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HomeMy WebLinkAboutexhibit 3- FDEP grantExhibit I FDEP GRANT 12-00461 (LWCF Project Number) LW461 DEP Contract Number CFDA Number: 15-916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2001-2002 PROJECT AGREEMENT - DEVELOPMENT This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address`is- 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and the CITY OF MIAMI, whose address is 444 SW 2nd Avenue/ 3rd•Floor, Miami, Florida 33130 (hereinafter called the "Grantee"), a local government, in furtherance of the Watson Island Baywalk project, an approved outdoor recreation project. WHEREAS, the Department. receives funds for the purpose of passing through the agency as grants' to other entities in accordance with Section 375.021(4), Florida Statutes; and, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to receive grants for outdoor recreation and conservation; and, WHEREAS, the Grantee has submitted Project Application number 274, which has been approved by the Department. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be effective upon execution of this Project Agreement and end no later than 36 months from execution of the Project Agreement, inclusive. The Project Agreement shall be performed in accordance with Chapter 62D-5, Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stet 897, as amended, (hereinafter called the Program), and in accordance with general provisions for such agreements prescribed by Cie United States D:-7artment of the Interior (hereinafter called he. USDWI) in the LWCF Grants -in -Aid Manual, (hero naftear called=.the Manual) : The Grantee agrees DEP Agreement No. LW461 Page 1 of 14 to become famiar with -all provisions : comply with the .Rule, effective July 15, 2001, and Manual which are incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior:- 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Watson Island Baywalk (Land and Water Conservation Fund, LWCF Project Number 12-00461), hereinafter called the Project, and enters into this Project Agreement with the Grantee for the development of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS-A048. The Approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deliverables), is incorporated into this Project Agreement by reference as if fully set forth herein. Any revisions to the Project Elements as set forth in the Approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement. 3. The Grantee shall construct, or cause to be constructed, specified public outdoor recreation , facilities and improvements consisting of the following Project Elements which may be modified, by the Department if Grantee shows good cause: walking trail, restroom, lighting, landscaping and other related support facilities. 4. The Project Elements identified in Paragraph 3 herein shall be designed and constructed 'substantially in accordance with the conceptual site development plan contained in the Project Application. ' 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 accord with 'current and established engineering and architectural standards and prat ices. Emphasis should be given to the health and safety of users, accessibility to y�° t%e general Ipub1ic, and'the protection of the recreational DEP Agreement No. LW46 f Page 2 of 14 • and natural v. .es of the area. This sit development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the. Grantee on a reimbursement basis the eligible Grant amount not to exceed $200,000.00, which will pay said federal Programs share of the cost of the Project. Program funding limits are based upon the following: Total Department Program Amount Grantee Match Amount Total Project Cost $200,000.00 $200,000.00 $400,000.00 Type of Match [Cash and/or In -kind Services] B. Within sixty (60) days after receipt of the request, the Department's Gtant Manager shall review the completion documentation and payment request from the Grantee for the Project. If .the documentation is sufficient and meets the requirements of the Land and. Water Conservation Fund Program Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7)(e)2, the Department will approve the request for payment. 6. In addition to the invoicing requirements contained in paragraph 5 above, 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 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs,and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at http://www.dbf.state.fl.us/aadir/tochandbk.html and allowable cos ..s for federal prog_, ms can be found ::der 48 CFR Part 31 at http://www.access.gpo.gov/nary/cfr/cfr-table-search.html DEP Agreement No. LW46 1 Page 3 of 14 and OMB .irculars- . A-87, A-1 , A-21, at •http://www.whitehouse.gov/omb/circulars/index.httitl#numerical. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. 8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the Grantee's adopted procurement procedures. Expenses representing the Project costs, including the required matching contribution, shall be reported to the Department and summarized on certification forms provided in the Procedure. The Department and Grantee agree to use the Procedure guidelines in accounting for LWCF funds disbursed under the Project. The parties 'further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be'used. Allowable indirect costs as defined in the Procedure shall not exceed 15% of the Grantee's eligible salaries/wages. Indirect costs that exceed 15% must be approved in advance in writing by the Department to be considered eligible Project expenses. 10. Project funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of this Project Agreement as set forth in s.62D-5.073(2•)(a) of the Rule. The Department and the Grantee fully understand and agree that there shall be no reimbursement of Project funds by the Department for any expenditure made prior to the execution of this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. Preagreement Costs Approved: None 11. Prior to commencement' of Project development, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Development Project Commencement .Documentation Form, DEP Form FPS-A050, referenced in s. 62D-5.073(7)(e) of the Rule, to the t partment. Upon •.:,termining that the documentation complies with the Rule, the Department will give ,;written / notice to Grantee to commence the development and approve DEP Agreement No. LW461 Page 4 of 14 the request fc payment. - Therefore, the Grantee shall formally acknowledge receipt of the following documents after execution of this Project Agreement. It is understood that the documents listed below must be filled out by the Grantee and returned to the Department after execution of this Project Agreement. Required Project Commencement Documentation for Development Agreements: Boundary Survey Title Search Certification of Manual Possession Site Plan (2 copies) List of Facilities and Improvements for Construction with Related Costs Permitting Certification Division of Recreation' and Parks' Grant and Contrabt Accountability Procedures. 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of Project construction and shall certify that it has done so to the Department by completing ' the Permitting Certification, DEP, Form FPS-A052, referenced in s. 62D- 5.073 (7) (e) (1) of the Rule. 13. The Grantee shall corlete al�lProjecct construction by the completion date of u t (1 14. Project completion means the Project is open and available for use by the public. The Project must be completed prior to release of final reimbursement. 15. The Grantee shall maintain books,records and document 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 years following Agreement completion. In the event any work is subcontracted, the Grantee shall similaly require wach subcontractor to maintain and allow access to such records for audit purposes. 16. In addition to the provisions above, the Grantee ,shall %CQmply,,with _the applicable provisions contained in Attachment A. A revised copy 'of DEP Agreement No. LW461 Page Sof14 ontained in Para^raph 15 Attachment A, .exhibit-1,. must be provic. 1 • to the Grantee with each amendment which authorizes a funding increases or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the Grantee shall notify the Department's Grant Manager at 850/488-7896 to request a copy of the updated information. 17. Following receipt of an audit report identifying any reimbursement due the Department for the Grantee's noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department. _ 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability' and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Proj.e ct Agreement. 19. 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 the latter's employees unless such employees are .covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage ,shall comply fully with the Florida Workers•' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Florida Workers' Compensation law,. the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 20. The purchase of non -expendable. equipment is not authorized under the terns of this Agreement. 21. The Department's Grant Maraaer for the purpcse of this t, �a yP1�)ct tiAgreement shall be responsible for ensuring formance of its terms and conditions and shall approve DEP Agreernent No. LW461 Page 6 of 14 all reimbursem. .t requests prior to payme . The Grantee's Liaison Agent (also known as Grantee's Grant Manager), as identified in the Project Application, or successor, shall act on behalf of the Grantee relative to the provisions of this Project Agreement. The Grantee's Liaison Agent, shall submit to the Department signed Project status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the Department. Photographs to reflect the construction work accomplished shall be submitted when the Department requests them. Any and all notices shall be deemed effective and sufficient if sent via U.S. mail, facsimile (fax), or by hand -delivery to the parties at the following addresses: Grantee's Liaison Agent WICDCZECIDIEDOCKWItmantxxxEcbaratna Mr. Keith A. Carswell, Director City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL, 33130'. auzgaxxxAgigubbbgatobigkx Phone: (305)416-1411 Suncom Phone: Fax: 305/416-2156 Email: kcarswell@ci.miami.f1.us Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399-3000 Phone: (850) 488-7896 Suncom Phone: 278-7896 Fax: (850) 488-3665 Suncom Fax: 278-3665 Email: collier.clarkadep.state.fl.us 22. Prior to final, reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI'and the Department. 23. The Department and USDOI have the right to inspect the Project and any and all records related thereto at any reasonable time. 24. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made :or .:recej.ved by the Grantee in conjunction with this DEP Agreement No. LW461 Page 7 of 14 Agreement, unl As the records are exempt com Section 24(a) .of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Prior to the closing of the Project the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non- compliance with the material terms of this Project Agreement. The Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall begin the date that the Grantee was informed that a refund was required until the total refund and interest is paid to the Department. 26. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee,' upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the' Department. the amount of money demanded. 27. The Grantee shall comply with all federal, state and local laws, rules, regulations and ordinances in developing this Project. The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees .to ensure that the Grantee's contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 28. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 29. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's ;ecifications foi road and bridge construction. E��? specifications, contracts and/or purchase orders of the.; DEP Agreement No. LW46 1 Page 8 of 14 Grantee must ..ecify thickness of asphal and square yards to be paved. • 30. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and all land within.the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation site for the use and benefit of the public, as stated in s. 62D-5.074(1) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance. of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. All dedications must be promptly recorded in the county's official public records by the Grantee. 31. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-5.074(2) of the Rule. The Project site, Project -related facilities,' and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept ini good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it' has full legal authority and financial ability to develop, operate and maintain said Project - related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 32. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of.the USDOI and the Department pursuant to Section 6(f) (3) of the LWCF Act and the Manual and s. 62D-5.074(3) of the Rule. 33. Failure to comply with the provisions of the Rule or the terms and conditions of this Agreen.Ynt will result in cancellation of the Project Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. 34. In the event of conflict in the provisions of the Rule, the Project Agreement and the Project Application, the provisions f the Rule shaa control over tL_s Project DEP Agreemcm No. LW461 Page 9 of 14 project Application documents. Agreement and Lis Project Agreement shag control over the 35. If the Department determines that site control is not sufficient under the Rule or has been compromised, the Department shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the Department shall cancel this Project Agreement. 36. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 37. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any' Federal contract, grant, or cooperative agreement. If any non -Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment B, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly .updates of any material changes. The Grantee shall require the language of this certification to be inDluded in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 38. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be d-_, .i ed the proceeds •.•:- benefits of; or be otherwise DEP Agreement No. LW4611 Page 10 of 14 subjectec to discrimination in ix :ormance of this Project Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850)487-0915. 39. Each party hereto agrees that it shall be solely responsible for the 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 s. 768.28, Florida' Statutes, 'and other statutes that provide immunity to the Department or the State. 40. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any. public entity in excess of the threshold amount provided in e, 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 41. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR Part 12.100-.510), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or c"her covered transaction, with a persc:: who is similarly debarred or suspended from DEP Agreement No. L g W461 Page 11 of 14 particip ing in this covered t nsaction, unless authorized in writing by USDOI to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 42. This Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible,' each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Project Agreement shall be.prohibited or invalid under applicable,Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provibions• of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 43. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver. of any such breach or default, or any similar breach or default thereafter. 44. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 45. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the prior written .approval of the Department. 46. This Project Agi..e:�ent represents the entire agreemen: of the parties. Any alterations, variations, changes, Page 12 of 14 DEP Agreement No. LW461 modifications r waivers ,of provisions this Project Agreement shall only be valid when they havb been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. DEP Ag es.mern No. LW461 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 13 of 14 IN WITNESS WH. .EOF, the parties hereto hi. t caused this Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director Division of Recreation and Parks and State Liaison Officer (Or Designee) Date: ATTEST: ,.1 iscil a TKamps n T� City Cie rjc Address : // �Z, , Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 • Tallah ssee, Florida 32399-3000 DEP Grant Manager CITY OF MIAMI By: Per ized to ign Joe Arriola Printed Name City Manager Title _ Date: Approved as to Form and Legality for use for one year by Suzanne Br Assistant General Counsel, on February 19, 2003. Attachments: Attachment.A Attachment B Attachment C FPS-A046 Revised 01/03 JUL28203 Address; 3500 Pan American Drive, Miami, FL 33133 Approved as to Insurance Requirements: - Diane Ericson, Director/ isk Management Approved and Correctness: ilarello, City Attorney Grantee Attorney - Special Audit Requirements (5 pages) - Disclosure of Lobbying Activities (2 pages) - Certification'Regarding Debarment/Suspension (2 pages) DEP Ag; ment No. LW46 1 Page 14 of 14 w iwre7_ a7c"