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09/18/2002 Agreement CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAJ<(305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAJ< (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVE~ENTCENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAJ< (305) 852-7146 MEMORANDUM DATE: September 25,2002 TO: James Roberts County Administrator FROM: Debbie Frederick, Aide to County Administrator Pamela G. Han('~ Deputy Clerk a ATTN: At the September 18, 2002, Board of County Commissioners meeting the Board granted approval and authorized execution of a Grant Agreement between Monroe County and the Florida Department of Environmental Protection, Florida Recreation Development Assistance Program (FRDAP), Project Grant Agreement (FY 2002-03) - Development, Contract No. F3666, for funding of a portion of Jacobs Water Park. p;/ Enclosed are three duplicate originals of the above mentioned, executed on behalf of Monroe County, for your handling. Please be sure that the fully executed "Monroe County Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as possible. Should you have any questions please do not hesitate to contact this office. 4' "'-.4 ,. cc: Finance w/o document Cou7nty Attorney File -_._._~--_.".._---------------_._------_. Jeb Bush Governor Department of Environmental Protection Ms. Suzanne Hutton Monroe County Attorney Post Office Box 1026 Key West, Florida 33041-1026 Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 April 11 , 2002 RE: FRDAP Grants: Upper Keys Community Pool (F02208 - active grant) Jacobs Water Park (F03666 - outstanding application) Dear Ms. Hutton: As we discussed on April 1 0, 2002, enclosed are copies of our files for the FRDAP grants listed above. If you have any questions or concerns, please contact us at 850/488-7896. Cc: Danny L. Kolhage, Clerk Sincerely, ~~\/~ Rita Ventry Community Assistance Consultant Bureau of Design and Recreation Services Mail Station #585 :r o c::' z :> ~ c-, ~f: fTT~:7 CJ' '~ oC}. ~ 33 ;:, . 0 -In. :<,-;::C 'J> "TI C') ~ rrJ "More Protection, Less Process" Printed on recycled paper. David B. Struhs Secretary l""-...) ~ '::::0 r--.,,) :Do> " :::0 " - r- ", o " a :::0 :::0 m ("') a :::0 o en ~ ::r o CJ", Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 David B. Struhs Secretary August 23, 2002 Mr. Jim Roberts County Administrator Monroe County 1100 Simonton Street, Suite 205 Key West, Florida 33040-1026 Re: Jacobs Water Park FRDAP Project No. F03666 Dear Mr. Roberts: Attached is your project agreement for the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your grant application. It is important that you review the agreement to ensure that information specific to your project is accurate. --.-"'-.'-".""-..-- . . Please execute-an~pies of the agreement. In signing the a eement, do not ) \ complete the blank space for the date. Ouf'staff\vill date the agreement when xecuted by "'----!,!1e Department and one original copy will be re~d to you. ---....-.- -.... Thank you -foryour attention 10tliis :matter. If you have any questions, please contact us at (850) 488-7896 or Suncom 278-7896. --- Sincerely, \2~2~U,~~ Rita F. Ventry Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 RFV lId Attachment "More Protection, Less Process" Printed on recycled paper. ~~ ,'OlE ~~\. ~~f$ ,___ ~ . ::0:: ~ FLO 0C>0 ~-;;q _-lJ~~~C~~~ lai . ~ '-- ..... Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 David B. Struhs Secretary October 21,2002 Mr. Jim Roberts County Administrator Monroe County 1100 Simonton Street, Suite 205 Key West, Florida 33040-1026 --.-------------.-------, n.n :,., ;" .. ~\ Re: J acobs Water Park FRDAP Project No. F03666 I I~' : OCT 2 4. 2002 ! ~""~",' .~-~ ~! f !"", I ,I' . I U", ~ ! I , 'I --~----~ i'. '_ r- ------ - - -- - Dear Mr. Roberts: The attached project file contains the fully executed agreement. We have provided this file for your use and hope it will be helpful in complying with the administrative requirements of this grant. The file is divided into two sections. The first section contains the grant agreement and grant accountability policy. Please review and familiarize yourself with each document. The second section includes a status report form, which may be duplicated for use each month, reimbursement request forms and the documentation due upon completion of the project, with several examples. We also would like to remind you of the following: 1. Construction or acquisition can not begin until all commencement documentation has been received and approved by this office. This process should be completed by April 1, 2003. 2. For development projects, the Department shall retain not less then 10% of the grant award until the Grantee completes the project and staff completes an on-site inspection, 3. Quarterly status reports are required (due January 5, AprilS, July 5 and October 5). Please summarize work accomplished and any problems encountered. 4. The project should be completed before the completion date set forth in the grant agreement and all reimbursement requests submitted within thirty days after completion. "More ProtectIon, '-.ess Process" Printed on recycled paper. /~~~/~~ 1M E M 0 RAN () U M I To: /Danny Kolhage, County Clerk /Suzanne Hutton, Assistant County Attorney /Dent Pierce, Director of Public Works /t;>avid Koppel, County Engineer /Margy McMennamy, Grants Acquisition Administrator Cc: Ken Sorensen, State Representative Timothy J. Bricker, President Upper Keys Community Pool, Inc. From: James L. Roberts, County Administrator Date: October 28, 2002 RE: FRDAP Grant We have just received the FRDAP Grant package from the Department of Environmental Protection. For your information, I am enclosing the entire package so that all involved in the process can see the issues and the complications. One item that seems somewhat different in this agreement is the requirement that project payments be made on a reimbursement basis. That means that justification will have to be submitted to the County Clerk who will determine whether they can be paid, and the County will have to draw down funds from the State. It should be noted in Section 5 of the agreement that the State has 60 days after the receipt of the request, payment can then be approved. If you have any questions, please let me know. ~2~. James L. Roberts County Administrator JLR:pe Monml)unty CIerIr's 0IIIce0rtghMd F3666 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Grant Agreement (FY 2002-03) - Development This Agreement is made and entered into this \ ~ day of \)C1K)~ , 200~ by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and MONROE COUNTY, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Project Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE, The GRANTEE shall comply with all provisions of the RULE effective August 23,2000, 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 have application to this Project Agreement, 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Jacobs Water Park (Florida Recreation Development Assistance Program, FRDAP Project Number F03666), hereinafter called the PROJECT, and enters into this Project Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Page 1 of 10 Pre-reimbursement/Commencement Documentation Form, DEP Form FPS- A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Water Playground, Renovation of Hiking Trail, Restroom, Security Lighting and Other Related Support Facilities. 4, The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000,00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount GRANTEE Match $ 200,000 $ 200,000 50% 50% Type of Match Cash and/or In-Kind Services, Land Value 5. 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 request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT, If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5,058(6)2(g), the DEPARTMENT will approve the request for payment. 6, 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 State Comptroller's Voucher Processing Handbook at (<htto://www.dbf.state.fl.us/aadir/mainindex.html) . Page 2 of 10 7. 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 GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE, The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 8. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries, Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 9. It is understood by the parties that the amount of this Project Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Project Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. 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 as set forth in s.62D-5,055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Project Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 11, Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5,058(6) (f) 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. Page 3 of 10 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 Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7) (c) of the RULE. 13. This Project Agreement shall become effective upon execution and the GRANTEE sh~l~_~omvlete construction of all PROJECT ELEMENTS on or before O~uPI-~1 ~)D6 (hereinafter referred to as the PROJECT completion date)'. The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. PROJECT must be completed within 5 years, or money may revert. 14. Project completion means the project is open and available for use by the public, Project must be completed prior to release of final reimbursement. 15. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the five-year retention period. 16. In addition to the provisions contained in Paragraph 15 above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment I, Exhibit-I, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-l shall summarize the funding sources supporting the Project Agreement for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment I, Exhibit-I, the GRANTEE shall notify the Department's FRDAP Grants Administrator at 850/488-7896 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 non- compliance 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 Page 4 of 10 documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 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 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 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. 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 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, 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, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Page 5 of 10 Grantee's Grant Manager Department's Grant Manager Mr. Jim Roberts County Administrator 1100 Simonton Street, Suite 205 Key West, Florida, 33040-1026 Rita Ventry Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 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 Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has 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 FRDAP 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 begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the Department. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D-5.059(1). Land under Page 6 of 10 control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use, 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Project Agreement will result in cancellation of the Project Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the Project Agreement and may result in the imposition of the terms in Paragraph 25, 29. 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. 30, If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this Project Agreement. 31, The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Florida Legislature. 32, This Project Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the legislative, judicial, or executive branch of local, state, or federal government. 33. 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. Page 7 of 10 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. 34, 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. 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of the Immigration and Nationality Act 8 USCA s.1324a(1) (A). If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Project Agreement, The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Project Agreement. 36. 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. 37, 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 Page 8 of 10 Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 38. 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. 39. 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. 40. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 41. 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. /' " /.-"" /" /,/ ,/,,- /// // /' / Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Division ~~ Director (or Designee) of Recreation and Parks Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 - Z~V~ DEP Grant Manager ") %pp~v~d ~ to Form and Legality: ~i~folhn~as been pre-approved as to ~r~an14-~gality by Jerome I. CbhDSo~~sistant General Counsel, on ~1~2~~02 for use for one year. o I -.J ,(..;l u... >-:s:::w u ....Jo o LLJ z"'-l:: ~pq2-i58Z v~e~0~05-2002 . "" Page 10 of 10 By: Person Sign MONROE COUNTY Charles "Sonny" McCoy Printed Name Mayor, Board of County Commissioners Ti tIe Monroe County, FL Address: 1100 Si~Qnton Street, Su~t€"j:.65:'--,,, KeYWf~:' ":FQ:.ior_i da 33040 -1 026 /-<~~<J>; .,f;;~';/'~<: \~\,(E::~,. '>~L~~ .<;;:j":~9""O~ Gran SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S" as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures, By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection, In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the 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-133, as revised, 1. 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-133, as revised, EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2, In connection with the audit requirements addressed in Part I, paragraph 1" the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $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 of OMB Circular A-133, as revised, the cost ofthe 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 htto://aspe.os,dhhs,gov/cfda, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-203 (02-03) Page 1 of 4 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215,97(2)(l), 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 ofthe Executive Office of the Governor and the Comptroller; and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities, State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements, 2, In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215,97(7), Florida Statutes, This includes submission of a financial reporting package as defined by Section 215,97(2)(d), Florida Statutes, and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3, If the recipient expends less than $300,000 in State financial assistance in its fiscal year, 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 (CFSA), a recipient should access the Florida Single Audit Act website located at http://sun6,dms.state.fl.uslfsaa/catalog,htm or the Governor's Office of Policy and Budget website located at htto:/Iwww.eog.state.fl.us/for assistance, In addition to the above websites, the following websites may be accessed for information: Legislature's Website htto://www.leg,state,fl.us/, Governor's Website htto://www.flgov,coml, Department of Banking and Finance's Website htto://www.dbf.state.fl.us/. and the Auditor General's Website htto ://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i,e" the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements), Pursuant to Section 215,97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215,97, Florida Statutes, In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each ofthe following: A. The Department of Environmental Protection at each of the following addresses: Rita F. Ventry Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 DEP 55-203 (02-03) Page 2 of4 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 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: Rita F. Ventry Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3, Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Rita F. Ventry Florida Department of Environmental Protection . Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 DEP 55-203 (02-03) Page 3 of 4 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: Rita F. Ventry Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 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 (specify appropriate number f!fyears, should be at least five years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, 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, Comptroller, or Auditor General upon request for a period of 3 (specify appropriate number of years) 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 55-203 (02-03) Page4,of4 '1"'1 I I- .... l:a .... ::c >< IU 19 Z ~ 9 ....J o LL. UJ :::c l- LL. o t;; ...... (/) Z o U I- Z UJ ::E UJ UJ cr:: 19 <C (/) ...... :::c I- ~ I- Z <C ::::l (/) cr:: ::::l a.. I- Z UJ ...... a.. ...... U UJ cr:: UJ F ~ o UJ o cr:: ~ <C (/) o Z ::::l LL. c: :8~ 2Hg a 19 a. Q) (/)0... aB 0- <C ... c: ::J 0 E <C g :a c: ::J LL. .. ~I 'i .S! "6 II.. cu .c ..., '0 1;; 'in Q) c ~ 0 F v <C ..., 0 C LL. cu u E cu cu ~ c:[ III :E ..., 0 ..., ..., C ftS ~ l!! ~ .... 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Accountability Proce~ures Section E o Completion Documentation Section A - -- ._-- , .. ~. . ....':>..;~;":-..;."..:;,..i,.'<..,,>.:;.'F--I-"-"';.--'d""'::'D' .:",-,~-..)';'''', ;'t' -j 'f' :-E' "1'.:::;-,,--, ,::.,--,' ,":-:'. 't" --I""P' .. ..t"" M.... :,".'" ,":'i-':;c(::-:,:,'}(':"''''<''/':':''''>,.,., ..:,." .", '.: on a epa'Lmeno'- nVlronmen a' ro e\;Llon ',' -;" q """..-., ljf!~~~f~{4~~w(iin~i~~~r~lllfrliil~~~JJ~1~1~~~ Document DeveloDment Acquisition Site Plan, professionally done, color coded for X Different phases, signed and dated by grantee. List of Facilities and Improvements to be Built X Signed and dated by project liaison Permitting Certification (form enclosed) X Survey/Boundary Map sianed and sealed bv a X X reaistered surveyor (2 copies) Title Search for 30 years previous to application X X *Appraisal (1 copy) or Tax Assessed Value *X -X REFER TO NEXT TWO PAGES FOR DETAILED DESCRIPTIONS OF REQUIRED COMMENCEMENT DOCUMENTATION *Required for development projects utilizing land value as match. ** Appraisal by a state-approved appraiser is required for Acquisitions. FPS-A034 Revised 9/26/00 N:~rants\Forms\Commencement Oocuments\Commencecklist,doc .. - k~~ i~D Florida Department of Environmental Protection Florida Recreation Development Assistance Program Pre-Reimbursement/Commencement Documentation - Development Prior to requesting reimbursements, submit the following items to the Department for approval: 1. A professional site plan (detail specifications not required). In addition, the project liaison is required to sign and date the site plans, If part of a larger simultaneous development or part of a phased project, highlight each phase and the current projects elements, (2 copies) 2, A list identifying the quantity and type of primary outdoor recreation areas and facilities and support facilities to be constructed, and cost estimate for each item, signed and dated by the project liaison, (example attached) 3. Permitting Certification form signed and dated by the liaison agent. 4. A boundary survey of the project site, which includes a legal description of the property, prepared and signed and sealed by a Florida, registered land surveyor. The survey must be updated to within one year of the closing date of the application submission period. (2 copies) 5. The results of a title search of the project area covering the thirty (30) year period prior to approval by Department Secretary, or a copy of title insurance which attests to a clear title owned by the grantee, with no liens, encumbrances or taxes held against the property, If a title search has not been done or title insurance has not been purchased, the grantee's attorney can attest to a clear title owned by the grantee, with no liens, encumbrances or taxes held against the property by using the attached form. A warranty deed will not suffice. 6. If land will be used as a match, send either a copy of the taxed assessed value or a comolete aooraisal supporting fair market value of land utilized as project matching funds. Appraisal must be no earlier than one year prior to the closing date of the submission period, The appraisal must be prepared by an appraiser included on the list of approved appraisers maintained by the Department's Division of State Lands (DSL). (One Copy) Following approval of this documentation, the Department will issue written authorization to commence project development and submit reimbursement request. Revisecl11 AX> N:'Grants\forms\Commencemerit Document&\DeYCOmmencellst.doc - I~ Florida Department of Environmental Protection Florida Recreation Development Assistance Program Pre - Reimbursement/Commencement Documentation - Acquisition Prior to reimbursement or commencement of project acquisition, submit the following items to the Department for approval: 1. An appraisal supporting fair market value of land to be acquired. If the property is $500,000 or less in appraised value, an appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisal(s) shall be dated no earlier than (6) months prior to the closing date of the application period, The appraisal must be prepared by an appraiser included on the list of approved appraisers maintained by the Department's Division of State Lands (DSL). 2. A boundary survey of the project site, vvhich includes a legal description of the property, prepared, signed and sealed by a Florida, registered land surveyor. The survey must be updated to within one year of the closing date of the application submission period, (2 copies) 3, The results of a title search of the project area covering the thirty (30) year period prior to approval by Department Secretary, or a copy of title insurance, If a title search has not been done or title insurance has not been purchased, the grantee's attorney can attest to a clear title owned by the grantee, with no liens or taxes held against the property by using the attached form. Following approval of this documentation, the Department will issue written authorization to commence project acquisition and submit reimbursement requests. Revised 11/00 N:~nts\Forms\Corrimencement Documents\acqcommencelist,doc ,- TIDRTY , .AR OWNERSIDP & ENCUMBRAt . - EARCH I HEREBY CERTIFY that I have checked the records of County, Florida for the . as to the land hereinafter described and that said records reflect tbat tbe record title to said land appears in the name of: OWNER'S NAME: ACQUIRED BY: FROM: DATED: RECORDED IN: DESCRIPTION OF LAND: FILED: SUBJECT TO THE FOLLOWING: 1. OUTSTANDING MORTGAGES: 2. OUTSTANDING LEASES: 3. EASEMENTS: 4, OPEN JUDGEMENTS: 5. UNPAID TAXES: 6. UNPAID TAX LEINS of any kind: 7, UNPAID UENS: 8. RESERVATIONS OF ANY KIND: 9. DECEDENTS ESTATES PENDING whereby ownership is affected: 10. ANY OTHER DEFECTS REFLECTED by the record: DATED at CoUllty, Florida, this BY: 1ULE: (Grantee Attorney or Title Abstractor) ~J> .. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Permlttina Certification PROJECT NAME: GRANTEE: FRDAP NUMBER Date Project Liaison Agent FPS-A035 Revised 7/13/00 N:\grants\Fonns\Commencement Documents~ennltting Certlfication.doc Section B FLORIDA DEP /lENT OF ENVIRONMENT- ~TECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM PROJECT STATUS REPORT Project Name: FRDAP Number: Project Sponsor: PROJECT ELEMENTS WORK ACCOMPLISHED % COMPLETED PROBLEMS ENCOUNTERED Period Covered (Check Appropriate Period) January through March : Due April 5th April through June : Due July 5th July through September : Due October 5th October through December : Due January 5th LIAISON: Date Signature (MS WORD) STATUS,DOC (8/13/98) Section C - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REIMBURSEMENT REQUEST CHECKLIST 1, Ensure check numbers and dates are listed on all Cost Schedules, 2. Ensure all forms are completed, signed and dated by the appropriate person. 3. Under the header DescriDtion give a brief explanation of work accomplished and the related project element. 4. Ensure that all expenditures were incurred prior to the termination date of the project, If checks are dated after the termination date, but work was completed before, attach a brief explanation, 5. Submit the Actual Cost Payment Request form [FPS-A039] with all reimbursement requests and attach all appropriate cost schedules. 6. Ensure that all cost schedule totals are correct. 7. Ensure that all expenditures incurred are related to the project elements as identified in the project agreement. Revised 6/4/02 ..... DEP h. .dENT OF ENVIRONME!'I"T AL PR0 _ L _ IN ACTUAL COST COI\'TRACT P A YMEI\"T REQUEST (ProJect) (Grantee) Billing Period: Billing #: DEP Division: Recreation and Parks DEP Program: FRDAP .................................................................................... . Proiect Costs This Billinl! Cumulative Proiect Costs Contractual Services FPS-A040 5 5 Grantee Labor FPS-A041 5 s Emolovee Benefits ( % of Salaries) 5 5 Direct Purchases: Materials & Suoolies FPS-A042 5 5 Grantee Stock FPS-A043 5 Eouioment FPS-A044 5 Land Value 5 Indirect Costs 5 (1 S% of Grantee Labor) TOTAL PROJECT COSTS s .5 5 5 s s CERTIFICATION: I hereby ccnify that the aboveCERTIFICATION: I hereby cenify that the documentation has expenses were incurred for the work being been maintained as required to suppon the project expenses accomplished in the attached progress repons, as reponed above and is available for audit upon request. Project AdministratorlDate Project Financial OfficerlDate ..................................................................................... 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M -.:t o < I tI.l e.. ~ Section D GRANT ACCOUN'l'ABILITY PROCEDURE EXHIBIT A Applicability The "Grant Accountability Procedure" establishes guidelines agreed upon by the parties for utilization in accounting for grant funds disbursed through grant programs administered by the Bureau of Design and Recreation Services, Division of Recreation and Parks, Department of Environmental Protection (hereinafter "Bureau") for the mutual benefit of the parties. These procedures set forth principles for determining eligible costs, supporting documentation, and minimum reporting requirements to assist both parties in receiving appropriate and timely payment by the Office of the Comptroller. Disbursement of Funds Funds shall be disbursed by the Bureau in accordance with good cash management principles. Grant funds shall be disbursed as set forth within the agreement and provided for by law. The Bureau shall retain up to 10% of its obligation in order to insure compliance with agreement terms and conditions. Retained funds shall be released upon satisfactory completion of said terms and conditions. Disbursement terms shall be negotiated by 1 the parties prior to execution of the agreement and shall be clearly identified in the agreement between the Department and grantee. Reimbursable Costs To be eligible for payment under a project grant agreement, costs must be necessary and reasonable for accomplishment of the project and be directly allocable thereto pursuant to State or Federal laws, rules, or regulations. Cost must be incurred and work performed within the agreement period with the exception of preagreement costs allowed by law or rule and specifically identified within the agreement or costs encumbered prior to , but paid for after the project completion date. Costs cannot be allocable to or included as a cost of any other State or Federally-financed program unless clearly specified in the agreement. Costs must be net of all applicable credits such as purchase discounts, allowances, sales of scrap, and income from incidental services. The following paragraphs identify eligible and ineligible costs under actual cost contracts subject to any limitations of State or Federal law. Contractual Services 2 Services provided for a grantee by private or independent contractors shall be evidenced by a formal agreement or contract executed by all appropriate parties specifying the exact terms and conditions. Competitive bid specifications and actual bids received shall be maintained by the grantee. The Contractual Services Purchases Schedule FPS-A040, attached hereto and incorporated herein as Attachment 1, shall accompany payment requests for contractual services. The contractor's name, check with voucher numbers and dates, contract invoice number, a general description of the services provided, and related project element shall be reported. Eligible Contract costs are costs of work performed by private or independent contractors or consultants that are directly related to the accomplishment of the project. Ineligible Contract costs are costs for work performed by private or independent contractors or consultants pursuant to cost plus or contingency fee contracts. Salaries and Wages Payroll registers or journals, payroll warrants, and other financial source documents shall be maintained to substantiate the rates of pay and actual payments to grantee employees. Hours of work reported for grantee employees shall be supported by individual time records, project activity reports, or other 3 operational cost records signed by the immediate field supervisor (foreman) or higher official. These record shall reflect the general categories of work performed. The Grantee Labor Cost Schedule FPS-A041, attached hereto and incorporated herein as Attachment 2, shall accompany payment requests for reimbursement of salaries and wages of grantee employees. The following information shall be reported: a. Last name of employee and initial; b. Job classification and description of work performed; c. Project hours this billing; d. Rate of pay; e. Labor cost this billing Eligible salaries and wages of employees are those paid by grantee for the performance of work directly related to the accomplishment of the project. Hourly wage rates shall be calculated by dividing the employee's regular gross annual salary for pay purposes by 2,080 gross annual work hours. Overtime charges for such employees shall be eligible costs provided they are necessary. Overtime charges shall be computed in accordance with the grantee's normal procedures for payment of overtime to employees. 4 Ineligible salaries and wages are those of employees responsible for administration and general activities who do not perform work directly related to accomplishment of the project; salaries and wages of employees paid for vacation, sick leave, or holidays, except as otherwise allowed herein; and salaries and wages of employees performing routine daily servicing of equipment, including general maintenance and repair work. Employee Benefits Calculations and supporting documentation used to determine the actual cost percentages incurred by the grantee for employee benefits shall be maintained by the grantee. Employee benefits shall be reported as a line item on payment requests. Eligible employee benefits are the percentage of eligible salaries and wages of grantee employees allowed as a reasonable reimbursement for benefits. The allowable percentage shall be calculated based on one of the following methods: I. A maximum of 15% of eligible salaries and wages of employees who accrue annual, sick, and holiday leave from the grantee; plus a maximum of 25% of eligible salaries and wages of employees who receive other benefits (such as FICA retirement, health and life insurance, and workers compensation) from the grantee; or 5 II. The actual cost percentage incurred by the grantee for employee benefits, if greater than the maximum of 40% as in (I) above, provided that the actual cost percentage can be documented by the grantee. Ineligible employee benefits are those in excess of the rates as established by either of the above methods. Materials and Supplies Direct Purchases: Vendor invoices shall be maintained that include a description of the items and quantity purchased, unit cost and total cost, less applicable discounts. Invoices shall also contain the delivery date, signature of an employee assigned to work on the project, and description of the general use for such materials or supplies. Purchase orders, requisitions, and competitive bid documentation, as applicable, shall be maintained by the grantee for such purchases. Canceled warrants shall be maintained as evidence of payment for such purchases. The Direct Material Purchases Schedule FPS-A042, attached hereto and incorporated herein as Attachment 3, shall accompany payment requests for direct material purchases, The vendor's name, check with voucher number and dates, vendor invoice number, cost, a general description of items purchased, and related project elements shall be reported. 6 Eligible costs of materials and supplies are those consumed or expended in accomplishing the project, including direct purchases from vendors and withdrawals from grantee's stock, and clothing of employees worn for safety purposes. Ineligible costs are those for small tools (e.g. shovels, saws, hammers, drills); clothing or uniforms worn by employees, except clothing worn for safety purposes; and operating, expendable, or replacement parts purchased for grantee-owned equipment used on the project. Equipment Equipment usage logs, project activity reports, or other operational cost reports shall be maintained to reflect the daily use of each piece of equipment. These records shall reflect the general work performed, the name of the equipment operator, and the actual dates and hours of use. These records shall be signed by the immediate field supervisor (foreman) or higher official. Invoices and other documentation, such as canceled checks and purchase orders, shall be maintained to support charges for rental costs of equipment obtained from independent sources. The Grantee Equipment Cost Schedule FPS- A044, attached hereto and incorporated herein as Attachment 4, shall accompany payment request for equipment rental costs or fbr utilization of grantee-owned equipment. The report (form) shall 7 include the type of equipment and general use, rates or rental costs, actual operating hours, and operating allowances. Eligible costs are all reasonable costs for rental or use of equipment which is required to be used or kept available at the site for accomplishment of the project, except as otherwise specified herein. Such costs shall be computed as follows: I, The actual cost incurred for the rental of equipment by the grantee from independent sources for the time such equipment is used or required to be available to accomplish the project. II. Rental rates for the use of grantee-owned equipment, provided the use of each piece of equipment is necessary for accomplishment of the project. Ineligible costs are costs of repairs or servicing of grantee-owned equipment; rental charges incurred subsequent to the need for a piece of equipment for the project; and purchase of equipment for accomplishment of the project. Grantee Stock Materials or supplies taken from grantee's stock or inventory shall be supported by material requisitions or other 8 project cost records signed by the storekeeper and an employee assigned to work on the project. These source documents shall describe items in detail and identify the general use of such materials in the project. Appropriate records (e.g., vendor invoices, canceled checks) shall be maintained to support unit costs of the materials based upon the grantee's inventory evaluation. An inventory system with procedures and records in accordance with generally accepted accounting principles should be maintained by the grantee. No warehouse or overhead charges added by the grantee shall be allowed. The Grantee Stock Material Cost Schedule FPS-A043, attached hereto and incorporated herein as Attachment 5, shall accompany payment requests for materials utilized from the grantee's stock or inventories. The material requisition date and number, general description of materials used, and applicable costs shall be reported on the form. Indirect Costs Indirect costs shall be calculated at the approved rate and shall be reported as a line item on payment requests. No specific supporting documentation need be supplied for an approved cost rate unless otherwise specified in the agreement, Eligible costs are the percentage of costs incurred by the grantee which shall not exceed fifteen percent (15%) of 9 eligible salaries and wages of grantee employees (not to include employee benefits), is eligible as indirect costs. The Bureau is authorized to approve a greater rate when an agency documents the need for such rate using generally accepted accounting standards, or when a greater rate is required for the administration of federal funds, except that no rate shall exceed that established by law. Ineligible costs are Indirect costs in excess of the rate established by statute or these procedures. Record Retention and Audits The agreement executed between the Department and grantee establishes the eligible costs, supporting documentation, and billing requirements for the project. In addition to the billing requirements contained in the agreement, grantees, upon request of the Auditor General, Inspector General, or Comptroller of the State of Florida, pursuant to their statutory authority, or the Department, shall supply documentation (such as payrolls, paid invoices, canceled checks, indirect cost calculations) to support their billings. Costs connected with the solicitation or receipt of a grant or contract shall be the responsibility of the grantee and are not eligible for payment, except for allowed planning expenses set forth in the Agreement or in the law governing the programs administered by the Bureau. 10 The grantee shall retain all original records in support of project costs included in the payment requests for five fiscal years after the fiscal year in which final grant payment was made to the grantee, except that such records shall be retained until resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of the three-year retention period. All records of the grantee in support of project costs included in payment requests shall be subject to review by the Bureau, the Auditor General, Inspector General, State Comptroller, federal auditors, or others who may be authorized by law to audit the records of the Bureau which involve the grantee. Records of the grantee shall be made available at a reasonable time and place at no cost to the auditor unless otherwise required by law. 11 Section E - -:...-- ~ -- -- - ~'~" .~.' ~i 'L~ ~~-, l!I ;'.-... . . .: --;.:,.~.-. Document Development ACQuisition Project Completion Certification (form enclosed) X X As-Built Site Plan, 2 copies (Signed and sealed By a certified engineer, surveyor, or architect X and Grantee.) List of Constructed Facilities and Improvements X signed and dated by project liaison (See sample) Florida Recreation and Parks Inventory Form X X (Form enclosed) Color Photographs of project and Identification X X Sign, Certification of Filing of Notice X X Of Limitation of Use (form enclosed) Final Payment Request (form enclosed) X X Evidence of Title X Buyer-seller Financial Statement X Issued at Closing PLEASE REFER TO THE FOLLOWING 2 PAGES FOR DETAILED DESCRIPTIONS OF REQUIRED COMPLETION DOCUMENTATION FPS-A036 Revised (11,00) N:'lgrants\Forms\Grantee Contract packet\COmpcklist.doc .,-, .~ 61~. '7. ... I . II .' Florida Department Of Environmental Protection Florida Recreation Development Assistance Program Development Completion Documentation Notify DEP immediately after completion of project construction that the project is complete and send the following: 1. Project Completion Certificate, dated and signed by the liaison agent. (Two Copies). 2. A final "as built" site plan signed, sealed, and dated by a certified engineer, surveyor, or architect and signed by the grantee (detailed specifications not required). In addition, if there are different phases included in the project please color code them, 3, A list of constructed primary outdoor recreation areas and support facilities dated and signed by the liaison agent. (Two Copies) 4. Florida Recreation and Parks Inventory form describing the entire park. (Form enclosed) 5. Photographs of the completed project including the Identification Sign or plaque crediting both the Florida Department of Environmental Protection and FRDAP. 6. Certification that the "Notice of Limitation of Use" statement has been filed as a permanent part of public property records available for public inspection. (A copy of the project agreement, to date boundary map, and the "Notice of Limitation of Use" statement must be filed with public property records.) 7. Final payment request. Submit all applicable forms with all information completed on each form, Please include all check numbers, dates, amounts and descriptions, Remember that 10% of total grant amount (retainage) will be held until final inspection has been completed. Revised (6J02) N:'Granb\Forms\Grantee contract packet\DeVCOmpllst,doc .. Florida Department Of Environmental Protection Florida Recreation Development Assistance Program ACQuisition Completion Documentation Notify DEP immediately after completion of project acquisition that the site has been acquired and send the following: 1, Project Completion Certificate, dated and signed by the liaison agent. (Two Copies) 2. Florida Recreation and Parks Inventory form describing the entire park. (Form Enclosed) 3. Photographs of the acquisition site including the Department identification sign or plaque crediting both the Florida Department of Environmental Protection and FRDAP, 4. Certification that the "Notice of Limitation of Use" statement has been filed as a permanent part of public property records available for public inspection. (A copy of the project agreement, to date boundary map, and the "Notice of Limitation of Use" statement must be filed with public property records.) 5. Final payment request. Submit all applicable forms with all information completed on each form. Please include all check numbers, dates, amounts and descriptions. 6. Evidence of Title: Submit a copy of the deed, 7. Copy of Buyer-Seller Financial Closing Statement. Revised (11,00) N:~rants\Fonns\Grantee Contract Packet\AcqComplisldoc A .~ .. FLORIDA DEPA". .v1ENT OF ENVIRONMENTAL ~I "JTECTION STANDARD LANGUAGE FOR PROPERTY RECORDS FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Notice of Limitation of Use/Site Dedication The Property identified in the attached project agreement and boundary map has been acquired or developed by the project sponsor with financial assistance provided by the Florida Department of Environmental Protection (DEP) in accordance with Program statutes. Pursuant to requirements of that rule, land already owne,d and then developed or land acquired by the project sponsor with grant assistance shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the general public. Leased land developed by the project sponsor with program assistance shall be dedicated as an outdoor recreation area for the general public for a minimum of twenty- five (25) years after completion of development. If the project sponsor should convert any part of the project area or the facilities thereon, whether acquired or developed with grant assistance, to other than PEP approved recreational uses, the project sponsor shall replace the area and facilities at its own expense with a DEP approved project of comparable or greater scope and quality. In lieu of such replacement, DEP may require return of grant funds disbursed to the project sponsor, Grant funds shall be refunded with interest, calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve. I certify that copies of the Notice of Limitation of UselSite Dedication form, project agreement and project boundary map have been filed in the County Courthouse with the deed to the property on which the following grant project is located: FRDAP Project Name and Number Signature of Liaison Agent Typed Name and Title Date FPS-A038 (8/13/98) A.. .. FLORIDA DE. TMENT OF ENVIRONMEN , .OTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Project Name: FRDAP Number: Project Sponsor: I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement executed between and the Florida (Project Sponsor) Department of Environmental Protection dated the ; that all funds allocated for the project were expended pursuant to the Project Agreement; that all goods and services for accomplishment of the project were negotiated and procured in accordance with applicable law and funding program requirements; that all project acquisition or construction was completed on which was on or prior to the acquisition or constructioJ:l completion date specified in the Project Agreement; and that the project was completed in accordance with the final project plans (site. architectural, engineering) prepared for the project. 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FXXXXX PRIMARY FACILITIES/AREAS: 1,500 L.F. BOARDWALK/NATURE TRAIL 5 PICNIC FACILITIES (SHELTERS, TABLES, GRILLS) 1 PICNIC PAVILION 15' X 50' 1 BOAT RAMP 24'W 2 SOFTBALL FIELDS-ADUL T-L1GHTED 1 T -BALL FIELD-LIGHTED 2 LITTLE LEAGUE BASEBALL FIELDS-LIGHTED 1 PLAY STRUCTURE SUPPORT FACILITIES/AREAS: 1 RESTROOM 5 BENCHES 100 SPACES GRASS PARKING LOT 20 SPACES BOAT TRAILER PARKING 10 TRASH RECEPTACLES ESTIMATED COST: $>OOO<.XX $ XXX,XX $>OOO<.XX $>OOO<.XX $XXXX.XX $>OOO<,XX $XXXX.XX $ XXX.XX $XXXX,XX S XXX.XX SXXXX.XX SXXXX,XX $ XXX,XX $ TOTAL PROJECT COST (8/13/98) ( ,d}ro ( norlda Recreation Development Assis"mdc:e Program Sign Requirements The project sponsor Is required to erect a permanent Information sign or plaque which credits the Florida Department of Environmental Protection (DEP) and the Florida Recreation DevelopmentAsslstance Program. The sign must be made of appropriate materials which will be durable for a minimum of twenty-five years after the project Is complete. The sign must be Installed on the project site and approved by DEP before final reim- bursement Is processed. EXAMPLE: This City, Florida crry p ~\R.~< Developed with financial assistance provided by the Florida Department of Environmental Protection through the Florida Recreation DevelopmentAssistance Program