HomeMy WebLinkAboutExhibit ADEP AGREEMENT NUMBER: F1912
FCT PROJECT NUMBER: 18-012-FF19
PROJECT NAME: FAIRLAWN ACQUISITION
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 MIAMI, 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, Rule 62-818, Florida Administrative Code ("F.A.C.") sets forth the
procedures for the evaluation and selection of lands proposed for acquisition and Rule 62-819,
F.A.C. sets forth the acquisition procedures.
WHEREAS, on June 6, 2019, 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 Rule 62-818, F.A.C., and by executing
this Agreement the Recipient reaffirms the representations made in its application.
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.
DEP Agreement No. F1912, Page 1 of 22
FCT Project No. 18-012-FF19
NOW THEREFORE, FCT and Recipient mutually agree as follows:
I. PERIOD OF AGREEMENT
1. This Agreement will begin upon execution by both Parties and, will remain in effect
unless the Agreement is released by FCT pursuant to the terms of the Agreement, the Dedication
to Public Use and Declaration of Restrictive Covenants, and the rules and statutes governing the
program. FCT agrees to make funding under this Agreement available for one year after the date
of execution, unless extended or terminated earlier.
2. FCT may extend funding under this Agreement beyond one year 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 date
funding expires.
FCT may, in its sole discretion, consent to an extension of funding under this Agreement. The
decision to consent to an extension and the length of the extension will 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 funding under this
Agreement beyond the initial term.
If the Recipient does not request a written funding extension, or if a requested written funding
extension is not granted by FCT, the Recipient's FCT Award will 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 will be valid only when reduced to writing and duly signed by each
of the Parties. Such amendments will be incorporated into this Agreement.
III. DEADLINES
1. At least two original copies of this Agreement must be executed by the Recipient
and returned to the FCT office at 3900 Commonwealth Boulevard MS #115, Tallahassee, FL
32399 within 45 days of receipt by the Recipient. If the Recipient requires more than one original
document, the Recipient may photocopy the number of additional copies needed and then execute
each as an original document. Upon receipt of the signed Agreements, FCT will execute the
Agreements, retain one original copy, and return all other executed copies to the Recipient.
DEP Agreement No. F1912, Page 2 of 22
FCT Project No. 18-012-FF19
2. The Recipient and/or its representatives will 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 must submit the documentation required by this Agreement to FCT
as soon as possible so that FCT may reimburse the Project Costs in an expeditious manner.
4. Upon FCT's request, the Recipient must provide a status report of its progress
toward applying for reimbursement of the Project Costs.
5. The Recipient must develop the Project Site in accordance with the FCT Grant
Agreement 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 Forty percent (40%) of the final Project Costs, as more fully defined in Rule 62-
818.002(33), F.A.C., or Three Hundred Six Thousand, Two Hundred Forty-eight dollars and
Seventy Cents ($306,248.70), unless FCT approves a different amount. The Recipient will 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.
2. 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 will recognize
only those Project Costs consistent with the definition in Rule 62-818.002(33), F.A.C.
3. If Recipient's Acquisition Costs exceed the amount indicated in the application,
FCT's reimbursement will be limited to the amount or percentage estimated in the application.
4. FCT will participate in the land cost at either a percentage of the actual purchase
price or the maximum reimbursement amount, whichever is less. The maximum reimbursement
amount is established by the approved appraised value of the property as established by Rules 18-
1.006 and 18-1.007, F.A.C. If the Recipient purchased the property for more than the approved
appraised value, FCT can only reimburse a percentage of the appraised value (the percentage
indicated in the Recipient's application). 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.
DEP Agreement No. F1912, Page 3 of 22
FCT Project No. 18-012-FF19
5. The FCT Award will be delivered either in the form of Project Costs prepaid by
FCT to vendors if additional due diligence products are required, in the form of a State of Florida
warrant, or by electronic funds transfer (EFT). If the Recipient is required to obtain additional due
diligence products (e.g. appraisals, appraisal reviews, surveys, title information, and the like), the
cost of those products will be deducted from the final disbursement amount.
6. 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.
7. If a Match is required, it must be delivered in an approved form as provided in Rule
62-818.002(25), F.A.C. Funds expended by the Recipient for Project Costs will be recognized in
the Match amount on the grant reconciliation statement.
8. By executing this Agreement, the Recipient affirms that it is ready, willing, and
able to provide any required Match.
9. 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.
10. FCT's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Florida Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated
payments may be rescinded, with proper notice, at the discretion of FCT if the Legislature reduces
or eliminates appropriations.
11. 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 must establish a system to provide
adequate fund accountability for each project it has been awarded.
12. If FCT finds that funds have been commingled, FCT has 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, must refund the amount of money demanded.
Interest on any refund will be based on the prevailing rate used by the State Board of
Administration. Interest will 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.
DEP Agreement No. F1912, Page 4 of 22
FCT Project No. 18-012-FF19
13. If the Recipient recovers costs from another source that were incurred under this
Agreement and reimbursed by FCT, the Recipient must 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.
14. FCT must approve the terms under which the interest in land was acquired pursuant
to Section 380.510(3), F.S. Such approval is deemed given when FCT approves and delivers the
FCT award.
15. All real property must 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 will 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
Telephone: 850-245-2501
Email: floridacommunitiestrust(a�floridadep.gov
2. All contact and correspondence from FCT to the Recipient will be through the key
contact as required by Rules 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: Lillian Blondet
Organization: The City of Miami
Title: Director, Office of Grants Administration
Address: 444 SW 2°' Avenue, 5' Floor
Miami, FL 33130
Telephone: 305-416-1536
E-mail: LBlondet(a�miamigov.com
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 Dedication of Public Use and Declaration of Restrictive Covenants.
DEP Agreement No. F1912, Page 5 of 22
FCT Project No. 18-012-FF19
Name: Arthur Noriega V. or Successor
Organization: City of Miami
Title: City Manager
Address: 444 SW 2°' Avenue, 5' Floor
Miami, FL 33130
Telephone: 305-250-5400; 305-416-1046
E-mail: ANoriega(amiamigov.com
4. If different representatives or addresses are designated for NOTICE AND
CONTACT, specified herein, after execution of this Agreement, notice of the changes must be
rendered to FCT as provided in NOTICE AND CONTACT, paragraph V.1. above.
5. The Recipient hereby notifies FCT that the Recipient's Federal Employer
Identification Number(s) is 59-6000375.
VI. PROJECT PLAN APPROVAL
1. Prior to the final disbursement of the FCT Award, the Recipient will 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 Owner(s)
and the Recipient, based on one or more appraisals prepared consistent with Chapters 62-
819 and 18-1, F.A.C.
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 FCT Award being requested.
e. Supporting documentation that Recipient has satisfied any conditions imposed as
part of the FCT Grant Agreement.
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
Dedication to Public Use and 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 submitting it for approval.
DEP Agreement No. F1912, Page 6 of 22
FCT Project No. 18-012-FF19
3. FCT will not reimburse Project Costs until after FCT approval of the Project Plan.
VII. REIMBURSEMENT REQUIREMENTS
[PRE -ACQUIRED]
The Recipient must submit the following documents 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 Grand Keys LLC.
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 of the parcels
that meet the requirements of Chapter 62-819, F.A.C., and are dated within ninety (90)
days of the date the Recipient acquired the parcels.
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 must meet the requirements of Rule
62-819.005, F.A.C.
g. A copy of environmental site assessments (ESA) of the parcels, certified to the
Recipient, that meet 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, must 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.
DEP Agreement No. F1912, Page 7 of 22
FCT Project No. 18-012-FF19
4. The Recipient must provide the appraisal(s) and the remainder of the required
documents to FCT for review by a date not to exceed ninety (90) days after the execution of this
Agreement unless the Recipient requests an extension. FCT may review the appraisals and other
documentation and, upon approval, FCT will determine the maximum reimbursement amount as
provided in Chapters 62-818 and 62-819, F.A.C.
5. Upon FCT's approval of the Project Plan and the required reimbursement
documents, the FCT will provide the Recipient with the Grant Reconciliation Statement indicating
the amount of funds to be reimbursed by FCT.
VIII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT
1. Prior to approval of the Project Plan and final disbursement of the FCT Award, the
Recipient must 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 Articles VIII, IX, and X
herein.
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:
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.
e. 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.
DEP Agreement No. F1912, Page 8 of 22
FCT Project No. 18-012-FF19
i. A description of how the Recipient will coordinate management of the 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 must
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.
4. If the Recipient is a partnership, the Recipient must 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.
5. To ensure that future management funds will be available for the management of
the 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 requires 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 Dedication to Public Use and
Declaration of Restrictive Covenants; or (v) provide such other assurances as the Governing Board
may deem necessary to adequately protect the public interest.
6. The Recipient must, through its agents and employees, prevent any use of the
Project Site that is not in conformity with the FCT-approved Management Plan.
7. As required by Rule 62-818.013, F.A.C., after FCT reimbursement of Project Costs,
the Recipient must 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
DEP Agreement No. F1912, Page 9 of 22
FCT Project No. 18-012-FF19
annually, but after completion of the Project the Trust may, in its discretion, transfer the report to
a five-year review schedule.
IX. SPECIAL MANAGEMENT CONDITIONS
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:
1. FCT Sign - The Recipient must maintain a permanent FCT recognition sign, a
minimum of 3' x 4', at the entrance area of the Project Site and visible to the public. The sign must
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.
2. Recreational Facilities - The Recipient must provide at least three recreational
facilities such as picnic facilities, a playground and a fitness court. The Recipient should endeavor
to place facilities and site improvements on previously disturbed areas to the greatest extent
possible.
3. Trails - The Recipient must provide a land -based walking, nature, bike, equestrian,
or multi -use trail on the Project Site. The recipient must provide benches and a water fountain
along the trail.
4. Connectivity - The Project Site must connect to adjacent neighborhoods by a
sidewalk within an existing right-of-way.
5. Interpretation - The Recipient must provide interpretive kiosks on the Project Site
to educate visitors about the natural environment and the unique history of the area.
6. Education Programs - The Recipient must 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.
7. Water Quality Facility - The Recipient must 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 must be designed to have a park -like or natural setting.
8. Archaeological and Historic Resources - The Recipient must develop and manage
the Project Site to ensure the preservation of historical, cultural, or archaeological features on the
Project Site.
X. DEDICATION TO PUBLIC USE AND DECLARATION OF RESTRICTIVE
COVENANTS REQUIREMENTS IMPOSED BY CHAPTERS 259 AND 380, PART
III, F.S.
DEP Agreement No. F 1912, Page 10 of 22
FCT Project No. 18-012-FF19
1. Each parcel in the Project Site will be subject to a Dedication of Public Use and
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. The Dedication to Public Use and Declaration of Restrictive Covenants must
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 Dedication to Public Use and Declaration of Restrictive Covenants must also
restate the conditions that were placed on the Project Site at the time of project selection and initial
grant approval. The Dedication to Public Use and Declaration of Restrictive Covenants must be
executed by FCT and the Recipient at the time of grant disbursement and must be recorded by the
Recipient in the public records of the county(s) where the Project Site is located.
3. If any essential term or condition of the Dedication to Public Use and Declaration
of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge
of the Recipient, the Recipient will be notified of the violation by written notice given by electronic
mail, personal delivery, registered mail, or registered expedited service. The Recipient must
diligently proceed to cure the violation and will 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 may submit a written request to FCT for an extension. The request
must include the status of the current activity, the reasons for the delay, and a time frame for the
completion of the cure. FCT will respond within thirty (30) days of receiving the request, and
approval of the request will not be unreasonably withheld. It is FCT's position that all curing
activities must 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 request, fee simple title to all interest in the Project Site must
be conveyed to the Trustees. FCT will treat such property in accordance with Section 380.508(4),
F.S.
XI. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF
PROJECT FUNDING
1. The interest acquired by the Recipient in the Project Site will 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
must be conveyed to the Trustees.
3. Following the acquisition of the Project Site, the Recipient will ensure that the
future land use and zoning designation assigned to the Project Site is for a category dedicated to
open space, conservation, or outdoor recreation uses, as appropriate. If an amendment to the
applicable comprehensive plan is required, the amendment must be proposed at the next
DEP Agreement No. F 1912, Page 11 of 22
FCT Project No. 18-012-FF 19
comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's
acquisition. Recipient's failure to obtain the required future land use and zoning designation
dedicated to open space, conservation, or outdoor recreation uses, or obtain a variance or other
approval that permits the use of the Project Site as an open space, conservation, or for outdoor
recreation use in accordance with the Management Plan, will constitute a violation of an essential
term of the Award.
4. FCT staff or its duly authorized representatives will have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
5. The Project Site will permanently contain one sign recognizing FCT's role in the
acquisition of the Project Site. Recipient will permanently display the FCT sign at the Project Site
within ninety (90) days of the final disbursement of the FCT Award. In addition, within such 90-
day period, Recipient will deliver a color photograph of the installed FCT Project sign to the FCT.
XII. 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 transactions, events, and
circumstances itemized below (collectively, the "disallowable activities") may violate the
covenants and restrictions imposed on the site:
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 without FCT approval.
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.
e. A management contract for the Project Site with a non -governmental person or
organization without an FCT-approved management agreement.
f. Other activity that may be specified from time to time in writing by FCT to the
Recipient.
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 will 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 will provide to FCT such information as FCT
DEP Agreement No. F 1912, Page 12 of 22
FCT Project No. 18-012-FF19
reasonably requests in order to evaluate for approval or denial the legal consequences of such
disallowable activities .
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 will
immediately cease or cause the cessation of the disallowable activities upon receipt of written
notice from FCT. In addition to all other rights and remedies at law or in equity, FCT has 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.
XIII. RECORDKEEPING; AUDIT REQUIREMENTS
1. The Recipient will 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.) consistently applied. FCT, the State, or their authorized
representatives will 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 must require each subcontractor to maintain
and allow access to such records for audit purposes. Upon request of Department's Inspector
General, or other authorized State official, Grantee will provide any type of information the
Inspector General deems relevant to Grantee's integrity or responsibility. Such information may
include, but is not limited to, Grantee's business or financial records, documents, or files of any
type or form that refer to or relate to Agreement. The Grantee will retain such records for the longer
of: (1) three years after the expiration of the Agreement; or (2) the period required by the General
Records Schedules maintained by the Florida Department of State (available at:
http://dos. myflorida. com/library-archives/records-management/general-records-schedules/).
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 its
subrecipients and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its subrecipients and/or subcontractors, respectively.
b. FCT personnel will be given access to and may observe and inspect work being
performed under this Agreement, with reasonable notice and during normal business hours,
including by any of the following methods:
i. Recipient will provide access to any location or facility where Recipient is
performing work, or storing or staging equipment, materials, or documents;
DEP Agreement No. F 1912, Page 13 of 22
FCT Project No. 18-012-FF19
ii. Recipient will permit inspection of any facility, equipment, practices, or
operations required in performance of any work pursuant to this Agreement; and
iii. Recipient will allow and facilitate sampling and monitoring of any
substances, soils, materials, or parameters at any location reasonable or necessary
to assure compliance with any work or legal requirements pursuant to this
Agreement.
c. In addition to the requirements of the preceding paragraph, the Recipient will
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 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 must notify the key contact with FCT to request
a copy of the updated information.
d. 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 will consider the type of financial assistance (federal and/or state) identified in
Attachment A, Exhibit 1 when making this determination. For state financial assistance,
the Recipient will use the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be
found under the "Links/Forms" section appearing at the following website:
https://apps.fldfs.com/fsaa
The Recipient should confer with its chief financial officer, audit director, or contact the FCT for
assistance with questions pertaining to the applicability of these requirements.
XIV. 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 will 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 actions constitute a Default:
a. If FCT finds that any warranty or representation made by the Recipient in this
Agreement, or in any document provided to FCT, is false or misleading in any respect.
DEP Agreement No. F 1912, Page 14 of 22
FCT Project No. 18-012-FF19
b. If the Recipient fails to perform any of the terms or covenants contained in this
Agreement and has not cured such failure in timely fashion, or is unable or unwilling to
meet its obligations hereunder; or
c. 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 material adverse change
within thirty (30) days from the date written notice is sent to the Recipient by FCT; or
d. 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
e. If the Recipient fails to perform any of its obligations under this Agreement in a
timely fashion; or
f. If the Recipient fails to comply with Project deadlines set forth in the approved
Management Plan; or
g-
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 will 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 will be effective upon
the date of the letter. Notification will 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 may 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
DEP Agreement No. F 1912, Page 15 of 22
FCT Project No. 18-012-FF19
access to any document, paper, letter, or other material subject to disclosure under Chapter 119,
F.S., as amended.
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 reimbursement by
a written request fully describing the circumstances that compel the Recipient to terminate the
Project. A request for termination must be provided to FCT in a manner described in paragraph
V.l.
XV. PUBLIC RECORDS ACCESS
1. Recipient must 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 must keep and maintain public records
required by the FCT to perform the services under this Agreement.
2. This Agreement may be unilaterally canceled by the FCT for refusal by the
Recipient to either provide to the FCT 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 FCT. If the FCT does
not possess the requested records, the FCT will immediately notify the Recipient of the
request, and the Recipient must provide the records to the FCT or allow the records to be
inspected or copied within a reasonable time. If Recipient fails to provide the public records
to the FCT within a reasonable time, the Recipient may be subject to penalties under
Section 119.10, F.S.
b. Upon request from the FCT's custodian of public records, Recipient must provide
the FCT 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 must 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 FCT.
DEP Agreement No. F 1912, Page 16 of 22
FCT Project No. 18-012-FF19
d. Upon completion of the Agreement, Recipient must transfer, at no cost to FCT, all
public records in possession of Recipient or keep and maintain public records required by
the FCT to perform the services under this Agreement. If the Recipient transfers all public
records to the FCT upon completion of the Agreement, the Recipient may 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 must meet all applicable requirements for retaining public
records. All records that are stored electronically must be provided to the FCT, upon
request from the FCT's custodian of public records, in a format that is accessible by and
compatible with the information technology systems of the FCT.
E. 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 FCT'S
CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-
2118, by email at ombudsman@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
XVI. 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.
XVII. SCRUTINIZED COMPANIES
1. In executing this Agreement, the Recipient certifies that it is not on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,
F.S., the FCT may immediately terminate this Contract at its sole option if the Grantee is found to
have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that
Boycott Israel List or is engaged in the boycott of Israel during the term of the Contract.
2. If this Agreement is for more than one million dollars, the Grantee certifies that it
is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with
DEP Agreement No. F 1912, Page 17 of 22
FCT Project No. 18-012-FF19
Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba
or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the FCT may
immediately terminate this Contract at its sole option if the Grantee is found to have submitted a
false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in
Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Contract.
3. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these
contracting prohibitions then they will become inoperative.
XVIII. STANDARD CONDITIONS
1. The Recipient and all its agents will comply with all federal, state, and local
regulations, including but not limited to, nondiscrimination, wages, social security, workers'
compensation, licenses, and registration requirements. The Recipient will include this provision
in all subcontracts issued as a result of this Agreement.
2. No person, on the grounds of race, creed, color, religion, national origin, age,
gender, or disability, will be excluded from participation in; be denied the proceeds or benefits of;
or be otherwise subjected to discrimination in performance of this Agreement.
3. This Agreement is governed by and will be construed in accordance with the laws
of the State of Florida.
4. Any dispute concerning performance of the Agreement will be processed as
described herein. Jurisdiction for any damages arising under the terms of the Agreement will be
in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon
County. Except as otherwise provided by law, the parties agree to be responsible for their own
attorney fees incurred in connection with disputes arising under the terms of this Agreement.
5. 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.
6. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to
persons placed on the convicted vendor list or the discriminatory list:
a. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public entity;
may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant
under a contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, F.S., for
DEP Agreement No. F 1912, Page 18 of 22
FCT Project No. 18-012-FF19
CATEGORY TWO for a period of 36 months following the date of being placed on the
convicted vendor list.
b. An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids,
proposals, or replies 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
any public entity; and may not transact business with any public entity.
c. The Grantee must notify the FCT if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list or the discriminatory vendor list
during the life of the Agreement. The Florida Depailinent of Management Services is
responsible for maintaining the discriminatory vendor list and posts 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.
7. The Recipient agrees that no funds received by it under this Agreement will be
expended for the purpose of lobbying the Legislature or a State agency pursuant to Section
216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term
of any executed agreement between Recipient and the State, Grantee may lobby the executive or
legislative branch concerning the scope of services, performance, term, or compensation regarding
that agreement. The Recipient must comply with Sections 11.062 and 216.347, F.S.
8. 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 is cause for unilateral cancellation of this Agreement. The
Recipient is responsible for including this provision in all subcontracts with private organizations
issued as a result of this Agreement.
9. The Recipient will comply with all applicable federal, state, and local rules and
regulations in providing services to the FCT 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.
10. The Recipient will require any subcontractors under this Contract to save and hold
harmless and indemnify the State of Florida and the Department against any and all liability, claims,
judgments, or costs 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
Contract resulting from the negligent acts of the subcontractor, or any employees, agents, or
representatives of the subcontractor. This provision must be included in any subcontract issued
pursuant to this Contract.
11. As a political subdivision of the State of Florida, the Recipient's liability is regulated
by Florida law. Except for negligent acts or omissions of its employees acting within the course and
DEP Agreement No. F 1912, Page 19 of 22
FCT Project No. 18-012-FF19
scope of their employment, the Recipient will not indemnify any entity or person and, then such
indemnification is limited to the express terms of Section 768.28, Florida Statutes. The Recipient is
self -insured to the extent of its liability under law and any liability in excess of that specified in statute
may be awarded only through special legislative action. Accordingly, the Recipient's liability and
indemnification obligations in this contract are effective only to the extent expressly required by
768.28, Florida Statutes or other limitations imposed on the Recipient's potential liability under state
or federal law.
12. The Recipient, as an independent contractor and not an agent, representative, or
employee of the FCT, agrees to carry adequate liability and other appropriate forms of insurance.
The FCT has no liability except as specifically provided in this Agreement.
13. This Agreement, and any amendments related to this Agreement, may be executed
in counterparts, each of which will be an original and all of which constitutes the same instrument.
In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile
transactions, may be used and will have the same force and effect as a written signature. Each
person signing this Agreement warrants that he or she is duly authorized to do so and to bind the
respective party to this Agreement.
14. This Agreement embodies the entire agreement between the Parties. Any
alterations, variations, changes, modifications, or waivers of provisions of this Agreement are only
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F1912, Page 20 of 22
FCT Project No. 18-012-FF19
IN WITNESS WHEREOF,
RECIPIENT: CITY OF MIAMI,
a Florida local government
the Parties hereto have duly executed this Agreement.
FLORIDA COMMUNITIES TRUST,
STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
Secretary or designee
Print Name: Arthur Noriega V Print Name:
Title: City Manager Title:
Date: Date:
Attest: Approved as to Form and Legality:
By: By:
Print Name: Tom B. Hannon, City Clerk Print Name:
Date: Date:
Approved as to Form and Legality:
By:
Print Name: Victoria Mendez, City Attorney
Date:
Approved as to Insurance Requirements:
By:
Print Name: Ann -Marie Sharpe, Director
Risk Management
Date:
DEP Agreement No. F1912, Page 21 of 22
FCT Project No. 18-012-FF 19
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. F1912, Page 22 of 22
FCT Project No. 18-012-FF19
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", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which
may be referred to as the "Contractor'; Grantee" or other name in the contract/agreement) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, 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 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 (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).
1. 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 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, 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 Subpart C of OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F.
3. 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.2ov
DEP Agreement No. F1912, Attachment A Page 1 of 5
FCT Project No. 18-012-FF19
Rev. 5/30/17
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 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 $750,000 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 $750,000 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://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped 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
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the
recipient directly to each of the following:
DEP Agreement No. F1912, Attachment A Page 2 of 5
FCT Project No. 18-012-FF19
Rev. 5/30/17
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:
FDEPSingleAudit@dep.state. fl.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 loth 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 http://harvester.census.gov/facweb/
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:
FDEPSingleAudit(adep.state.fl.us
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 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. F1912, Attachment A Page 3 of 5
FCT Project No. 18-012-FF19
Rev. 5/30/17
Electronically:
FDEPSingleAudit(adep.state.fl.us
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
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 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:
FDEPSingleAudit(adep.state.fl.us
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, as revised, and 2 CFR Part 200, Subpart F, 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, as revised and 2 CFR Part 200, Subpart F, 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 Agreement No. F1912, Attachment A Page 4 of 5
FCT Project No. 18-012-FF19
Rev. 5/30/17
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
$
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
3710
Florida Forever Trust Fund
2019
37.078
Florida Communities Trust (Florida
$306,248.70
084112
Forever Funded Grant Program)
Total Award
$306,248.70 1
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. 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. F1912, Attachment A Page 5 of 5
FCT Project No. 18-012-FF19
Rev. 5/30/17