2016-05 Land and Water Conservation Fund GrantORDINANCE NO. 2016-05
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE RECEIPT OF GRANT FUNDS FROM THE LAND AND WATER
CONSERVATION FUND PROGRAM FOR THE ANCHORAGE PARK
IMPROVEMENT PROJECT; AMENDING THE ADOPTED GENERAL FUND
BUDGET FOR FISCAL YEAR 2015 -2016 TO APPROPRIATE $200,000.00 TO
PROVIDE MATCHING FUNDS AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE BUDGET AMENDMENT; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Environmental Protection has awarded the Village
$200,00 in grant funds from the Land and Water Conservation Program for the Anchorage Park
Improvement Project; and
WHEREAS, Village Administration recommended transferring $200,000 from the General Fund
Unassigned Balance Account to provide matching funds for the grant award; and
WHEREAS, because the transfer of funds from the Unassigned Fund Balance Account increases
the total amount of the current year budget, the transfer must be accomplished by ordinance as
required by Section 166.241, Florida Statutes; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified as true and correct and incorporated herein.
Section 2. The Village Council hereby amends the adopted Village of North Palm Beach
General Fund budget for Fiscal Year 2015 -2016 as follows:
Budget Amendment:
Account
Description
Use
Source
General Fund:
A4600 -09100
Appropriated Fund Balance
$ 200,000
A5540 -49102
Transfer Out to Special Revenue Recreation Fund
$ 200,000
Total General Fund
$ 200,000
$ 200,000
Special Revenue Rec Fund:
U3900 -09102
Transfer In from General Fund
$ 200,000
U8028 -66210
Anchorage Park
$ 200,000
Total Special Revenue Rec Fund
1$200,000
$ 200,000
Page 1 of 2
Section 3. The Mayor and Village Clerk are hereby authorized and directed to execute the
budget amendment for and on behalf of the Village of North Palm Beach.
Section 4. The Village Council approves a Grant Agreement with the Florida Department of
Environmental Protection (DEP Contract No. LW642) for receipt of the grant funds and authorizes
the Mayor and Village Clerk to execute the Agreement on behalf of the Village. The Village
Council may approve amendments to the Agreement by resolution without the need to amend
this Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 10TH DAY OF MARCH, 2016.
PLACED ON SECOND, FINAL READING AND PA
(Village Seal)
ATTEST:
,��e-
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
L AGE ATTORNEY
Page 2 of 2
This instrument was prepared by:
IIIIIi 111II Iill! VIII Dill IIIA IIIIB II I lill
C • ItW i. a. :... ... .
NOTICE OF SITE DEDICATION AND LIMITATION OF USE
(fee simple ownership by grantee)
Village of North Palm Beach , whose mailing address is
501 US Highway 1 North Palm Beach, FL 33408
Name of Grantee as Shown on Grant Agreement Grantee Mailing Address
("grantee") has acquired or developed the real property described in Attachment A, attached hereto and incorporated herein
by reference (the "Project Site"), with financial assistance provided by the Florida Recreation Development Assistance
Program, in accordance with Chapter 62D-5, F.A.C. Pursuant to Rule 62D-5.059(1), F.A.C., the grantee hereby dedicates
the Project Site in perpetuity as an outdoor recreation area for the use and benefit of the general public.
The grantee covenants that the Project Site and any facilities thereon, as set forth in the grant agreement attached hereto and
incorporated herein as Attachment B and depicted on the boundary map attached hereto and incorporated as Attachment C,
will be open to the public at reasonable times, will be operated in a safe and attractive manner, and the grantee will abide
by the requirements of Chapter 62D-5.053-.059, F.A.C., relating to Florida Recreation Development Assistance Program
funding for the Project Site. Pursuant to Rule 62D-5.059(3), F.A.C., if the grantee converts any part of the Project Site or
facilities thereon acquired or developed with grant assistance to other than a use approved by the State of Florida Department
of Environmental Protection, the grantee shall replace the area, facilities, resource, or site at its own expense with a project
adjacent to or near the original Project Site that is of comparable or greater value, scope, and quality and acceptable to the
State of Florida Department of Environmental Protection.
WITNESSES:
Original Signature
Printed Name of Witness
Original Si ature
a4=N
Printed Name of Witness
STATE OF
COUNTY OF q C,4, C�--
Village of North Palm Beach
Name of Grantee as Shown on Grant Agreement
Printed Name
Printed Title
(SEAL)
,- The fore oing instrument was acknowledged before me on (>,-�)67-r j , 2019, by 1' VIAS: � _R� Qk , as
VrQ.�i c^-�� rz�;�for and on behalf of village of Noah Palm Beach . He/She is personally known to e or
who has produced as identification.
(SEAL) n=s�
���PRyAss Jessica J. Green'gn tore of Nota' Pu lic, State of Florida
NOTARY PUBLIC
—STATE OF FLORIDA
Comm# FF949659
Expires 3/7/2020
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NOTICE OF SITE DEDICATION AND LIMITATION OF USE
(fee simple ownership by grantee)
Village of North Palm Beach , whose mailing address is
501 US Highway 1 North Palm Beach, FL 33408
Name of Grantee as Shown on Grant Agreement Grantee Mailing Address
("grantee") has acquired or developed the real property described in Attachment A, attached hereto and incorporated herein
by reference (the "Project Site"), with financial assistance provided by the Florida Recreation Development Assistance
Program, in accordance with Chapter 62D-5, F.A.C. Pursuant to Rule 62D-5.059(1), F.A.C., the grantee hereby dedicates
the Project Site in perpetuity as an outdoor recreation area for the use and benefit of the general public.
The grantee covenants that the Project Site and any facilities thereon, as set forth in the grant agreement attached hereto and
incorporated herein as Attachment B and depicted on the boundary map attached hereto and incorporated as Attachment C,
will be open to the public at reasonable times, will be operated in a safe and attractive manner, and the grantee will abide
by the requirements of Chapter 62D-5.053-.059, F.A.C., relating to Florida Recreation Development Assistance Program
funding for the Project Site. Pursuant to Rule 62D-5.059(3), F.A.C., if the grantee converts any part of the Project Site or
facilities thereon acquired or developed with grant assistance to other than a use approved by the State of Florida Department
of Environmental Protection, the grantee shall replace the area, facilities, resource, or site at its own expense with a project
adjacent to or near the original Project Site that is of comparable or greater value, scope, and quality and acceptable to the
State of Florida Department of Environmental Protection.
WITNESSES:
Original Signature
Printed Name of Witness
Original Si ature
a4=N
Printed Name of Witness
STATE OF
COUNTY OF q C,4, C�--
Village of North Palm Beach
Name of Grantee as Shown on Grant Agreement
Printed Name
Printed Title
(SEAL)
,- The fore oing instrument was acknowledged before me on (>,-�)67-r j , 2019, by 1' VIAS: � _R� Qk , as
VrQ.�i c^-�� rz�;�for and on behalf of village of Noah Palm Beach . He/She is personally known to e or
who has produced as identification.
(SEAL) n=s�
���PRyAss Jessica J. Green'gn tore of Nota' Pu lic, State of Florida
NOTARY PUBLIC
—STATE OF FLORIDA
Comm# FF949659
Expires 3/7/2020
LW642 LW642
(LWCF Project Number)
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL, PROTECTION
GRANT AGREEMENT
FISCAL- YEAR 2015-2016
THIS AGREEMENT 'is entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee,
Florida 32399-3000 (hereinafter called the "Department"), and the Village of North Palm Beach, whose
address is 501 SW Highway 1, North,Palm..Beach, Florida, 33408 (hereinafter called the "Grantee"), a local
government, in furtherance of the Anchorage Park, Phase M, (hereinafter called "Project'),, an .approved
Outdoor Recreation Project.
Collectively, the Department and the- Grantee shall be referred to as "Parties" or individually as a
"Party". - For purposes of this Agreement, the terms "Grantee" and "Recipient" may be used
interchangeably.
Procedures and requirements contained in this Agreement are subject to applicable federal and state
laws and regulations, as well as any changes made to these laws and regulations subsequent to this
Agreement.
WHEREAS, the Department receives funds from the United States Department of the Interior,
National Park Service (hereinafter called "USDOI, "NPS"), for the purpose; authority and, power to provide
grants in accordance with Section 375.021(4), Florida Statutes, OUTDOOR RECREATION AND
CONSERVATION LANDS, and Rules 62D-5.068' through 62D-5.074, Florida Administrative Code
("F.A.C."), as may be amended from time to time (hereinafter collectively called the Rule) and,
WHEREAS, the USDOI, NPS, :as federal apportionment, allocated Land and Water Conservation
Fund (LWCF) resources to the State of Florida and,
WHEREAS, the Florida Legislature provides expenditure authority to the Department pursuant to
Chapter 375.021(4), Florida Statute's, and further authorizes the Department to administer grants for
Outdoor Recreation and Conservation purposes and,
WHEREAS, the Grantee applied for LWCF funds under Project number LW642, which funds are
awarded to Grantee and,
WHEREAS, the Grantee agrees to perform in accordance with the Land and Water Conservation
Fund Act of 1965, Public Law 88-578, 78 Stat 897, as amended (hereinafter called the LWCF Act or the
Program); and agrees to perform all provisions and mandates prescribed by USDOI, NPS, in.the LWCF
State Assistance Program, Federal Financial Assistance Manual (hereinafter called "Manual", formerly
known as the Grants -in -Aid Manual), and including but not limited to the Code of Federal Regulations
("CFR's) referenced below. ' Additionally, the Manual refers ,to the CFRs applicable to this Grant
Agreement. The following table identifies several of the key CFRs addressed in the Manual, but does not
limit the Grantee to compliance with only the CFRs identified in the table.
DEP.LWCF Agreement: LW642 Page 1 of 19
FINAL 11.2015
CFR Cite
Title
36 CFR 59
Land and Water Conservation Fund Program Assistance to States; Post -
Completion Compliance Responsibilities
36 CF.R 800.8.: , :
Coordination With the National Environmental Policy Act
43 CFR 12
Administrative and Audit Requirements and Cost Principles for Assistance
Piro .ams
43 CFR 17
Nondiscrimination in Federally Assisted Programs of the Department of
Interior
The Grantee agrees to become familiar with all provisions and comply with the Rule and Manual,
including the above -stated provisions of the CFR, which are incorporated into this Grant
Agreement by reference, as if fully set forth herein.
WHEREAS, the Parties agree, in the event a dispute should arise. concerning the intent of any
language herein, the same shall be resolved ,by the -adoption of a* meaning which furthers the intent and
purpose of the Program, as set forth in the Manual, and the general provisions governing this Agreement.
Unless defined herein, capitalized terms used in this Agreement shall have the same meaning as those set
forth, in the Rule. No construction shall be contrary to the requirements of any Act of Congress or of the
regulations of the Secretary of the Interior. This Agreement -shall be read in conjunction with the Rule.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Department
and Grantee do hereby agree as follows:.
1. TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in
this Agreement, additionally described in "Attachment A, Grant 'Work Plan", including all
attachments and exhibits named herein, which are" attached hereto and incorporated, by reference.
This Agreement is not transferable.
Administrative Forms and Reimbursement Forms referenced in this Agreement may be found at
www.dep.state.fl.us/,parks/oirs/ or by contacting the Department's Grant Manager.
The Project site(s) shall be open at reasonable times and shall be managed in a safe and attractive
manner. The Project facilities shall be kept in reasonable repair for a minimum of 25 years from
the date set forth on the Project Completion Certificate to prevent undue deterioration.
Prior to commencement of Project, the Grantee shall submit to Department for approval all
documentation and completion of responsibilities listed on "Attachment B, Commencement
Documentation Checklist" attached hereto and incorporated by reference.
Project Site Facilities shall be attractive for public use, and generally consistent and compatible with
the environment. Plans . and specifications for Project Site improvements and Facilities shall be in
accordance with current and established engineering and architectural standards and practices.
Emphasis should be given to the health and safety of users, accessibility to the general public, and the
protection of the recreational and natural values of the area. This conceptual site Development plan
may be altered by the Grantee, only after written approval by the Department. Any and all utility lines
installed within the site* shall be placed underground. The Grantee shall have the final site Development
plans (site, engineering, and architectural) prepared for the proper and full completion of the Project,
DEP.LWCF Agreement: LW642 Page 2 of 19
FINAL 11.2015
sealed by a registered architect or engineer licensed in accordance with the laws of the State of Florida
(collectively the "Project Plans"), and shall deliver a complete original, signed and sealed, set of the
Project Plans to the :Department. as a condition to commencement:
Upon satisfactory approval by the Department the Department will issue written notice to Grantee to
commence the Project. Unless. and. until the Department issues .written notice of approval authorizing
Grantee .to commence the Project, Grantee shall not incur nor.. charge; and the Department shall not be
obligated to pay or reimburse Grantee for fees, cost, or general expenses of any. kind, which occurred
during the commencement approval period.
2. PERIOD OF AGREEMENT:
This Agreement shall bec_ ome effective upon .execution by both, parties and the Grantee shall
complete development of the Project on or before three years from the effective date (hereinafter
referred to as the "Project Completion Date") and shall remain in effect until the established Project
Completion Date, inclusive. The Grantee shall have up to 3 years from the effective date to
complete the Project unless extended by Department staff for good cause, such as financial
hardship, public controversy, material shortage, unfavorable weather conditions, or factors beyond
the Grantee's control, upon written request of the Grantee.
3. FUNDING/CONSIDERATION/INYOICING:
The Grantee shall be eligible for authorized ':reimbursement, in whole or in .part, for cost pursuant
to LWCF guidelines, through the expiration date of this Agreement, provided that the cost(s) meet
all requirements and financial reporting of the LWCF program and, rules and regulations applicable
to expenditures of Federal and State funds, hereby adopted and incorporated by reference.
A. As consideration for satisfactory performance rendered by the Grantee under LWCF
guidelines and terms of this Agreement the Department shall pay the Grantee on a
reimbursement basis up to ,a maximum of' 200;000 towards the total estimated project cost
of $400,000. The parties understand and agree that this Agreement requires at least a 50%
match from tle'Grantee-towards the work funded under this Agreement. It is understood
that any additional funds necessary for the completion of this Project are the responsibility
of the Grantee. It is further understood that, grant* funds may be revised by the Department
due to the availability of Program funds. Grant awards are contingent upon appropriation
by the USDOI, NPS and/or the Florida Legislature.
All match shall meet the federal requirements established in 40 CFR Part 30, 40 CFR Part
31 and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230) and A-21 (2 CFR 220), as
applicable, as may be amended from time to time.
B. Prior written approval from the Department's Grant Manager shall be required for changes.
to this Agreement. Changes to approved budget categories within a single deliverable that
are less than 10% of the total approved deliverable budget amount will require a formal
Change Order to the Agreement. Changes" that are 10% or greater of the total approved
deliverable budget amount, or changes that transfer funds from one deliverable to another
deliverable, or changes that increase or decrease the Project's total funding amount will
require a formal Amendment to the Agreement.
DEP.LWCF Agreement: LW642 Page 3 of 19
FINAL 11.2015
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal and approval of each deliverable identified in Attachment
A, in accordance. with the schedule therein. Reimbursement shall be requested utilizing
Attachment C., "ayment Request Summary -:.Form". To be eligible for reimbursement,
costs must be in compliance with laws, rules and regulations:,applwable to expenditures of
.Federal and/or State funds, including, but not 1imited -to, the State of Florida's Reference
Guide 'for State Expenditures; which can: be accessed at the following web.: address:
http://www.myfloridacfo.com/aadir/reference g1jid e/. All invoices for amounts due under
this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit
thereof. A final payment request should be submitted to the Department no later than sixty
(60) calendar days following the completion date of -the Agreement, to assure the
availability of fluids for payment. All 'work performed pursuant to Attachment A must be
performed on or before the completion date of the Agreement, and/or pursuant to the
LWCF guidelines.,
D. The State of Florida, Chief Financial Officer requires detailed supporting documentation
of all costs under a cost reimbursement agreement. The Grantee shall comply with the
minimum requirements set forth in Attachment D, Contract Payment Requirements.
The "Payment Request Summary Form" shall be accompanied by supporting
documentation and ,other requirements as follows for each deliverable:
i. Salaries/Waaes — The Grantee may be reimbursed for direct salaries or multipliers
(i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) for
Grantee's employees, as listed in Attachment C.
ii. Overhead/.Indiirect/General and Administrative Costs — All multipliers used
(:e., :fringe benefits, overhead, indirect, and%or general and administrative rates)
shall be supported by audit. If the Department determines that multipliers charged
by the Grantee exceeded the rates supported by audit, the Grantee shall be required
to reimburse s..uch funds to the Department within thirty (30) calendar days of
written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration.
a. Fringe Benefits W Shall be calculated at the rate up to 40% of direct
salaries.
b. Indirect Cost — Shall be calculated at the rate of 15% of direct cost.
iii. Contractual (Subcontractors) -- Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup
documentation identical to that required from the Grantee. Subcontracts which
involve payments for direct salaries shall clearly identify the personnel involved,
DEP.LWCF Agreement: LW642 Page 4 of 19
FINAL 11.2015
salary rate per hour, and hours spent on the project. All multipliers used (i.e.,
:fringe benefits, overhead,_ indirect, and/or general and administrative rates) shall
be supported by audit. If the Department determines that multipliers charged by
any subcontractor exceeded the rates supported by audit, the Grantee shall be
required to reimburse such funds -to the Department within thirty (30) calendar
days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. For fixed-
price (vendor) subcontracts,: the following provisions shall apply:
a. The Grantee may award, .on acompetitive basis, fixed-price subcontracts
to consultants/contractors in performing the work described in
Attachment A. Invoices . submitted to the. Department for fixed-price
subcontracted activities shall be supported with a copy of the
subcontractor's invoice :and a copy -.6f the tabulation form for the
competitive procurement process .(i.e., Invitation to Bid or Request for
Proposals) resulting in the fixed -
,price subcontract:
b. The Grantee may request -approval from .the Department to award a
fixed price' subcontract resulting from procurement methods other than
those identified Herein. In this instance, the Grantee shall request the
advance written approval Arom the Dep'artment's Grant Manager of the
fixed .price negotiated by the. Grantee. The letter of request shall be
supported by a detailed budget and Scope of Services to be performed
by the subcontractor. Upon receipt of the Department Grant Manager's
approval of the . fixed-price " amount, the Grantee may proceed in.
finalizing the fixed-price subcontract.
C. All subcontracts are subject to the provisions of paragraph 12 and any
other appropriate :-provisions of this Agreement which affect
subcontracting activities.
iv. Rental/Lease of Equipment — Include copies of invoices or receipts to
document charges.
V. Equipment -- The Grantee will not be reimbursed for the purchase of non -
expendable equipment costing $1000 or more under the terms and conditions of
this Agreement.
vi. Travel — The Grantee will not. be reimbursed for travel expenses under the terms
and conditions of this Agreement.
E. In addition to the invoicing requirements contained herein, the Department will
periodically request proof. of a transaction (invoice, payroll register, etc.) to.evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines
(including cost allocation guidelines), as appropriate. This information, when requested,
must be provided within thirty (30) calendar days of such request. The Grantee may also
be required to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State guidelines for
allowable costs can be found in the Department of Financial Services' Reference Guide for
State Expenditures at http://www.myfloridacfo.com/aadir/reference-gLlide/ and allowable
DEP.LWCF Agreement: LW642 Page 5 of 19
FINAL 11.2015
costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR
Part 74, at htt •/p�www access.gpo.gov/nara/cfr/cfr-tAble�seatch.html and OMB Circulars
A-87 (2. CFR 225), A422 (2 .CFR 230); A-21 (2 CFR 220); and administrative
requirements can be . found in OMB Circulars A-1.02 and A-110 (2 CFR 215) at
hUp•//Www.whitehouse. gov/omb/circulars/index.html#numerical.
F. i. , The accounting, systems . for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be
accounted for separately. Grantees are prohibited from commingling funds on
either a. program -by -program or a project -by -project basis. Funds specifically
budgeted and/or received for one project may not be used to support another
project. Where. a 'Grantee's, or subrecipienfs, accounting system cannot comply
with this requirement, the Grantee,, or subrecipient, shall establish a system to
provide adequate fund accountability for each project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department
shall have the right, to demand a refund, either in whole or in part, of the funds
provided . ,to : the. Grantee under this Agreement for non-compliance with the
material terms of this Agreement. The Grantee, upon such written notification
from the Department shall refund, and shall forthwith pay to the Department, the
amount -of money demanded by the Department. Interest on any refund shall be
calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the original payment(s) are received
from the Department by the Grantee to the date repayment is made by the Grantee
to the Department.
111. In the event that the. Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse
the Department for all recovered funds originally provided under this Agreement.
Interest on any refund shall be calculated based on the prevailing rate used by the
State Board ,of Administration. Interest shall be calculated from the date(s) the
payment(s) are recovered by the Grantee to the date repayment is made to the
Department by the Grantee.
G. If the total cost of the. Project exceeds the grant amount, and/or the required match, as applicable,
the Grantee must pay the excess cost.
H. The federal funds awarded under this Agreement must comply with The Federal Funding
Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower
every American with the ability to hold the government accountable for each spending decision.
The end result is to reduce wasteful spending in the government. The FFATA legislation requires
that information on: federal awards (federal financial assistance and expenditures) be made
available to the public via a single, searchable website, which is www.USASpending,gov. Grant
Recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after
October 1, 2010 are subject to the FFATA. The Grantee agrees to comply and provide any and all
necessary information, over the life of this Agreement; for the.Grantee and/or the Department to
fulfill these requirement.
DEP.LWCF Agreement: LW642 Page 6 of 19
FINAL 11.2015
4. ANNUAL APPROPRIATION:
The State of Florida, by and through the Department's performance and obligation to pay under
this Agreement, is contingent upon an annual appropriation by USDOI, NPS and/or the Florida
Legislature. The parties hereto understand that this Agreement is not a commitment of future
appropriations. Authorization for continuation and completion. of work and payment(s) associated
therewith may be rescinded with proper notice at the discretion of the Department if USDOI, NPS
and/or Florida Legislative appropriations are reduced or eliminated.
5. REPORTS:
The Graritee-shall utilize Attachment&E, " Project Status Report"; to describe the work performed
during the reporting period, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. The Project Status:Reports shall be submitted to the
Department's Grant Manager no later than twenty (20) calendar days following -the completion of
the reporting period. It is hereby understood and agreed by. the parties that the term "reporting
period shall: reflect: the reporting period ending :May. S,. September 5 and January 5. The
Department's Grant Manager. shall have thirty (30) calendar days to review the required reports and
deliverables submitted by the Grantee.
The Final Project Report shall be submitted no later than the completion date of the Agreement.
The -Department's Grant Manager shall have thirty (30) calendar days to review the required reports
and deliverables submitted by the Grantee.
6. RETAINAGE:
The Department shall retain ten percent of the grant until the Grantee completes the Project and the
Department approves the completion documentation, pursuant to LWCF requirements and
additionally set forth in paragraphs 62D -5.073(2)(c) and (7)(e)2., F.A.C..
7. INDEMNIFICATION..
Each party -hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party
of its sovereign immunity or the provisions of Section 768.28, Florida'Statutes. Further, nothing
herein shall be construed as consent by -a state agency or subdivision of the. State of Florida to be
sued by third parties in any matter'arising out of any contract or this Agreement.
Additionally, The Grantee shall save and hold harmless and indemnify the State of Florida and the
Department against any and all liability, claims, judgments or costs of any 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 any negligent act,' failure to act, or willful misconduct by the Grantee, his
subcontractor, or any of the employees, agents or representatives of the Grantee or subcontractor
to the extent allowed by law.
8. DEFAULT/TERMINATION/FORCE MAJEURE:
The termination of a project shall warrant cancellation of federal and/or state assistance, in whole
or in part, under a project at any time prior to the date of completion.
DEP.LWCF Agreement: LW642 Page 7 of 19
FINAL 11.2015
A. Termination by the Department. The Department may unilaterally terminate the Project at
any time prior to the first payment on the Project. After the initial payment, the Project may
be terminated., modified, or amended by the Department. - Additionally, The Department
may .terminate this Agreement :at. any time if any warranty or representation made by
Grantee in this Agreement or in its application for funding is discovered to be false or
misleading in any respect, or in the event of the failure of -the Grantee to fulfill any of ts
obligations under this Agreement. Prior to termination, the Department shall provide thirty
(30) calendar days written notice of its intent to terminate and the reason(s) for termination.
B. Termination for cause. The Department may terminate the Project in whole,,.or'in part, at
any time before the date. of completion, whenever it is determined the Grantee has failed
to comply with the conditions of the grant. The Department shall notify the Grantee in
writing of the determination(s) and the.reason(s) for.. termination,'together with the effective
date.
C.. Termination for. convenience.. The Department may .terminate the Project in whole, or in
part; when : the continuation : of the ' Project would not produce beneficial results
commensurate with the further expenditure of funds. The Department shall:determine the
termination effective date and, in the case of partial termination, the portion to be
terminated. The Department may unilaterally terminate this Agreement for convenience by
providing the: Grantee with thirty (3 0) calendar .day's written notice. If thb .Department
terminates the Agreement for convenience, the Department shall notify the Grantee of such
termination, with instructions as to the effective date of termination or specify the stage of
work at which the Agreement is to be terminated. If the Agreement is terminated before
performance is completed, the Grantee shall be paid only for that work satisfactorily
performed for Which costs can be substantiated.
D. Records made or received in conjunction with.this Agreement are public records. This
Agreement may be unilaterally canceled by the Department for unlawful refusal by the
Grantee to allow public access to all documents, papers, letters, or other material made or
received by the Grantee in conjunction with this Agreement and subject to disclosure under
Chapter 119, Florida Statutes (F.S.); and Section 24(a), Article I, Florida Constitution.
E. If a. force majeure occurs that causes delays or the reasonable likelihood of delay in the
f ilfillment of the .requirements of this Agreement, the Grantee shall promptly notify the
Departt'nent orally. :Within seven, (7) calendar days, the Grantee shall notify the
Department in writing of the anticipated length and cause -of the delay, the measures taken
or. to be taken to minimize the delay and the Grantee's intended timetable for
implementation of such measures. If the :parties agree that the delay or anticipated delay
was caused, or will be caused by a force majeure, the Department may, at its discretion,
extend the time for performance under this Agreement for a period of time equal to the
delay resulting from the force majeure upon execution of an amendment to:this Agreement.
Such agreement shall be confirmed by letter from the Department accepting, or if
necessary, modifying the extension. A force maj eure shall be an act of God, strike, lockout,
or other industrial disturbance, act of the public enemy, war, blockade, public riot,
lightning, fire, flood, explosion, failure to receive timely necessary third party approvals
through no fault of the Grantee, , and any other cause, whether of the kind specifically
enumerated herein or otherwise, that is not reasonably within the control of the Grantee
and/or the Department. The Grantee is responsible for the performance of all services
issued under this Agreement. Failure to perform by the Grantee's consultant(s) or
subcontractor(s) shall not constitute a force majeure event.
DEP.LWCF Agreement: LW642 Page 8 of 19
FINAL 11.2015
9. REMEDIES/FINANCIAL CONSEQUENCES:
No payment will be made for deliverables deemed unsatisfactory by the Department. In the event
that a:deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the
services needed for submittal of a satisfactory deliverable, at no additional cost to the Department,
within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory
deliverable is not submitted within the specified timeframe, the Department may, in its sole
discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant
Manager may, by letter specifying the failure of performance under this Agreement, request that a
proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS
must be able to be implemented and performed in no more than sixty (60) calendar days.
A. A CAP shall. be submitted within ten (10) calendar days of the date of the letter request
from the Department. The CAP shall be sent to the Department Grant Manager for review
and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall
notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is
not accepted, the Grantee shall have ten (10) calendar days from receipt.of the Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the
Department approval of a CAP as specified above shall result 'in. the Department's
termination of this Agreement for cause as: authorized in this Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have
ten (10) calendar, days to commence implementation of thee accepted plan. Acceptance of
the proposed CAP by the Department does not relieve the Grantee of any of its obligations
under the Agreement. In the event the CAP fails to correct or eliminate performance
deficiencies by Grantee, the Department shall retain the right-- to require additional or
farther. -,remedial steps; or to terminate this Agreement for failure to perform. No actions
approved by the Department or steps taken by the Grantee shall preclude the Department
from subsequently asserting any deficiencies in performance. The Grantee shall continue
to implement the CAP until all deficiencies are corrected. Reports on the progress of the
CAP will be made to the Department as requested by the Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in
the performance of the Agreement as specified by the Department may result in termination
of the Agreement.
D. The remedies set forth are not exclusive and the Department reserves the right to exercise
all legal and/or other equitable remedies in addition to or in lieu of those set forth herein.
The -Department shall have the right to demand a refund, either in whole or part, of the
fiends provided to the Grantee for noncompliance with the terms of this Agreement.
If the Grantee materially fails to comply with the terms and conditions of this Agreement,
including violation of a Federal or State statute, rule or regulation, applicable to this
Agreement, the Department may take one or more of the following actions, as appropriate
f6r the circumstances:
Temporarily withhold cash payments pending correction of the deficiency by the
Grantee.
Disallow (that is, deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance. Wholly or partly
suspend or terminate this Agreement.
Withhold further awards for the project or program.
DEP.LWCF Agreement: LW642 Page 9 of 19
FINAL 11.2015
E.. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension
or after termination of .the Agreement are not allowed unless the Department expressly
authorizes them in the notice of suspension or termination. Other Grantee costs during
suspension or after termination which are necessary and not reasonably avoidable are
allowed if the following apply.
i. The costs result from obligations which were properly incurred by the
recipient before the effective date of suspension or termination, are not in
anticipation of 'it, and in the case of termination, are noncancellable.
ii. The cost would be allowable if the Agreement were not suspended or
expired normally at the end of the funding, period in which the termination takes
place.
10. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance
under this Agreement ' in accordance with generally accepted accounting principles
consistently applied., The Department, the State, or their authorized representatives shall
have access to such records for audit purposes during the term of this Agreement and for
five (5) year's following the completion date -of the. Agreement. In the event any work is
subcontracted, the Grantee shall similarly require each' subcontractor to maintain and allow
access to such records for audit purposes.
B. The Grantee understands its duty, pursuant to Section 20.055(5) Florida Statutes, to
cooperate with the Department's Inspector General in any investigation, audit, inspection,
review, or hearing. The Grantee will comply with this duty and ensure -that its subcontracts
issued under this Grant, if any, impose this requirement, in writing, on its subcontractors.
11. SPECIAL AUDIT REOUIREMENTS:
A. In addition to the requirements contained herein, the Grantee shall comply with the
applicable provisions contained :in Attachment F, . "Special Audit Requirements",
attached hereto and made a part hereof. Exhibit 1 to Attachment F summarizes the
funding sources supporting the Agreement for purposes of assisting the Grantee in
complying with the requirements of Attachment R. A revised copy of Exhibit 1 must be
provided to the Grantee for each amendment which authorizes. a funding increase or
decrease. - If the Grantee fails: to receive a revised copy of Exhibit 1, the Grantee shall
notify the Department's Grants Development and Review Manager at 850/245-2361 to
request a copy of the updated information.
B. The Grantee is hereby advised that the Federal audit mandates and/or the Florida Single
Audit Act Requirements may further apply to lower tier transactions that may be a result
of this Agreement. The Grantee shall consider the type of financial assistance (federal
and/or state) identified in Attachment F, Exhibit 1 when making its determination. For
federal financial assistance, the Grantee shall utilize the guidance provided under OMB
Circular A-133, Subpart B, Section .210 for determining whether the relationship
represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall
utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs.
DEP.LWCF Agreement: LW642 Page 10 of 19
FINAL' 11.2015
Vendor Determination" - (form number DFS -A2 -NS) that can be found under the
"Links/Forms" section appearing at the following website;
https://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the
Department for assistance with questions pertaining to the applicability of these
requirements.
12. CONTRACTOR./. SUBCONTRACTOR:
A. Any/all contractors) awarded a contract for construction of facilities under this Agreement
must be. bonded and insured.
B. The Grantee may subcontract work under this Agreement without the prior written consent
of the Department's Grant Manager, except for certain fixed-price subcontracts pursuant to
paragraph 3D of this Agreement, which require prior approval. The Grantee shall submit a
copy of the executed subcontract to the Department within ten (10) calendar days after
execution of the subcontract. Regardless of any subcontract,.:the Grantee...is ultimately
responsible for all work to be performed under this Agreement. The Grantee agrees to be
responsible for the fulfillment of all work elements included in any, subcontract and agrees
to be responsible for the payment of.all monies due under any subcontract: It is understood
and agreed by. the. Grantee that the Department shall not be .liable to any subcontractor for
any expenses. or liabilities incurred under the subcontract and. that the Grantee shall be
solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
C. The Department of Environmental Protection supports diversity in its procurement
program and requests that all subcontracting opportunities :afforded by this Agreement
embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State .qf Florida. A list of minority owned firms that could
be• offered subcontracting. opportunities may be obtained by contacting the. Office of
Supplier Diversity at (850) 487-0915.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services
in which 50 percent or more of the cost will be paid from state -appropriated funds which
have.been appropriated at the time of the competitive solicitation, a state, college, county,
municipality, school district, or other political subdivision of the state may not use a local
ordinance or regulation that provides a preference based upon:
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;
li. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction; or
iii. The contractor's prior payment of local taxes, assessments, or duties within a
particular local jurisdiction.
DEP.LWCF Agreement: LW642 Page 11 of 19
FINAL 11,2015
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college,
county, municipality, school district, or other political subdivision of the state shall disclose
in the solicitation document that any applicable local ordinance or regulation does not
include any preference that is prohibited=by Paragraph A.
14. SITE DEDICATION REQUIREMENTS
Pursuant to the LWCF Act and general requirements of the LWCF Program, land owned by the
Grantee, which is developed or acquired with LWCF funds, shall be dedicated in perpetuity as an
outdoor recreation site for the use and benefit of the public. Land which is leased from the federal
government or another public agency by Grantee'.'must include safeguards to ensure the perpetual
use requirement contained in the LWCF 'Act. Safeguards include such things 'as j oint sponsorship
of the Project or an agreement between the parties that the lessor would assume compliance
responsibility for the Project site in the event of default by the lessee (Grantee) or termination or
expiration of the lease. These dedications must be recorded in the county's public property records
by -the Grantee.
15. LOBBYING PROHIBITION:
Pursuant to "Section 216.341, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose 'of lobbying the Ldgislature, the judicial branch or a
state agency: Further; in accordance with Section 11.062, Florida Statutes, no state funds, exclusive
of salaries, tr4Vel 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.
16. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal and state laws, and local rules and regulations
in providing services to the Department under this Agreement. The Grantee acknowledges that this
requirement includes, but is not limited to, compliance with all applicable federal and state laws,
and local health and safety rules and regulations: The Grantee further agrees to include this
provision in all subcontracts issued as a result of this Agreement.
17. NOTICE:
All notices and written communication 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.
18. CONTACTS:
Any and all notices required by this Agreement shall be delivered to the parties at the following
addresses:
DEP.LWCF Agreement: LW642 Page 12 of 19
FINAL 11.2015
The Department's Grant Manager (which may also be referred to as the Department's
Project Manager) for this Agreement is:
Tamika Bass:
Community Assistance Consultant
.Florida De artment of .E_ nvironmental Protection
Office of O erations: ,..
Land and Recreatioh4l,Grants
3900 Commonwealth Blvd., MS# 585
Tallahassee;. Florida .:299=30,00
Tele hone No:::: 850-245-2501
Fax No.: N/A
E-mail Address: ' :iamika.bass@dep:stateRus
The Grantee''s Grant Manager for this Agreement is:
Mr. Mark lqod"s.
Director, Parks and Recreation
Villa e'of North Palm Beach
501 SW Highway 1
North Palm Beach, FL 33408' .
Tele hone No.. 561-8.41-3, ,84
Fax No.: 561-844-1836
E-mail Address: mhodgkins@village-npb.org
19. INSURANCE:
To the extent required by law, the Grantee will be self. -insured against, or will secure and maintain
during the life of this Agreement, Workers' Compensation Insurance for all of its employees
connected with the work of this Project and, in case any,work is subcontracted, the Grantee shall
require the subcontractor similarly to provide Workers' Compensation Insurance for all of its
employees unless such employees are covered by the protection afforded by the Grantee. Such
self-insurance program or insurance coverage shall comply fully with the Florida Workers'
Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes., the Grantee shall provide, and
cause each subcontractor to provide, adequate insurance satisfactory to the. Department, for othe
protection of its employees not otherwise protected.
A. The Grantee warrants and represents that it is self-funded for,- or shall secure and maintain
Commercial General Liability insurance including bodily injury and property damage. The
minimum limits of liability shall be' $200,000 each individual's claim and $300,000 each
occurrence. This insurance will provide coverage for all claims that may arise from the services
and/or operations completed under this Agreement, whether such services and/or operations are
by the Grantee or anyone directly or indirectly employed by the Grantee. Such insurance shall
include the State of Florida as an Additional Insured for the entire length of the Agreement.
DEP.LWCF Agreement: LW642 Page 13 of 19
FINAL 11.2015
B. The Grantee warrants and, represents that it is self-funded for, or shall secure and maintain
Commercial Automobile Liability insurance for all claims which may arise from the services
and/or operations under this Agreement, whether such services and/or operations are by the
Grantee or by anyone directly, or indirectly employed by the Grantee. The minimum limits of
liability shall be as follows:-
• $300,000 for Automobile Liability. Combined Single Limit for Company
Owned Vehicles, if applicable.
• $300,000 for Hired and Non -owned Automobile Liability Coverage.
C. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as
applicable, any other type of required insurance, including ' but not limited to Jones Act,
Longshoreman's and Harbormaster's, .or the inclusion of any applicable rider to worker's
compensation insurance, and any necessary watercraft insurance, with limits of not less than
$300,000 each. In addition, the Grantee shall include these requirements in- any sub grant or
subcontract issued for the performance of the work specified in Attachment A, Grant Work
Plan. Questions concerning required coverage should be directed to the U.S. Department of
Labor (http://wwW.dol. ovg /owo/dlhwc/Iscontac.htm), or to the parties' insurance carriers.
D. All insurance policies shall be with insurers ,licensed or eligible to do business in the State of
Florida. The Grantee's current certificate of insurance shall contain a provision that the
insurance will not be canceled for any reason. except after thirty (30) calendar day's written
notice (with the exception of non-payment of premium which requires a 10 -calendar -day notice)
to the Department's Procurement Administrator.
If Grantee warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting Within ' the scope of their
dmploynient with the 'Grantee; Grantee shall provide documentation of such self-funded insurance
to the' Department.
20. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest which
would conflict in any manner or degree with the performance of services required.
21. UNAUTHORIZED EMPLOYMENT: = The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of
Section 274A(e) -of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly
employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this
Agreement. The Grantee shall be responsible for including this provision in all subcontracts with
private organizations issued as a result of this Agreement.
DEP.LWCF Agreement: LW642 Page 14 of 19
FINAL 11.2015
22. EQUIPMENT:
Reimbursement for equipment purchases is not authorized under the terms and conditions of this
Agreement.
23. CHANGE ORDERS:
The Department may at any time, by written Change Order; make any change in the Grant Manager
information, task timelines within the current authorized Agreement period, or make changes that
are less than 10% of the total approved deliverable budget. All Change Orders are subject to the
mutual agreement of both parties as evidenced in writing. Any change which ,causes an increase
or decrease in the Agreement amount, expiration date of the Agreement, or deliverable 'costs that
are equal to or greater than 10% of the total approved deliverable budget; shall require formal
Amendment to this Agreement.
24. QUALITY ASSURANCE:
The Grantee shall. comply: -.with all LWCF mandates, as a federal assistance program, any/all
provisions of the National Environmental Policy Act (NEPA) of 1969, and associated guidance
found in the following:
(a). Council on Environmental Quality (CEQ) Regulations for Implementing NEPA,
40 CFR 1500-1508;
(b). NEPA's Forty Most Asked -Questions; CEQ;
(c). Department of Interior (DOI) policy. and procedures for implementing NEPA,
(Departmental Manua1516 DM-,1�6);
(d). National. Park Service (NPS), LWCF Program Manual, Chapter 4, including the
Proposal Description and Environmental Screen Form (PD/ESF) developed from
NPS Director's Order #.12 and Handbook, "Conservation Planning, Environmental
Impact Analysis, and Decision Making."
The Grantee and subcontractors are exclusively responsible for quality assurance practices
consisting of policies, procedures, specifications, standards, and documentation sufficient to
produce data of quality adequate to meet Project objectives. All sampling and analyses performed
under the direction of Grantee or subcontractor must conform to the requirements set forth in
Chapter 62460, Florida Administrative Code (F.A.C.).
Grantee and subcontractors are solely responsible for the quality assurance practices, compliance,
reporting, negligence or wrongful acts of its employees and agents regarding the environmentally -
related. measurements, sampling, analyses and/or data generation on land developed pursuant to
this Agreement. NOTE: "Sample" refers to samples that have been either collected or analyzed
on land developed pursuant to this Agreement.
25. DISCRIMINATION:
A. No person, on the grounds of race, creed, color, religions national origin, age, gender, or
disability, shall be excluded from participation in; be denied the proceeds or benefits of;
or be otherwise subjected to discrimination in performance of this Agreement,
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to
section 287.134, F.S., may not submit a bid on a contract to provide goods or services to a
DEP.LWCF Agreement: LW642 Page 15 of 19
FINAL 11.2015
public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to a public entity, may not award or perform work as a contractor, supplier, subcontractor,
or consultant under contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and 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.
26. LAND ACOUTSITION: The Grantee must own the Project site or lease. it from a public agency.
Land owned or leased by the applicant must be dedicated. in perpetuity as a public outdoor
recreation area.
Grantee has acquired an interest and/or right to real property, described in Attachment A. Such
interest and/or right is subject to use in perpetuity for the purposes described in this Agreement.
The following language shall be included in a Lease and/or other legal instrument regarding the
Grantee's interest and/:or right to real property. Any applicable recording fees are the sole
responsibility of the Grantee:
"Grantee hereby agrees that the use of the property described herein (the "Property") shall
be subject to the terms and conditions contained in a certain Grant Award Agreement (DEP
Agreement No. LW642); which is attached hereto as Exhibit and by reference made a
part hereof (hereinafter referred to as the "Restrictive .Covenants"). These Restrictive
Covenants shall run with the interests and/or rights to the Property in perpetuity and be
binding upon Grantee and all successive owners (and all parties claiming by, through and
under the owners) of the Property. The Florida Department of Environmental Protection
("DEP .) shall be deemed a thir&party beneficiary of these Restrictive Covenants in a court
of competent jurisdiction. DEP shall have . the authority to enforce these Restrictive
Covenants in any judicial proceeding seeking any remedy recognizable at law or in equity,
including an action or lawsuit seeking damages, injunction, specific .performance, or any
other form of relief, against any person, firm or entity violating or attempting to violate any
of these Restrictive Covenants. The failure by DEP to enforce any covenant or restriction
contained herein shall. in no event be deemed a waiver of such covenant or restriction or of
the right of DEP to thereafter enforce such covenant or restriction. The invalidation of any
one of the provisions of these Restrictive Covenants by a court of competent jurisdiction
shall in no way affect any of the other provisions of these Restrictive Covenants, which
shall remain in full force and effect. Venue for enforcement actions regarding these
Restrictive Covenants shall be in the Circuit Court of County, Florida. Grantee
agrees to incorporate these Restrictive Covenants in any subsequent Lease or other written
legal instrument by which Grantee transfers or conveys interest and/or rights or any other
lesser estate in the Property or any part thereof to a third party either verbatim or by making
an express reference to these Restrictive Covenants. Grantee further agrees to give written
notice to DEP of a change or transfer of any interest in the Property at least 20 calendar
days prior to the date of such change or transfer."
"Requests for release of the Restrictive Covenants from the Property shall be directed to
the Florida Department of Environmental Protection, Office of General Counsel, Attention:
Contracts Attorney, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.
The request should include the DEP Agreement No. LW642, the total funding amount paid
by the State of Florida, and the Department's Grant Manager's name."
DEP.LWCF Agreement: LW642 Page lb of 19
FINAL 11.2015
If for any reason the above language is not incorporated into the Lease or legal instrument by which
the. Grantee obtained an interest and/or rights to the Property, the Grantee shall execute a separate
Declaration of Restrictive Covenant (using a template obtained from the Department of
Environmental Protection) that shall run with the interest and/or rights to the Property. Requests
for the Declaration of Restrictive. Covenant template shall be. directed to the DEP Office of General
Counsel, institutional Control Attorney, 3900 Commonwealth Boulevard, Mail' Station 35,
Tallahassee; Florida 32399-3000. Prior to recording, such Declaration 'of Restrictive Covenant
shall be reviewed, approved, and counter -signed -by the Department. Any applicable recording fees
are the sole responsibility of the Grantee.
27. PHYSICAL ACCESS AND INSPECTION:
Department has the -right to inspect the. Project, and any and all records related thereto at any
-reasonable time - during the. course of the: Project. Department staff shall perform an on-site
inspection of the Project site,. to ensure compliance with. the Agreement prior to .release of the final
grant payment. Department personnel shall be given access to and may observe and inspect work
being performed under.this-Agreement,. including by -any of the :following methods:
A. Grantee shall provide access to any. location or facility on which Grantee is performing
work, or storing or staging. equipment, materials or documents;
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required
in performance of any work pursuant to this Agreement; .and
C. Grantee shall 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.
28. CONVERSION:
Should Grantee; within the period of dedication, -convert all or part of the Project site to other than
public outdoor recreational uses, the Grantee shall, replace the area, facilities, resource or site at its
own expense with an acceptable project of comparable or greater value, scope and quality pursuant
to section 675.9.3 of the Manual.
29. EXECUTION IN COUNTERPARTS:
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 thereof.
30. SEVERABILITY CLAUSE:
This Agreement has been delivered in the State of Florida and shall be construed in accordance
with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted
in such manner as to be effective and valid under applicable law, but if any provision of this
Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective
to the extent of such prohibition or invalidity, without invalidating the remainder of such provision
DEP.LWCF Agreement: LW642 Page 17 of 19
FINAL 11.2015
or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall
be brought_in Leon County, Florida.
31. NONCOMPLIANCE:
Before the Project is closed, the Department and the NPS shall have the right to terminate this
Agreement and demand return of the Program funds for non-compliance: by a Grantee. Failure by
Grantee to comply with the provisions 'of this Pari or the Agreement will result in the Department
declaring the. Grantee ineligible for further participation in the LWCF until such time as "compliance
has been obtained, as determined by the Department, under the terms of the Agreement and the
Manual.
32. SIGNAGE:
PERMANENT- SIGNAGE: Grantee must erect a permanent information sign on the project site
which. credits funding or a portion thereof, to the Florida Department of Environmental Protection
and the Land and Water. Conservation Fund Program. Use of the LWCF Logo on the permanent
project signs is required. Grantee is encouraged . to position signage acknowledging LWCF
assistance, at entrances to- outdoor recreation sites, at other appropriate on-site locations, and in
folders and park literature. The acknowledgement of LWCF assistance will be checked during
compliance inspections. The* sign must be installed on the project site and approved by the
Department before the final project reimbursement request is processed.
33. ENTIRE AGREEMENT:
This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions.of thisAgreement 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP.LWCF Agreement: LW642 Page 18 of 19
FINAL 11.2015
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and
year last written below.
VILLAGE OF NORTH P
BEACH — n /\
By: \,�s
Title: * NX -11a,
Date: 6��,dw �v o2-0/
Grantee At ey
FEID No.: 596017984
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: (�, ('�-,L
Secretar4 or designee
Date: q
Tamika Bass, DEP Grant Manager
Approved,as to form and legality:
//Z7. Oi9/
DEP Attorney
* Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on
behalf of the Grantee must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type plumber Description (include number of pages)
Attachment A _Grant Work Plan (2 Pages)
Attachment B Commencement Documentation Checklist (2 Pages)
Attachment C Payment Request Summary Form (2 Pages)
Attachment D Contract Pavment Requirements (1 Page)
Attachment E Project Status Report (2 Pages)
Attachment F Special Audit Requirements (5 Pages)
DEP.LWCF Agreement: LW642 Page 19 of 19
FINAL 11.2015
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Florida Department of Environmental Protection
3 •
' LAND AND WATER CONSERVATION FUND PROGRAM
yew 440
COMMENCEMENT DOCUMENTATION CHECKLIST
oy s
ATTACHMENT B
s++tsi Pt
0
Required Signatures: �Vo Signature
Following approval of these documents, the Department will issue written authorization to commence
construction or acquisition of the project.
DEVELOPMENT COMMENCEMENT DOCUMENTATION
F11. A professional site plan detailspecifications not required).
Agrapic document of the proposed
development that shows the location of all existing and proposed buildings, facilities, etc. that is signed
and dated by the project liaison. Site plan cannot be any larger then 11X14 or 14X17. If part of a
larger simultaneous development or part of a phased project, please color code the current project
elements and/or any phases/existing elements. (3 copies)
02. Commencement Certification (Form Attached DRP -123)
F13. A boundary survey of the project site, which includes a legal description and sketch of the site's
boundaries, display known easements and encroachments, if any, be legally sufficient to identify the
site, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of
Chapter 472, F.S. Survey cannot be any larger then 11X14 or 14X17. (See LWCF Project
Boundary Map Requirements Form Attached) (3 copies)
1-14. The results of a title search and the prepared opinion re
p p p by a member of the Florida Bar or Licensed title
insurer of the project area covering the thirty (3 0) year period prior to approval by Department
Secretary, which attests to a clear title owned by the grantee, with no liens, encumbrances or taxes held
against the property or a copy of title insurance. A warranty deed will not suffice.
1:15. If land will be used as a match, send either a copy of the taxed assessed value or a complete appraisal
supporting fair market value of land utilized as project matching funds. Appraisal must be no earlier
than one year prior to the closing date of the submission period. The appraisal must be prepared by
an appraiser included on the list of approved appraisers maintained by the Department's Division
of State Lands (DSL). (littl)://www.dep.state.fl.us/lands/appraisal_list htm or CALL 850-245-2658)
(1 Copy)
F-16. Certification of Manual PossessionForm Attached — DRP -124)
4)
DRP -122 (Effective 10-28-2015) Page 1 of 2
`as °oaa,��4 Florida Department of Environmental Protection
o f �
LAND AND WATER CONSERVATION FUND PROGRAM
COMMENCEMENT DOCUMENTATION CHECKLIST
"oh opo°` ATTACHMENT B
�ontsl P
ACQUISITION COMMENCEMENT DOCUMENTATION
Q1. A written offer to purchase from the grantee to the land owner with a statement of or Waiver of Just
compensation.
[:]2. A self contained narrative appraisal. The appraisal must be prepared by an appraiser on DEP's Division
of State Lands (DSL) approved appraiser list. http://www.dg.state.fl.us/lands/appraisal list.htm. If the
property is $1,000,000 or less in appraised value, one appraisal is required. If the property exceeds
$1,000,000 in appraised value, two appraisals are required. The appraisal(s) must be prepared in
accordance with the LWCF Manual (http:Hwww.nps.gov/ncre/programs/lwcf/manual/lwcf.udf) and
Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book Standards), which
establishes the fair market value of the project site. The fair market value of the project site shall be
based on its highest and best use. The appraisal(s) shall be dated no earlier than (6) months prior to the
closing date of the application period. The appraisal(s) will be reviewed by a state certified appraiser,
with the review to be obtained by DEP. Payment of appraisal review fees, if any, will be the
responsibility of the grantee and will be made by the grantee upon and pursuant to direction of the
Office of Financial Management. These costs are not reimbursable. (2 copies)
113. A boundary survey of the project site, which includes a legal description and sketch of the site's
boundaries, display known easements and encroachments, if any, be legally sufficient to identify the
site, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of
Chapter 472, F.S. The survey must be updated to within one year of the closing date of the application
submission period. Survey cannot be any larger then 11X14 or 14X17. (See LWCF Project
Boundary Map Requirements Form Attached) (3 copies)
[:]4. The results of a title search and the opinion prepared by a member of the Florida Bar or Licensed title
insurer of the project area covering the thirty (30) year period prior to approval by Department
Secretary, which attests to a clear title owned by the grantee, with no liens, encumbrances or taxes held
against the property or a copy of title insurance. A warranty deed will not suffice.
1-15, If applicable, a Mean High Water Survey must be done within 45 days of the appraisal.
1-16. Certification of Manual Possession (Form Attached — DRP -124)
Forms may be found at our website: www.dep,state.fl.us/parks/oirs
DRP -122 (Effective 10-28-2015) Page 2 of 2
`bib, pepertn'e
'ental Ps
Required Signatures: Adobe Signature
Date:
Grantee
Billing Period:
DEP Division:
Contractual Services
DRP -116
Grantee Labor
DRP- l 17
Employee Benefits
( % of Salaries)
Direct Purchases: Materials & Supplies
DRP -118
Grantee Stock
DRP -120
Equipment
DRP -119
Land Value
Florida Department of Environmental Protection
ATTACHMENT C
PAYMENT REQUEST SUMMARY FORM
Project Name and Number
Billing #:
DEP Program:
Indirect Costs
(15% of Grantee Labor)
TOTAL PROJECT COSTS $ 0.00 $ 0,:00
CERTIFICATION: I hereby certify that the above expenses were incurred for the work being
accomplished in the attached progress reports.
Project Administrator
Date
CERTIFICATION: 1 hereby certify that the documentation has been maintained as required to support the
project expenses as reported above and is available for audit upon request.
Project Financial Officer
DRP -115 (Effective 06-19-2015)
Date
Page 1 of 2
DEP USE ONLY
STATE FUNDING PARTICIPATION: %
Total project costs to date
$
State Obligation to date
$
State retainage ( %)
$
State obligation remaining
$
State funds previously disbursed
$
State funds due this billing
$
Reviewed and approved by:
DEP Proj ect Administrator
Division Director or Designee
Date
Date
DRP -115 (Effective 06-19-2015) Page 2 of 2
ATTACHMENT D
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: hq://www.fldfs.com/aadir/referenceaguide.htm
DEP 55-219 (05/2008)
DEP Agreement No.LW642 Attachment D, Page l of 1
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ATTACHMENT F
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 contract/agreement) to the recipient (which
may be referred to as the "Contractor". Grantee" or other name in the contract/agreement) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department
staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into
this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional
instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply
and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer
or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at http://12.46.245.173/cfda/efda.html.
DEP 55-215 (03/09)
DEP Agreement No. LW642, Attachment F, Page 1
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the 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.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit.
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must
be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at httys:Hgpps.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 htt�:lly ww.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at
http : //www. state. fl.us/audizen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i, e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular
A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (03/09)
DEP Agreement No. LW642, Attachment F, Page 2
A: The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at hqp://harvester.census.gov/fa
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320 ft OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters
issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09)
DEP Agreement No. LW642, Attachment F, Page 3
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
four -profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its
designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure
that audit working papers are made available to the Deparfinent of Environmental Protection, or its designee, Chief
Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,
unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09)
DEP Agreement No. LW642, Attachment F, Page 4
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