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01/15/2003 Agreement Clerk olllle Circul coun Danny L. Kolhage Phone: 292-3550 Fax: 295-3663 Memnrandum To: Tim McGarry, Growth Management Director Attn: Colleen Gardner Isabel C. DeSantis,' .t1 Deputy Clerk y.P From: Date: Tuesday, January 14, 2003 At the EOCC meeting of January 15, 2003, the Board granted approval and authorized execution of State Financial Assistance Agreement, Monroe County DEP Agreement No. LP0337, between Monroe County and the Florida Department of Environmental Protection providing funds for wastewater improvements to be utilized for two County sponsored private utility projects, Key West Resort Utilities and North Key Largo Utilities. Attached hereto is a fully executed duplicate original of the subject Agreement for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney Finance File ./' '. '" STATE FINANCIAL ASSISTANCE AGREEMENT MONROE COUNTY DEP AGREEMENT NO. LP0337 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO SPECIFIC APPROPRIATION 1765A OF THE 2002 - 2003 GENERAL APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA) TIllS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, the address for which is 2600 Blair Stone Road, Tallahassee, Florida 32399 (hereinafter referred to as the "Department") and MONROE COUNTY, the address for which is Gato Building, 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as "Grantee" or "Recipient"), existing as a local government agency under the laws of the State of Florida, to provide funds for constructing additions to the wastewater collection systems for North Key Largo Utility and for Key West Resort Utility. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The Grantee agrees to the completion of all activities set forth in Section C of Attachment A. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than March 31, 2003 unless the Project Schedule outlined in Section C of Attachment A is met and the Agreement is amended. The Grantee shall not be eligible for reimbursement for work performed unless the Project Schedule is met. This Agreement shall be amended to provide for disbursement of grant funds identified herein provided that all terms and conditions of this Agreement, including compliance with the Project Schedule, are met and construction of the Project results. This Agreement may be amended one or more times to provide for disbursements for any portion of the Scope of the Project Work outlined in Section B of Attachment A. However all such amendments must be issued before March 31,2003. 3. In the event that the Agreement is amended as provided in paragraph 2. above, the following disbursement provisions shall apply: A. As consideration for the services rendered by the Grantee, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $1,122,408 toward the total Project cost estimate identified in Section A of Attachment A. It is acknowledged that the cost estimate is based on preliminary estimates and requires updating, as appropriate, by the Grantee according to Section C of Attachment A. In no event shall payments to the Grantee exceed 100% of the eligible project costs. B The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project costs after approval of deliverables and acceptance of a properly submitted Payment Request Summary Form. The Payment Request Summary Form would be incorporated into this Agreement by amendment. A Professional Engineer shall be responsible for overseeing construction. In addition to the summary form, the Grantee must provide sufficiently itemized invoices for the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person or entity providing the service or performing the work. C. In addition to the invoicing requirements referenced in paragraph 3.B. above, the Department may periodically request proof of a transaction (invoice, etc.) to evaluate the appropriateness of costs pursuant to State guidelines. This information when requested must be provided within 30 calendar days of such request. All bills for amounts due shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. D. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at http://www.dbf.state.fl.uslaadir/tochandbk.html. E. All costs incurred by the Grantee for its own employees in planning, designing, constructing, administering, managing, evaluating, and inspecting the Project are not eligible for reimbursement under this Agreement or any amendment thereof. F. Travel costs are not authorized for reimbursement under this Agreement or any amendment thereof. G. The purchase ofnon-expendable equipment for use by the Grantee is not authorized under the terms of this Agreement or any amendment thereof. 4. The State of Florida's performance and obligation to pay under this Agreement as amended would be contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 6.A The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination. the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. 2 6.B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 7. 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. 8. 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. The Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 9_ In addition to the provisions contained in paragraph 8 above, the Grantee shall comply with the applicable audit, monitoring, and record keeping provisions contained in Attachment B. A revised copy of Attachment B, Exhibit-l shall be provided to the Grantee with each Agreement amendment that affects the information contained therein. A revised Exbibit-l shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment B. If the Grantee fails to receive a revised copy of Exbibit-l, the Grantee shall notifY the Department's Grant Manager indicated in this Agreement to request a copy of the updated information. 10. A. The Grantee shall not subcontract, assign, or transfer any construction services or equipment/material procurement work to be funded under this Agreement as amended 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 and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred, and that the Grantee shall be solely liable to any subcontractor for all expenses and liabilities incurred under the subcontract. 10.B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Upon request of the Grantee, the Department will furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement and any amendment thereto for the purpose oflobbying the Legislature, the judicial branch or a state agency. 3 12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts (by change order ifnecessary) issued as a result of this Agreement. 13. The Department's Grant Manager for this Agreement is identified below. Dick Smith Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 TalIahassee, Florida 32399-2400 Phone: (850) 245 - 8358 Fax: (850) 245 - 8411 14. The Grantee's Grant Manager for this Agreement is identified below. George Garrett, Director Division of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289 - 2507 Fax: (305) 289 - 2536 15. 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. The Grantee shall require each 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 Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 16. 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 may be specifically provided in this Agreement. Alternatively, the Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self- insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 17. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 4 18. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., requirements, etc.). This Agreement does not incorporate such subcontracts, assignments, or transfers as may be approved by the Department pursuant to paragraph 10.A. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that could result in the Grantee's ability to pay for Project work, change the amount of funding under this Agreement, or increase the time for completion of Project work shall require a formal amendment to this Agreement. 19. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 19.B. An entity or affiliate that 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 works, 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. 20. 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 Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 21. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. 22. Any dispute between the Contractor and the Department involving the adequacy of required submitta1s/deliverables, including the justification for award of the designlbuild contract, described in Attachment A, shall be resolved at the lowest organizational level possible. However,:final decisions over disputed issues may be made by the Director, Division of Water Resource Management or designee. 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION L);a >n ~ By: ~..~ Director, Division of Water Resource Management By: Mayor/Chairperson Date: 0/- /s-()!:> Date: ;2-/9-02 I~~6000749 /~~>..,- "'r- ."::'7;a~~ .~~\z c~::- _--:~j ~_____ -\.:;.~::... l".'.'.).J/'-"'~."'''' '-2--~'......~.' ~ //.""1 .. " ~ 3 l) Ltr \ /'..:;, ./'. "" \ r;,~ "~~ ~.Yf~f\'< il II..:.. ~~:c..\~~._1 ~r..~.J)i~ll '.' -~-". - -& ~\~J: ".~ r r 7[ "\;'~.;';,.:._?:8 2~"~"~ ",. I '.\".. ,-'~""~ ~8 ." i'" .~'/, \\>,~':' t'::.::: ';'J~' ;/" '~', ,"~-2 E?-->....t '- .~" \,,,~~ ~= ~''b:7 ~,'c.,;,. ~_%~ ~.j.K-~~~.. .....: --~~~.. By: Jh cvLJ o. 1Ju)J~ List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number A B Description (include number of pages) Project Work Plan (2 Pages) Audit Requirements (5 Pages) Attachment Attachment 6 ATTACHMENT A MONROE COUNTY North Key Largo Utility and Key West Resort Utility Wastewater Management Systems A. PROJECT BUDGET INFORMATION PROJECT BUDGET Category of Expenditure DEP Funds Other Funds Total Funding FY 02/03 FY 03/04 FY 04/05 North Key Lal"2o Utility Design $ 0 $ 0 $ 0 $ TBI* $ TBI* Construction $ 987,586 $ 0 $ 0 $ TBI* $ TBI* Tech. Services during $ 0 $ 0 $ 0 $ TBI* $ TBI* Construction Other $ 0 $ 0 $ 0 $ TBI* $ TBI* SUBTOAL $ 987,586 $ 0 $ 0 $ 2,912,414 $ 3,900,000 Key West Resort Utility Engineering /Inspection $ 0 $ 0 $ 0 $ 279,000 $ 279,000 Construction $ 134,822 $ 0 $ 0 $ 3,365,178 $ 3,500,000 Contingency $ 0 $ 0 $ 0 $ 380,000 $ 380,000 Administration/Legal $ 0 $ 0 $ 0 $ 347,000 $ 347,000 Testing $ 0 $ 0 $ 0 $ 100,000 $ 100,000 SUBTOTAL $ 134,822 $ 0 $ 0 $ 4,471,178 $ 4,606,000 GRAND TOTAL $1,122,408 $ 0 $ 0 $ 7,383,592 $ 8,506,000 Note: TBI* means To Be Identified by Grantee B. SCOPE OF PROJECT WORK: Sewer extensions are to be constructed for the North Key Largo Utility Corporation and for the Key West Resort Utility, Incorporated. The facilities to be constructed will provide for decommissioning of existing individual on-site wastewater treatment and disposal systems. Wastewater treatment and disposal will be provided at the existing facilities serving each of the two Utilities. c. PROJECT SCHEDULE 1. North Key Largo Utility Completion of Project activities (a) through (e) below shall be accomplished before March 1, 2003 to comply with statutory requirements. All submittals shall be made by the Recipient's Grant Manager and shall be sent to the Department's Grant Manager. DEP Agreement LP0337, Attachment A, Page 1 of2 (a) Submittal of updated Section A Project Budget Information. (b) Submittal of inter-local agreement for construction of sewers. (c) Certification of availability of the all wastewater collection/transmission system sites, including easements and rights-of-way, including permission to work on private property (submittal to the Department is required). (d) Submittal of plans and specifications as used for advertised competitive bidding. (e) Submittal of recommendation for award to low responsive, responsible bidder. (f) Certification of operability (submittal to the Department is required). 2. Key West Resort Utility Completion of Project activities (a) through (f) below shall be accomplished before March 1, 2003 to comply with statutory requirements. All submittals shall be made by the Recipient's Grant Manager and shall be sent to the Department's Grant Manager. (a) Establishment of rates, fees, and assessments for the revenue generation system to recover capital costs and operation/maintenance costs (submittal to the Department is required). (b) Certification of availability oflocal share of Project contract costs (submittal to the Department is required). (c) Submittal of a plan for timely decommissioning of existing individual on-site treatment and disposal systems. (d) Certification of availability of the all wastewater collection/transmission system sites, including easements and rights-of-way, including permission to work on private property (submittal to the Department is required). (e) Submittal of plans and specifications as used for advertised competitive bidding. (f) Submittal of recommendation for award to low responsive, responsible bidder. (g) Certification of operability (submittal to the Department is required). DEP Agreement LP0337, Attachment A. Page 2 of2 ATTACHMENT B SPECIAL AUDIT REQUIREMENTS The administration of funds 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 section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, 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-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 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 Comptroller 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-I33, as revised. I. In the event that the recipient expends $300,000 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-B3, as revised. EXlllBIT 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 funds received from the Department of Environmental Protection. The determination of amomts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-B3, 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-B3, as revised. 3. If the recipient expends less than $300,000 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 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-B3, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds 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://aspe.os.dhhs.gov/cfda. DEP Agreement No. LP0337, Attachment B, Page 1 of 5 PART D: 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 amOlmt of State awards (Le., State financial assistance provided to the recipient to carry out a State project) 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 tile Executive Office of tile Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 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 reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards 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 awards 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 non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For infonnation regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the website for the Governor's Office located at htto://soo6.dms,state.fl.us/fsaal for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.usl. Governor's Website http://www.flgov.coml. Department of Banking and Finance's Website http://www.dbf.state.fl.us/aadir/FSAAIndex.html. and the Auditor General's Website http://soo6,dms.state.fl. us/audgen. PART m: OrnER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for funding the fidl cost of such additional audits. This part would be used to specifY any additional audit requirements imposed by the State agency that are solely a matter of that State agency'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).) DEP Agreement No. LP0337, Attachment B, Page 2 of 5 PART IV: REPORT SUBMISSION I. Copies of audit reports 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: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 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 (dX1) 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 each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of 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 each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building ]]] West Madison Street Tallahassee, Florida 32302-1450 DEP Agreement No. LP0337, Attachment B, Page 3 of5 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 each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. Any reports., management letters, or other information required to be submitted to the Department of Environmental Protection pW'suant to this agreement shall be submitted timely in accordance with OMB Circular A-I33, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. 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, 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, 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. 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