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HomeMy WebLinkAboutExhibit 6DEP Agreement No. F7132 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2006-07) — Development This Agreement is made and entered into this day of 2006, 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 hereinand 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, effective August 15, 2004, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, 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 apply to this PROJECT AGREEMENT. The DEPARTMENT has found that public outdoorrecreation is the primary purpose of the project known as Hadley Park Baseball Field (Florida Recreation Development Assistance Program, FRDAP Project Number F07132), 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 Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. 3. All forms hereinafter referenced may be found at www. dep . state , fl , us/parks/oirs. Further, the GRANTEE will also receive all applicable forms for administration of project with GRANTEE's copy of fully executed PROJECT AGREEMENT. DEP Agreement No. F7132, Page 1 of 10 DEP 55-231 (01/06) fizz,, 4)- oh. 13�� 4. 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: Lighted baseball fields, batting cage, pathway realignment, restroom/concession and other related support facilities. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $200,000.00 50% GRANTEE Match: $200,000.00 50% Type of Match: Cash/In-Kind Services and/or Land Value 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 final request, the DEPARTMENT's Grant 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-A036, referenced in s. 62D- 5.058(6)(g), the DEPARTMENT will approve the request for payment. 7. In addition to the invoicing requirements contained in the paragraph above, the Department will periodically request proof of a transaction (such as invoice, payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within 30 calendar days of the date 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.dbfstate.fLus/aadir/reference_guide. 8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, 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 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 for accounting for FRDAP funds disbursed for the PROJECT. The parties further agree that the principles DEP Agreement No. F7132, Page 2 of 10 DEP 55-231 (01/05) for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries, unless approved in advance as described herein, Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 10. It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor's 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 amount deemed appropriate by the DEPARTMENT. 11. The. State.of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this Agreement is not a commitment of future appropriations. 12. All monies expended by the GRANTEE for the purpose contained herein shall :be subject to pre -audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 13, 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 in accordance with 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. 14.. 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(7)(c) 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. 15, The GRANTEE shall obtain all required local, state and federal permits and approvals prior to completion of the project construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE. 16. This. PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before DEP Agreement No. F7132, Page 3 of 10 DEP 55-231 (01/05) 601 . 7009 (hereinafter referred to as the PROJECT completion date), at which time all payment requests and completion documentation will be due to the DEPARTMENT. The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 30th each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward, the GRANTEE will not be eligible for reimbursement after the Governor's Office denies the certification forward. 17. Project completion means the project is open and available for use by the public. Project must be designated complete prior to release of final reimbursement. See Rule 62D-5.054(41). 18. 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 Chief Financial Officer and other agencies or entities with jurisdiction shall have th.e right to inspect and audit the GRANTEE's records for said PROJECT during the PROJECT and within the retention period. 19. In addition to the provisions contained in the paragraph 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 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 FRDAP Grants Administrator at (850) 245-2501 to request a copy of the updated information. 20. 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 the final • reimbursement due the DEPARTMENT. 21. 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. DEP Agreement No. F7132, Page 4 of 10 DEP 55-231 (01/05) 22. To the extent required by law, the GRANTEE will be self -insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor'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 its employees not otherwise protected. 23. The purchase of non -expendable equipment is not authorized under the terms of this Agreement. 24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant Manager shall be responsible for ensuring performance of its terms and conditions and shall 'approve all reimbursement requests prior to payment. i The, GRANTEE's Grant Manager, identified in paragraph 25, or successor, shalt 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 January 5th, May 5th, and September 5th of each year 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. 25. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by United States Postal Service to the parties at the following addresses: GRANTEE's Grant Manager Mr. Ernest Burkeen Director, Parks and Recreation 444 Southwest 2nd Avenue 5th Floor Miami, FL 33130 DEPARTMENT's Grant Manager Mary Ann Lee Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 26. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. DEP Agreement No. F7132, Page 5 of 10 DEP 55-231 (01/05) 27. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 28. This PROJECT 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 PROJECT AGREEMENT unless the records are exempt under Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 29. 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 FRDAP funds provided to the GRANTEE for noncompliance 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 and continues to accrue until the date the - refund and interest . are .paid to:: the DEPARTMENT. 30. The GRANTEE shall comply with all federal, state and local regulations, rules 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 .include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 31. The :GRANTEE may subcontract work under this Agreement without the prior written consent of the DEPARTMENT'S Grant Manager, The GRANTEE agrees. to • be • responsible for the fulfillment of all work elements included in 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. 32. 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 section 62D-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the 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 county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT DEP Agreement No. F7132, Page 6 of 10 DEP 55-231 (01/05) shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 33. 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 shall result in the imposition of the terms in Paragraph 29. 34. 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. 35. If the DEPARTMENT determines that site control is not sufficient under the RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE:a notice in . writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 29, if appropriate. 36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch, or.a state agency. '',37. 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. 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 which may be found at http://dms.mvflorida.com/dmslpurchasino/convicted suspended discrimin atory complaints vendor lists. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. DEP Agreement No. F7132, Page 7 of 10 DEP 55-231 (01/05) 38. 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 section 768.28, Florida Statutes. 39. The employment of unauthorized aliens by any GRANTEE is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE 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 issued as a result of this Agreement. 40. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not performwork 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, for Category Two, for a period of 36 months from the date, of being placed on the convictedvendorlist. 41. 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. 42. 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. 43. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 44. 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. 45. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this DEP Agreement No. F7132, Page 8 of 10 DEP 55-231 (01/05) PROJECT AGREEMENT shall only be valid when they have been reduced to writing, in the form of an Amendment duly executed by each of the parties hereto, and attached to the original of this PROJECT AGREEMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7132, Page 9 of 10 DEP 55-231 (01 /05) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written above. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director (or Designee) Division of Recreation and Parks Date. Address: Office of Information and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Approved as to Form and Legality: This form has been pre -approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on January 25, 2006 for use for one year. City of Miami By: Printed Name: 'edro G. Hernandez Title: City Manager Date Address: 444 Southwest 2nd Avenue 5th Floor Miami, FL 33130 i/24704' Grante Jorge L. Fe andez Attest. By: 7-ab-oF . Thompson, City Clerk Ri`s Management Administrator List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment 1 Special Audit Requirements (5 Pages) DEP Agreement No. F7132, Page 10 of 10 DEP 55-231 {01105)