R08-094
II I
1 RESOLUTION NO. R08 - 0 f"cf
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE MAYOR AND CITY
5 CLERK TO ENTER INTO A PROJECT AGREEMENT
6 WITH THE STATE OF FLORIDA DEPARTMENT OF
7 ENVIRONMENT AL PROTECTION FOR FUNDING
8 TOWARDS DEVELOPMENT OF CONGRESS AVENUE
9 COMMUNITY PARK; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the City of Boynton Beach has been awarded a matching grant of$135,611.00
13 through the State Department of Environmental Protection to further develop Congress A venue
14 Community Park; and
15 WHEREAS, this grant will provide matching funds, up to $135,611.00 for the Phase I
16 development of this land which includes a playground, picnic area, trails, restroom, landscaping
17 and other related support facilities; and
18 WHEREAS, upon execution of the Project Agreement, the City will have until April 30,
19 2011 to complete the outdoor recreation project; and
20 WHEREAS, the Florida Department of Environmental Protection administers FRDAP; and
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
22 CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
24 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
25 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the
26 Mayor and City Clerk to execute the Florida Department of Environmental Protection 2008/09
27 Project Agreement for a grant in the amount of$135,611.00 for the Congress Avenue Community
28 Park Project.
S:\CA\RESO\Agreements\Grants\Congress Avenue Park - FRDAP Grant Agmt.doc
II I
1 Section 3. This Resolution shall become effective immediately upon passage.
2 PASSED AND ADOPTED this ~ day of August, 2008.
3
4
5 CITY OF BOYNTON BEACH, FLORIDA
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8 ~~r - Je Tayl"
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10 L/ ~ ._---
11
12
13
14 Commis1oner - Ronald we~
15 N~~~ y
16
17 comm~-WOOdr?:y ___
18
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19
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20 Commissioner - Marlene Ross
21 ATTEST:
22 ~A;U~l if'
23
24 ( Ja t M. Prainito, CMC
25 ._'ty Clerk
26
27
28
S:\CAIRESO\Agreements\Grants\Congress Avenue Park - FRDAP Grant Agmt.doc
1d~~L7 ~1
DEP Agreement No. A9012
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2008-09) - Development
~
This PROJECT AGREEMENT is made and entered into this / ::J day of
~ 2008, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the
CITY OF BOYNTON BEACH, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. I n 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 Congress Avenue Community Park (Florida
Recreation Development Assistance Program (FRDAP), FRDAP Project Number
A09012), 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
Commencement Documentation Checklist, DEP Form FPS-A034.
3. All forms referenced in this PROJECT AGREEMENT may be found at
www.dep.state.fl.us/parks/oirs. Further, the GRANTEE will also receive all
DEP Agreement No. A9012, Page 1 of 10
DEP 55-231 (06/08)
applicable forms for administration of project with GRANTEE'S copy of the 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: Playground, picnic area, trails, restroom, landscaping
and other related support facilities, as identified in the GRANTEE'S approved
Grant Application. These PROJECT ELEMENTS may be modified by the
DEPARTMENT if the GRANTEE shows good cause and the DEPARTMENT
approves the modification. PROJECT planning expenses cannot exceed 15% of
the PROJECT cost to be eligible for reimbursement.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $135,611.00, which will pay the DEPARTMENT'S share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $135,611.00 50%
GRANTEE Match: $135,611.00 50%
Type of Match: Cash/In-Kind Services and/or Land Value
If the total cost of the PROJECT exceeds the grant amount and the required
match, the GRANTEE must pay the excess cost.
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 Checklist, FPS-A036, referenced in s.
62D-5.058(Z)(g) of the RULE, 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 or
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines).
When requested, this information must be provided within thirty (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
http://www.fJdfs.com/aadir/reference%5Fquide, which GRANTEE shall follow.
DEP Agreement No. A9012, Page 2 of 10
DEP 55-231 (06/08)
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Financial Reporting Procedures, formerly known as the Grant and Contract
Accountability Procedure, hereinafter called the PROCEDURE, incorporated into
this PROJECT AGREEMENT by reference as if fully set forth herein. A copy of
this PROCEDURE has been provided with this PROJECT AGREEMENT and
may also be found at http://www.dep.state.fl.us/parks/oirs. All purchases of
goods and services for accomplishment of the PROJECT shall be secured in
accordance with the GRANTEE'S procu rement 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 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 PROJECT
AGREEMENT is contingent upon an annual appropriation by the Legislature.
The GRANTEE understands that this PROJECT 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.
DEP Agreement No. A9012, Page 3 of 10
DEP 55-231 (06/08)
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program, Commencement Documentation Checklist, DEP Form FPS-A034,
referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon
determining that the docu mentation complies with the RULE, the
DEPARTMENT will give written notice to GRANTEE to commence the
development.
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 by both
parties and the GRANTEE shall complete construction of all PROJECT
ELEMENTS on or before April 30, 2011 (hereinafter referred to as the
PROJECT completion date). Within 30 days from this date, all payment
requests and completion documentation will be due to the DEPARTMENT.
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). Ten (10) percent of the total grant
amount will be held until Completion Documents have been received and
approved by the Department
18. The GRANTEE shall maintain books, records and documents directly pertinent
to performance under this PROJECT AGREEMENT in accordance with generally
accepted accounting principles consistently applied, including the PROCEDURE.
The DEPARTMENT, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this PROJECT
AGREEMENT and for five years following PROJECT AGREEMENT completion
or resolution of any dispute arising under this PROJECT AGREEMENT. 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.
19. A. In addition to the requirements of the preceding paragraph, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1
Special Audit Requirements, attached hereto and made a part hereof.
Exhibit 1 to Attachment 1 summarizes the funding sources supporting the
PROJECT AGREEMENT for purposes of assisting the GRANTEE in
complying with the requirements of Attachment 1 A revised copy of
Exhibit 1 must be provided to the GRANTEE for each amendment which
authorizes a funding increase or decrease. If the GRANTEE fails to
receive a revised copy of Exhibit 1, the GRANTEE shall notify the
DEPARTMENT'S Grant Manager to request a copy of the updated
information.
DEP Agreement No. A9012, Page 4 of 10
DEP 55-231 (06/08)
B. The GRANTEE is hereby advised that the Federal and/or Florida Single
Audit Act Requirements may further apply to lower tier transactions that
may be a result of this PROJECT AGREEMENT. The GRANTEE shall
consider the type of financial assistance (federal and/or state) identified in
Attachment 1, Exhibit 1 when making its determination. For federal
financial assistance, the GRANTEE shall utilize the guidance provided
under OMB Circular A-133, Subpart B, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For
state financial assistance, the GRANTEE shall utilize .the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor
Determination" (form number DFS-A2-NS) that can be found under the
"Links/Forms" section appearing at the following website:
https://apPs.fldfs.com/fsaa
The GRANTEE should confer with its chief financial officer, audit director
or contact the DEPARTMENT for assistance with questions pertaining to
the applicability of these requirements.
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.
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 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 its 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 PROJECT 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.
DEP Agreement No. A9012, Page 5 of 10
DEP 55-231 (06/08)
23. The GRANTEE covenants that it presently has no interest and shall not acquire
any interest which would conflict in any manner or degree with the performance
of services required.
24. The purchase of non-expendable equipment is not authorized under the terms of
this PROJECT AGREEMENT.
25. 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 26, 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.
26. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by certified mail to the parties at the following
addresses:
GRANTEE'S Grant Manager DEPARTMENT'S Grant Manager
Mr. Wally Majors Tamika Bass
Director Florida Department of Environmental
100 East Boynton Beach Protection
Boulevard 3900 Commonwealth Blvd., MS585
Boynton Beach, FL 33425 Tallahassee, Florida 32399-3000
27. 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. The sign must be made of appropriate materials, which will be durable
for a minimum of twenty-five (25) years after the PROJECT is complete. The
sign must be installed on the PROJECT site and approved by the
DEPARTMENT before the final reimbursement request is processed.
28. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
29. 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
DEP Agreement No. A9012, Page 6 of 10
DEP 55-231 (06/08)
in conjunction with this PROJECT AGREEMENT unless the records are exempt
from Section 24(a) of Article I of the State Constitution and Section 119.07,
Florida Statutes.
30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any
time in the event of the failure of the GRANTEE to fulfill any of its
obligations under this PROJECT AGREEMENT. Prior to termination, the
DEPARTMENT shall provide thirty (30) calendar days written notice of its
intent to terminate and shall provide the GRANTEE an opportunity to
consult with the DEPARTMENT regarding the reason(s) for termination.
B. The DEPARTMENT may terminate this PROJECT AGREEMENT after
three years if the Governor does not approve certification forward of the
PROJECT funds.
31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to 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.
32. 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.
33. The GRANTEE may subcontract work under this PROJECT 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.
34. 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
DEP Agreement No. A9012, Page 7 of 10
DEP 55-231 (06/08)
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.
35. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in termination 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 under Paragraph 26 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 termination of the PROJECT AGREEMENT and shall result in the
imposition of the terms in Paragraph 31 .
36. 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.
37. 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
31.
38. 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.
39. 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
responsible for maintaining the discriminatory vendor list which may be
found at
DEP Agreement No. A9012, Page 8 of 10
DEP 55-231 (06/08)
http://dms.mvflorida.com/business operations/state purchasinq/vendor i
nformation/convicted suspended discriminatory complaints vendor lists
/discriminatorv vendor list. Questions regarding the discriminatory
vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at (850) 487-0915.
40. 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.
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.
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.
DEP Agreement No. A9012, Page 9 of 10
DEP 55-231 (06/08)
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 CITY OF BOYNTON BEACH
OF ENVIRONMENTAL PROTECTION
By: DO NOT SIGN By:
Division Director (or Designee) Printed Name: KiJ.-+ o(t!!!..ss.,e.....
Division of Recreation and Parks Title: Ci+y M'LVV-Uje("'.l3c>'ff\.fcv\.&~IR..
DO NOT DATE
Date Date APPROVED AS TO FORM:
. CITY ATTORNEl"
Address: Address:
Office of Information and Recreation 1 00 East Boynton Beach Boulevard
Services Boynton Beach, FL 33425
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
June 12, 2008 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 Paqes)
DEP Agreement No. A9012, Page 10 of 10
DEP 55-231 (06/08)
ATTACHMENT 1
SPECIAL AUDIT REQillREMENTS
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.
MONITORlNG
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 defmed by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
P ART 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 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 ofOMB 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 ofOMB 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 ofOMB 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.htmI.
DEP 55-215 (02/07)
DEP Agreement No. A9012, Attachment 1, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 2l5.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such
fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General. EXHIBIT 1 to this 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 fmancial assistance, including state fmancial
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 fmancial reporting package as defmed by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state fmancial 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 $500,000 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 httos:l/apps,fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg,state,fl,us/Welcome/index.cfill, State of Florida's web site at
http://www.mvflorida,com/, Department of Financial Services' Web site at http://www.fldfs.coml and the
Auditor General's Website at http://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(8), 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 Attachment shall be submitted, when required by Section ,320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directlv to each of the following:
DEP 55-215 (02/07)
DEP Agreement No. A9012, Attachment 1, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (t),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a
copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and
any management letters issued by the auditor, to the Department of Environmental Protection at the
following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of fmancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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
DEP 55-215 (02/07)
DEP Agreement No. A9012, Attachment 1, Page 3 of 5
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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
DE? 55-215 (02/07)
DEP Agreement No. A9012, Attachment 1, Page 4 of 5
EXHIBIT - 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources A warded to the Recipient Pursuant to this Al!reement Consist of the Followinl!:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Al!reement Consist of the Followinl! Matching Resources for Federal Prol!rams:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Followinl! Resources Subject to Section 215.97, F.S.:
State CSF A Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
A9012 Florida Forever FY2008-2009 37.017 Florida Recreation Development $135,611.00 140002
Assistance Program
I Total A ward I I_m~
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 (CSF A) lhttps://apps.fldfs.com/fsaa/searchCatalog,aspx]. 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 55-215 (02/07)
DEP Agreement No. A9012, Attachment 1, Page 5 of 5
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 CITY OF BOYNTON BEACH
OF ENVIRONMENTAL PROTECTION
By: -t.;~~ By: ~ ,
Division Director (or Designee) Printed Name: Kud'" "Br-~sst'\ew-
Division of Recreation and Parks Title: C i"hl MC\nu'f...., \3o~t'ltm &c"t"", FL
'1/sj6 Y q -8--0B
Date I I Date APPROVED AS TO J:ORM:
Address: r~~TV ATTO.N~
Address:
Office of I nformation and Recreation 100 East Boynton Beach Boulevard
Services Boynton Beach, FL 33425
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
~ 103M 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 Cou nsel, on
June 12, 2008 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 Reauirements (5 Paaes)
DEP Agreement No. A9012, Page 10 of 10
DEP 55-231 (06/08)
The Citlj at Boljntan Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
MEMORANDUM
TO: Wally Majors
Recreation Director
FROM: Janet M. Prainito
City Clerk
DATE: September 8, 2008
SUBJECT: R08-094 FRDAP Project Agreement
Attached for your handling are two partially executed original agreements mentioned
above and a copy of the Resolution. Once the documents have been fully executed,
please return an original to the City Clerk's Office for Central File.
Thank you.
/!I~X' 'in P^~d)
Attachments (3)
C: Central File & Followup
S:\CC\WP\AFTER COMMI55JON\Departmental Transmittals\2008\Wally Majors R08-094.doc
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