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1972 Grant & Confidentiality Agreement SCSBPLANNING AND DEVELOPMENT DEPARTMENT TRANSMrn'AL MEMORANDUM To: City Clerk ORIGINAL —Grant Agreement and Confidentiality Agreement Florida Communities Trust Grant (Land Exchange) City/SCSB M The item(s) noted below is/are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution P.O, Requisition_ Once completed, please: R Return original(s) F1 Return copy R Return Certified Copy Special Instructions: _ Mayor's signature Recording Rendering Safe keeping (Vault) Please advise if you have any questions regarding the above. Thank you! C00�00 From T:\Deptjorms\Transmittal form 10/30/18 Date DEP AGREEMENT NUMBER: UA009 FCT PROJECT NUMBER: 16 -010 -UA 17 PROJECT NAME: SCHOOL BOARD PROPERTY CSFA NUMBER: 37.078 GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a non -regulatory agency and instrumentality within the State of Florida, Department of Environmental Protection ("Department"), and the CITY OF SANFORD, FLORIDA, a Florida local government ("Recipient"). All capitalized terms are used as they are defined in Rules 62-818 and 62-819, F.A.C. THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE FOLLOWING: WHEREAS, the intent of this Agreement is to impose terms and conditions on the lands acquired under the Florida Communities Trust Act ("Project Sites"). These terms and conditions are necessary to ensure compliance with Florida law and provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes ("F.S."). WHEREAS, Chapter 380, Part III, F. S., the Florida Communities Trust Act, creates a non - regulatory agency within the Department to assist local governments in conserving natural resources, resolving land use conflicts, and implementing and bringing into compliance the conservation, recreation and open space, and coastal elements of their comprehensive plans by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act. WHEREAS, Chapter 62-818, Florida Administrative Code ("F.A.C.") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Chapter 62-819, F.A.C., sets forth the acquisition procedures. WHEREAS, on April 27, 2017, the FCT Governing Board approved selected projects to receive approval for funding. WHEREAS, the Recipient's Project ("Project"), described in an application submitted for evaluation, was selected for funding in accordance with Chapter 62-818, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application. WHEREAS, Section 380.507(2)(h), F.S., intended to implement Specific Appropriation 1534 of the 2016-2017 General Appropriations Act, required eligible projects submitted for funding to provide accessibility, availability, or adaptability of conservation or recreation lands for individuals with unique abilities and to incorporate adaptations or modifications to the design and development of recreational resources or equipment to meet the needs of all potential participants including those with physical or developmental disabilities. DEP Agreement No. UA009 Page 1 of 22 FCT Project No. 16-010-UA17 WHEREAS, Rule 62-818.009, F.A.C., authorizes FCT to impose conditions on those FCT applicants whose projects are selected for funding. WHEREAS, the purpose of this Agreement is to set forth the condition(s) that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds, specify the restrictions imposed on the Project Site, and establish the site management requirements for the Project Site after its acquisition. Because not all of the Project Site has been acquired, some elements of the Project are not yet known such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. NOW THEREFORE, FCT and Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon execution by both Parties and, shall remain in effect no longer than one year from the effective date of this Agreement, inclusive, unless extended or terminated earlier. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that it has made significant progress toward approval of the Project Plan or that extenuating circumstances beyond the Recipient's control warrant an extension of time. Recipient must request an extension in writing, fully explaining the reasons for the delay and why the extension is necessary. A written request for an extension must be submitted prior to the Expiration Date. FCT may, in its sole discretion, consent to an extension of this Agreement. The decision to consent to an extension and the length of the extension shall depend upon an analysis of various factors, including the needs and goals of FCT; the ability and willingness of Recipient to perform under the terms of this Agreement; the good standing of the Recipient (including any entity related to or affiliated with Recipient); the Recipient's past record of performance, including submission of required reports and audits (as applicable); and other factors relevant to FCT mandates. FCT, in its sole discretion, reserves the right not to extend this Agreement beyond the initial term. If the Recipient does not request a written extension, or if a requested written extension is not granted by FCT, the Recipient's FCT Award shall be rescinded and this Agreement will terminate pursuant to its terms and conditions. II. MODIFICATION OF AGREEMENT Either Party may request modification(s) of the provisions of this Agreement at any time. Changes that are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the Parties. Such amendments shall be incorporated into this Agreement. DEP Agreement No. UA009 Page 2 of 22 FCT Project No. 16-010-UA17 III. DEADLINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 3900 Commonwealth Boulevard MS #115, Tallahassee, FL 32399, as soon as possible and no later than September 30, 2018. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy, and return all other executed copies to the Recipient. 2. The Recipient and/or its representatives shall adhere to all Project deadlines and devise a method for monitoring the Project. FCT will strictly enforce the deadlines provided by this Agreement in addition to any deadlines associated with any FCT activity relating to the Project. Recipient's failure to comply with Project deadlines may cause FCT to terminate this Agreement. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Site may be acquired in an expeditious manner. 4. If the Recipient is identified in paragraph VA. below as the party responsible for negotiation and acquisition activities, Recipient shall provide a monthly status report to FCT of Project Site acquisition activities. The monthly report shall contain the dates that appraisals are ordered and due, the dates that purchase agreements are sent to sellers, and the status of each contract, as appropriate. 5. No later than September 30, 2018, the Recipient shall deliver to FCT a written statement from the property owner(s) evidencing that they are willing to entertain an offer from the Recipient and FCT. No acquisition activity shall be commenced prior to FCT receiving this statement. 6. No later than September 30, 2018, the Recipient shall deliver to FCT the executed Confidentiality Agreement provided to the Recipient by FCT, pursuant to Rule 62-819.008(3), F.A.C. No acquisition activity shall be commenced prior to FCT receiving the executed Confidentiality Agreement. 7. The party named in paragraph VA. below as the party responsible for all negotiation and acquisition activities shall provide the following within 120 days of execution of this Grant Agreement unless extended by DEP: a. Title report(s) and appraisal(s), as required by Rules 62-819.005 and 62- 819.007, F.A.C. Prior to the delivery of awarded FCT funds, FCT staff will review the appraisal(s) and determine the maximum amount that may be reimbursed by the State. b. Purchase Agreement(s), as defined by Rule 62-819.010, F.A.C., based on the Acquisition Plan, if applicable, to be approved by FCT and sent to the DEP Agreement No. UA009 Page 3 of 22 FCT Project No. 16 -010 -UA 17 property owner(s) upon receipt of the appraisal review memo from FCT establishing the maximum amount that may be reimbursed by the State. 8. The Recipient shall develop the Project Site in accordance with the FCT Grant Award conditions and open the developed Project Site to the public within three (3) years of the date of final disbursement of the FCT Award or pursuant to the timeline outlined in the approved Management Plan. The Recipient may request an extension of this provision by requesting a modification or revision to the approved Management Plan by submitting a written request to the Trust pursuant to Rule 62-818.011(3), F.A.C. IV. FUNDING PROVISIONS 1. The FCT Florida Forever Award granted to the Recipient ("FCT Award") will in no event exceed Thirty-five and seventy-one hundredths percent (35.71%) of the final Project Costs, and as more fully defined in Rule 62-818.002(33), F.A.C., Four Hundred Thousand dollars and Zero cents ($400,000.00), unless FCT approves a different amount. The Recipient shall be reimbursed as outlined in this Agreement, for eligible costs as defined in Rule 62- 818.002(33), F.A.C., and identified in the Project Plan. The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 62-818.003(7), F.A.C. and advertised in the Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 62-818.002(33), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the approved purchase amount, whichever is less, multiplied by the percent stated above. The maximum amount that may be reimbursed by the State cannot exceed the highest appraised value of the property. If the Recipient purchased the property for more than the appraised value, FCT can only reimburse a percentage of the appraised value. If the Recipient purchased the property without obtaining an appraisal, the Recipient is required to obtain appraisals pursuant to Rule 62-819.007, F.A.C., to determine the value of the property before the acquisition. 2. The FCT Governing Board selected the Recipient's application for funding to acquire the entire Project Site identified in the application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 62-818.014, F.A.C. If the Project Site is comprised of multiple parcels and multiple owners, an Acquisition Plan, as defined in Rule 62-818.002(2), F.A.C., was required in the application. FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site identified in the Acquisition Plan cannot be acquired. 3. The FCT Award shall be delivered in the form of one or more State of Florida warrants. The warrants may be issued payable to the seller or the seller's designated agent authorized by law to receive such payment, provided that the Comptroller determines that such DEP Agreement No. UA009 Page 4 of 22 FCT Project No. 16-010-UA17 disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State of Florida. The FCT Award may also be delivered in the form of a reimbursement to the Recipient. If the Project Site is composed of multiple parcels, FCT shall deliver at each closing only the share of the FCT award that corresponds to the parcel being closed. If the Recipient is required to obtain additional due diligence products (e.g. appraisals, appraisal reviews, surveys, title information, and the like), the Recipient shall be responsible for the cost of those products. 4. FCT will prepare a grant reconciliation statement showing the amount of Match provided by the Recipient (as applicable and if any is required) and showing the amount of the FCT Award. The grant reconciliation statement will reflect funds expended by FCT for Project Costs as part of the FCT Award. 5. If a Match is required, it must be delivered in an approved form as provided in Rule 62-818.002(25), F.A.C. If the Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel the share of the Match that corresponds to the parcel being closed. Funds expended by the Recipient for Project Costs shall be recognized in the Match amount on the grant reconciliation statement. 6. By executing this Agreement, the Recipient affirms that it is ready, willing, and able to provide any required Match. 7. If the Recipient is the local government having jurisdiction over the Project Site, and the Recipient takes action that results in a governmentally -derived higher Project Site land value because of an "enhanced highest and best use," FCT will terminate acquisition activities unless the Seller demonstrates that the appraisal(s) were based on the "highest and best use" for the Project Site prior to the FCT Governing Board selection meeting. Alternatively, the Recipient can arrange for new appraisals based on the previous highest and best use. 8. FCT's obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature or designated agency, and is subject to modification in accordance with Chapter 216, F.S., or the Florida Constitution. 9. The accounting systems for all Recipients must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Recipients are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted or received for one project may not be used to support another project. Where a Recipient's or subrecipient's accounting system cannot comply with this requirement, the Recipient or subrecipient shall establish a system to provide adequate fund accountability for each project it has been awarded. If FCT finds that funds have been commingled, FCT shall have the right to demand a refund, either in whole or in part, of the funds provided to the Recipient under this Agreement. The Recipient, upon written notification from FCT, shall refund the amount of money demanded. Interest on any refund will be based on the prevailing rate used by the State Board of DEP Agreement No. UA009 Page 5 of 22 FCT Project No. 16-010-UA17 Administration. Interest shall be calculated from the date(s) the original payment(s) are received from FCT by the Recipient to the date repayment is made by the Recipient to FCT. If the Recipient recovers costs from another source that were incurred under this Agreement and reimbursed by FCT, the Recipient shall reimburse FCT for all recovered funds. Interest on any refund will be based on the prevailing rate used by the State Board of Administration. Interest will be calculated from the dates the payments are recovered by the Recipient to the date repayment is made to FCT by the Recipient. 10. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), F.S. Such approval is deemed given when FCT approves and executes this Agreement. 11. All real property shall be obtained through a Voluntarily -Negotiated Transaction, as defined in Rule 62-818.002(46), F.A.C. The use of or threat of condemnation is not considered a Voluntarily -Negotiated Transaction. V. NOTICE AND CONTACT 1. All notices between the Parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by Recipient to: Florida Communities Trust 3900 Commonwealth Boulevard, MS#115 Tallahassee, FL 32399 2. All contact and correspondence from FCT to the Recipient shall be through the key contact as required by Chapters 62-818 and 62-819, F.A.C. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the Project: Name: Thomas George Organization: City of Sanford, Florida Title: Deputy City Manager Address: 300 North Park Avenue, Sanford, Florida 32772 Telephone: 407/688-5086 E-mail: Thomas.George@Sanfordfl.gov 3. The Recipient authorizes the administrator, employee, officer, or representative named in this paragraph, as Recipient's agent, to execute all documents connected to this Project on behalf of the Recipient, including this Agreement, any addenda, purchase agreement(s) for the property, the grant reconciliation statement, closing documents, statements submitted as a part of the Project Plan, and the Declaration of Restrictive Covenants. DEP Agreement No. UA009 Page 6 of 22 FCT Project No. 16-010-UA17 Name: Jeff Triplett Organization: City of Sanford, Florida Title: Mayor Address: 300 North Park Avenue, Sanford, Florida 32772 Telephone: 407/688-5001 E-mail: Jeff.Triplett@Sanfordfl.gov 4. If the Project Site consists of ten or fewer ownerships, as reflected on the Acquisition Plan, either FCT or the Recipient may act as the party responsible for all negotiation and acquisition activities. If the Project Site consists of eleven or more ownerships, as reflected on the Acquisition Plan, the Recipient shall act as the party responsible for all negotiation and acquisition activities. The Recipient hereby notifies FCT that RECIPIENT will be the party responsible for all negotiation and acquisition activities. If the Recipient is named herein and represented by an agent, the Recipient hereby notifies FCT that the Recipient's agent is: Name: William L. Colbert Title: City Attorney Address: Stenstrom, McIntosh, Colbert & Whigham, P.A. 1001 Heathrow Park Lane Suite 4001 Lake Marv, Florida 32746 Phone: 407/322-2171 Fax: 407/330-2379 Email: WLColbert@,,Stenstrom.com 5. If different representatives or addresses are designated for NOTICE AND CONTACT, specified herein, after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in NOTICE AND CONTACT, paragraph V.1. above. 6. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 59-6000425. VI. PROJECT PLAN APPROVAL; PRE-CLOSING REQUIREMENTS 1. Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real estate transaction(s) to acquire the Project Site, and prior to the final disbursement of the FCT Award, the Recipient shall submit a Project Plan that complies with Rule 62-819.011, F.A.C. FCT will not consider the Project Plan unless it is organized with a table of contents and includes the documents required by Rule 62-819.011, F.A.C., to ensure that the interests of the State of Florida will be protected: a. A purchase agreement for acquisition of the Project Site, executed by the owners and the Recipient, based on one or more appraisals prepared consistent with Chapter 62-819, F.A.C. DEP Agreement No. UA009 Page 7 of 22 FCT Project No. 16-010-UA17 b. A letter from the FCT indicating approval of the Management Plan. C. A statement of the total Project Costs as defined in Chapter 62-818, F.A.C. d. A statement of the amount of the award being requested. e. Supporting documentation that any conditions imposed as part of the Grant Agreement have been satisfied. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil, or regulatory violations imposed on the Project Site by any governmental body or agency. g. Additional documentation requested by the FCT staff as reasonable assurance that the Recipient will be able to fulfill its obligations under the Grant Agreement, the Declaration of Restrictive Covenants, and Chapter 62-818, F.A.C. 2. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval. 3. Reimbursement for Project Costs will not occur until after FCT approval of the Project Plan. VII. DISBURSEMENT REQUIREMENTS The following documents must be submitted to FCT in order for FCT to disburse the grant funds: 1. Documents associated with acquisition of the parcel(s): a. A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between the Recipient and The Seminole County School Board. b. A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcel(s). C. A copy of the recorded deed(s) conveying title of the parcel(s) to the Recipient. d. A copy of the appraisals of the parcel(s) required by Rule 62-819.007, F.A.C. e. Unless the requirement has been waived, a copy of a Certified Survey(s) of the parcel(s) that meets the requirements of Rule 62-819, F.A.C., and is dated within ninety (90) days of the date the Recipient acquired the DEP Agreement No. UA009 Page 8 of 22 FCT Project No. 16 -010 -UA 17 parcel(s). f. Copies of all title insurance commitments, including supporting documents, and title insurance policies, including any endorsements, issued in furtherance of the Recipient's acquisition of the parcel(s). Such policies shall meet the requirements of Rule 62-819.005, F.A.C. g. A copy of environmental site assessments (ESA) of the parcel(s) certified to the Recipient, which meets the standards and requirements of American Society for Testing and Materials ("ASTM") Practice E 1527, and with a date of certification within 90 days of the date of acquisition of the parcel(s) by the Recipient, together with the statement required by Rule 62- 819.012(4), F.A.C. 2. All invoices for approved Project Costs, with proof of payment, shall be submitted to FCT Grant Manager and be in a detail sufficient for a proper pre -audit and post -audit thereof. 3. Rule 62-818.002(33), F.A.C., states that reasonable real estate fees or commissions that do not exceed $10,000.00 are eligible Project Costs. To maximize the Florida Forever funds for land acquisition, FCT will closely review each request for real estate fees or commissions to determine if the fee or commission is reasonable. FCT will not reimburse or pay any portion of real estate fees or commissions that FCT determines to be unreasonable. Recipient will be financially responsible for the portion of the real estate fees or commissions not paid by FCT. 4. Title to the Project Site shall be titled in the Recipient, unless the Recipient specifically requests that title shall permanently vest in the Board of Trustees of the Internal Improvement Trust Fund ("Trustees"). Such request shall be subject to the approval of FCT and the Trustees. The Recipient hereby elects that title to the Project Site shall be vested in The City of Sanford, Florida. If the Recipient elects that title shall vest in the Trustees, then all acquisition activities shall be administered by the Division of State Lands as specified in Section 253.025, F.S., and Rule 18-1, F.A.C. FCT signature of this Agreement shall constitute approval of this election. VIII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan, signature of the purchase agreement(s), closing(s) of the real estate transaction(s), and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 62-818.011, F.A.C., and addresses the criteria and conditions set forth in this agreement. The Recipient is strongly urged to coordinate with FCT staff to ensure that FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the Project Site and the disbursement of the FCT Award. 2. The Management Plan outlines how the Project Site will be managed to further the purposes of the Project and outlines the terms and conditions of this Agreement. The Management Plan should include the following types of information: DEP Agreement No. UA009 Page 9 of 22 FCT Project No. 16 -010 -UA 17 a. An introduction containing the Project name, location, and other background information. b. The Recipient's purpose for acquiring the Project Site and a prioritized list of management objectives. C. A discussion of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics. d. A description of all proposed uses including existing and proposed physical improvements. A description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. f. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements, and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources. h. A description of proposed educational displays and programs the Recipient will offer, if applicable. i. A description of how the Recipient will coordinate management of the Project Site with other agencies and public lands, if applicable. j. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 1. Coordination plan to allow for safe public access (except for designated construction zones) to the Project Site. The Recipient is responsible for maintaining the sections of the Project Site that are safe and not under construction open and accessible to the public. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed management agreement between the Recipient and the managing entity providing criteria for site management and identifying the source of management funding. The managing entity must comply with the approved Management Plan. The Recipient is ultimately responsible for overseeing compliance with the Management Plan and the fulfillment of all Management Plan terms and is liable for any violations of the Management Plan. DEP Agreement No. UA009 Page 10 of 22 FCT Project No. 16-010-UA17 If the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Management Plan. 4. To ensure that future management funds will be available for the management of the Project Site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, F.S., the Recipient may be required to provide FCT with Reasonable Assurance, pursuant to Rule 62- 818.002(36), F.A.C., that it has the financial resources, background, qualifications, and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one local government, FCT may require the Recipient to do one, or more, of the following: (i) post a performance or other bond in an amount sufficient to ensure that the Project Site is reasonably and professionally managed in perpetuity; (ii) establish an endowment or other fund in an amount sufficient to ensure performance; (iii) provide a guaranty or pledge by the local government having jurisdiction over the Project Site requiring the local government to take over the responsibility for management of the Project Site in the event the Recipient is unable to; (iv) require the local government to be a named co-signer on the Declaration of Restrictive Covenants; or (v) provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. a. Post a performance or other bond in an amount sufficient to ensure that the Project Site is reasonably and professionally managed in perpetuity; b. Establish an endowment or other fund in an amount sufficient to ensure performance; C. Provide a guaranty or pledge by the local government having jurisdiction over the Project Site requiring the local government to take over the responsibility for management of the Project Site in the event the Recipient is unable to; d. Require the local government to be a named co-signer on the Declaration of Restrictive Covenants; or e. Provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent any use of the Project Site that is not in conformity with the FCT-approved Management Plan. 6. As required by Rule 62-818.013, F.A.C., after FCT reimbursement of Project Costs, the Recipient shall prepare and submit to FCT a stewardship report that documents the progress made toward implementing the Management Plan. Initially the Recipient must submit the report annually, but after completion of the Project the Trust may, in its discretion, transfer the report to a five-year review schedule. DEP Agreement No. UA009 Page 11 of 22 FCT Project No. 16-010-UA17 IX. SPECIAL MANAGEMENT CONDITIONS 1. Based on the Management Plan, points awarded in scoring the application, and observations made by FCT staff during the site visit described in Rule 62-818.009, F.A.C., the Recipient is required to provide the following: a. FCT Sign - The Recipient shall maintain a permanent FCT recognition sign, a minimum of Y x 4', at the entrance area of the Project Site and visible to the public. The sign shall include the FCT logo and acknowledge that the Project Site was purchased with funds from the Florida Communities Trust Program (and the Recipient if Recipient provided a match). The sign should include the date the site was acquired. b. Recreational Facilities - The Recipient shall provide at least four recreational facilities such as a recreational trail, fitness stations, picnic pavilion, soccer fields and a playground. The Recipient should endeavor to place facilities and site improvements on previously disturbed areas to the greatest extent possible. C. Trails - The Recipient shall provide a land-based walking, nature, bike, equestrian, or multi -use trail of at least 1/2 mile on the Project Site. Park benches shall be provided along the trail. A water fountain shall be provided at the trailhead or along the trail. d. Connectivity - The Project Site shall connect to adjacent neighborhoods by a sidewalk within an existing right-of-way. Interpretation - The Recipient shall provide interpretive kiosks on the Project Site to educate visitors about the natural environment and the unique history of the area. f. Education Programs - The Recipient shall provide at least six regularly scheduled environmental or historical education classes or programs per year at the Project Site conducted by trained educators or resource professionals. g. Water Quality Facility - The Recipient shall improve the quality of surface waters or address current flooding problems occurring on, adjacent to, or close to the Project Site. The water quality facility shall be designed to have a park -like or natural setting. h. Coordination - The Recipient shall coordinate management of the Project Site with the adjacent Sanford Stadium, Chase Park and Eckstein Sports Complex. DEP Agreement No. UA009 Page 12 of 22 FCT Project No. 16-010-UA17 X. "UNIQUE ABILITIES" PROJECT REQUIREMENTS: The Recipient's Project has been deemed a "Unique Abilities" Project, pursuant to Section 380.507(2)(h), F.S. (2016) and Recipient shall develop the Project Site in accordance with the narrative provided in the project summary and excellence sections of the FCT grant application. The Project Site must provide accessibility, availability, or adaptability of conservation or recreation lands for individuals with unique abilities. The Recipient, and all of its subcontractors, if any, must ensure that both Florida Building Code Accessibility (https:Hcodes.iccsafe.orf),r/public/document/toc/305D and Americans with Disabilities Act Accessibility(littps://Nvww.ada.gov/regs201.0/titleIl 2010/titlell 2010 regulations.pdfl regulations and requirements are adhered to in the development and completion of this Project. XI. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTERS 259 AND 380, PART III, F.S. 1. Each parcel in the Project Site shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, F.S.; Section 11(e), Article VII of the Florida Constitution; and any provision of the Internal Revenue Code or the regulations promulgated thereunder The Declaration of Restrictive Covenants shall contain clauses providing for the conveyance of title to the Project Site, as applicable, to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees") upon failure to comply with any of the covenants and restrictions, as further described below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of grant disbursement and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail, or registered expedited service. The Recipient shall diligently proceed to cure the violation and shall complete the cure within thirty (30) days after receipt of notice of the violation. If the problem cannot reasonably be cured within the specified thirty (30) days, the Recipient shall submit a written request to FCT for an extension. The request shall include the status of the current activity, the reasons for the delay, and a time frame for the completion of the cure. FCT shall respond within thirty (30) days of receiving the request, and approval of the request shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. If the Recipient can demonstrate extenuating circumstances that justify a greater extension of time to complete the activities, FCT will consider the request. If the Recipient fails to correct the violation within either (a) the initial thirty (30) days or (b) the time frame approved by FCT pursuant to the Recipient's DEP Agreement No. UA009 Page 13 of 22 FCT Project No. 16-010-UA17 request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees. FCT shall treat such property in accordance with Section 380.508(4), F.S. XII. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees. 3. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. XIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF STATE FUNDS 1. FCT is authorized by Section 380.510, F. S. to impose conditions for funding on the Recipient in order to ensure that the Project complies with the requirements under law. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed on a temporary basis with FCT written approval up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. Any sale or lease of any interest in the Project Site to a non-governmental person or organization. b. The operation of any concession on the Project Site by a non-governmental person or organization. C. Any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization. d. Any use of the Project Site by a non-governmental person other than in such person's capacity as a member of the public. f. A management contract for the Project Site with a non-governmental person or organization. DEP Agreement No. UA009 Page 14 of 22 FCT Project No. 16-010-UA17 g. Other activity that may be specified from time to time in writing by FCT to the Recipient. h. Any activities that violate the Federal Private Activity regulations of the Internal Revenue Service. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions, events, or circumstances, and shall provide to FCT such information as FCT reasonably requests to allow FCT to evaluate whether the activity would cause adverse tax consequences and should therefore be limited or eliminated. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES, OR NON- GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE IN NO WAY RELIEVES THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED ON THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XIV. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with United States Generally Accepted Accounting Principles (U.S. G.A.A.P.). The Department, the State or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event any work is subcontracted, the Recipient shall require each subcontractor to maintain and allow access to such records for audit purposes. a. The Recipient understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Recipient will comply with this duty and ensure that any subcontracts issued under this Grant impose this written requirement on its subcontractors. b. In addition to the requirements of the preceding paragraph, the Recipient shall comply with the applicable provisions contained in Attachment A, Special Audit Requirements. Exhibit 1 to Attachment A summarizes the funding sources supporting the Agreement for purposes of assisting the DEP Agreement No. UA009 Page 15 of 22 FCT Project No. 16-010-UA17 Recipient in complying with the requirements of Attachment A. A revised copy of Exhibit 1 must be provided to the Recipient for each amendment that authorizes a funding increase or decrease. If the Recipient fails to receive a revised copy of Exhibit 1, the Recipient shall notify the key contact with FCT to request a copy of the updated information. C. The Recipient is hereby advised that the Federal and/or Florida Single Audit Act Requirements may apply to lower tier transactions resulting from this Agreement. The Recipient shall consider the type of financial assistance (federal and/or state) identified in Attachment A, Exhibit 1 when making this determination. For federal financial assistance, the Recipient shall utilize the guidance provided under 2 CFR § 200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Recipient 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://gpps.fldfs.com/fsaa The Recipient should confer with its chief financial officer, audit director, or contact the Department for assistance with questions pertaining to the applicability of these requirements. XV. DEFAULT; REMEDIES; TERMINATION 1. If the necessary funds are not available to fund this Agreement because of action by the Florida Legislature or the Office of the State Chief Financial Officer, or if any Defaults occur, as described below, all obligations on the part of FCT to make any further payment of funds hereunder shall terminate and FCT may exercise any of the remedies set forth herein. If FCT makes any payments or parts of payments after an Event of Default, such payment will not waive FCT's right to exercise such remedies, and will not obligate FCT to make any further payments. 2. The following constitute a Default: a. If FCT finds that any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT, or in any document provided to FCT is false or misleading in any respect. b. If the Recipient fails to perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such failure in timely fashion, or is unable or unwilling to meet its obligations hereunder; or b. If any material adverse change in the Recipient's financial condition occurs during the term of this Agreement and the Recipient fails to cure the DEP Agreement No. UA009 Page 16 of 22 FCT Project No. 16-010-UA17 material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; or C. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete, or insufficient information; or d. If the Recipient fails to perform any of its obligations under this Agreement in a timely fashion; or e. If the Recipient fails to comply with Project deadlines set forth in the approved Management Plan; or f. If the Recipient fails to keep the Project Site open to the public. 3. Upon the happening of a Default, FCT may, after giving thirty (30) calendar days' notice, exercise any one or more of the following remedies, either concurrently or consecutively. The pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) calendar days' prior written notice of such termination. The notice shall be effective upon the date of the letter. Notification shall be given pursuant to Section V. b. Commence an appropriate legal or equitable action to enforce performance of this Agreement. C. Withhold or suspend payment of all or any part of the FCT Award. d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected. e. Exercise any other rights or remedies that are otherwise available under law, including, those described in paragraph IX.3. 4. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: default; fraud; lack of compliance with applicable rules, laws, and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., as amended. DEP Agreement No. UA009 Page 17 of 22 FCT Project No. 16-010-UA17 5. FCT may terminate this Agreement if it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds. 6. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the Project. A request for termination shall be provided to FCT in a manner described in paragraph V.1. XVI. PUBLIC RECORDS ACCESS 1. The Recipient shall comply with Florida Public Records Law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Subsection 119.011(12), F.S. Recipient shall keep and maintain public records required by the Department to perform the services under this Agreement. 2. This Agreement may be unilaterally canceled by the Department for refusal by the Recipient to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Recipient in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Article I, Section 24(a), Florida Constitution. 3. If Recipient meets the definition of "Contractor" found in Paragraph 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: a. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Recipient of the request, and the Recipient must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Recipient fails to provide the public records to the Department within a reasonable time, the Recipient may be subject to penalties under Section 119. 10, F.S. b. Upon request from the Department's custodian of public records, Recipient shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. Recipient shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Recipient does not transfer the records to the Department. DEP Agreement No. UA009 Page 18 of 22 FCT Project No. 16-010-UA17 d. Upon completion of the Agreement, Recipient shall transfer, at no cost to Department, all public records in possession of Recipient or keep and maintain public records required by the Department to perform the services under this Agreement. If the Recipient transfers all public records to the Department upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Recipient keeps and maintains public records upon completion of the Agreement, the Recipient shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the information technology systems of the Department. 4. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-21189 by email at ombudsman(2(dep.state.fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 XVII. LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XVIII. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. DEP Agreement No. UA009 Page 19 of 22 FCT Project No. 16-010-UA17 2. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 3. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any 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 lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of thirty- six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 4. In accordance with Section 216.347, F.S., the Recipient is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 5. The employment of unauthorized aliens by any recipient is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Recipient shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 6. The Recipient shall comply with all applicable federal, state, and local rules and regulations in providing services to the Department under this Agreement. The Recipient acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state, and local health and safety rules and regulations. The Recipient further agrees to include this provision in all subcontracts issued pursuant to this Agreement. 7. The Recipient shall save and hold harmless and indemnify the State of Florida and the Department against any and all liability, claims, judgments, or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss of damage to any property resulting from the use, service, operation or performance of work under the terms of this Agreement, resulting from the negligent acts of the Recipient, their subcontractor, or any of the employees, agents, or representatives of the Recipient or subcontractor to the extent allowed by law. 8. To the extent required by law, the Recipient will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Recipient shall require the subcontractor similarly to provide Workers' Compensation DEP Agreement No. UA009 Page 20 of 22 FCT Project No. 16-010-UA17 Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Recipient. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Recipient shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. Recipient's chief financial officer ("CFO") must provide self-insurance documentation to FCT prior to execution of this Agreement and upon any subsequent changes relating to the terms or insurance carrier. 9. The Recipient, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 10. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a .pdf format data file, such signature shall create a valid and binding obligation of the Party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or .pdf signature page were an original. 11. This Agreement embodies the entire agreement between the Parties. Any alterations, variations, changes, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the Parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. UA009 Page 21 of 22 FCT Project No. 16-010-UA17 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement. RECIPIENT: CITY OF SANFORD, FLORIDA a Florida local government By: Print Name: Title: DoNxkLA 0,Ak', Aaacw— Date: FLORIDA COMMUNITIES TRUST, STATE OF FLORIDA, DEPARTMENT OF ENVIRON!M��TAL P CTION By: 7S cretdry,des' nee Print Name: :2) rl ;'l 8 - Title: F C7—( Date: / C) I Y-- I I Approved as to Form and Legali LegalApproved as to Form and LegatIty: By: & By: Print Name: S0VVA i caw—c+ Date: 9 -- 9(42 — Print Name: 2,S 2, Date: JO List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Special Audit Requirements (5 Pages) DEP Agreement No. UA009 Page 22 of 22 FCT Project No. 16-0 1 O -UA 17 ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", "DEP", 7DEP" or "Grantor", or other name in the contractlagreement) to the recipient (ia hich may be referred to as the "Contractor", Grantee" or other name in the contractlagreement) 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, as revised, 2 CFR Part 200, Subpart F, 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 2 CFR Part 200, Subpart F, 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 1: 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 (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) 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, and 2 CFR Part 200, Subpart F. EXHIBIT I 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, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, 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 SubpartC of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) 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, and 2 CFR Part 200, Subpart F 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 www.cfda.gov DEP Agreement No. UA009, Attachment A I of 5 Rev. 5130117 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: 11)l II.Sirrt httclrt&p 5tatc..11�us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) 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 atht_tp://Irai•vestei,.ceiisus.Lov/facwet)/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR §200.512. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FI)EPSirwIcAudit(rr:,de .state.il.11 Copies of financial reporting packages required by PART 11 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 one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 DEP Agreement No. UA009, Attachment A 3 of 5 Rev. 5/30/17 EXIT IBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci tient Pursuant to this Agreement Consist of the Following: Federal Program CFDA Number Federal Agency Number CFDA Title State Appropriation Funding Amount Category State Appropriation Cate ory S 37.078 Florida Communities Trust (Florida 5400,000.00 Forever Funded Grant Program) 084112 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program State Number Funding Source Fiscal Year CSFA Title CSFA or Number Fundinp Source Description Funding Amount State Appropriation Cate ory 3710 Florida Forever Trust Fund 2017 37.078 Florida Communities Trust (Florida 5400,000.00 Forever Funded Grant Program) 084112 Total Award I 5400,000.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [trwiv.cl`dtt.g�w] and/or the Florida Catalog of State Financial Assistance (CSFA) [Lail s L/aIlR t1di� co��1H'sauitia_u� IrCai alo .as �j The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. UA009, Attachment A 5 of 5 Rr,, 5 3 17 DEP Agreement #: UA009 FCT Project No: 16-010-UA17 CONFIDENTIALITY AGREEMENT This Confidentiality Agreement ("Agreement") is entered into by and between the CITY OF SANFORD, FLORIDA, a Florida local government ("Recipient") and the FLORIDA COMMUNITIES TRUST ("FCT"), a non -regulatory agency within the Department of Environmental Protection, and is made with reference to Rule 62-819.008(3), Florida Administrative Code ("F.A.C."). 1. The Project Site This Agreement covers all parcels identified as part of the Project Site in Recipient's FCT Application 16-010-UA17 that were selected for funding and are governed by a Grant Agreement for FCT Project Number 16-010-UA17 ("Project Site"). 2. Confidentiality a. Pursuant to Rule 62-819.002(8), F.A.C., the term "Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07, Florida Statutes ("F.S."). b. The Recipient and its agents shall maintain the confidentiality of appraisals, and any other reports relating to value, offers, and counteroffers as required by Rule 62-819.008, F.A.C. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 11 9.07(l), F.S. until a Purchase Agreement is executed by the property owners and Recipient and conditionally accepted by FCT (or if no Purchase Agreement is executed, then as provided in Section 125.355(1)(a), F.S. if Recipient is a county, or Section 166.045(1)(a), F.S. if Recipient is a municipality). If Recipient is a nonprofit environmental organization, then the exemption from Section 119.07(1), F.S. will expire 30 days after the termination of negotiations. The date of termination of negotiations may be based on a written statement from a party to the negotiations that good faith efforts at negotiating a Purchase Agreement have failed and the party desires to cease negotiations. C. The Recipient may disclose Confidential information only to FCT and its staff and those individuals listed on the disclosure list below. d. Recipient shall submit any requests to add persons to the disclosure list to the FCT in writing. Upon the written consent of the Secretary of the Department of Environmental Protection or designee, the Parties may amend this Agreement to include additional persons to the disclosure list. All confidentiality requirements outlined above shall apply to individuals added to the list. 1 FCT Project #: 16-010-UA17 DEP Agreement Number: UA009 3. Disclosure List/Agreement to be Bound a. Recipient, and each of the undersigned board members and staff of the Recipient and its agents, if any, jointly and severally agree to maintain the confidentiality of appraisal information, offers and counteroffers concerning FCT Project Number 16-010-UA17, as required by Rule 62-819.008, F.A.C. and this Agreement. b. Each of the undersigned further certify that they have no legal or beneficial interest in the Project Site. Date Print Name, Title or Position Affix Si nature THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. 2 FCT Project #: 16-010-UA17 DEP Agreement Number: UA009 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement. RECIPIENT: CITY OF SANFORD, FLORIDA a Florida local government j RM Print Name: Title: PA Date: Q I FLORIDA COMMUNITIES TRUST, STATE OF FLORIDA, DEPARTMENT OF ENVIRONM TAL PROTECTION By. �elbretap g e Print Name:—D.,-,-"A Approved as to Form and Legality: By: Print Name: A0,i 1'6� Date: e - C-31 01- / 45 FCT Project #: 16-01 O -UA 17 DEP Agreement Number: UA009 Approved as to Form and Legall By: 7: Print Name: Date: 10-5 !