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HomeMy WebLinkAbout2006-259 7 � .' Py STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTICE OF LIMITATION OF USE/ SITE DEDICATION This Notice of Limitation of Use/Site Dedication gives notice that the Real Property identified in the project agreement and the boundary map, attached hereto as Exhibits "A" and "B ," respectively (the "Property") , has been acquired by or developed with financial assistance provided by the Florida Legislature , through the Department of Environmental Protection, under the grant program called the Florida Recreation Development Assistance Program (FRDAP) . In accordance with section 375 .075 , F. S . , and chapter 62D-5 , F. A . C . , the Property is hereby dedicated to the public in perpetuity as an outdoor recreation area for the use and benefit of the general public . The Property is subject to all applicable terms of the statute and rule cited herein . Attest: J . K. Barton , Clerk INDIAN RIVER COUNTY By By its oard fCounty Cormmssioners Deputy Clerk B Wesley'S . Davis , Chairman Approved by BCC 7/ 18/2006 DEP Agreement No . F7064 CSFA Number: 37 . 017 CSFA Title : FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ( FRDAP ) PROJECT AGREEMENT (SFY 2006-07 ) — Development Z/1 This Agreement is made and entered into this day of 2006 , by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , hereinafter called the DEPARTMENT , and INDIAN RIVER COUNTY , hereinafter called the GRANTEE , a local government, 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 PROJECT AGREEMENT shall be performed in accordance with section 375 . 075 , Florida Statutes; and chapter 62D- 5 , Part V , Florida Administrative Code , effective August 15 , 2004 , hereinafter called the RULE . The GRANTEE shall comply with all provisions of the RULE , which is incorporated into this PROJECT 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 apply to this PROJECT AGREEMENT . 2 . The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Oslo Boat Ramp ( Florida Recreation Development Assistance Program , FRDAP Project Number F07064 ) , hereinafter called the PROJECT , and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description 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 . All forms hereinafter referenced may be found at c,, ww . dep . state . L' I . us / parks / circFurther, the GRANTEE will also receive all applicable forms for administration of project with GRANTEE ' s copy of fully executed PROJECT AGREEMENT . DEP Agreement No . F7064, Page 1 of 10 DEP 55-231 ( 01 :0^ ). EXHIB11 A 4 . The GRANTEE shall construct , or cause to be constructed , certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause : Dock, canoe & kayak launch , observation deck, parking , renovate boat ramp , and other related support facilities . 5 . The DEPARTMENT shall pay, on a reimbursement basis , to the GRANTEE , funds not to exceed $200 , 000 . 00 , which will pay the DEPARTMENT' s share of the cost of the PROJECT . DEPARTMENT funding is based upon the following : DEPARTMENT Amount : $200 , 000 . 00 50 % GRANTEE Match : $200 , 000 . 00 50% Type of Match : Cash/ In -Kind Services and/or Land Value 6 . 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 after receipt of the final request, the DEPARTMENT ' s Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT . If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form , DEP Form FPS-A036 , referenced in s . 62D- 5 . 058 (6 ) ( g ) , the DEPARTMENT will approve the request for payment . 7 . In addition to the invoicing requirements contained in the paragraph above , the Department will periodically request proof of a transaction ( such as invoice , payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines ) , as appropriate . When requested , this information must be provided within 30 calendar days of the date 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 http7 //'-vNww .dbf. state . fl . us/aadir 'reference guide . 8 . The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure , hereinafter called the PROCEDURE , incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein . All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE' s procurement procedures . Expenses representing the PROJECT costs , including the required 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 for accounting for FRDAP funds disbursed for the PROJECT . The parties further agree that the principles DEP Agreement No . F7064, Page 2 of 10 DEP 55-231 ( 01 /06 ) for determining the eligible costs , supporting documentation and minimum reporting requirements of the PROCEDURE shall be used . 9 . Allowable indirect costs as defined in the PROCEDURE shall not exceed 15 % of the GRANTEE ' s eligible wages and salaries , unless approved in advance as described herein . Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses . 10 . It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor' s Office declare a revenue shortfall and assess a mandatory reserve . Should a shortfall be declared , the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT . 11 . The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature . The GRANTEE understands that this Agreement is not a commitment of future appropriations . 12 . All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17 . 03 (2 ), Florida Statutes . 13 . PROJECT funds may be reimbursed for eligible Preagreement Expenses ( as defined in s . 62D-5 . 054 (34 ) of the RULE ) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with 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 PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE . 14 . Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form , DEP Form FPS-A034 , referenced in s . 62D- 5 . 058 (7 )(c ) of the RULE , to the DEPARTMENT. Upon determining that the documentation complies with the RULE , the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment . 15 . The GRANTEE shall obtain all required local , state and federal permits and approvals prior to completion of the project construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification , FPS -A037 , referenced in s . 62D -5 . 058 ( 7 ) (d ) of the RULE . DEP Agreement No . F7064, Page 3 of 10 DEP 55-231 ( 0 ' '06 ) 16 . This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before n ' 4 �%`� ( hereinafter referred to as the PROJECT completion "date ) , at which time all payment requests and completion documentation will be due to the DEPARTMENT . The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor' s Office on June 30" each year. The GRANTEE understands and agrees that if the Governor' s Office does not approve the DEPARTMENT' s request to certify the funds forward , the GRANTEE will not be eligible for reimbursement after the Governor' s Office denies the certification forward . 17 . Project completion means the project is open and available for use by the public . Project must be designated complete prior to release of final reimbursement . See Rule 62D-5 . 054 (41 ) . 18 . The GRANTEE shall retain all records supporting PROJECT costs for five ( 5 ) 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 five-year retention period . The DEPARTMENT , State Auditor General , State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE ' s records for said PROJECT during the PROJECT and within the retention period . 19 . In addition to the provisions contained in the paragraph 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 PROJECT 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 FRDAP Grants Administrator at ( 850 ) 245-2501 to request a copy of the updated information . 20 . Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE ' s noncompliance with this PROJECT AGREEMENT , the GRANTEE will be allowed a maximum of thirty (30 ) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT . The DEPARTMENT , following a review of the documentation submitted by the GRANTEE , will inform the GRANTEE of the final reimbursement due the DEPARTMENT . DEP Agreement No . F7064 , Page 4 of 10 DEP 55-231 (011/06 ) 21 . The GRANTEE , as an independent contractor and not an agent, representative , or employee of the DEPARTMENT , agrees to carry adequate liability and other appropriate forms of insurance . The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT . 22 . To the extent required by law , the GRANTEE will be self- insured against, or will secure and maintain during the life of this PROJECT AGREEMENT , Workers' Compensation Insurance for all of his employees connected with the work of this project and , in case any work is subcontracted , the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE . Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes , the GRANTEE shall provide , and cause each subcontractor to provide , adequate insurance satisfactory to the DEPARTMENT , for the protection of its employees not otherwise protected . 23 . The purchase of non-expendable equipment is not authorized under the terms of this Agreement . 24 . For the purpose of this PROJECT AGREEMENT , the DEPARTMENT' s Grant Manager shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment . The GRANTEE ' s Grant Manager, identified in paragraph 25 , or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT . The GRANTEE , shall submit to the DEPARTMENT signed PROJECT status reports every January 5`h , May 5`h , and September 5h of each year 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 . 25 . Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by United States Postal Service to the parties at the following addresses : GRANTEE ' s Grant Manager DEPARTMENT' s Grant Manager Mr. James W . Davis A. Diane Langston Public Works Director Florida Department of Environmental 1840 25th Street Protection Vero Beach , FL 32960 3900 Commonwealth Blvd . , MS585 Tallahassee , Florida 32399-3000 DEP Agreement No . F7064 , Page 5 of 10 DEP 55-231 (0 "06 ) 26 . Prior to final reimbursement , the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof , to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program . 27 related thereto athe right to ny reasonable DEPARTMENT s timet the PROJECT and any and all records 28 . This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT for �etters ,lorr other the materialma trial madNTEE e orreceivedallow eived by the GRANTEE documents , pap in conjunction with this PROJECT AGREEMENT unless the records are exempt under Section 24 (a ) of Article I of the State Constitution and Section 119 . 07 ( 1 ) , Florida Statutes . 29 . Prior to the closing of the PROJECT , the DEPARTMENT shall have the right to demand a refund , either in whole or in part , of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT . The GRANTEE , upon such written notification from the DEPARTMENT , shall refund , and shall forthwith pay to the DEPARTMENT , the amount of money demanded by the DEPARTMENT . Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT . 30 . The GRANTEE shall comply with all federal , state and local regulations , rules and ordinances in developing this PROJECT . The GRANTEE acknowledges that this requirement includes compliance with all federal , tate and local heag codes .lth The and safety rules and regulations including all applicable sGRANTEE ubcontracts umade to perform (this this AGREEMENT .de the requirements of this paragraph in all 31 . The GRANTEE may subcontract work under this Agreement without the prior written consent of the DEPARTMENT' S Grant Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements the GRANTEE that in any the subcontract. It is understood and agreed by 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. 32 . 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 section 62D- 5 . 059 ( 1 ) such as by ease,shal undercontrol dedicated lher as an outbdoor recreation f the GRANTEE , ionarea for the use DEP Agreement No . F70641 Page 6 of 10 DEP 55-231 (010;06 ) and benefit of the 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 county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so . Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use . 33 . Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT . The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing of the particular violations stating a reasonable time to comply . Failure to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 29 . 34 . In the event of conflict in the provisions of the RULE , the PROJECT AGREEMENT and the Project Application , the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents . 35 . If the DEPARTMENT determines that site control is not sufficient under the RULE , or has been compromised , the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply . If the deficiency is not corrected within the time specified in the notice , the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 29 , if appropriate . 36 . Pursuant to section 216 . 347 , Florida Statutes , the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature , the judicial branch , or a state agency . 37 . A . No person on the grounds of race , creed , color, national origin , age , sex , marital status or disability , shall be excluded from participation in ; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT . B . An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work , may not submit bids on leases of real property to a public entity , may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity , and may not transact business with any public entity . The Florida Department of Management Services is DEP Agreement No . F7064 , Page 7 of 10 DEP 55-231 ( 01 ;06 ) responsible for maintaining the discriminatory vendor list which may be found at http //dms . my4lorida . com/dms/purchasing/c nvicted suspended discrimin atory complaints vendor lists . Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services , Office of Supplier Diversity at (850 ) 487-0915 . 38 . 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 section 768 . 28 , Florida Statutes . 39 . The employment of unauthorized aliens by any GRANTEE is considered a violation of Section 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 issued as a result of this Agreement . 40 . A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a 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 , for Category Two , for a period of 36 months from the date of being placed on the convicted vendor list. 41 . The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida . Wherever possible , each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law , but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law , such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT . Any action hereon or in connection herewith shall be brought in Leon County , Florida unless prohibited by applicable law. 42 . No delay or failure to exercise any right , power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default , or any similar breach or default thereafter. 43 . This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights , privileges or interest to any third party without mutual written agreement of the parties hereto . DEP Agreement No . F7064, Page S of 10 DEP 55-231 (01 /06 ) 44 . This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT . 45 . This PROJECT AGREEMENT represents the entire agreement of the parties . Any alterations , variations , changes , modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing , in the form of an Amendment duly executed by each of the parties hereto , and attached to the original of this PROJECT AGREEMENT . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No . F7064 , Page 9 of 10 DEP 55- 23 , ( 01 06 ) IN WITNESS WHEREOF , the parties hereto have caused these presents to be duly executed on the day and year last written above . STATE OF FLORIDA DEPARTMENT INDIAN RIVER COUNTY OF ENVIRONMENTAL PROTECTION By . BY Division Dire r (or i n Printed Name : A thur R . N be er Division of Re eation d Parks Title : Chairman Jul v 18 2006 Date Date Address : Address : Office of Information and Recreation 1840 25th Street Services Vero Beach , FL 32960 Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee , Florida 32399-3000 Grantee Attorney DEP Grant Manager'') Approved as to Form and Legality : This form has been pre-approved as to form and legality by Suzanne Brantley , Assistant General Counsel , on January 25 , 2006 for use for one year . List of attachments/exhibits included as part of this Agreement : Specify Letter/ Type Number Description ( include number of pages ) Attachment 1 Special Audit Requirements ( 5 Pages ) DEP Agreement No . F7064 , Page 10 of 10 DEP 55-231 (011/06 ) ATTACHMESTI SPECLAL AUDIT REQUIREMENTS Tbe administration of resources awarded by the Department of Emunrimenial Protection (,which rna.i be referred to as the "Deaartment ". "DEP ' "PDEP " or "Grantor ", or other name in the contracCagreemenO to the recipient (which may be referred to as the "Contractor '. Grantee " or other name in the contract;'agreementj may be subject to audits and-or monitoring by the Department of Environmemal Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A- 133 and Section 215 . 97, F. S ., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to; on-site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections. reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I : 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. 1 . In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133 , as revised, will meet the requirements of this part. 2 . In connection with the audit requirements addressed in Part I, paragraph I . , the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133 . as revised. 3 . If the recipient expends less than $ 500, 000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133 , as revised, the cost of the audit must be paid from non-Federal 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 reearding the Catalog of Federal Domestic Assistance (CFDA) via the Internet at htm : ."12 46 245 . 173:efda,efda.html . RDLAI�DER OF PAGE NTE -TIONALLY LEFT BLANK DEP Agreement NO.F7064. Attachment 1 . Page 1 of DFP d -21 09 04 PART H: STATE FU\DED This part is applicable if the recipient is a nonstate entity as defined by Section 215 .97 (2)(1). Florida Statutes . 1 . In the event that the recipient expends a total amount of State financial assistance equal to or in excess of 5300,000 in any fiscal year of such recipient (5500 : 000 for fiscal years ending on or after September 30, 2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215 . 97 , Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer, and Chapter 10 . 550 (local governmental entities) or 10. 650 (nonprofit and for-profit organizations); Rules of the Auditor General. EXHIBIT 1 to this Agreement 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 resources received by a nonstate entity for Federal program matching requirements. 2 . In connection with the audit requirements addressed in Part IL paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215 .97(l 7). Florida Statutes. This includes submission of a financial reporting package as defined by Section 215 .97(2 )(d), Florida Statutes, and Chapters 10 . 550 (local governmental entities) or 10. 650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3 . If the recipient expends less than $ 300 .000 in State financial assistance in its fiscal year (5500,000 for fiscal years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of Section 215 .97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year (5500, 000 for fiscal years ending on or after September 30, 2004) 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 http "-state fl uslfsaa; cared oa or the Governor's Office of Policy and Budget website located at him: ,"vwvv mvflorida -omlm�-florida 'eovernment contacts,'opbOffee.html for assistance . In addition to the above websites, the following websites may be accessed for information: Legislature's Website http: ,' ,www le¢ state fl us', Governor's Website http - ` ,www mvtlorida. comi, Department of Financial Services ' Website hurn i/www,dbfstate. fl.us/ and the Auditor General's Website h_ptt -'www state flus, 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 0. e-, he audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215 97(7) (m). Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV : REPORT SUBMISSION 1 . Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submired, when required by Section . 320 ( d), OMB Circular A- 133 , as revised, by or on behalf of the recipient directly to each of the following, RE1v1AI'_N`DER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7064 . Attachment I. Page 2 of 5 DEP 55-215 1' 09 04) A- The Department of Enxironmental Protection at the fo'loving address : Audit Director Florida Department of Environmental Protection Office of the Inspector General- NIS 40 2600 Blair Stone Road Tallahassee. Florida 32399-2400 B . The Federal Audit Clearinghouse designated in OMB Circular A- 133, as revised ( the number of copies required by Sections 320 ( d)( 1 ) and (2), OA4B Circular A- 1 33 , as revised, should be submitted to the Federal Audit Clearinghouse), at the following address : Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville. fN 47132 C . Other Federal agencies and pass-through entities in accordance with Sections . 320 ( e) and (f), OMB Circular A- 133 , as revised. 2 . Pursuant to Section 320(f), OMB Circular A- 133 , as revised, the recipient shall submit a copy of the reporting package described in Section . 320(c), OMB Circular A- 133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3 . Copies of financial reporting packages required by PART II of this .Agreement shall be subm tted by or on behalf of the recipient directl to each of the following: A . The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General' s Office at the following address: State of Florida Auditor General Room 401 , Claude Pepper Building I I 1 West Madison Street Tallahassee, Florida 32399- 1450 4 . Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the £olloo m2 address : Audit Director Florida Department of Environmental Protection Office of the Inspector Genera'., MS 40 2600 Blair Stone Road Tallahassee. Florida 32399- 2400 DEP Agreement No. F7064 . Attachment I . Page 3 of 5 DEP £-2l-" (09 041 4 . Any reports, management levers, or other information required to be submiaed to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with ONIB Circular A- 133 , Florida Statutes, or Chapters 10.n0 (local governmental entities) or 10 . 650 (nonprofit and for-profit organizations) . Rules of the Auditor General, as applicable . 6 . Recipients, when submin ng fmaaciai reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A- 133 , 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. REYIArNDER OF PAGE INTENTION ALLY LEFT BLANK DEP Agreement No. F7064. Attachment 1. Page 4 of 5 DEP 5 -215 ( 09 '041 41 EXHIBIT — 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING : N'ed_cral Re es Awarded to the Recipient Pursuant to this Agreement Consist of the Following: FcticRl Aw — - Slate Program CFDA Appropriation Number Federal Agency Number CFDA Title - Funding Amount Category - State 12esow ces Awarded to the Recipient Pursuant to this A green ut Consist of the Following Matching Resources for Federal Pro rams : Ialeril Stale Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Red lent Pursuant to this A reemeat Consist of the FollowingResources Subject to Section 215.97, F.S.: _ Catalog of _ State Slate Financial CSFA 'Iitle State Program State Assistance or Appropriation NUlnbel Funding Source Fiscal Year Number Funding Source Description Funding Amount Category - F7064 LA IT 2006-2007 37 .017 Florida Recreation Development $200,000 . 00 14000'2 -07 Assistance Program _ 'I'otalAward +$'LOO � ODX00 $M q ta,,xe,a �a I�m each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance. (CFDA ) Iliup : // 12 .40 . 245 . 173 /etch/cfcla.litml] and/or the Florida Catalog of Stale Financial Assistance (CSFA) http ://statc . fl.us/fsaa/catalog. The services/purposes I'or m'hich the funds ore to be used are included in the Conhact scope of services/work . Any match required by the recipient is clearly indicated ill the Contract . UKP Agreement No. F'7064, Attachment 1 , Page 5 of 5 Dhi) 55 -215 (09/04) (- CERTIriG^TIQN ON LASTPNaE r ,1 . �: . DEP Agreement No . F7064 a- M ^ ' X51 CSFA Number: 37 . 017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ( FRDAP) PROJECT AGREEMENT (SFY 2006-07 ) — Development This Agreement is made and entered into this 12 day of , 2006 , by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , hereinafter called the DEPARTMENT , and INDIAN RIVER COUNTY, hereinafter called the GRANTEE , a local government, 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 PROJECT AGREEMENT shall be performed in accordance with section 375 . 075 , Florida Statutes ; and chapter 62D-5 , Part V, Florida Administrative Code , effective August 15 , 2004 , hereinafter called the RULE . The GRANTEE shall comply with all provisions of the RULE , which is incorporated into this PROJECT 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 apply to this PROJECT AGREEMENT. 2 . The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Oslo Boat Ramp ( Florida Recreation Development Assistance Program , FRDAP Project Number F07064 ), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description 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 . All forms hereinafter referenced may be found at www . dep . state . fl . us / parks / oirs . Further, the GRANTEE will also receive all applicable forms for administration of project with GRANTEE's copy of fully executed PROJECT AGREEMENT . DEP Agreement No. F7064, Page 1 of 10 DEP 55-231 (01 /06 ) H T <IUE 105PY uEk i IFICATION 014 LAST PAGE J . K . b.AUH , CLER: 4 . The GRANTEE shall construct, or cause to be constructed , certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Dock, canoe & kayak launch , observation deck, parking , renovate boat ramp , and other related support facilities . 5 . The DEPARTMENT shall pay, on a reimbursement basis , to the GRANTEE , funds not to exceed $200 , 000 . 00 , which will pay the DEPARTMENT's share of the cost of the PROJECT . DEPARTMENT funding is based upon the following : DEPARTMENT Amount : $200 , 000 . 00 50% GRANTEE Match : $200 ,000 . 00 50 % Type of Match : Cash/In-Kind Services and/or Land Value 6 . 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 after receipt of the final request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form , DEP Form FPS-A036 , referenced in s . 62D- 5. 058 (6)(g ) , the DEPARTMENT will approve the request for payment. 7 . In addition to the invoicing requirements contained in the paragraph above, the Department will periodically request proof of a transaction (such as invoice , payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines) , as appropriate . When requested , this information must be provided within 30 calendar days of the date 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 htto : //www.dbf state flus/aadir/reference guide . 8 . The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure , hereinafter called the PROCEDURE , incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein . All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE 's procurement procedures . Expenses representing the PROJECT costs, including the required 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 for accounting for FRDAP funds disbursed for the PROJECT. The parties further agree that the principles DEP Agreement No. F7064, Page 2 of 10 DEP 55-231 (01 /06) 1 r<. Ir: COPY H! ii !CATION ON LAST PAGE B 1 . 4q , CLERK for determining the eligible costs , supporting documentation and minimum reporting requirements of the PROCEDURE shall be used . 9 . Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries , unless approved in advance as described herein . Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses . 10 . It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor' s Office declare a revenue shortfall and assess a mandatory reserve . Should a shortfall be declared , the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT. 11 . The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this Agreement is not a commitment of future appropriations . 12 . All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17 . 03 (2 ) , Florida Statutes . 13 . PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s . 62D-5 . 054 (34 ) of the RULE ) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with 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 PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE . 14 . Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form , DEP Form FPS-A034 , referenced in s . 62D-5.058 (7)(c) of the RULE , to the DEPARTMENT. Upon determining that the documentation complies with the RULE , the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. 15. The GRANTEE shall obtain all required local , state and federal permits and approvals prior to completion of the project construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification , FPS-A037 , referenced in s . 62D-5 . 058 (7 )(d ) of the RULE . DEP Agreement No. F7064, Page 3 of 10 DEP 55-231 (01 /06) n0pY C ;� ' r-1WION ON LAST PAGE 16 . This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before 7 ) u ii` (hereinafter referred to as the PROJECT completion `date) , at which time all payment requests and completion documentation will be due to the DEPARTMENT . The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 30th each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward , the GRANTEE will not be eligible for reimbursement after the Governor' s Office denies the certification forward . 17 . Project completion means the project is open and available for use by the public. Project must be designated complete prior to release of final reimbursement. See Rule 62D-5 . 054(41 ) . 18 . The GRANTEE shall retain all records supporting PROJECT costs for five (5) 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 five-year retention period . The DEPARTMENT, State Auditor General , State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE ' s records for said PROJECT during the PROJECT and within the retention period . 19 . In addition to the provisions contained in the paragraph 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 PROJECT 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 FRDAP Grants Administrator at (850) 245-2501 to request a copy of the updated information . 20 . Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE's noncompliance with this PROJECT AGREEMENT , the GRANTEE will be allowed a maximum of thirty (30 ) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT , following a review of the documentation submitted by the GRANTEE , will inform the GRANTEE of the final reimbursement due the DEPARTMENT . DEP Agreement No. F7064, Page 4 of 10 DEP 55-231 (01 /06) A T jt1It C9 [IV GFR ACATIONONLAS i PAGE 21 . The GRANTEE , as an independent contractor and not an agent, representative , or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance . The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT . 22 . To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of his employees connected with the work of this project and , in case any work is subcontracted , the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE . Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes , the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected . 23 . The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 24 . For the purpose of this PROJECT AGREEMENT, the DEPARTMENT' s Grant Manager shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment . The GRANTEE 's Grant Manager, identified in paragraph 25 , or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE , shall submit to the DEPARTMENT signed PROJECT status reports every January 5t", May 5rh , and September 5`h of each year 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 . 25 . Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by United States Postal Service to the parties at the following addresses : GRANTEE 's Grant Manager DEPARTMENT's Grant Manager Mr. James W . Davis A. Diane Langston Public Works Director Florida Department of Environmental 1840 25th Street Protection Vero Beach , FL 32960 3900 Commonwealth Blvd . , MS585 Tallahassee , Florida 32399-3000 DEP Agreement No. F7064, Page 5 of 10 DEP 55-231 (01 /06) R I CATI N' ONLAS TPAGE 3 kn ,' , C __ Pk 26 . Prior to final reimbursement , the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program . 27 . The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 28 . This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents , papers , letters , or other material made or received by the GRANTEE in conjunction with this PROJECT AGREEMENT unless the records are exempt under Section 24(a ) of Article I of the State Constitution and Section 119 . 07( 1 ), Florida Statutes . 29 . Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to demand a refund , either in whole or in part, of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT . The GRANTEE , upon such written notification from the DEPARTMENT , shall refund , and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT . Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT. 30 . The GRANTEE shall comply with all federal , state and local regulations, rules and ordinances in 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 include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 31 . The GRANTEE may subcontract work under this Agreement without the prior written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in 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. 32 . 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 section 62D-5 . 059( 1 ) of the RULE . 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 DEP Agreement No. F7064, Page 6 of 10 DEP 55-231 (01 /06) r; T ;` ' � C Cft) F)v ?; e 1 (; ATION ON !_.AST PWGE r . , and benefit of the 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 county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so . Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use . 33 . Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 29 . 34 . In the event of conflict in the provisions of the RULE , the PROJECT AGREEMENT and the Project Application , the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents . 35 . If the DEPARTMENT determines that site control is not sufficient under the RULE , or has been compromised , the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice , the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 29 , if appropriate . 36 . Pursuant to section 216 .347 , Florida Statutes , the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch , or a state agency. 37 . A. No person on the grounds of race, creed , color, national origin , age , sex, marital status or disability, shall be excluded from participation in ; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. B . An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is DEP Agreement No. F7064, Page 7 of 10 DEP 55-231 (01 /06) - ,` !O L-J "} nNI_ A.STPAU responsible for maintaining the discriminatory vendor list which may be found at http ://dms . mvflorida . com/dms/purchasing/convicted suspended discrimin atory complaints vendor lists . Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services , Office of Supplier Diversity at (850 ) 487-0915 . 38 . 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 section 768 .28 , Florida Statutes . 39 . The employment of unauthorized aliens by any GRANTEE is considered a violation of Section 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 issued as a result of this Agreement. 40 . A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a 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 , for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 41 . The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida . Wherever possible , each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT . Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 42 . No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43 . This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights , privileges or interest to any third party without mutual written agreement of the parties hereto . DEP Agreement No. F7064, Page 8 of 10 DEP 55-231 (01 /06) 4T! Ck ^l ON LAST PAGE Cl 44 . This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT. 45 . This PROJECT AGREEMENT represents the entire agreement of the parties . Any alterations , variations , changes , modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing , in the form of an Amendment duly executed by each of the parties hereto , and attached to the original of this PROJECT AGREEMENT . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No . F7064, Page 9 of 10 DEP 55-231 (01 /06) i{?{ rj ; ATI 1N ON LAST PAGE IN WITNESS WHEREOF , the parties hereto have caused these presents to be duly executed on the day and year last written above . STATE OF FLORIDA DEPARTMENT INDIAN RIVER COUNTY OF ENVIRONMENTAL PROTECTION By 91 By Division Dire r (or i n Printed Name : hur R . N be er Division of R eation d Parks Title : Chairman �f � e July 18 , 2006 Date Date Address : Address : Office of Information and Recreation 1840 25th Street Services Vero Beach , FL 32960 Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee , Florida 32399-3000 � 4 — - Grantee Attorney DEP Grant Manager' Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel , on January 25 , 2006 for use for one year. List of attachments/exhibits included as part of this Agreement : Specify Letter/ Type Number Description ( include number of pages) Attachment 1 Special Audit Requirements (5 Pages ) DEP Agreement No. F7064, Page 10 of 10 DEP 55-231 (01 /06) T� ! " Ci7t`Y P.T± :;i "d % fv I AST PAGE- ATTACHMENT AiEATTACHMENT 1 ri SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department ", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee " or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A- 133 and Section 215 .97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I : 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. L In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. hi determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 ., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 3 . If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http:// 12 .46.245 . 173/cfda/cfda.html. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F7064, Attachment 1 , Page 1 of 5 DEP 55-215 (09/04) 1'. T .'iI it r. ,-, p`( ON LAST PASS PART It: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215 .97(2)(1), Florida Statutes. 1 . In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30, 2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215 .97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement 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 resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1 , the recipient shall . ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215 .97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3 . If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of Section 215 .97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30, 2004) 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 hitp://state. fl .us/fsaa/catalog or the Governor's Office of Policy and Budget website located at htrp://www myflorida com/mvflorida/govemment/contacts/opbOffice html for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website hM:Pwww.leg. state. fl . us/, Govemor's Website http://www.mvflorida.com/, Department of Financial Services ' Website http ://www.dbfstate. fl .us/ and the Auditor General's Website http://www. state.fI. us/auth4en. PART IH: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity 's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215. 97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215. 97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost ofsuch additional audits.) PART IV: REPORT SUBMISSION 1 . Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7064, Attachment 1, Page 2 of 5 DEP 55 -215 (09/04) li 1' :; tlr r, ri t��i Tl it 01i 1_ . S s P,4 a � , rtw A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B . The Federal Audit Clearinghouse designated in OMB Circular A- 133, as revised (the number of copies required by Sections .320 (d)( 1 ) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. 2. Pursuant to Section .320(f), OMB Circular A- 133 , as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A- 133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address : Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3 . Copies of fmancial reporting packages required by PART Ii of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B . The Auditor General's Office at the following address : State of Florida Auditor General Room 401 , Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399- 1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address : Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. F7064, Attachment 1 , Page 3 of 5 DEP 55-215 (09/04) i l_I ,VIP AI Ora OP4 L.AZT P a a 'E �. i r) v 5 . Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133 , Florida Statutes, 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 , 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. F7064, Attachment 1 , Page 4 of 5 DEP 55-215 (09/04) J I T1 o r. rn n 0 r.;. _ a EXHIBIT - 1 :., T azo < •: .. F iH ARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: � � ren xCi x r0 � nr ] —I ores Awarded to the Recipient Pursuant to this A reement Consist of the Following: State � rar.5 CFDA Appropriation i ber Federal Agency Number CFDA Title Funding Amount Category N mO0 c o State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subeect to Section 215.97, F.S.: Catalog of State State Financial CSFA Title State Program State Assistance or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category F7064 LATF 2006-2007 37.017 Florida Recreation Development $200,000.00 140002-07 Assistance Program Total Award For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http:// 12 .46. 245 . 173/cfda/cfda.litnil] and/or the Florida Catalog of State Financial Assistance (CSFA) http://state.fl.us/fsaa/catalog. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. F7064, Attachment 1 , Page 5 of 5 DEP 55-215 (09/04) i T4W DEP Agreement No . F7167 CSFA Number: 37 . 017 CSFA Title : FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ( FRDAP) PROJECT AGREEMENT (SFY 2006-07 ) — Development This Agreement is made and entered into this 1� day of ��5� 2006 , by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , hereinafter called the DEPARTMENT , and INDIAN RIVER COUNTY, hereinafter called the GRANTEE , a local government, 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 PROJECT AGREEMENT shall be performed in accordance with section 375 . 075 , Florida Statutes ; and chapter 62D-5 , Part V , Florida Administrative Code , effective August 15 , 2004 , hereinafter called the RULE . The GRANTEE shall comply with all provisions of the RULE , which is incorporated into this PROJECT 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 apply to this PROJECT AGREEMENT. 2 . The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Gifford Park ( Florida Recreation Development Assistance Program , FRDAP Project Number F07167 ), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description 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 . All forms hereinafter referenced may be found at www . dep . state . fl . us / parks / oirs . Further, the GRANTEE will also DEP Agreement No. F7167, Page 1 of 10 DEP 55-231 (01 /05) receive all applicable forms for administration of project with GRANTEE' s copy of fully executed PROJECT AGREEMENT . 4 . The GRANTEE shall construct, or cause to be constructed , certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause : Multi-purpose field , and other related support facilities . 5 . The DEPARTMENT shall pay , on a reimbursement basis , to the GRANTEE , funds not to exceed $ 102 ,250 . 00 , which will pay the DEPARTMENT' s share of the cost of the PROJECT . DEPARTMENT funding is based upon the following : DEPARTMENT Amount: $ 102 , 250 . 00 50 % GRANTEE Match : $ 102 , 250 . 00 50% Type of Match : Cash/In-Kind Services and/or Land Value 6 . 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 after receipt of the final request, the DEPARTMENT' s Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT . If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form , DEP Form FPS-A036 , referenced in s . 62D- 5 . 058(6)(g ) , the DEPARTMENT will approve the request for payment. 7 . In addition to the invoicing requirements contained in the paragraph above , the Department will periodically request proof of a transaction (such as invoice , payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines), as appropriate . When requested , this information must be provided within 30 calendar days of the date 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 htti) ://www .dbf. state. fl.us/aadir/reference Ruid . 8 . The GRANTEE agrees to comply with the Division of Recreation and Parks ' Grant and Contract Accountability Procedure , hereinafter called the PROCEDURE , incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein . All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE 's procurement procedures . Expenses representing the PROJECT costs , including the required matching contribution , shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE . The DEPARTMENT and DEP Agreement No. F7167, Page 2 of 10 DEP 55-231 (01 /05) �W .r 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 for accounting for FRDAP funds disbursed for 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 . 9 . Allowable indirect costs as defined in the PROCEDURE shall not exceed 15 % of the GRANTEE' s eligible wages and salaries , unless approved in advance as described herein . Indirect costs that exceed 15 % must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses . 10 . It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor' s Office declare a revenue shortfall and assess a mandatory reserve . Should a shortfall be declared , the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT . 11 . The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature . The GRANTEE understands that this Agreement is not a commitment of future appropriations . 12 . All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17 . 03 (2 ) , Florida Statutes . 13 . PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s . 62D-5 . 054(34 ) of the RULE ) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with 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 PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE . 14 . Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form , DEP Form FPS-A034 , referenced in s . 62D-5 . 058(7)(c) of the RULE , to the DEPARTMENT . Upon determining that the documentation complies with the RULE , the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. DEP Agreement No. F7167, Page 3 of 10 DEP 55-231 (01 /05) 15 . The GRANTEE shall obtain all required local , state and federal permits and approvals prior to completion of the project construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification , FPS-A037 , referenced in s . 62D-5 . 058(7)(d ) of the RULE . 16 . This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shat complete construction of all PROJECT ELEMENTS on or before D 0 ( hereinafter referred to as the PROJECT completi date) , at which time all payment requests and completion documentation will be due to the DEPARTMENT . The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor' s Office on June 30th each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward , the GRANTEE will not be eligible for reimbursement after the Governor's Office denies the certification forward . 17 . Project completion means the project is open and available for use by the public. Project must be designated complete prior to release of final reimbursement. See Rule 62D-5 . 054 (41 ) . 18 . The GRANTEE shall retain all records supporting PROJECT costs for five (5 ) 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 five-year retention period . The DEPARTMENT, State Auditor General , State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE 's records for said PROJECT during the PROJECT and within the retention period . 19 . In addition to the provisions contained in the paragraph 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 PROJECT 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 FRDAP Grants Administrator at (850) 245-2501 to request a copy of the updated information . 20 . Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE ' s noncompliance with this PROJECT AGREEMENT , the GRANTEE will be allowed a maximum of thirty (30 ) days to submit additional pertinent documentation to offset the amount identified as DEP Agreement No. F7167, Page 4 of 10 DEP 55-231 (01 /05) being due to the DEPARTMENT . The DEPARTMENT, following a review of the documentation submitted by the GRANTEE , will inform the GRANTEE of the final reimbursement due the DEPARTMENT . 21 . The GRANTEE , as an independent contractor and not an agent, representative , or employee of the DEPARTMENT , agrees to carry adequate liability and other appropriate forms of insurance . The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT . 22 . To the extent required by law, the GRANTEE will be self-insured against , or will secure and maintain during the life of this PROJECT AGREEMENT , Workers' Compensation Insurance for all of his employees connected with the work of this project and , in case any work is subcontracted , the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE . Such self- insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes , the GRANTEE shall provide , and cause each subcontractor to provide , adequate insurance satisfactory to the DEPARTMENT , for the protection of its employees not otherwise protected . 23 . The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 24 . For the purpose of this PROJECT AGREEMENT , the DEPARTMENT' s Grant Manager shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE ' s Grant Manager, identified in paragraph 25 , or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT . The GRANTEE , shall submit to the DEPARTMENT signed PROJECT status reports every January 5th , May 5th , and September 5th of each year 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 . 25 . Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by United States Postal Service to the parties at the following addresses : DEP Agreement No . F7167, Page 5 of 10 DEP 55-231 (01105) GRANTEE 's Grant Manager DEPARTMENT's Grant Manager Mr. James W . Davis A. Diane Langston Public Works Department Florida Department of Environmental 1840 25th Street Protection Vero Beach , FL 32960 3900 Commonwealth Blvd . , MS585 Tallahassee , Florida 32399-3000 26 . Prior to final reimbursement , the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program . 27 . The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time . 28 . This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents , papers , letters , or other material made or received by the GRANTEE in conjunction with this PROJECT AGREEMENT unless the records are exempt under Section 24(a ) of Article I of the State Constitution and Section 119 . 07( 1 ) , Florida Statutes . 29 . Prior to the closing of the PROJECT , the DEPARTMENT shall have the right to demand a refund , either in whole or in part , of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT . The GRANTEE , upon such written notification from the DEPARTMENT , shall refund , and shall forthwith pay to the DEPARTMENT , the amount of money demanded by the DEPARTMENT . Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT . 30 . The GRANTEE shall comply with all federal , state and local regulations , rules and ordinances in 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 include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT . 31 . The GRANTEE may subcontract work under this Agreement without the prior written consent of the DEPARTMENT' S Grant Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in 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 DEP Agreement No. F7167, Page 6 of 10 DEP 55-231 (01 /05) ,qw y liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 32 . 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 section 62D-5 . 059 ( 1 ) of the RULE . 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 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 county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so . Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use . 33 . Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT . The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 29 . 34 . In the event of conflict in the provisions of the RULE , the PROJECT AGREEMENT and the Project Application , the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents . 35 . If the DEPARTMENT determines that site control is not sufficient under the RULE , or has been compromised , the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice , the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 29 , if appropriate . 36 . Pursuant to section 216 . 347 , Florida Statutes , the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature , the judicial branch , or a state agency. 37 . A. No person on the grounds of race , creed , color, national origin , age , sex, marital status or disability , shall be excluded from participation in ; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT . DEP Agreement No. F7167, Page 7 of 10 DEP 55-231 (01 /05) 1W .r B . An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list which may be found at http ://dms . myflorida . com/dms/purchasing/convicted suspended discrimin atory complaints vendor lists . Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services , Office of Supplier Diversity at (850 ) 487-0915 . 38 . 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 section 768 . 28 , Florida Statutes . 39 . The employment of unauthorized aliens by any GRANTEE is considered a violation of Section 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 issued as a result of this Agreement . 40 . A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a 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 , for Category Two , for a period of 36 months from the date of being placed on the convicted vendor list. 41 . The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida . Wherever possible , each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT . Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. DEP Agreement No . F7167, Page 8 of 10 DEP 55-231 (01105) *%W .r 42 . No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43 . This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights , privileges or interest to any third party without mutual written agreement of the parties hereto . 44 . This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT . 45 . This PROJECT AGREEMENT represents the entire agreement of the parties . Any alterations , variations , changes , modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing , in the form of an Amendment duly executed by each of the parties hereto , and attached to the original of this PROJECT AGREEMENT . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7167, Page 9 of 10 DEP 55-231 (01 /05) IN WITNESS WHEREOF , the parties hereto have caused these presents to be duly executed on the day and year last written above . STATE OF FLORIDA DEPARTMENT INDIAN RIVER COUNTY OF ENVIRONMENTAL PROTECTION By: BeA , (�7) CIPS A � ape Division Dfor (oir g e ) Printed Name : A thur R . Ne ger Division o ecreati /nom rks Title : Chairman July 18 , 2006 Date Date Address : Address : Office of Information and Recreation 1840 25th Street Services Vero Beach , FL 32960 Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee , Florida 32399-3000 lu AdA� rantee Attorn y DEP Grant Manage Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel , on January 25 , 2006 for use for one year. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages ) Attachment 1 Special Audit Requirements (5 Pages ) DEP Agreement No. F7167, Page 10 of 10 DEP 55-231 (01 /05) 14W !I ATTACHMENT SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP " or "Grantor ", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee " or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A- 133 and Section 215 .97, F.S. , as revised (see `AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: 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. L In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 ., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 3 . If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hM2://' 12 .46.245 . 173/cfda/cfda.html. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F7167, Attachment 1 , Page 1 of 5 DEP 55-215 (09/04) 1r' *400 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215 .97(2)(1), Florida Statutes. 1 . In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30, 2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215 .97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement 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 resources received by a nonstate entity for Federal program matching requirements. 2 . In connection with the audit requirements addressed in Part II, paragraph 1 , the recipient shall ensure that the audit complies with the requirements of Section 215 .97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215 .97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3 . If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of Section 215 .97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30, 2004) 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 hg ://state.fl,us/fsaa/catalog or the Governors Office of Policy and Budget website located at http://www.mvflorida.com/myflorida/govemrnent/contacts/opbOffice html for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http ://www.myflorida.com/. Department of Financial Services ' Website hgp ://www.dbf. state. fl.us/ and the Auditor General's Website hqp://www. state. fl,us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity 's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements) . Pursuant to Section 215. 97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost ofsuch additional audits.) PART IV: REPORT SUBMISSION 1 . Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133 , as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133 , as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7167, Attachment 1 , Page 2 of 5 DEP 55-215 (09/04) %W *so A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A- 133 , as revised (the number of copies required by Sections .320 (d)( 1 ) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address : Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C . Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. 2. Pursuant to Section .320(f), OMB Circular A- 133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A- 133 , as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3 . Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401 , Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399- 1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. F7167, Attachment 1 , Page 3 of 5 DEP 55-215 (09/04) 5 . Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133 , Florida Statutes, 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, 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. F7167, Attachment 1 , Page 4 of 5 DEP 55-215 (09/04) EXHIBIT — 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Aare ment Consist of the Following:_ Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal A ency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agree at Consist of the Following Resources Subject to Section 215.97, F.S. : Catalog of State State Financial CSFA 'fitle State Program State Assistance or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category F7167 FL FE 2006-2007 37.017 Florida Recreation Development $ 1023250.00 140002-07 Assistance Program Total Award For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http:// 12.46.245 . 173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) http://state.fl.tis/fsaa/catalog. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. F7167, Attachment 1 , Page 5 of 5 DEP 55-215 (09/04)