1640 FDEP Land & Water Conserv Agrmt L'/'°
"ATOP cr-r
♦-187 77-4
PUBLIC WORKS DEPARTMENT
r
TRANSMITTAL MEMORANDUM a
To: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order ❑ Mayor's signature
❑ Final Plat(original mylars) ❑ Recording
❑ Letter of Credit ❑ Rendering
❑ Maintenance Bond Safe keeping (Vault)
❑ Ordinance ❑
❑ Performance Bond
❑ Resolution ® City Attorney's Initials
❑ City Comm Item ® Finance Director's Initials _
® Purchase Manager Initials
lg( L PeoJecr geewn.e,o r i - Uv(l
0IA-5T(t ►4-rk (�ANT
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
C (Z L_ Sr&(ASlc.c 4 i
From Date
s,11.0ttOIECTION FLORIDA DEPARTMENT OF
0 ENVIRONMENTAL PROTECTION
P. FL OR MARJORY STONEMAN DOUGLAS BUILDING
FL®R �� 3900 COMMONWEALTH BOULEVARD
TALLAHASSEE, FLORIDA 32399-3000
January 30, 2014
Mr. Marc Hultin
Manager of Parks and Grounds
City of Sanford
P. O. Box 1788
300 N. Park Avenue
Sanford, FL 32772
Re: Coastline Park
LWCF Project No. 12-00610
Dear Mr. Hultin:
Enclosed is a copy of the fully executed state/local agreement. Please review the
implementation packet previously sent to you. All commencement 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) 245-2501.
We look forward to working with you on this recreation project.
Sincerely,
--k'ssi,,Y--
Rita Ventry
Community Assistance Consultant
Office of Operations
Land and Recreation Grants Section
Mail Station#585
I
Enclosure
•
12-00610 LW610
(LWCF Project Number) DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FY 2013 - 2014
PROJECT AGREEMENT - DEVELOPMENT
This Project Agreement is entered into between the FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and
the City of Sanford, whose address is P. O. Box 1788, Sanford, Florida, 32772
(hereinafter called the "Grantee"), a local government, in furtherance of the Coastline
Park Project, an approved Outdoor Recreation Project.
WHEREAS, the Department receives funds from the U.S. Department of the
Interior, National Park Service, for the purpose of passing through the agency as grants
to other entities in accordance with Section 375.021(4), Florida Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for Outdoor Recreation and Conservation; and,
WHEREAS, the Grantee has submitted Project Application number 12-00610,
which has been approved by the Department.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall become effective upon execution by both parties and
the Grantee shall complete construction of all Project Elements on or before
.,� 2.r' LoJ 7 (hereinafter referred to as the Project Completion Date).
Within thirty (30) calendar days from this project completion date, all payment
requests and completion documentation will be due to the Department. The Project
Agreement shall be performed in accordance with Chapter 62D-5, Part VII, Florida
Administrative Code (F.A.C.), effective July 15, 2001 (hereinafter called the Rule);
the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78
Stat 897, as amended, (hereinafter called the LWCF Act or the Program); and with
general provisions for such agreements prescribed by the United States
Department of the Interior (hereinafter called the USD01) in the LWCF Grants-in-
Aid Manual, (hereinafter called the Manual) including the Code of Federal
Regulations (CFRs) referenced below. The Manual refers to the CFRs applicable
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 1 of 18
i II
to this Project Agreement. The following table identifies several of the key CFRs
addressed in the Manual, but does not limit the Grantee to compliance with only the
CFRs identified in the table.
CFR Cite Title
36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post-
Completion Compliance Responsibilities
36 CFR 800.8 Coordination With the National Environmental Policy Act
43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance
Programs
43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of
Interior
The Grantee agrees to become familiar with all provisions and comply with the
Rule and Manual, including the above-stated provisions of the CFR, which are
incorporated into this Project Agreement by reference, as if fully set forth herein.
In the event a dispute should arise between the parties concerning the intent of
any language herein contained, the same shall be resolved by the adoption of
that meaning which furthers the intent and purpose of the Program and the
general provisions governing this Project Agreement as set forth in the Manual.
No construction shall be contrary to the requirements of any Act of Congress or
of the regulations of the Secretary of the Interior. This Project Agreement shall
be read in conjunction with the Rule. Unless defined herein, capitalized terms
used in this Project Agreement shall have the same meaning as those set forth in
the Rule.
2. The Department has found that public Outdoor Recreation is the primary purpose
of the Project known as Coastline Park (Land and Water Conservation Fund,
LWCF Project Number 12-00610), hereinafter called the Project, and enters into
this Project Agreement with the Grantee for the Development of that Real
Property identified in the Project Application, the legal description of which shall
be submitted to the Department on the Land and Water Conservation Fund
Program Approved Project Documentation Form, DEP Form FPS-A048. The
approved Project Work Plan, which includes the Project Elements (description of
Project, detailed budget, and deliverables) identified in the Project Application, is
incorporated into this Project Agreement as Attachment A, Project Work Plan.
3. The Grantee shall construct, or cause to be constructed, specified public Outdoor
Recreation Facilities and improvements consisting of the following Project
Elements: Hiking trail, picnic facility, water viewing area/pier, playground,
tennis court, basketball court, landscaping, restroom and other related
support facilities, as identified in the Grantee's approved Project Application
and Attachment A. These Project Elements may be modified by the Department
if the Grantee shows good cause and the Department approves the modification.
Any revisions to the Project Elements as set forth in the approved Project Work
Plan must be formally requested by the Grantee and, if agreed upon by the
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 2 of 18
i •
Department, the modifications will be reduced to writing in an amendment to this
Project Agreement.
4. The Project Elements identified in paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site Development
plan contained in the approved Project Application and Attachment A. Project
Site Facilities shall be attractive for public use, and generally consistent and
compatible with the environment. Plans and specifications for Project Site
improvements and Facilities shall be in accordance with current and established
engineering and architectural standards and practices. Emphasis should be
given to the health and safety of users, accessibility to the general public, and the
protection of the recreational and natural values of the area. This conceptual site
Development plan may be altered by the Grantee, only after written approval by
the Department. Any and all utility lines installed within the site shall be placed
underground. The Grantee shall have the final site Development plan (site
engineering and architectural) prepared and sealed by a registered architect or
engineer licensed in accordance with the laws of the State of Florida.
5. As consideration for the services rendered by the Grantee under the terms of this
Project Agreement, the Department shall pay the Grantee on a cost
reimbursement basis in an amount not to exceed $200,000 toward the total
Project Cost described in the approved Project Work Plan. Program fund limits
are based upon the following:
Total Grantee Amount $200,000 (paid by the Department)
Grantee Match Amount $ 200,000 (paid by the Grantee)
Total Project Cost $400,000
Type of Match Cash and/or In-Kind Services
6. Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in Rule 62D-5.069(31), F.A.C.) incurred by the Grantee prior to execution
of this Project Agreement as set forth in Rule 62D-5.073(2), F.A.C. The
Department and the Grantee fully understand and agree that there shall be no
reimbursement of Project funds by the Department for any expenditure made
prior to the execution of this Project Agreement with the exception of the
following expenditures, which meet the requirements of the foregoing sections of
the Rule.
Preagreement Expenses Approved:
Description of Work Performed Amount Approved
Preapproved Elements Preapproved Amount $0
Total Preagreement Expenses Approved: Preapproved Amount $0
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 3 of 18
. .
7. A. Prior to commencement of Project Development, the Grantee shall submit
to the Department the documentation required by the Land and Water
Conservation Fund Program Required Project Commencement
Documentation Form, DEP Form FPS-A050, referenced in Rule 62D-
5.073(7)(e), F.A.C. Upon determining that the documentation complies
with the Rule, the Department will give written notice to Grantee to
commence the Development.
B. Upon execution of this Project Agreement, the Grantee acknowledges the
prior receipt of the LWCF Grants-in-Aid Manual, the Division of Recreation
and Parks' Financial Reporting Procedures, and the required Project
commencement documents listed below that must be completed by the
Grantee, if applicable, and returned to the Department within sixty (60)
calendar days following the execution date of this Project Agreement.
This date may be extended upon written approval from the Department
Grant Manager, who is authorized to sign such approval letters.
C. Required Project Commencement Documentation for Development
Agreements:
1. A professional site plan (detail specifications not required). A
graphic document of the proposed Development that shows the
location of all existing and proposed buildings, Facilities, etc. that is
signed and dated by the Project liaison. If part of a larger
simultaneous Development or part of a phased Project, please
color code the current Project Elements and/or any phases/existing
elements. (3 copies)
2. Commencement Certification (Form FPS-A035)
3. A boundary survey of the Project Site, which includes a legal
description and sketch of the site's boundaries, display known
easements and encroachments, if any, be legally sufficient to
identify the site, and must be signed and sealed by a professional
surveyor and mapper licensed under provisions of Chapter 472,
F.S. The boundary survey submitted must not be larger than 11 in. x
17in. (3 copies)
4. The results of a title search or opinion prepared by a member of the
Florida Bar or Licensed title insurer of the Project area covering the
thirty (30) year period prior to approval by Department Secretary,
which attests to a clear title owned by the Grantee, with no liens,
encumbrances or taxes held against the property or a copy of title
insurance. A warranty deed will not suffice.
5. If Land Value will be used as a Match, send either a copy of the
taxed assessed value or a complete appraisal supporting fair market
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 4 of 18
• •
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). (CALL 850-245-2658) (1 Copy)
6. Certification of Manual Possession (Form FPS-A059)
8. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of Project construction and shall certify that it
has done so to the Department by completing the Land and Water Conservation
Program Commencement Certification, DEP Form FPS-A052, referenced in Rule
62D-5.073(7)(e)(1), F.A.C.
9. The Grantee shall complete all Project construction as identified in Attachment A,
by the completion date established in paragraph 1, above.
10. The Grantee shall submit a request for payment upon submittal of all
documentation required in Attachment A. Within sixty (60) calendar days after
receipt of a request for payment from the Grantee, the Department's Grant
Manager shall review the completion documentation and payment request from
the Grantee for the Project. If the documentation is sufficient and meets the
requirements of the Land and Water Conservation Fund Program Required
Project Completion Documentation Form, DEP Form FPS-A051, referenced in
Rule 62D-5.073(7)(e)2, F.A.C., the Department will approve the request for
payment. A final payment request must be submitted to the Department no later
than thirty (30) calendar days from the Final Completion Date, to assure the
availability of funds for payment. Payment requests submitted shall document all
matching funds and/or Match efforts (i.e. In-Kind services) provided during the
period covered by the request. The final payment will not be processed until the
Match requirement has been met.
11. In addition to the documentation requirements contained in paragraph 10 above,
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. When requested, this information must be provided within thirty (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 Department of Financial Services' Reference Guide for State
Expenditures at http://www.fldfs.com/aadir/reference%5Fguide; allowable costs
for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45
CFR Part 74, at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html and
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 5 of 18
•
OMB Circulars A-87(2 CFR, Part 225), A-122 (2 CFR, Part 230), A-21 (2 CFR,
Part 220); and administrative requirements can be found in OMB Circulars A-102
and A-110 (2 CFR, Part 215) at:
http://www.whitehouse.gov/omb/circulars/index.html#numerical.
12. Reimbursement for travel expenses is not authorized under this Project
Agreement.
13. The purchase of non-expendable equipment is not authorized under the terms of
this Project Agreement.
14. Allowable indirect costs, as defined in the Procedure, shall not exceed 15% of
the Grantee's eligible salaries/wages.
15. Contractual (Subcontractors) - Payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. When requested, Grantee shall submit such
documentation within thirty (30) calendar days of receipt of the Department's
request. Subcontracts which involve payments for direct salaries shall clearly
identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines
that multipliers charged by any subcontractor exceeded the rates supported by
audit, the Grantee shall be required to reimburse such funds to the Department
within thirty (30) calendar days of written notification. Interest on the excessive
charges shall be calculated based on the prevailing rate used by the State Board
of Administration. Additionally, independent of the Grantee's contract obligations
to the Subcontractor, the Department shall not reimburse any of the following
types of charges: cell phone usage, attorneys' fees other than title work, civil or
administrative penalties, handling fees, such as set percent overages associated
with purchasing supplies or equipment. All subcontracts are subject to the
provisions of paragraphs 11, 28 and 29 and any other appropriate provisions of
this Agreement which affect subcontracting activities.
16. The Grantee agrees to comply with the Division of Recreation and Parks'
Financial Reporting Procedures, formerly known as the Grant and Accountability
Procedures (hereinafter called "the Procedure") incorporated into this Project
Agreement by reference as if fully set forth herein. All purchases of goods and
services for accomplishment of the Project shall be secured in accordance with
the procurement requirements specified in 43 CFR 12.76. Expenses
representing the Project Costs, including the required Matching contribution, shall
be reported to the Department and summarized on certification forms referenced
in the Procedure. The Department and Grantee agree to use the Procedure
guidelines in accounting for LWCF funds disbursed under the Project. The
parties further agree that the principles for determining the eligible costs,
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 6 of 18
• •
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
17. Project completion means the Project is open and available for use by the public.
The Project must be verified to have reached Project completion prior to release
of final reimbursement.
18. A. 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 (5) 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.
B. The Grantee agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
19. A. In addition to the requirements of the preceding paragraph, the Grantee
shall comply with the applicable provisions contained in Attachment B
(Special Audit Requirements), attached hereto and made a part hereof.
Exhibit 1 to Attachment B summarizes the funding sources supporting the
Project Agreement for purposes of assisting the Grantee in complying with
the requirements of Attachment B. A revised copy of Exhibit 1 must be
provided to the Grantee for each amendment which authorizes a funding
increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grant Manager
identified in paragraph 23, to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single
Audit Act Requirements may further apply to lower tier transactions that
may be a result of this Project Agreement. The Grantee shall consider the
type of financial assistance (federal and/or state) identified in Attachment
B, Exhibit 1 when making its determination. For federal financial
assistance, the Grantee shall utilize the guidance provided under OMB
Circular A-133, Subpart B, Section .210 for determining whether the
relationship represents that of a subrecipient or vendor. For state financial
assistance, the Grantee shall utilize the form entitled "Checklist for
Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination"
(form number DFS-A2-NS) that can be found under the "Links/Forms"
section appearing at the following website:
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 7 of 18
https:\\apps.fldfs.com\fsaa
The Grantee should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the
applicability of these requirements.
20. Following receipt of an audit report identifying any reimbursement due the
Department for the Grantee's noncompliance with this Project Agreement, the
Grantee will be allowed a maximum of thirty (30) calendar days to submit
additional pertinent documentation to offset the amount identified as being due to
the Department. The Department, following a review of the documentation
submitted by the Grantee, will inform the Grantee of any reimbursement due the
Department.
21. Use the language in A., B., and C. below if the Grantee is not self insured.
A. The Grantee shall secure and maintain Commercial General Liability
insurance including bodily injury and property damage. The minimum
limits of liability shall be $100,000 each occurrence and $300,000
aggregate. This insurance will provide coverage for all claims that may
arise from the services and/or operations completed under this
Agreement, whether such services and/or operations are by the Grantee
or anyone directly or indirectly employed by him.
B. The Grantee shall secure and maintain Commercial Automobile Liability
insurance for all claims which may arise from the services and/or
operations under this Agreement, whether such services and/or
operations are by the Grantee or by anyone directly, or indirectly
employed by him. The minimum limits of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company Owned
Vehicles, if applicable
$300,000 Hired and Non-owned Liability Coverage
C. All insurance policies shall be with insurers licensed or eligible to do
business in the State of Florida. Such insurance shall include the State of
Florida as an Additional Insured for the entire length of the Agreement.
The Grantee's current certificate of insurance shall contain a provision that
the insurance will not be canceled for any reason except after thirty (30)
days written notice (with the exception of non-payment of premium which
requires a 10 day notice) to the Department's Procurement Administrator.
(NOTE: Certificates of Insurance showing coverage of Worker's
Compensation, Commercial, General Liability and Auto Limits must be
submitted PRIOR to execution of Agreement)
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 8 of 18
• S
The following language may replace the language in A, B and C above if the
Grantee is self-insured: (make sure you have something in writing from the CFO
confirming they are self-insured) NOTE: All state agencies are self insured.
The Grantee warrants and represents that it is self-funded for liability insurance,
appropriate and allowable under Florida law, and that such self-insurance offers
protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee.
22. To the extent required by law, the Grantee will be self-insured against, or will
secure and maintain during the life of this Project Agreement, Workers'
Compensation Insurance for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the Grantee shall require the
subcontractor to similarly provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the Grantee. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Project Agreement is not
protected under Florida Workers' Compensation law, the Grantee shall provide,
and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of those employees not otherwise protected.
23. The Department's Grant Manager, as identified below, or his/her successor 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 Liaison Agent (also known as
Grantee's Grant Manager), as identified in the Project Application, or successor,
shall act on behalf of the Grantee relative to the provisions of this Project
Agreement. The Grantee's Liaison Agent shall submit to the Department signed
Project status reports three times per year, due on January 5, May 5, and
September 5, summarizing the work accomplished, problems encountered,
percentage of completion, and other information which may be requested by the
Department. Photographs to reflect the construction work accomplished shall be
submitted when the Department requests them. Any and all notices shall be
deemed effective and sufficient if sent via U.S. mail, facsimile (fax), electronic
mail, or by hand-delivery to the parties at the following addresses:
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 9 of 18
• S
Grantee's Liaison Agent
Name: Mr. Marc Hultin,Manager of Parks and
Grounds or his/her Successor
Entity: City of Sanford
Address: P. O. Box 1788
City, State, Zip: Sanford, Florida 32772
Phone: (407) 688-5000
Email: hultinm @sanfordfl.gov
Department's Grant Manager
Name: Rita Ventry, or his/her Successor
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850) 245-2501
Email: Rita.Ventry@dep.state.fl.us
Any changes to the above-stated contact information must be noticed in writing
to the other party within ten (10) calendar days of the change.
24. Prior to final reimbursement, the Grantee must erect a permanent informational
sign on the Project Site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDOI, the
National Park Service, and the Department. The sign shall include the LWCF
Program logo.
25. The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
26. Prior to the closing of the Project, the Department shall have the right to demand
a refund, either in whole or in part, of the LWCF funds provided to the Grantee
for non-compliance with the material terms of this Project Agreement. The
Grantee, upon such written notification from the Department, shall refund, and
shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated and determined pursuant
to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee. After closing of the Project, the Grantee may not repay the
funds but shall go through the conversion process described by the Manual and
the Rule.
27. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, should for any reason demand a refund from the
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 10 of 18
• S
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
28. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in developing this Project. The Grantee acknowledges that this
requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The Grantee
further agrees to ensure that, in the event work is subcontracted, the Grantee's
contract will include the requirements of this paragraph in all subcontracts made
to perform this Project Agreement.
29. The Grantee may subcontract work under this Project Agreement without the
prior written consent of the Department's Grant Manager. The Grantee shall,
upon request, submit a copy of each executed subcontract to the Department
within ten (10) calendar days of such request. Regardless of any subcontract,
the Grantee is ultimately responsible for all work performed under this
Agreement. 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.
30. Competitive open bidding and purchasing for construction of said Project
Facilities or improvements shall comply with all applicable laws and the Manual.
Following completion of Project construction, the Grantee's Liaison Agent shall
provide the Department with a statement certifying that all purchases or contracts
for construction were competitively bid pursuant to applicable law and the
Manual.
31. If asphalt paving is required for the Project, it shall conform to the Florida
Department of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
32. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in the Project Documentation Form required by paragraph
2 herein, in perpetuity as an Outdoor Recreation site for the use and benefit of
the public, as stated in Rule 62D-5.074(1), F.A.C. Execution of this Project
Agreement by the Department shall constitute an acceptance of said dedication
on behalf of the general public of the State of Florida. The Grantee represents
that it has sufficient site control to enable this dedication. The dedication must be
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 11 of 18
• •
promptly recorded in the county's official public records by the Grantee and
Grantee shall provide a certified copy to the Department.
33. The Grantee agrees to operate and maintain the Project Site as stated in Rule
62D-5.074(2), F.A.C. The Project Site, Project-related Facilities, and any future
Outdoor Recreation Facilities developed on the Project Site shall be open to the
general public for Outdoor Recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project-related Facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future Development of Facilities on the Project Site, if said
Development is not described in paragraph 3 herein.
34. The Grantee shall not, for any reason, convert all or any portion of the site for
any purpose other than public Outdoor Recreation without prior approval of the
USDOI and the Department pursuant to Section 6(0(3) of the LWCF Act, the
Manual, and Rule 62D-5.074(3), F.A.C.
35. A. If for any reason the Grantee should fail to perform in a timely manner the
obligations under this Project Agreement, or if the Grantee should violate
any of the federal, state, or local laws pertinent to the Land and Water
Conservation Fund Program, the Rule, or the Manual, as referenced in
paragraph 1, or any of the terms or conditions of this Project Agreement,
the Department shall thereafter have the right to terminate this Project
Agreement with prior notice. In the notice, the Department will set the
effective date of the termination, which may be upon receipt. The
Department may, in its sole discretion, provide the Grantee the opportunity
to cure the violations. In the event the Department terminates this Project
Agreement for these reasons, the Department is not required to
compensate Grantee for any expenses incurred before or after such
termination.
B. The Department may terminate this Project Agreement for convenience by
providing the Grantee with thirty (30) calendar days written notice. The
Grantee shall not incur new obligations for the Project after the notice is
received and shall cancel as many outstanding obligations as possible.
The notice shall set out the procedures for proper closeout of the Project
Agreement.
C. This Project Agreement may be unilaterally cancelled 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 Project Agreement, unless the records are exempt from section
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 12 of 18
• •
24(a) of Article I of the Florida Constitution and section 119.07(1), Florida
Statutes.
D. If no reimbursements have been paid and Grantee wishes to withdraw the
Project, the parties hereto may agree to terminate this Agreement for
convenience as evidenced by written notice from the Department to the
Grantee. The Grantee shall counter-sign the notice and the Agreement
shall terminate on the date of Grantee's counter-signature.
36. No reimbursement will be made for unsatisfactory deliverables. In the event that
the DEPARTMENT'S Grant Manager deems a deliverable unsatisfactory, the
GRANTEE shall re-perform the services needed for submittal of a satisfactory
deliverable, at no additional cost to the DEPARTMENT. The DEPARTMENT
shall notify the GRANTEE of an unsatisfactory deliverable by written notice and
the GRANTEE shall resubmit the deliverable within ten (10) calendar days. If a
satisfactory deliverable is not submitted within the ten (10) calendar day period,
the DEPARTMENT may, in its sole discretion, either: 1) terminate this PROJECT
AGREEMENT for failure to perform, or 2) specify in writing the failure of
performance under this PROJECT AGREEMENT and request that a proposed
Corrective Action Plan (CAP) be submitted by the GRANTEE to the
DEPARTMENT.
A. A CAP shall be submitted within ten (10) calendar days of the date of the
written request from the DEPARTMENT. The CAP shall be sent to the
DEPARTMENT'S Grant Manager for review and approval. Within ten (10)
calendar days of receipt of a CAP, the DEPARTMENT shall notify the
Grantee, in writing, whether the CAP proposed has been accepted. If the
CAP is not accepted, the Grantee shall have ten (10) calendar days from
receipt of the DEPARTMENT'S rejection of the proposed CAP to submit a
revised proposed CAP. If the DEPARTMENT rejects the revised
proposed CAP, the GRANTEE shall be entitled to no further revision of the
proposed CAP and the DEPARTMENT may terminate this PROJECT
AGREEMENT for failure to perform.
B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP, the
Grantee shall have ten (10) calendar days to commence implementation
of the accepted plan. Acceptance of the proposed CAP by the
DEPARTMENT does not relieve the GRANTEE of any of its obligations
under this PROJECT AGREEMENT. In the event the approved CAP fails
to correct or eliminate performance deficiencies by the Grantee, the
DEPARTMENT shall retain the right to require additional or further
remedial steps, or to terminate this PROJECT AGREEMENT for failure to
perform. No actions approved by the DEPARTMENT or steps taken by
the Grantee shall serve to stop the DEPARTMENT from subsequently
asserting any deficiencies in performance. The Grantee shall continue to
implement the CAP until all deficiencies are corrected. Reports on the
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 13 of 18
• •
progress of the CAP will be provided to the DEPARTMENT as requested
by the DEPARTMENT'S Grant Manager. If a satisfactory deliverable is
not submitted within the timeframe specified in the approved CAP, the
DEPARTMENT may, in its sole discretion, terminate this PROJECT
AGREEMENT for failure of the GRANTEE to perform. The approved CAP
shall be hereby incorporated into this PROJECT AGREEMENT by this
reference and upon the DEPARTMENT'S approval.
C. Failure to respond to a DEPARTMENT request for a CAP may result in
termination of this PROJECT AGREEMENT.
The remedies set forth above are not exclusive and the DEPARTMENT reserves
the right to exercise other remedies in addition to or in lieu of those set forth
above, as permitted by this PROJECT AGREEMENT.
37. 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.
38. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the Grantee a notice, in
writing, and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall terminate
this Project Agreement or enter into the conversion process outlined in Rule 62D-
5.074, Fla. Admin. Code. Failure to remedy conversion to the Department's and
the National Park Service's satisfaction shall result in Grantee remaining out of
compliance and thereby ineligible for further grant funding pursuant to Rule 62D-
5.074(4), Fla. Admin. Code.
39. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Project Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Project Agreement is not a
commitment of future appropriations.
40. A. The Grantee certifies that no Federal appropriated funds have been paid
or will be paid by or on behalf of the Grantee, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending
or modifying of any Federal contract, grant, or cooperative agreement. If
any non-Federal funds are used for lobbying activities as described above,
the Grantee shall submit Attachment C, Form DEP 55-221, effective
January 2001, "Disclosure of Lobbying Activities" (attached hereto and
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 14 of 18
• •
made a part hereof), and shall file quarterly updates of any material
changes. The Grantee shall require the language of this certification to be
included in all subcontracts, and all subcontractors shall certify and
disclose accordingly. (43 CFR, Part 18)
B. In accordance with section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Project Agreement for
the purpose of lobbying the Legislature, the judicial branch or a state
agency.
41. A. No person on the grounds of race, religion, creed, color, national origin,
age, sex, marital status or disability, shall be excluded from participation
in, be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in the 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; submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; submit bids on
leases of Real Property to a public entity; award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any
public entity; nor 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.
42. A. The accounting systems for all Grantees must ensure that these funds are
not commingled with funds from other agencies. Funds from each agency
must be accounted for separately. Grantees are prohibited from
commingling funds on either a program-by-program or a project-by-project
basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement,
the Grantee, or subrecipient, shall establish a system to provide adequate
fund accountability for each project it has been awarded.
B. If the Department finds that these funds have been commingled, the
Department shall have the right to demand a refund, either in whole or in
part, of the funds provided to the Grantee under this Agreement for non-
compliance with the material terms of this Agreement. The Grantee, upon
such written notification from the Department shall refund, and shall
forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the
prevailing rate used by the State Board of Administration. Interest shall be
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 15 of 18
• •
calculated from the date(s) the original payment(s) are received from the
Department by the Grantee to the date repayment is made by the Grantee
to the Department.
C. In the event that the Grantee recovers costs, incurred under this
Agreement and reimbursed by the Department, from another source(s),
the Grantee shall reimburse the Department for all recovered funds
originally provided under this Agreement. Interest on any refund shall be
calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s) the
payment(s) are recovered by the Grantee to the date repayment is made
to the Department by the Grantee.
43. 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, and other statutes that provide
immunity to the Department or the State.
44. 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 Category Two
threshold amount provided in s. 287.017, Florida Statutes, for a period of 36
months from the date of being placed on the convicted vendor list.
45. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR,
Part 1400), the Grantee shall agree and certify that neither it, nor its principals, is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal
department or agency; and, that the Grantee shall not knowingly enter into any
lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction, unless
authorized in writing by USDOI to the Department. 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.
46. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of Florida. Wherever possible, each
provision of this Project Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable Florida law, such
provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Project Agreement. Any action hereon or in connection herewith shall be brought
in Leon County, Florida unless prohibited by applicable law.
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 16 of 18
• •
47. 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.
48. 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.
49. The Grantee agrees to comply with, and include as appropriate in subcontracts,
the provisions contained in Attachment D, Contract Provisions, attached hereto
and made a part hereof. In addition, the Grantee acknowledges that the
applicable regulations listed in Attachment E, Regulations, attached hereto and
made a part hereof, shall apply to this Project Agreement.
50. The federal funds awarded under this Agreement must comply with The Federal
Funding Accountability and Transparency Act (FFATA) of 2006. Prior to
execution of this Project Agreement by the Department, the Grantee shall submit
Attachment F, Federal Funding Accountability and Transparency Act Form which
is attached hereto and incorporated herein. The intent of the FFATA is to
empower every American with the ability to hold the government accountable for
each spending decision. The end result is to reduce wasteful spending in the
government. The FFATA legislation requires that information on federal awards
(federal financial assistance and expenditures) be made available to the public
via a single, searchable website, which is www.USASpending.gov. Grant
Recipients awarded a new Federal grant greater than or equal to $25,000
awarded on or after October 1, 2010 are subject to the FFATA. The Grantee
agrees to provide the information necessary, over the life of this Agreement, for
the Department to comply with this requirement.
51. This Project Agreement is an exclusive contract and may not be assigned in
whole or in part without the prior written approval of the Department.
52. The parties hereto acknowledge and agree that the provisions contained in
paragraphs 18, 32, 33, 34, and 38 shall extend beyond the end date of this
Project Agreement, as established in paragraph 1.
53. 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.
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 17 of 18
• • •
The parties hereto have caused this Project Agreement to be duly executed, the
day and year last written below.
FLORIDA DEPARTMENT City of Sanford
OF ENVIRONMENTAL PROTECTION ��a
By: c�.�� ' � ` By:
Division Director '
Division of Recreation and Parks I I1
and State Liaison Officer
(or designee) Printed Name
Date: 2i J y Title
Date: 1 - —
FEID No.: 59-3012347
Address: Address:
Office of Information and Recreation 2044 Hibiscus Court
Services (MS 585) Sanford, FL 32771
Division of Recreation and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
V
‘Ork 0,4410.4) 41111
DEP Grant Manager AP=e'sJAttorney
Approve. as t• form and legality: E 'J f
pp • '
PK A-
DEP A •r Wfry
11
Attachments:
Attachment A Project Work Plan (2 Pages)
Attachment B Special Audit Requirements (5 Pages)
Attachment C Disclosure of Lobbying Activities (2 Pages)
Attachment D Contract Provisions (4 Pages)
Attachment E Regulations (1 Page)
Attachment F Federal Funding Accountability and Transparency Act Form
(4 Pages)
DEP 55-239(10/13)
DEP Agreement No.LW610, Page 18 of 18
•
y
• •
ATTACHMENT A to Project Agreement
LAND AND WATER CONSERVATION FUND PROGRAM
DEVELOPMENT
PROJECT WORK PLAN
Project Name: Coastline Park
Grantee Name: City of Sanford
Please list each project element along with its objective and estimated budget amount:
Project Element(s):The project will develop a new hiking trail($50,000)and construct new waterfront
observation platform($30,000)and new basketball court($20,000) and playground($50,000).The project
will also renovate existing Tennis Court($20,000)and Picnic Facility($25,000).Support Facilities will
include new Landscaping($85,000)and renovation of a restroom($80,000).Design costs will be included
($40,000).All elements are contractual services.
The project reimbursement is limited to one (1) invoice upon completion of all Project Elements shown
above and submittal of all required documentation identified in the table below. Any changes to the
Project Elements will require an amendment to this Agreement.
Commencement Documentation required prior to Reimbursement Request
DOCUMENTATION/DELIVERABLES
ELEMENT TO BE SUBMITTED UPON
ELEMENTS/WORK BUDGET COMPLETION BEFORE
TO BE AMOUNT FOR MATCH AMOUNT REIMBURSEMENT CAN BE
COMPLETED REIMBURSEMENT TO BE CLAIMED APPROVED
Hiking Trail $25,000 $25,000 Project Completion Certification
Waterfront Obs. $15,000 $15,000
Platform Final as-built site plan
Basketball Court $10,000 $10,000
Playground $25,000 $25,000 Florida Recreation and Parks Inventory
Tennis Court $10,000 $10,000 Form
Picnic Facility $12,500 $12,500
Landscaping $42,500 $42,500 Color Photographs of Project
Restroom $40,000 $40,000
Design/Engineer $20,000 $20,000 Notice of Limitation of Use
Boundary Survey
TOTAL FUNDING
AMOUNT $200,000 $200,000
Performance Standard: Approval of deliverables is based upon review for compliance with the requirements for funding
under the Land and Water Conservation Fund grant program;approved plans and application approved for funding.
DEP Agreement No.LW610,Attachment A,Page 1 of 2
DEP 55-231 (06/10)
• •
INSTRUCTIONS FOR COMPLETING PROJECT WORK PLAN:
ELEMENTS/WORK TO BE COMPLETED: Identify ALL elements that will be completed under this
Agreement.
ELEMENT BUDGET AMOUNT FOR REIMBURSEMENT: Must provide a budget for each element
and identify the expense category and budget detail. Provide description of the costs as follows: Salaries:
identify the position title/hourly rate/#of hours to complete the deliverable; Fringe benefits: identify the%used to
calculate the fringe benefits; Contractual Services: identify what service will be paid for under the contract for
services;Equipment:the purchase of equipment is not allowed under this Agreement,the rental of equipment is the
only costs allowed that are associated with equipment; Supplies and Materials: identify what supplies/materials
will be purchased;Other costs: identify what other costs are being requested(such as printing costs,other costs that
do not fit into the other established cost categories (salaries, fringe benefits, equipment, supplies, indirect,
contractual services); Indirect Costs: identify the percentage that is used for the indirect being claimed for
reimbursement(cannot exceed 15%unless prior approval has been obtained by the Department)..
MATCH AMOUNT TO BE CLAIMED: The same level of detail must be provided for match as for
reimbursement.
DOCUMENTATION/DELIVERABLES TO BE SUBMITTED UPON COMPLETION: All of these
deliverables must be submitted before final reimbursement can be processed.
Completion Documentation required prior to Reimbursement
DEP Agreement No.LW610,Attachment A,Page 2 of 2
DEP 55-231 (06/10)
• .
ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Department of Environmental Protection (which may be
referred to as the "Department",, DEP" ", "FDEP" "Grantor",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 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.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year,the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133,as revised.EXHIBIT 1 to this Attachment 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 $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 http://12.46.245173/cfda/cfda.htinl.
DEP 55-215(03/09)
DEP Agreement No.LW610,Attachment B,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(2Xm),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment 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), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than$500,000 in state 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).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https_''ap s.tldfs.com tsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http: „y,,, lest 3tc.11.u5 cicomc indc .cfm, State of Florida's website at
http: ‘
‘ n tlurid i.com Department of Financial Services' Website at http: ,,,i_,,.tldls.coin and the
Auditor General's Website at htth: v,v .�tatc.tl_us cud cn.
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
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133,as revised,by or on behalf of the recipient directly to each of the following:
DEP 55-215(03/09)
DEP Agreement No.LW610,Attachment B,Page 2 of 5
• •
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(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
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at hitp:Thal v cqcr.cen,_u�
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor,to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215(03/09)
DEP Agreement No.LW610,Attachment B,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 Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133,Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550(local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued,unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215(03/09)
DEP Agreement No.LW610,Attachment B,Page 4 of 5
• •
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ATTACHMENT C Approved by OMB
0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee
f. loan insurance year quarter
date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter Name
and Address of Prime:
❑ Prime ❑ Subawardee
Tier ,if known:
Congressional District,if known: Congressional District,if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable:
8. Federal Action Number,if known: 9. Award Amount,if known:
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services(including address if
(if individual,last name,first name,MI): different from No. 10a)
(last name,first name,MI):
(attach Continuation Sheet(s) SF-LLLA, if necessary)
Signature:
11. Information requested through this form is authorized by title 31 U.S.C.
section 1352. This disclosure of lobbying activities is a material
Print Name:
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C.1352. This information will be reported to Congress Title:
semi-annually and will be available for public inspection. Any person who
fails to file the required disclosure shall be subject to a civil penalty of not Telephone No.: Date:
less than$10,000 and not more than$100,000 for each such failure.
Federal Use Only: Authorized for Local Reproduction
Standard Form—LLL (Rev 7—97)
Form DEP 55-221(01/01)
DEP Agreement No.LW610,Attachment C,Page 1 of 2
•
INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported,enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city,state and zip code of the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation,United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known,enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans,and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g.,Request for Proposal(RFP)number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city,state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10(a). Enter Last Name,First Name,and Middle Initial(MI).
11. The certifying official shall sign and date the form,print his/her name,title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No.0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions
for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C. 20503.
Form DEP 55-221 (01/01)
DEP Agreement No.LW610,Attachment C,Page 2 of 2
• •
ATTACHMENT D
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.0.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs,Equal Employment Opportunity,Department of Labor."
2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of$2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti-Kickback" Act(18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing,by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of$2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act(40 U.S.C. 327-333),as supplemented by Department of Labor regulations(29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 '/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreement No.LW610,Attachment D,Page 1 of 4
• •
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of$100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401 et seq.)and
the Federal Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award
of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension."This list contains the names of parties debarred,suspended,or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and
subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards,orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended(33 U.S.C. 1368) and Section 1424(e) of
the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
10. Compliance with all Federal statutes relating to nondiscrimination-These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended,relating to nondiscrimination on the basis of drug abuse; (e)the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as
amended,relating to confidentiality of alcohol and drug abuse patient records;(g)Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s)made;and,(i)the requirements of any other nondiscrimination statute(s)that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act(5 U.S.C. 1501—1508 and 7324—7328)that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
DEP Agreement No.LW610,Attachment D,Page 2 of 4
• •
13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is$10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c)protection of wetlands pursuant to E.O. 11990;(d)evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended(42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended(P.L. 93-523); and(h)protection of endangered species under the
Endangered Species Act of 1973,as amended(P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development,and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
U.S.C.2131 et seq.)pertaining to the care,handling,and treatment of warm blooded animals held
for research,teaching,or other activities supported by this Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)that
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act(Pub.L.94-163, 89 Stat. 871).
21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug-Free Workplace Act of 1988(Public Law 100-690,Title V, Sec. 5153, as amended by
Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug-Free Workplace (Financial Assistance)"published in the Federal Register on November 26,
2003,68 FR 66534),which require that the recipient take steps to provide a drug-free workplace.
22. Compliance with the Buy American Act (41 U.S.C. 10a-10c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense of the Congress that,to the greatest extent practicable,all equipment and products purchased
with funds made available under this Agreement should be American-made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement,the Grantee agrees to implement the requirements of(g) of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g).
24. Compliance with the Americans with Disabilities Act (ADA) of 1990, Public Law 100-336,
American with Disabilities act Accessibility Guidelines at 28 CFR 36 and the Americans with
Disability Act Title II at 28 CFR 35. By accepting funds under this Agreement, the Grantee
agrees to comply with the provisions under the ADA regulations stated above.
DEP Agreement No.LW610,Attachment D,Page 3 of 4
• •
25. Registrations and Identification Information, the Grantee agrees to maintain current
registration in the Central Contractor Registration (www.ccr.gov) at all times during which
they have active project funded with these funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for
registration in the Central Contractor Registration.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LW610,Attachment D,Page 4 of 4
• .
ATTACHMENT E
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which may apply to the work performed under this Agreement.
General
43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOI
Grants and Other Federal Assistance
43 C.F.R. 12 Subpart C -Uniform administrative requirements for grants and cooperative
agreements to state and local governments
43 C.F.R. 12 Subpart F-Uniform administrative requirements for grants and agreements with
institutions of higher education,hospitals and other nonprofit organizations
43 C.F.R. 18 New restrictions on lobbying
43 C.F.R. 43 Government wide requirements for drug-free workplace
Other Federal Regulations
2 C.F.R. 1400 Suspension and Debarment
48 C.F.R. 31 Contract Cost Principles and Procedures
Office of Management and Budget Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87(2 CFR 225) Cost Principles for State, Local,and Indian Tribal Governments
A-122 (2 CFR Cost Principles for Non-Profit Organizations
230)
A-133 Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LW610,Attachment E,Page 1 of 1