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HomeMy WebLinkAboutExhibit 4ATTACHMENT "C" PROJECT AGREEMENT BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CITY OF MIAMI F3416 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Grant Agreement (FY 2002-03) - Development This Agreement is made and entered into this day of N Oifreaike r, 200 z—, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF MIAMI, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Project Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23,2000, which is incorporated into this Project Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to thie Project Agreement. 2, The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Nature Trail at Watson Island (Florida Recreation Development Assistance Program, FRDAP Project Number F03416), hereinafter called the PROJECT, and enters into this Project Agreement with the GRANTEE for the Page i or 11 development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS- A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause; Interpretive Trail, cultural pavilion, fencing, landscaping, security lights, entrance/access and other related support facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the ❑EPARTMENT'S share of the cost of the PROJECT, DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $200,000.00 50% GRANTEE Match $200,000.00 50% Type of Match Cash, In -Kind Services, Land Value 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre -audit and post -audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract 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 Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will. approve the request for payment. 6. 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 coat 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 Page 2 of 11 proper pre -audit and post -audit thereof, State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at khttp://www.dbf.state.fl.us/aad.ir/mainindex.html). 7. 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 accounting for P'RAAP 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. 8. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries, Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 9. It is understood by the parties that the amount of this Project Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Project Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this Project Agreement as set forth in s.62D-5.055(9) 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 those expenditures which meet the requirements of the foregoing sections of the RULE. Page 3 of 11 -14 11. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(6)(f) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. 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, FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE. 13, This Project Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before pk31/e..11i ➢.113a jZ.av' (hereinafter referred to as the PROJECT completion date). The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. PROJECT must be completed within 5 years, or money may revert. 14. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 15. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the five-year retention period. 16. In addition to the provisions contained in Paragraph 15 above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease, The revised Exhibit-1 shall Page 4 of 11 summarize the funding sources supporting the Project Agreement for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRAAP Grants Administrator 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 non- compliance 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 Project 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 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 Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 20. The purchase of non -expendable equipment is not authorized under the terms of this Agreement. Page 5 of 11 21. The DEPARTMENT'S Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S 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, 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 delivered to the parties at the following addresses: Grantee's Grant Manager Kr. Keith Carswell 1Mrr'lrrt'ems-Er-Mar traab Acting Director 444 SW end Avenue, 3rd Floor Miami, Florida, 33130 Department's Grant Manager Mary Ann Gee Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 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 Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has 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 received by the GRANTEE in conjunction with this Agreement, unless the records are exempt from 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 FREAP 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 Page 6 of 11 the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the Department. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and 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. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D-5.059(1). Land under control other than by ownership of the GRANTER such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Project Agreement 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. Failure to comply within the time period stated in the written notice shall result in cancellation of the Project Agreement and may result in the imposition of the terms in Paragraph 25. 29. In the event of conflict in the provisions of the RULE, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. Page 7 of 11 • 14, 30. If the DEPARTMENT determines that site control is not sufficient under the RULE 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. 31. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Project Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the legislative, judicial, or executive branch of local, state, or federal government. 33. 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 denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, 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 850/407-0915. 34. 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 e. 768.28, Florida Statutes. Page 8 of 11 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of the Immigration and Nationality Act 8 USCA s.1329a(1)(A), If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Project Agreement. The [GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Project Agreement. 36. 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 s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor. list. 37. The 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 Florida law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 38. 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. 39. 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. Page 9 of 11 40. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 41. This Project Agreement represents the entire agreement of the parties, Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 1Q of 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT CF ENVIRONMENTAL PROTECTION By: Division Director (or Designee► Division of Recreation and Parks Address; Bureau of Design and Recreation Services Division of Recreation and Parke 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32389-3000 A/tl DEP Gran ma1141 nager CITY OF MIAMI rized to Sign Carlos A. Gimenez Printed Name City Manager Title Address: 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Approved as to Form and Legality; ran -e Attorney This form has been pre -approved as to City Attorney form and legality by Jerome I. Johnson, Assistant General Counsel, on July 26, 2002 for use for one year. DEP 42-058 Revised 04-05-2002 Page 11 of 11