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R06-189 20 21 22 23 24 25 26 27 28 29 " 11 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. R06 - 18q A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FUNDING TOWARDS DEVELOPMENT OF JAYCEE PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has been awarded a matching grant of 12 $200,000.00 through the Land and Water Conservation Fund Program to further develop Jaycee 13 Park; and 14 WHEREAS, this grant was originally applied for in 2004-05 but did not score high 15 enough to receive funding. More monies have become available and this project is now funded at 16 the amount originally requested; and 17 WHEREAS, upon execution of the Proj ect Agreement, the City will have three (3) years 18 to complete the outdoor recreation project; and 19 WHEREAS, the Florida Department of Environmental Protection administers FRDAP; and WHEREAS, this phase of development in Jaycee Park includes the provisions for boating facilities, fishing facilities, boardwalk trail, landscaping and other related supporting facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereo f. Section 2. The City Commission of the City of Boynton Beach hereby authorizes the S:\CA\RESO\Agreements\Grants\Jaycee Project - FRDAP Grant Agmt(06-07).doc II 1 1 I Mayor and City Clerk to execute the Florida Department of Environmental Protection 2006/07 2 Project Agreement for a grant in the amount of $200,000.00 for the Jaycee Park Project. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED this ~ day of November, 2006. CITY OF BOYNTON BEACH, FLORIDA '7 , ,) . /( tJ..~'--' Commissioner l~5 ~ ATTEST: Yn.~ S:\CA\RESO\Agreements\Grants\Jaycee Project. FRDAP Grant Agmt(06-07).doc ~ofo-/6q 12-00546 (LWCF Project Number) LW" Stlto DEP Contract Number CFDA Number: 15.916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FY 2006 - 2007 PROJECT AGREEMENT - DEVELOPMENT This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and the CITY OF BOYNTON BEACH, whose address is Post Office Box 310 , Bovnton Beach, Florida, 33435 (hereinafter called the "Grantee"), a local government, in furtherance of the Javcee Park project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Section 375.021 (4), Florida Statutes; and, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to receive grants for outdoor recreation and conseNation; and, WHEREAS, the Grantee has submitted Project Application number 16, which has been approved by the Department. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be effective upon execution of this Project Agreement and end no l(1ter than three (3) years from the date of Agreement execution, inclusive. The Project Agreement shall be performed in accordance with Chapter 620-5, Part VII, Florida Administrative Code, effective July 15, 2001 (hereinafter called the Rule); the Land and Water ConseNation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the Program); and with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual) including the CFRs referenced below. The Manual refers to the code of federal regulations (CFRs) applicable to this Agreement. The following table identifies several of the key CFRs addressed in the Manual, but does not limit the Grantee to compliance with only the CFRs identified in the table. DEP Agreement No. , Page 1 of 12 DEP 55-239 (09/05) CFR Cite Title 36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post- Completion Comoliance Responsibilities . 36 CFR 800.8 Coordination With the National Environmental Policy Act 43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance ProQrams 43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of Interior The Grantee agrees to become familiar with all provisions and comply with the Rule and Manual, including the above-stated provisions of the CFR, which are incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the LWCF Act of 1965 and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of any Act of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Javcee Park (Land and Water Conservation Fund, LWCF Project Number 12-00546), 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 Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS-A048. The approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deliverables), is incorporated into this Project Agreement by reference as if fully set forth herein. The "approved Project Application" includes only those Project Elements approved by the Department and does not include proposed elements not approved by the Department. Any revisions to the Project Elements as set forth in the approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement. 3. The Grantee shall construct, or cause to be constructed, specified public outdoor recreation facilities and improvements consisting of the following Project Elements; boatina facilities. fishina facilities. boardwalk trail. landscaDina and other related SUDDorl facilities. 4. The Project Elements identified in Paragraph 3 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and compatible with the environment. . Plans and specifications for Project Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and DEP Agreement No. , Page 2 of 12 DEP 55-239 (09/05) natural values of the area. This site development plan may be altered by the Grantee, only after written approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee on a reimbursement basis the eligible Grant amount not to exceed $200,000, which will pay said federal Program's share of the cost of the Project. Program funding limits are based upon the following: Total Department (federal) Program Amount Grantee Match Amount Total Project Cost $200,000 $200,000 $400,000 Type of Match (Cash and/or In-kind Services) B. Within sixty (60) days after receipt of the 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 Land and Water Conservation Fund Program Required Project Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7)(e)2, FAC., the Department will approve the request for payment. 6. In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. State guidelines for allowable costs can be found in the Florida Department of Financial Service's Reference Guide for State Expenditures at www.dbf.stateJl.us/aadir/reference auide and allowable costs for federal programs can be found under 48 CFR Part 31 at htto://www.access.aoo.aov/nara/cfr/cfr-table-search.htmland OMB Circulars A-87, A- 122, A-21, at htto://www.whitehouse.aov/omb/circulars/index.html#numerical. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. DEP Agreement No. , Page 3 of 12 DEP 55-239 (09/05) 8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this 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 procurement requirements specified in 43 CFR 12.76. 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 in accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 9. Allowable indirect costs as defined in the Procedure shall not exceed 15% of the Grantee's eligible salaries/wages. Indirect costs that exceed 15% must be approved in advance in writing by the Department to be considered eligible Project expenses. 10. Project funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of this Project Agreement as set forth in s.62D-5.073(2) 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 the following expenditures which meet the requirements of the foregoing sections of the Rule. Preagreement Costs Approved; Description of Work Performed Amount Approved 0 Total Preaqreement Costs Approved: 0 11. A. Prior to commencement of Project development, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Required Project Commencement Documentation Form, DEP Form FPS-A050, referenced in s. 62D-5.073(7)(e) 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. B. If Grantee does not have any of the documents incorporated by reference in this Agreement, Grantee shall obtain them from the Department or other official source. DEP Agreement No. , Page 4 of 12 DEP 55-239 (09/05) 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of Project construction and shall certify that it has done so to the Department by completing the Land and Water Conservation Program Project Permitting Certification, DEP Form FPS-A052, referenced in s. 62D-5.073(7)(e)(1) of the Rule. 13. The Grantee shall complete all Project construction by the completion date established in paragraph 1, above. 14. Project completion means the Project is open and available for use by the public. The Project must be completed prior to release of final reimbursement. 15. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for equipment acquired with federal funds shall be retained for five years following final disposition. 16. I n addition to the provisions contained in Paragraph 15 above, the Grantee shall comply with the applicable provisions contained in Attachment A, Special Audit Requirements, attached hereto and made a part hereof. A revised copy of Attachment A, Exhibit-1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the Grantee shall notify the Department's Grant Manager at 850/245-2501 to request a copy of the updated information. 17. 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 any reimbursement due the Department. DEP Agreement No. , Page 5 of 12 DEP 55-239 (09/05) 18. 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. 19. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the 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 Florida Workers' Compensation law, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 20. The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 21. The Department's Grant Manager for the purpose of this Project Agreement, or successor, shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent (also known as Grantee's Grant Manager), as identified in the Project Application, or successor, shall act on behalf of the Grantee relative to the provisions of this Project Agreement. The Grantee's Liaison Agent, shall submit to the Department signed Project status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the Department. Photographs to reflect the construction work accomplished shall be submitted when the Department requests them. Any and all notices shall be deemed effective and sufficient if sent via U.S. mail, facsimile (fax), electronic mail, or by hand-delivery to the parties at the following addresses: Grantee's Liaison Agent Name; Mr. Wally Majors, Director Entity: City of Boynton Beach Address: Post Office Box 310 City, State, Zip; Boynton Beach, FL 33435 Phone: 5617426255 SunCom Phone: Fax; 5617426233 SunCom Fax: Email: maiorsw@cLbovnton-beach.f1.us DEP Agreement No. , Page 6 of 12 DEP 55-239 (09/05) Department's Grant Manager Name: Tamika Ardley, or successor Entity: Florida Department of Environmental Protection Address: 3900 Commonwealth Boulevard, MS585 City, State, Zip: Tallahassee, Florida 32399-3000 Phone: (850) 245-2501 SunCom Phone; 205-2501 Fax; (850) 245-3038 SunCom Fax; 205-3038 EmaiI;Tamika.ardley@dep.stateJl.us 22. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI and the Department. 23. The Department and USDOI have the right to inspect the Project and any and all records related thereto at any reasonable time. 24. This 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 Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. 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 LWCF funds provided to the Grantee for non-compliance 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 be calculated and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the date(s) of payment(s) to the Grantee by the Department to the date repayment is made by Grantee. After closing of the Project, the Grantee may not repay the funds but shall go through the conversion process described by the Manual and the Rule. 26. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. DEP Agreement No. , Page 7 of 12 DEP 55-239 (09/05) 27. The Grantee shall comply with all federal, state and local laws, rules, regulations 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 ensure that the Grantee's contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 28. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 29. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 30. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation site for the use and benefit of the public, as stated in s. 62D-5.074(1) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. The dedication must be promptly recorded in the county's official public records by the Grantee and Grantee shall provide a certified copy to the Department. 31. The Grantee agrees to operate and maintain the Project site as stated in s. 62D- 5.074(2) of the Rule. The Project site, Project-related facilities, and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project-related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 32. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act, the Manual, and s. 620-5.074(3) of the Rule. DEP Agreement No. , Page 8 of 12 DEP 55-239 (09/05) 33. Failure to comply with the provisions of the Rule or the terms and conditions of this 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. If the Grantee does not comply or obtain and extension of time within the time period stated in the notice, this Project Agreement shall be automatically terminated. 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 applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the Department shall cancel this Project Agreement. 36. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 37. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment B, Form DEP 55-221, effective January 2001, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 38. A. No person on the grounds of race, religion, 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. , Page 9 of 12 DEP 55-239 (09/05) B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 39. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 40. A person or affiliate who has been placed on the convicted vendor list following a conviction for 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, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 41. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR Part 12.100-.510), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by USDOI to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a fQQY of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion _ Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. DEP Agreement No. , Page 10 of 12 DEP 55-239 (09/05) 42. This 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 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. 43. 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. 44. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 45. 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. 46. The parties hereto acknowledge and agree that the provisions contained in paragraphs 15, 23, 30, 31, and 32 shall survive the end date of this Agreement established in paragraph 1. 47. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly 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. , Page 11 of 12 DEP 55-239 (09/05) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, the day and year last written below. By: Date: /!-7q.-'~~ . ! Address: Office of I nformation and Recreation Services (MS 585) Division of Recreation and Parks 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Approved as to form and legality for use for one year by Suzanne Brantley, Assistant General Counsel on 5/1/06. Attachments: Attachment A Attachment B Attachment C CITY OF BOYNTON BEACH ~ By: KURT BRESSNER (I:Y IIW,CER Printect~ BEACH, FL Title Date: /1-/5-0b FEID No.: Address: {; antee's Attorney ~-f.. ~ 4+7J - Special Audit Requirements (5 pages) - Disclosure of Lobbying Activities (2 pages) - Certification Regarding Debarments/Suspension, etc. (2 pages) DEP Agreement No. , Page 12 of 12 DEP 55-239 (09/05) ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DE?", npDEpn 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-I33 and Section 215.97, F.s., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Depar1ment staff, limited scope audits as defined by OMB Circular A-I33, 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 detennines 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. I. 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 I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-l33, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal years ending after 12/31/03) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hlto:1II2.46.245.173/cfda/cfda.html. DEP 55-215 (01104) DEP Agreement No. ] 2-00546, Attachment A, Page 1 of 5 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, 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 I 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 I, 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, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at htto://state.fI.us/fsaa/catalog or the Governor's Office of Policy and Budget website located at htto://www.myfIorida.comlmyfIoridalgovernmentlcontacts/oobOffice.html for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website htto://www.leg.state.fI.us/. Governor's Website htto:/lwww.mvfIorida.coml. Department of Financial Services' Website htto:l/www.dbf.state.fI.us/and the Auditor General's Website htto://www.state.fI.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the fUll cost of such additional audits) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-I33, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (Oll04) DEP Agreement No. 12-00546, Attachment A. Page 2 of 5 A. The Department of Envirornnental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau ofthe Census 1201 East lOth 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 ofEnvirornnental 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 Attachment shall be submitted by or on behalf of the recipient directlv to each of the following: A. The Department ofEnvirornnental Protection at the following address: Audit Director Florida Department of Envirornnental 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 Room401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directlv to the Department of Envirornnental Protection at the following address: Audit Director Florida Department of Envirornnental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP 55-215 (Oll04) DEP Agreement No. 12-00546, Attachment A. Page 3 ofS 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 55-215 (01104) DE? Agreement No. 12-00546, Attachment A, Page 4 of5 .... 1 ,.. .... ell .... == ><: '" o 2:i is o ~ ~ o "' "" == ,.. "' o e- If; fil z o u e- Z "" ::E "" "" 0< \:) < If; s: Eo< o Eo< Eo< Z :'; -- If; 0< :;J "- Eo< ifi .... 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