awarded through the Department of Environmental.Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and d resources received-by a nonstate entity for Federal program matching requirements. - 2. In connection with the audit requirements addressed in Part F,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 financialreporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations);Rules of the Auditor General. 3. If the recipient expends'less than$750,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. - • For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at.https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislatures Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Websiteathttp://www.fldfs.com/and the Auditor General's Website at http://www:mvflorida.com/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(8),Florida Statutes, State agencies may conduct or arrange for audits ofState 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 costof 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 2 CFR Part 200,Subpart F and required by PART I of this Attachment shall be submitted,when required by Section .320 (d),OMB Circular A-133, as'revised,and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No.:A7066,Attachment H,Page 2 of 5 FRDAP 16-17 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAuditAdep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and2 CFR §200.501(a)(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133, as revised,and 2 CFR§200.501(a)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 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at httn://harvester.census.gov/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133,as revised,and 2 CFR§ 200.512. 2. Pursuant to Section .320(f),OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,the recipient shall submit a copy of the reporting package described in Section .320(c),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(a,den.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(a,dep.state.fl.us DEP Agreement No.:A7066,Attachment H,Page 3 of 5 FRDAP_16-17 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 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudita,dep.state.fl.us 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, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,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 Agreement No.: A7066,Attachment H,Page 4 of 5 FRDAP_16-17 C C C -. L iO O b b N CyN •. N w O U N }n. 0 w C. L ;EL � o UV) 2cd � 2O � 2 O .0 �' cd qU U U � 0 7 Yaa d V, d d c Q 0 E •• = '6 v E v' c„ •0 V ea C 6T.: 'a' ¢ Z N •.. 0 0. 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