Exh 8EAGENDA ITEM #8E
SEPTEMBER 24, 2001
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Authorize the Mayor to sign the Project Grant Agreement
with the Florida Recreation Development Assistance
Program
SUBMITTED BY: Tm~my Johnson, Recreation D>rector
DATE: September 10, 2001
BACKGROUND: The Crty received a matchmg grant from FRDAP-Florida
Recreation Development Assistance Program m the amount
of $56,250 for the purchase of six lots located off West
Plaza Attached for the Mayor's signature is the Project
Grant Agreement, which wdl be returned to DEP for final
execution
BUDGET: None
RECOMMENDATION: Authorize the Mayor to sign the Project Grant Agreement
with the Florida Recreation Development Assistance
Program
ATTACHMENTS: Project Grant Agreement
REVIEWED BY CITY
AGENDA ITEM #8E
SEPTEMBER 24, 2001
F0095
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Acquisition
This Agreement is made and entered into this day of
200 by and between the State of Florida, DEPARTMENT
of Environmental Protection, hereinafter called the DEPARTMENT, and
the City of Atlantic Beach, hereinafter called the GRANTEE, in
furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to
section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
1. This Agreement shall be performed in accordance with section
375.075, Florida Statutes, and chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RULE.
The GRANTEE shall comply with all provisions of the RULE
effective August 23, 2000, which is incorporated into this
Agreement as if fully set forth herein. It is the intent of
the DEPARTMENT and the GRANTEE that none of the provisions
of section 163.01, Florida Statutes, shall have application
to this Agreement.
2. The DEPARTMENT has found that public outdoor recreation is
the primary purpose of the project known as Rose Park
Addition (Florida Recreation Development Assistance Program,
FRDAP Project Number F02095), hereinafter called the
PROJECT, and enters into this Agreement with the GRANTEE for
the acquisition of that real property, the legal description
Page 1 of 11
AGENDA ITEM #SE
SEPTEMBER 24, 2001
of which shall be submitted to the DEPARTMENT as described
in the Florida Recreation Development Assistance Program
Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034.
3. Within three (3) years from the completion date set forth in
the PROJECT completion certificate, unless extended by the
DEPARTMENT staff for good cause at the written request of
the GRANTEE, the GRANTEE will construct, or cause to be
constructed, certain public outdoor recreation facilities
and improvements in accordance with the following
development elements: Playground, restrooms, multi-purpose
field, picnic facilities, and other related support
facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis, to the
GRANTEE, funds not to exceed $56,250, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $56,250 750
GRANTEE Match $18,750 25$
Type of Match Cash and In-kind Services
The PROJECT reimbursement request shall include all
documentation required by the DEPARTMENT for a proper pre-
audit and post-audit review. Within sixty (60) days alter
receipt of the request, the DEPARTMENT'S Contract Manager
shall review the completion documentation and payment
request from the GRANTEE for the PROJECT. If the
documentation is sufficient and meets the requirements of
the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A037, referenced
in s 62D-5.058(6)2(g), the DEPARTMENT will approve the
request for payment.
5. The GRANTEE agrees to comply with the Division of
Recreation and Parks' Grant and Contract Accountability
Procedure, hereinafter called the PROCEDURE and incorporated
into this Agreement by reference as if fully set forth
herein. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance
with the GRANTEE'S adopted procurement procedures. Expenses
representing the PROJECT costs, including the required
Page 2 of 11
AGENDA ITEM #8E
SEPTEMBER 24, 2001
matching contribution shall be reported to the DEPARTMENT
and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed
under the PROJECT. The parties further agree that the
principles for determining the eligible costs, supporting
documentation and minimum reporting requirements of the
PROCEDURE shall be used.
6. Pursuant to s. 215.422, Florida Statutes, the Department's
Project Manager shall have five (5) working days, unless
otherwise specified herein, to inspect and approve the
payment requests 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 has fifteen (15) days to issue a
warrant. Days are calculated from the date the invoice is
received or the date the services are received, inspected,
and approved, whichever is later. Invoice payment
requirements do not start until a complete and correct
invoice has been received. Invoices which have to be
returned to the GRANTEE 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 (800)848-3792.
7. In accordance with s 215.422, Florida Statutes, the
DEPARTMENT shall pay the GRANTEE interest at a rate as
established by s. 55.03(1), Florida Statutes, on the unpaid
balance, if a warrant in payment of an invoice is not issued
within 40 days after receipt of a correct invoice and
receipt, inspection, and approval of the goods and services.
Interest payments of less than S1 will not be enforced
unless the GRANTEE requests payment. The interest rate
established pursuant to s. 55.03(1), Florida Statutes, by
Comptroller's Memorandum No. 12 (1999-00) dated December 2,
2000, has been set at 11.0°s per annum or .0003014a per day.
The revised interest rate for each calendar year beyond 2000
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.
Page 3 of 11
AGENDA ITEM #8E
SEPTEMBER 24, 2001
8. It is understood by the parties that the amount of this
Agreement may be reduced should the Governor's Budget Office
declare a revenue shortfall and assess a mandatory reserve.
Should a shortfall be declared, the amount of this Agreement
may be reduced by the same percentage as the DEPARTMENT is
assessed for the mandatory reserve.
9. All monies expended by the GRANTEE for the purpose contained
herein shall be subject to pre-audit review and approval by
the Comptroller of Florida in accordance with s. 17.03,
Florida Statutes
10. PROJECT funds may be reimbursed for eligible pre-agreement
expenses (as defined in s. 62D-S.D54(29) of the RULE)
incurred by GRANTEE prior to execution of this Agreement as
set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and
the GRANTEE fully understand and agree that there shall be
no reimbursement of PROJECT funds by the DEPARTMENT for any
expenditure made prior to the execution of this Agreement
with the exception of those expenditures which meet the
requirements of the foregoing sections of the RULE.
11. Prior to commencement of PROJECT acquisition, the GRANTEE
shall submit the documentation required by the Florida
Recreation Development Assistance Program Acquisition
Project Pre-reimbursement/Commencement Documentation Form,
DEP Form FPS-A034, referenced in s. 62D-D.058(6)(f) of the
RULE, to the DEPARTMENT upon determining that the
documentation complies with the RULE, the DEPARTMENT will
give notice to GRANTEE to commence the acquisition and
approve the request for payment.
12. GRANTEE shall complete acquisition of the PROJECT site by
The GRANTEE may request up to two (2)
one (1) year extensions from the DEPARTMENT for good cause
at the written request of the GRANTEE and such request must
be made prior to the PROJECT completion date. This Agreement
shall become effective upon execution and the Project must
be completed within 5 years, or money may revert.
13. Any local governmental entity, nonprofit organization, or
for-profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall:
Page 4 of 11
AGENDA ITEM #8E
SEPTEMBER 24, 2001
(a) If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor
General promulgated pursuant to s. 11.45, Florida Statutes;
or
(b) If the amounts received exceed $25,000, but do not exceed
5100,000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to s.
11.45, Florida Statutes, or have a statement prepared by an
independent certified public accountant which attests that
the receiving entity or organization has complied with the
provisions of this Agreement; or
(c) If the amounts received do not exceed $25,000, have the head
of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with
the provisions of this Agreement.
14. A copy of the audit or attestation as required in Paragraph
13, shall be submitted to the DEPARTMENT within one (1) year
from the PROJECT completion date as set forth in the PROJECT
completion certificate.
15. In addition to the provisions contained in Paragraph 13
above, the Grantee shall comply with the applicable
provisions contained in Attachment 1. A revised copy of
Attachment 1, Exhibit-1, must be provided to the Grantee
with each amendment which authorizes a funding increase or
decrease. The revised Exhibit-1 shall summarize the funding
sources supporting the Agreement for purposes of assisting
the Grantee in complying with the requirements of Attachment
1. If the Grantee fails to receive a revised copy of
Attachment 1, Exhibit-1, the Grantee shall notify the
Department's Contracts Administrator at 850/488-7896 to
request a copy of the updated information.
16. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT for the GRANTEE'S non-
compliance with this Agreement, the GRANTEE will be allowed
a maximum of thirty (30) days to submit additional pertinent
documentation to offset the amount identified as being due
the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the
GRANTEE of any reimbursement due the DEPARTMENT.
Page 5 of 11
AGENDA ITEM #8E ~
SEPTEMBER 24, 2001
17. The GRANTEE shall retain all records supporting PROJECT
costs for three {3) years after the fiscal year in which the
final PROJECT payment was released by the DEPARTMENT or
until final resolution of matters resulting from any
litigation, claim or audit that started prior to the
expiration of the three-year retention period. The
DEPARTMENT, State Auditor General, State Comptroller and
other agencies or entities with jurisdiction shall have the
right to inspect and audit the GRANTEE'S records for said
PROJECT within the three-year retention period.
18. The DEPARTMENT'S Contract Manager for the purpose of this
Agreement shall be responsible for ensuring performance of
its terms and conditions and shall approve all reimbursement
requests prior to payment. The GRANTEE'S Liaison Agent, as
identified in the PROJECT application, or successor, shall
act on behalf of the GRANTEE relative to the provisions of
this Agreement. The GRANTEE'S Liaison Agent, shall submit
to the DEPARTMENT signed PROJECT status reports every ninety
(90) days summarizing the work accomplished, problems
encountered, percentage of completion, and other information
which may be requested by the DEPARTMENT. Photographs to
reflect the construction work accomplished shall be
submitted when the DEPARTMENT requests them. Any and all
notices shall be delivered to the parties at the following
addresses:
Grantee
Department
Mr. Tim Johnson A. Diane Langston
City of Atlantic Beach Dept.of Environmental Protection
716 Ocean Boulevard 3900 Commonwealth Blvd., MS 585
Atlantic Beach, Florida 32233 Tallahassee, Florida 32399-3000
19. Prior to final reimbursement, the GRANTEE must erect a
permanent information sign on the PROJECT site which credits
PROJECT funding or a portion thereof, from the Florida
Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
20. The DEPARTMENT has the right to inspect the PROJECT and any
and all records related thereto at any reasonable time.
Page 6 of 11
AGENDA ITEM #8E
SEPTEMBER 24, 2001
21. This Agreement may be unilaterally canceled by the
DEPARTMENT in the event the GRANTEE refuses to allow public
access to all documents, papers, letters or other materials
made or received in conjunction with this Agreement pursuant
to the provisions of Chapter 119, Florida Statutes.
22. The DEPARTMENT shall also have the right to demand a refund,
either in whole or in part, of the FRDAP funds provided to
the GRANTEE 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 and
determined pursuant to Section 55.03(1) of the Florida
Statutes. Interest shall be calculated from the date(s) of
payment(s) to the GRANTEE by the DEPARTMENT to the date
repayment is made by GRANTEE.
23. The GRANTEE shall comply with all federal, state and local
rules, regulations and ordinances in acquiring and
developing this PROJECT. The GRANTEE acknowledges that this
requirement includes compliance with all federal, state and
local health and safety rules and regulations including all
applicable building codes. The GRANTEE further agrees to
ensure that the GRANTEE'S contract will include the
requirements of this paragraph in all subcontracts made to
perform this Agreement.
24. Land owned by the GRANTEE, which is developed or acquired
with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site by the GRANTEE for the use and
benefit of the public as stated in Administrative Rule 62D-
5.059(2). Land under control other than by ownership of the
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 completion date set forth in the PROJECT completion
certificate. All dedications must be recorded in the public
property records by the GRANTEE. Such PROJECT shall be open
at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
25. Failure to comply with the provisions of the RULE or the
terms and conditions of this Agreement will result in
Page 7 of 11
AGENDA ITEM #SE
SEPTEMBER 24, 2001
cancellation of the Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE
or this Agreement a notice in writing of the particular
violations stating a reasonable time to comply. Failure to
comply within the time period state in the written notice
shall result in cancellation of the Agreement and may result
in the imposition of the terms in Paragraph 22.
26. In the event of conflict in the provisions of the Rule, the
Agreement and the Project Application, the provisions of the
Rule shall control over this Agreement and this Agreement
shall control over the Project Application documents.
27. If the DEPARTMENT determines that site control is not
sufficient under the RULE the DEPARTMENT shall give the
applicant a notice in writing and a reasonable time to
comply. If the deficiency cannot be reasonably corrected
within the time specified in the notice, the DEPARTMENT
shall cancel this AGREEMENT.
28. The State of Florida's performance and obligation to pay
under this Agreement is contingent upon an annual
appropriation by the Florida Legislature
29. This Agreement strictly prohibits the expenditure of FRDAP
funds for the purpose of lobbying the Florida Legislature,
the judicial branch, or a state agency.
30. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability level, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
31. Each party hereto agrees that it shall be solely responsible
for the wrongful acts of its employees and agents. However,
nothing contained herein shall constitute a waiver by either
party of its sovereign immunity or the provisions of s.
768.28, Florida Statutes.
Page 8 of 11
AGENDA ITEM #8E
SEPTEMBER 24, 2001
32. The employment of unauthorized aliens by any GRANTEE is
considered a violation of s. 274A(e) of the Immigration and
Nationality Act. If the GRANTEE 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 made to perform this
Agreement.
33. A person or affiliate who has been placed on the convicted
vendor hest following a conviction for publa.c ent~.ty crime
may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public
entity in excess of the threshold amount provided in s.
287.017, Florida Statutes, or Category Two, for a period of
36 months from the date of being placed on the convicted
vendor list.
34. The 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
ender 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 actzon hereon or in connection herewith
shall be brought in Leon County, Florida unless prohibited
by law.
35. No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either
party under this Agreement, shall impair any such right,
power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or
default, or any similar breach or default thereafter.
36. This Agreement is not intended nor shall it be construed as
granting any rights, privileges or interest in any third
party without mutual written agreement of the parties
hereto.
Page 9 of 11
AGENDA ITEM #8E
SEPTEMBER 24, 2001
37. This Agreement is an exclusive contract and may not be
assigned in whole or in part without the written approval of
the Department.
3B. 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 executed by each of the parties hereto, and attached to
the original of this Agreement
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 10 of 11
AGENDA ITEM #SE
SEPTEMBER 24, 2001
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
CITY OF ATLANTIC BEACH
~~'' .!
By:
Division Director (or Designee)
Division of Recreation and Parks
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
DEP Contract filahag
Approved as to Form and Legality
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
June 6, 2001 for use for one year.
DEP 42-058
Revised OS-18-2001
By:
Title:
Address:
716 Ocean Boulevard
Atlantic Beach, Florida 32233
Grantee Attorney
Page 11 of 11
EXHIBIT - I
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING
Federal Funds Awarded to the Rect ten[ Pursuant to thts A reement Constst of [he Follow m
Federal
Program
Number
Federal A enc
CFDA
Number
CFDA Tttle
Fundm Amount State
Appropnaton
Cate or
State Funds Awarded to the Rect tent Pursuant to thts A reement Constst of the Followm Matchtn Funds for Federal Pro rams
Federal
Program
Number
Federa{ A enc
CFDA
CFDA Trcle
Fundm Amount State
Appropnahon
Cate o
Stnlc P'undt Awarded lu the Itca mnl I'unu.tn( bt lhts A •rcemcnl Consst of the Follnwtn • Funds Sub ecl of Scr.tion 215 97, 1~ S
tate Program
Number
undin Source
tate
Fiscal Year Catalog of
State
Financial
Assistance
Number
CSFA Tule
or
Fundm Source Descn tion
undm Amoun[
State
Appropnahon
Cate o
Original
Agreement Florida Recreation
Development Asststance
Pro ram 2001-2002 37017 Land Acgmsttton Trnst Fund $56,25000 1A0002
Total Award $56,25000 3`'*;~~*'~ c~~~_'~t~':m~
For each program tdenufied above, the reapient shall comply with the program requirements described m the Federal Catalog of Domestic Asststance (CFDA)
[http //aspe os dhhs eov/cfda] and/or [he Flonda Catalog of State Financml Asststance (CFSA) [ht[p //sun6 dins state fl us/fsaa/] The servtces/purposes for
which the funds are to be used are included m the Contract scope of senaces/work Any match regmred by the recipient is clearly indicated m the Contract
~~
t~1 ~
~Y
yy .j
N .~j-
A ra
o [21
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AGENDA ITEM #8E
SEPTEMBER 24, 2001
Att2:hment -1
SPECIAL AUDIT REQUIREMENTS
The administration of funds awarded by the Department of Envtronmental Protection (which may be referred to as
the "Department", "DEP", "FDEP" or "Grmttar'", or other name to the contracdagreement) to the recipient (which
may be referred to as the "Contractor", Grantee" or other name to the contract/agreentent) may be subject to audits
and/or momtonng by the Department of Envtronmental Protection, as described to this section
MONITORING
In addition to reviews of audits conducred m accordance with OMB Ctrcular A-133, as revised (see "AUDITS"
below), momtonng procedures may include, but not be limited to, on-site visits by Department staff, hmtted scope
audtts as defined by OMB Ctrcular A-133, as revtsed, and/or other procedures By entering into this agreement, the
rectptent agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Depaztment of Envtronmental Protection In the event the Department of Envtronmental Protection detertmnes that
a hmtted scope audit of the rectptent is appropriate, the rectptent agrees to comply with any additional instructions
provided by the Department to the rectptent regarding such audit The rectptent further agrees to comply and
cooperate with any mspec[wns, reviews, mvesheauons, or audits deemed necessary by the Comptroller or Auditor
General
AUDITS
PART I. FEDERALLY FUNDED
This part is apphcable if the rectptent is a State or local government or anon-profit organization as defined m OMB
Ctrcular A-133, as revtsed
1 In the event that the rectptent expends $300,000 or more in Federal awazds to its fiscal yeaz, the rectptent must
have a single orprogram-specific audit conducted m accordance with the provisions of OMB Ctrculaz A-133, as
revised EXI-IIBIT 1 to this agreement indicates Federal funds awarded through the Department of
Envtronmental Protection by this agreement In determtmng the Federal awards expended m its fiscal year, the
rectptent 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 Ctrcular A-133, as revtsed An audit of the rectptent conducted by the
Auditor Genera] m accordance with the provisions OMB Ctrcular A-133, as revised, wIll meet [he requirements
of this pazt
2 In connection with the audit requirements addressed m Part I, pazagraph 1 ,the recipient shall fulfill the
regmrements relative to auditee responsibilmes as provided m Subpart C of OMB Ctrcular A-133, as revised
3 If [he recipient expends less than $300,000 in Federal awards to its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revtsed, is not required In the event that the recipient expends
less than $300,000 to Federal awards in its fiscal year and elects to have an audit conducted to accordance with
the provtstons of OMB Ctrcular A-133, as revised, the cost of the audit must be paid from non-Federal funds
(t e , [he cost of such an audit must be paid from recipient funds obtained from other than Federal entities)
4 The recipient may access mfoiinanon regarding the Catalog of Federal Domestic Assistance (CFDA) via the
mtemet at http //aspe os dhhs eov/cfda
PART II STATE FUNDED
This part is apphcable if the reapien[ is a nonstate entity as defined by Section 215 97(2)(1), Florida Statutes
AGENDA ITEM #8E
SEPTEMBER 24, 2001
In the event that the recipient expends a total amount of State awards (i a ,State financial asststance provided to
the rectptent to carry out a State protect) equal to or in excess of $300,000 rn any fiscal year of such rectptent,
the rectptent must have a State single or protect-specific audit for such fiscal yeaz m accordance wuh Section
215 97, Flonda Statutes, applicable rules of the Executive Office of the Governor and the Compvoller, and
Chapter 10600, Rules of the Auditor General EXHIBIT 1 to this agreement indicates State funds awarded
through the Department of Envronmenta] Protectton by this agreement In determining the State awards
expended m its fiscal year, the rectptent shall consider all sources of Stale awards, including State funds
received from the Department of Environmental Protectton, except that State awards received by a nonstate
entity for Federal program matching requirements shall be excluded from consideration
In connection with the audit requirements addressed m Part II, pazagraph 1, the rectptent shall ensure that the
audit complies with the requirements of Section 215 97(7), Flonda Statutes Thts includes submission of a
reporting pacl.age as defined by Section 215 97(2)(d), Florida Statutes, and Chapter 1D 600, Rules of the
Audttor General
3 If the rectptent expends less than $300,000 in State awards in its fiscal yeaz, an audit conducted to accordance
with [he proviswns of Section 215 97, Flonda Statutes, is not regtnred In the event that the rectptent expends
less than $300,000 to State awards in its fiscal year and elects to have an audit conducted to accordance with [he
provisions of Section 215 97, Flonda 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 rectptent funds obtained from other than State entities)
4 For mfotmahon regarding the Flonda Smefe Audit Act, mcludmg the Flonda Catalog of State Financial Assistance
(CFSA), a rectptent should access the website for the Governor's Office located a[ hun //sun6 dins state fl us/fsaa/ for
asststance In addtnon to the above webstte, the following websttes may be accessed for mformanon Lee stature's
Webstte htio //www lee state fl us/, Governors Webstte htro //www fl~ov coin/, Department of Bankrng and
Finance's Webstte http //www dbf state fl tie/aadtr/FSAAIndex html, and the Auditor General's Webstte
htro //sun6 dins state fl us/audeen
PART III OTHER AUDIT REQUIREMENTS
(NOTE Pursuant to Secttatt 215 97(7)(ni), Florida Statutes, State agencies may conduct or arrange for audits of
Stare awards that are tit addition to audus conducted tit accordance with Section 215 97, Flonda Statutes Lt such
an event, the State agency mist arrange for funding the fidl cast of such adduional audits This pan would be used
to specify any nddutanal audu requirements unposed by the State agency that are solely a matter of that State
agency's policy (t e, the audu is not required by Federal or State laws and is not to conflict with other Federal or
State audu requtrentents) )
PART IV: REPORT SUBMISSION
1 Copies of audit reports for audits conducted m accordance with OMB Circular A-133, as revised, and required
by PART I of this agreement shall be subnutted, when required by Section 320 (d), OMB Circular A-133, as
revised, by or on behalf of the rectptent duectly to each of [he following
A The Department of Envtronmenta] Protection at each of [he following addresses
A Diane Langston
Flonda Department of Environmental Protectton
3900 Commonwealth Blvd
Mail Station 5S5
Tallahassee, Florida 32399
Audit Director
Flonda Depaztment of Envtronmenta) ProtecGOn
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
AGENDA ITEM #SE
SEPTEMBER 24, 2001
B The Federal Audit Clearinghouse designated m OMB Circular A-133, as revised (the number of copies
required by Sections 320 (d)(1) and (2), OMB Crculaz A-133, as revised, should be submitted to the
Federal Audit Cleannghouse), at the following address
Federal Audit Clearinghouse
Bureau of the Census
1201 East IOth Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entuies m accordance with Sections 320 (e) and (~, OMB
Circular A-133, as revsed
2 Pursuant to Section 320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting
package described to Section 320(c), OMB Circular A-133, as revised, and any management letters Issued by
the auduor, to the Department of Environmental Protection at each of the fotlowmg addresses
A Diane Langston
Flonda Department of Environmental Protection
3900 Commonwealth Blvd
Mail Station 585
Tallahassee, Flonda 32399
Audit Director
Flonda Department of Environmental Protection
Office of Inspector Genera]
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
3 Copies of reporting packages required by PART II of this agreement shall be submuted by or on behalf of the
recipient directly [o each of [he following
A The Department of Environmental Protection at each of the following addresses
A Diane Langston
Flonda Department of Environmental Protecuon
3900 Commonwealth Blvd
Mad Stauon 585
Tallahassee, Florida 32399
Audu Director
Flonda Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B The Auditor General's Office at the following address
State of Flonda Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Flonda 32302-1450
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 [he Department of Environmental Protection at each of the fotlowmg
addresses
AGENDA ITEM #8E
SEPTEMBER 24, 2001
A Diane Langston
Flonda Department of Environmental Protection
3900 Commonwealth Blvd
Mail Station 585
Tallahassee, Flonda 32399
Audit Duector
Flonda Department of Envtronmental Protecuon
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Flonda 32399-2400
Any reports, management letters, or other information regwred to be submitted to the Department of
Envtronmental Protection pursuant to this agreement shall be submuted timely m accordance with OMB
Ctrcular A-133, Flonda Statutes, and Chapter 10 600, Rules of the Auduor General, as applicable
6 Recipients, when submitting audit reports to the Department of Envtronmental Protecuon for audits done m
accordance with OMB Ctrcular A-133, Flonda Statutes, and Chapter 10 600, Rules of the Auduor General,
should mdmate the date that the audit report was delivered to the recipient in correspondence accompanying the
audit report
PART V RECORD RETENTION
The rectptent 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 Envtronmental
Protection or its designee, access to such records upon request The recipient shall ensure that audit worlung 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 m wrmne by the Depaztment of Envtronmental
Protecuon
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