1241-FDEP Goldsboro TrailFlorida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
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March 17, 2008
Mr. Marc Hultin, Manager
Parks & Grounds Operations
City of Sanford
Post Office Box 1788
Sanford, Florida 32772 -1788
Re: Goldsboro Trail
Recreational Trails Program Project No. T27031
Dear Mr. Hultin:
Enclosed is a copy of the fully executed state/ local agreement. Please review the
implementation packet previously provided to you. All commencement and
environmental documentation must be received prior to beginning the project. Once the
documentation has been reviewed and approved we will send written authorization to
commence.
If you have any questions or need assistance, please contact our office at (850) 245 -2065.
We look forward to working with you on this valuable recreational trail project.
Sincerely,
Alexandra H. Weiss, CPM
Greenways & Trails Coordinator
Office of Greenways & Trails
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T27031
(RTP Project Number)
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T2731
(DEP Project Agreement #)
CFDA # 20.219
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
FISCAL YEAR 2007 - 2008
PROJECT AGREEMENT
This project agreement ( "Project Agreement ") is entered into between the State of
Florida Department of Environmental Protection, whose address is 3900 Commonwealth
Boulevard, Mail Station 795, Tallahassee, Florida, 32399 (hereinafter referred to as
"Department "), and the City of Sanford, Florida, whose address is Post Office Box 1788,
Sanford, Florida 32772 -1788 (hereinafter referred to as "Grantee" or "Recipient "), in
furtherance of a recreational trail project, Goldsboro Trail to be described herein. The
execution date of this Project Agreement is V�bfuaru aCY, aa08
WHEREAS, the Department receives funds for the purpose of passing through the
agency as grants to other entities in accordance with Chapter 260, Florida Statutes; and,
WHEREAS, the Department receives funds from the Federal Highway
Administration to fund such grants; and,
WHEREAS, the Grantee has proposed and the Department has approved a
recreational trail project.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Department and Grantee hereby agree as follows:
This Project Agreement shall be effective upon execution of this Project Agreement
and end no later than - asp DO( 6 , inclusive. The Project
Agreement shall be performed pursuant to Chapter 62S -2, F.A.C.; the National
Recreational Trails Fund Act of 1991, 23 U.S.C. 104 and 206, as amended
(hereinafter referred to as "Program "); and in accordance with general provisions
for such agreements prescribed by the United States Department of Transportation,
Federal Highway Administration (hereinafter referred to as "FHWA ") in the FHWA
Interim Guidance (hereinafter referred to as "Guidance ") and the State of Florida
Department of Transportation's Project Development & Environment Manual,
(hereinafter referred to as the "FDOT PD &E Manual "). The Grantee shall comply
with all applicable state and federal laws and regulations, including the National
Environmental Policy Act, the implementing regulations contained in the Code of
Federal Regulations, specifically 23 CFR Part 771, and the Federal -Aid Policy
Guide referred to in the Guidance. The Grantee agrees to become familiar with and
comply with all provisions of Chapter 62S -2, F.A.C. and the Guidance which are
utilized to comply with many of the aforementioned rules and regulations. Chapter
62S -2, F.A.C. and the Guidance are incorporated into this Project Agreement by
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DEP Project Agreement No. T2731 , Page 1 of 12
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reference as if fully set forth herein. In the event a dispute arises between the
parties concerning the intent of any language contained in this Project Agreement,
the same shall be resolved by the adoption of that meaning which furthers the intent
and purpose of the above referenced Acts of Congress and the general provisions
governing this Project Agreement. No such construction shall be contrary to the
requirements of the Acts of Congress or of the regulations of the FHWA.
2. By acceptance of the Program grant, the Grantee agrees to comply with the
requirements of Title VI of the Civil Rights Act of 1964; the Architectural Barriers Act
of 1968; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of
1975; the Drug -Free Workplace Act of 1988; the Americans With Disabilities Act of
1990; 31 U.S.C. 1352, regarding limitations on use of appropriated funds to lobby or
otherwise influence federal contracting and financial transactions; Executive Order
12549, regarding federal debarment and suspension of contractors; Section 8136 of
the Department of Defense Appropriations Act, which requires inclusion of the
federal funding amount and the percentage of the total project that amount
represents in all public notices and documents describing the Project; and, Section
623 of the Treasury, Postal Service and General Government Appropriations Act of
1990, regarding public notice of federal funding in solicitations for goods and
services for projects with an aggregate value of $500,000.00 or more. It is the
intention of the parties hereto that none of the provisions of Section 163.01, Florida
Statutes, shall apply to this Project Agreement.
3. The Department has found that mixed -use non - motorized recreational trail is the
primary purpose of the project known as Goldsboro Trail, RTP Project Number
T27031, (hereinafter referred to as "Project "), and enters into this Project
Agreement with the Grantee for construction of recreational trail facilities and
improvements on real property controlled by the Grantee through ownership or
other interest. The legal description and approved method of site control of said
real property are set forth in full in the Project application. The approved Project
application, which includes the conceptual site development plan (description of the
Project, detailed budget, and anticipated deliverables), is incorporated into this
Project Agreement by reference as if fully set forth herein. Any revisions to the
conceptual site development plan as set forth in the approved Project application
must be formally requested by the Grantee and if agreed upon by the Department,
the modifications will be reduced to writing in an amendment to this Project
Agreement.
4. Prior to commencement of the Project, the Grantee shall submit for Department
approval the documentation described in the FDOT PD &E Manual, as provided in
the PD &E Data Survey. The Project may not commence until completion of the
Project Development & Environment Process, an environmental determination is
made by FHWA, and the determination is accepted by the Department and
approved by FHWA.
5. The Grantee shall construct, or cause the construction of, specified recreational trail
facilities and improvements, (hereinafter referred to as "Project Elements "), upon
DEP Project Agreement No. T2731 , Page 2 of 12
the real property identified in Paragraph 3., above. The following shall be
considered the Project Elements, which may be modified by the Department upon a
showing of good cause and the spirit and intent of the project is maintained:
construction of hard surface trail and related support facilities.
6. The Project Elements identified in Paragraph 5., above shall be designed and
constructed substantially in accordance with the conceptual site development plan
contained in the Project application. Project Elements shall be attractive for public
use, and generally consistent and compatible with the environment. Plans and
specifications for Project Elements shall be in accord with current and established
engineering and architectural practices. Emphasis should be given to the health
and safety of users, accessibility to the general public, and the protection of the
recreation and natural values of the area. Any and all utility lines installed within the
Project shall be placed underground. The Grantee shall have the Project Site plan
(site engineering and architectural) prepared by an architect or engineer licensed by
the State of Florida.
7. The Grantee shall complete all Project construction by the construction completion
date, VMIV O L 2E�2'012
8. Within sixty (60) days of completion of the Project and prior to release of the final
payment, the Grantee shall submit for Department staff approval the documentation
described in Chapter 62S -2, F.A.C.
9. Execution of this Project Agreement does not relieve the Grantee of the
responsibility to comply with all applicable federal, state, county, or municipal laws,
ordinances or rules; nor is the Grantee relieved of the responsibility to obtain any
permits, management agreements, leases or other authorization required by the
Department or any federal, state, county or municipal agency for acquisition or
development of the Project Site.
10. A. The Department shall pay the Grantee on a reimbursement basis the eligible
grant amount not to exceed $200,000, which will pay the federal Program's
share of the cost of the Project. Program fund limits are based upon the
following:
Total Grantee Amount
Grantee Match Amount
Total Project Cost
$ 200,000 (paid by the Department)
$ 200,000 (paid by the Grantee)
$ 400,000
Type of Match
Cash and /or In -Kind Services
B. The Grantee must provide from its accounting system, a list of expenditures
charged against this Project Agreement. The listing shall include, at a
minimum, a description of the goods or services purchased, date of the
transaction, voucher number, amount paid and vendor name. Allowable
costs will be determined in accordance with the cost principles applicable to
DEP Project Agreement No. T2731 , Page 3 of 12
the organization incurring the costs. The Grantee must also adhere to the
Office of Greenways and Trails' grant Accountability Procedures and
Guidance ( "Accountability Procedures ") (reviewed and approved by the
Federal Highway Administration), which are incorporated by reference, and
were included in the commencement documentation. For purposes of this
Project Agreement, the following federal cost principles are incorporated by
reference.
Organization Type
Applicable Cost Principles
State, local or Indian tribal
OMB Circular A -87
g overnment.
Private non - profit organization
OMB Circular A -122
other than an (1) institution of
higher education, (2) hospital, or
(3) organization named in OMB
Circular A -122 as not subject to
that circular.
Education Institutions
OMB Circular A -21
For - profit organization other than a
48 CFR Part 31, Contract Cost
hospital and an organization
Principles and Procedures
named in OMB A -122 as not
subject to that circular.
C. No travel is authorized under this Project Agreement.
D. Program funds shall be released by the Department, upon the request of the
Grantee's duly authorized grant manager and upon compliance with this
Project Agreement, as set forth herein. The Department will periodically
request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Project 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 Project 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 of Florida Department of Financial Services'
Reference Guide for State Expenditures at
hqp: / /www.fldfs.com /aadir /reference %5Fguide and allowable costs for Federal
Programs can be found under 48 CFR Part 31 at
http: / /www.access.jzpo.gov /nara/cfr /cfr- table- search.htmi and OMB Circulars A -87, A -122,
A -21, A -102 and A -110 at http: / /www.whitehouse.gov /omb/ circulars /index.html #numerical
E. The Department's grant manager shall, within sixty (60) days after receipt of
a complete payment request, review the submitted documentation and
DEP Project Agreement No. T2731 , Page 4 of 12
Project work accomplished to date, and, if complete pursuant to
requirements of this Project Agreement, approve the request for payment.
F. The Department shall retain 10% of the total grantee amount as the final
payment until completion and approval of the Project.
11. The Department and the Grantee fully understand and agree that there shall be no
reimbursement of funds by the Department for any obligation or expenditure made
prior to the execution of this Project Agreement with the exception of $0, for
planning, permitting, design performed on or after July 13, 2007.
12. The Grantee shall adhere to the Office of Greenways and Trails' Accountability
Procedures and Guidance, incorporated into this Project Agreement by reference
as if fully set forth herein. The Accountability Procedures establish uniform
guidelines and procedures to be utilized by the Department and the Grantee in
accounting for grant funds disbursed under the Program and sets forth principles for
determining eligible costs, supporting documentation and minimum reporting
requirements. Expenses, representing the grant amount and the required match,
shall be reported to the Department and summarized on certification forms
referenced in Chapter 62S -2, F.A.C. The Grantee shall maintain books, records
and documents directly pertinent to performance under this Project Agreement in
accordance with generally accepted accounting principles consistently applied. The
Department, the state, or their authorized representatives shall have access to such
records for audit purposes during the term of this Project Agreement and for five
years following Project Agreement completion. In the event any work is
subcontracted, the Grantee shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes.
13. A. In addition to the requirements of the preceding paragraph, the Grantee shall
comply with the applicable provisions contained in Attachment A (Special
Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to
Attachment A summarizes the funding sources supporting the Agreement
for purposes of assisting the Grantee in complying with the requirements of
Attachment A. A revised copy of Exhibit 1 must be provided to the Grantee
for each amendment which authorizes a funding increase or decrease. If the
Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify
the Department's grants development and review manager at 850/245 -2361
to request a copy of the updated information.
DEP Project Agreement No. T2731 , Page 5 of 12
B. The Grantee is hereby advised that the Federal and /or Florida Single Audit
Act Requirements may further apply to lower tier transactions that may be a
result of this Agreement. The Grantee shall consider the type of financial
assistance (federal and /or state) identified in Attachment A, Exhibit 1 when
making its determination. For federal financial assistance, the Grantee shall
utilize the guidance provided under OMB Circular A -133, Subpart B for
determining whether the relationship represents that of a subrecipient or
vendor. For state financial assistance, the Grantee shall utilize the form
entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs
Vendor Determination" (form number DFS- A2 -NS) that can be found under
the "Links /Forms" section appearing at the following website:
https: \ \apps.fldfs.com \fsaa
The Grantee should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the
applicability of these requirements.
14. A. The Department may terminate this Project Agreement at any time in the
event of the failure of the Grantee to fulfill any of its obligations under this
Project Agreement. Prior to termination, the Department shall provide thirty
(30) calendar days written notice of its intent to terminate and shall provide
the Grantee an opportunity to consult with the Department regarding the
reason(s) for termination.
B. The Department may terminate this Project Agreement for convenience by
providing the Grantee with thirty (30) calendar days written notice.
C. This Project Agreement may be unilaterally canceled by the Department for
refusal by the Grantee to allow public access to all documents, papers,
letters, or other material make or received by the Grantee in conjunction with
this Project Agreement, unless the records are exempt from section 24(a) of
Article I of the State Constitution and Section 119.07(1), Florida Statutes.
15. A. The Grantee may subcontract work under this Project Agreement without the
prior written consent of the Department's grant manager. The Grantee
agrees to be responsible for the fulfillment of all work elements included in
any subcontract 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 under the subcontract and that the Grantee shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B. The Department supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Project
Agreement embrace diversity enthusiastically. The award of subcontracts
DEP Project Agreement No. T2731 , Page 6 of 12
should reflect the full diversity of the citizens of the State of Florida. The
Department will be glad to furnish a list of minority owned businesses for
consideration in subcontracting opportunities.
16. Competitive open bidding and purchasing for construction of said Project facilities or
improvements shall comply with all applicable laws. Following completion of Project
construction, the Grantee's Grant Manager shall provide the Department with a
statement that all purchases or contracts for construction were competitively bid
pursuant to applicable laws.
17. The Grantee certifies that no Federal appropriated funds have been paid or will be
paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person
for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending or
modifying of any Federal contract, grant, or cooperative agreement. If any
non - Federal funds are used for lobbying activities as described above, the Grantee
shall submit Standard Form -LLL, "Disclosure of Lobbying Activities" (provided in
Federal Documents Packet), and shall file quarterly updates of any material
changes. The Grantee shall require the language of this certification to be included in
all subcontracts, and all subcontractors shall certify and disclose accordingly. [49
CFR 20].
18. A. In accordance with Executive Order 12549, Debarment and Suspension (49
CFR 29), the Grantee shall agree and certify that neither it, nor its principals,
is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency; and, that the Grantee shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person
who is similarly debarred or suspended from participating in this covered
transaction, unless authorized in writing by Federal Highway Administration
to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a copy of the form entitled "Certification Regarding
Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Federally Funded Transactions ", received as part of the Project Development
and Environment (PD &E) Materials.
C. As required by paragraphs A and B above, the Grantee shall include the
language of this section in all subcontracts or lower tier agreements executed
to support the Grantee's work under this Project Agreement. The Grantee
shall also provide a copy of the most current Debarment and Suspension
Form to any subcontractors for signature on agreements that are entered into
for $100,000 or more.
DEP Project Agreement No. T2731 , Page 7 of 12
19. The Department and FHWA shall have the right, through their agents, servants, and
employees designated for that purpose, to inspect the site of the Project and the
Project Elements thereon at any reasonable time.
20. Following receipt of an audit report identifying any refund due to the Department for
noncompliance by the Grantee with the Project Agreement, the Grantee will be
allowed sixty (60) days to submit additional pertinent documentation to offset any
amount identified as being due to the Department. The Department, following a
review of the documentation submitted by the Grantee, will inform the Grantee of
the total refund due to the Department.
21. The Department shall have the right to demand a refund, either in whole or in part,
of the funds provided to the Grantee for noncompliance with the terms of this
Project Agreement.
22. If the United States acting within the scope of its lawful authority, through the
FHWA, the Secretary of the FHWA, or any other branch of the government of the
United States, should for any reason demand a refund from the Department, in
whole or in part, of the funds provided to the Grantee under the terms of this Project
Agreement, the Grantee, upon notification from the Department, agrees to refund
and will forthwith repay directly to the Department the amount of money demanded.
23. Alexandra H. Weiss, Community Assistance Consultant, or her successor, is hereby
designated as the Department's grant manager for the purpose of this Project
Agreement. The grant manager shall be responsible for ensuring performance of
the terms and conditions of the Project Agreement and shall approve all
reimbursement requests prior to payment. The Grantee's grant manager, Marc
Hultin, or his /her successor, shall act on behalf of the Grantee relative to provisions
of this Project Agreement and shall submit to the Department signed quarterly
Project status reports, on a calendar basis, summarizing work accomplished,
problems encountered, percentage of completion and other pertinent information.
Photographs shall be submitted with status reports to reflect construction work
accomplished.
24. By acceptance of the provisions of this Project Agreement, the Grantee agrees to
dedicate the Project Site and all land within the Project boundaries, identified in
Paragraph 3 above, to the public as a recreational trail in accordance with section
62S- 2.076, F.A.C. The Parties further agree that the execution of this Project
Agreement by the Department shall constitute an acceptance of said dedication on
behalf of the general public of the State of Florida.
25. The Grantee agrees to operate and maintain the Project Site, as defined in
subsection 62S- 2.070(37), F.A.C., in accordance with section 62S- 2.076, F.A.C.
The Project Site and Project Elements shall be open to the general public for
recreational trail use, maintained in accordance with applicable health and safety
standards, and kept in good repair to prevent undue deterioration and provide for
safe public use. The Grantee covenants that it has full legal authority and financial
DEP Project Agreement No. T2731 , Page 8 of 12
ability to develop, operate and maintain the Project Elements as specified within
the terms of this Project Agreement. The Grantee shall obtain Department
approval prior to any and all current or future development of facilities on the
Project Site, as defined in subsection 62S- 2.070(37), F.A.C., if said development is
not described in Paragraph 5 herein.
26. The Grantee shall not, for any reason, convert all or any portion of the Project
boundary area for any purpose other than a recreational trail without prior approval
of the Department and FHWA pursuant to the Chapter 62S -2, F.A.C.
27. 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
Project Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not award or perform work
as a contractor, supplier, subcontractor, or consultant under contract with any
public entity, and may not transact business with any public entity. The State
of 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.
28. To the extent required by law, the Grantee will be self- insured against, or will secure
and maintain during the life of this Project Agreement, Workers' Compensation
Insurance for all of his employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
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 Project Agreement is not protected under
Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the
protection of his employees not otherwise protected.
29. 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.
DEP Project Agreement No. T2731 , Page 9 of 12
30. 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.
31. A. If for any reason the Grantee should fail to fulfill in a timely manner the
obligations under this Project Agreement, or if the Grantee should violate any
of the terms or conditions of this Project Agreement, the Department shall
thereafter have the right to terminate this Project Agreement without prior
notice. In the event the Department terminates this Project Agreement, the
Department is not required to compensate the Grantee for any expenses
incurred after such termination.
B. The Department shall terminate the Project Agreement if the commencement
documentation is not received and approved by the Department within twelve
months of the Project Agreement's execution. This time period may be
extended by the Department for good cause, such as natural disaster.
32. The purchase of non - expendable personal property or equipment costing $1,000 or
more is not authorized under the terms of this Project Agreement.
33. Asphalt paving for the Project shall conform to the State of Florida Department of
Transportation's specifications for road and bridge construction. Bid specifications,
contracts and /or purchase orders of the Grantee must specify thickness of asphalt
and square yards to be paved.
34. The Grantee agrees to adhere to all state and federal special terms and conditions
incorporated by reference as part of this Project Agreement as if fully set forth
herein.
35. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of the State of Florida. Wherever possible,
each provision of this Project Agreement shall be interpreted in such manner as to
be effective and valid under applicable law, but if any provision of this Projecl
Agreement shall be prohibited or invalid under applicable law, such provision shall
be ineffective to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Project Agreement.
Any action hereon or in connection herewith shall be brought in Leon County,
Florida, unless otherwise required by state law.
36. All notices related to this Project Agreement will be satisfied by sending notice by
certified U.S. mail to the following addresses of the parties:
Department Grant Manager:
Alexandra H. Weiss, Community Assistance Consultant
Office of Greenways and Trails
State of Florida Department of Environmental Protection
DEP Project Agreement No. T2731 , Page 10 of 12
3900 Commonwealth Boulevard, M.S. 795
Tallahassee, Florida 32399 -3000
Grantee's Grant Manager:
Marc Hultin, Manager
City of Sanford
Post Office Box 1788
Sanford, Florida 32772 -1788
37. The Grantee acknowledges prior receipt of the following documents. It is
understood that paragraphs B, C, and D include documents that must be filled out
by the Grantee and returned to the Department.
A. Federal award letter approving project application as submitted by the
Department.
B. Project Development and Environment (PD &E) Materials — includes PD &E
Data Sheet and Federal documents (survey, boundary map, Federal Form
424 - Budget Information, Drug -Free Workplace Certification, Civil Rights
Assurance of Compliance, Certification Regarding Lobbying, Debarment and
Suspension Form, Federal Congressional District of Applicant and Project
Site, FHWA Guidance, PD &E Data Survey.
C. Commencement Packet — includes Boundary Map with legal description, Site
Plan (signed and sealed), List of Facilities to be Constructed (signed and
dated), Pre - Construction Certification (signed and dated), Grant Project
PD &E Data Sheet (with back -up documentation).
D. Program Completion Packet — includes Project Completion Certification, As-
Built Site Plan (1 copy), List of Constructed Facilities and Improvements,
Color Photographs or Slides of the Project and Identification Sign,
Certification of Filing of Notice of Limitation of Use, Final Payment Request,
Certification of FHWA Guidance.
E. Recreational Trails Program Project Status Report (to be completed
quarterly).
F. Grant Accountability Procedures.
38. 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
signed by each of the parties hereto, and attached to the original of this Project
Agreement, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Project Agreement No. T2731 , Page 11 of 12
The parties hereto have caused these presents to be duly executed the day and
year last written below.
STATgOF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
A
r or designee, Office of
vays and Trails
Date: Z z f I Q
a"'AA 9 � 7 - -' \ - �'
DEP Grant Manager
Approved as to form and sufficiency:
DEP Pr (gram Aitorney
CITY OF SANFORD, F RIDA
By: C
Type Name:
Title: Ac e 01+Y MA00,969-
Date:
Z— Z"5 -09
Address:
Post Office Box 1788
Sanford, Florida 32772 -1788
Approved as to form and sufficiency:
Grantee Attorney (if required)
List of attachments /exhibits included as part of this Agreement:
Attachment A Special Audit Requirements (5 Pages)
DEP Project Agreement No. T2731 , Page 12 of 12
ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the State of Florida Department of Environmental Protection (which
may be referred to as the 'Department'; 'DEP ", 7DEP" 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 State of Florida 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 Project Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the State of Florida Department of Environmental Protection. In the
event the Department of Environmental Protection determines that a limited scope audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the
recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB
Circular A -133, as revised.
In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient
must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT 1 to this Project Agreement indicates federal funds awarded through the State
of Florida Department of Environmental Protection by this Project 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 State of Florida 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.
In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the
recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must
be paid from non - federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http:/ /12.46.245.173 /cfda /cfda.htmi.
DEP 55 -215 (02/07)
DEP Project Agreement No.T2731, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project - specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the State of
Florida Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Project
Agreement indicates state financial assistance awarded through the State of Florida Department of
Environmental Protection by this Project 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 State of Florida 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.
In connection with the audit requirements addressed in Part 11, 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), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General.
If the recipient expends less than $500,000 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 $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than state entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https: / /apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http: / /www. leg .state.fl.us /Welcomeiindex.cfm State of Florida's website at
http: / /www.myflorida.com / , Department of Financial Services' Website at http: / /www.fldfs.com/ and the
Auditor General's Website at http: / /www.state.fl.us /audgen
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the state awarding entity
that are solely a matter of that state awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, state agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the state awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A -133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55 -215 (02/07)
DEP Project Agreement No.T2731, Page 2 of 5
A. The State of Florida Department of Environmental Protection at the following address:
Audit Director
State of Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other federal agencies and pass- through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the State of Florida Department of Environmental Protection at the
following address:
Audit Director
State of Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Copies of financial reporting packages required by PART Il of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The State of Florida Department of Environmental Protection at the following address:
Audit Director
State of Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -215 (02/07)
DEP Project Agreement No.T2731, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the State of Florida Department of Environmental Protection at the
following address:
Audit Director
State of Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Any reports, management letters, or other information required to be submitted to the State of Florida
Department of Environmental Protection pursuant to this Project 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.
Recipients, when submitting financial reporting packages to the State of Florida 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 Project Agreement
for a period of 5 years from the date the audit report is issued, and shall allow the State of Florida Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the
date the audit report is issued, unless extended in writing by the State of Florida Department of Environmental
Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -215 (02/07)
DEP Project Agreement No.T2731, Page 4 of 5
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ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the State of Florida Department of Environmental Protection (which
may be referred to as the 'Department'; 'DEP ", 7DEP" 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 State of Florida 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 Project Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the State of Florida Department of Environmental Protection. In the
event the Department of Environmental Protection determines that a limited scope audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the
recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB
Circular A -133, as revised.
In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient
must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT 1 to this Project Agreement indicates federal funds awarded through the State
of Florida Department of Environmental Protection by this Project 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 State of Florida 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.
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.
If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the
recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must
be paid from non - federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httu:/ /12.46.245.173 /cfda /cfda.htmi.
DEP 55 -215 (02/07)
DEP Project Agreement No.T2731, Page 1 of 5