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HomeMy WebLinkAboutExhibit 2Exhibit 1 FDEP GRANT, • 12-00461 (LWCP 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,' whoae'add=reei•ie 3900 Commonwealth Boulevard, Tallahasaee,•Florida 3239973000 (hereinafter called the "Department"),.and the CITY OF MIAMI, whose 'address is 444 SW end Avenue,' 3rd. Floor,. Miami, . Flor.ida 33130 (hereinafter called the "Grantee"), a local government, in furtherance of the Watson Island Aaywalk..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 Coda, (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 tle United States Donartmant of the 'Interior thereinafter ,ca<l,led ht ,USp I) in the LWCP Grants -in -Aid Manual, (her r a'> , erN a ed he Manual ) ,.. ; . DEP Agreement No. LW461 .;,.• �Tr� rage 1 of 14 •., to become famiar with ,all provisions a : 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. Xn 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 13-00461}, 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;thia Project Agreement • by reference as i.f 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 td be constructed, specified public outdoor recreation . facilities and' improvements consisting of the following Prdject 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 practices. Emphasis shciuld be ,AAA iven to the health 'and safety of users, aecessibility to he general .public, hind the `protection of the recreational w ,.DEP Airmen! No, LW'461 Niqe 2 of 14 and natural va. see 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 $20'0,000.00, 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 $200,000.00 Grantee Match Amount S200,000.00 Total Project Cost $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 andpayment 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 Stateand 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 beriefite). 'All bills for amountsdue 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;.a for federal programs can be found 1,.. der 46 CFR Part 31...,at ,.htto://www.access,opo.00v/nary/cfr/cfr-table-setarch,html DEP Agreement No. LAW Page 3 of I4 and OMB .circulars- . A-87, A-1 , A-21, at .http://www.whitehouse„gmycmb/circulars/index.htAltnumerical. 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 net 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 a etermining the eligible costa, 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 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-S.069(31) of the Rule) incurred by .Grantee prior to execution of this Project Agreement as set forth in 8.62D-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 anyexpenditure 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 Department. Upon i�termining that the documentation. complies with the Rule, ,the Department will gi,Yq:;wri.t: i notice to Grantee to commence the development and. 4prove DEP Agreement No, LW46I Paaa 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, A) Boundary Survey B) Title Search C) Certification of Manual Possession D) Site Plan (2 copies) . E) List of Facilities and Improvements for Construction with Related Costs F) Permitting Certification G) 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 comIgete all Project construction by the completion date of ,1,00(n 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 Departments 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 similalyrequire wash subcontractor to maintain and allow access o such records for audit purposes. 16. In addition to the provisions -:oatained in Paraeiraph 15 above, the Granteeweha11:=,x, T0Inp1Y 40.with .:4 the. ,aPPlicabla, provisions ctintained n' Attac'hment A. A revised ;copyAf` DEP Agreement Nu. LW461 ' ' `.'?'`' Pekes of 14 Attachment A, .jxhibit-1,- must be provic. L • 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 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 850/489-7896 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 o'f 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, represeritative, 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 ?rol.ect 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 similarlyto 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 tearsof this Agreement. 21. The Department's Grant Mansper for the purpcse of this {perct. ,Agreement shall be, re. ponsible, for ensuring formance of . its terms ' and •conditions and shall approve • DEP Agrie*di No. LW46 1 Pap 6 of 14 .2 all reimbursem. 4 requests prior to payme. . The Grantee's Liaison Agent (also known as Grantee's Grant Manger), 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 Mr. Keith A. Carswell, Director City of Miami 444 SW2nd Avenue, 3rd'Floor Miami, FL, 33130s. AULINGOODICONUCgtbliCX Phones (303)416-1411 Suncom Phone: Fax: 305/416-2156 Email: kcarawell@ci.miami.fl.us Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399-3000 Phones (850) 488-7896 Suncom Phone: 278-7896 Fax: (850) 488-3665 Suncom Fax: 278-3665 Email: collier.clarkadep.state.fl.us 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:.,.ar:.receved•by the Grantee in conjunction with this DEP A8reemeni No. LW461 Page 7 of 14 Agreement, unl 4s the records are exempt rom 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 autholity, 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.aubconbracts -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 purchasea 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 ::pecificatione •fot road and bridge construction. bid specifications, contracts and/or purchase orders of .,;t4 e DEP Apemen( No..LW4a! pane 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 shallconstitute an acceptance of said dedication on behalf of thegeneral publicof 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 in 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 Agreement will, result i:: 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, zf the Rule shaa control over tl.1,; Project DEP Agreemci i No. LW.61 • Piss 9 of 14 Agreement and As Projegt.Agreement she] control over the Project Application documents. 3s. 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 partial 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 8, .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 included in all - subcontracti, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) S. 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:nied the proceeds c.r benefits of; or he otherwise DEP Atreenient No. LW461'{ Ow 10 of 14 subjectec to discrimination in pe :ormance of this Project Agreement. r 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 leasesof 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 poet the list on its website. Que®tions 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 heretoagrees that it shall be. solely responsible for the wrongful. acts of its employees and agents... However, nothing contained herein 'shall constitute a :.waiiier_by either_party . of4te..-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 an 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. 207.017, 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..310), the Grantee shall agree and certify that neither it, nor its principals, is px'esently 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 other covered transaction, with a persc;; who' is. similarly debarred or suspended from DEP Agreement No. LW'46I Pope I I 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 say 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 a 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 provisionor the remaining provi'aions• 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 similarbreach or default thereafter. 44. This Project Agreement is not intended nor shall itbe 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 Aglc.e ent represents the entire agreement of the parties. Any alterations, variations, changes, DEP Agreement No. LW461 Page 12 of 14 % : modifications f waivers ,of provisions Df this Project Agreement shall only be valid when they. havh been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. DEP A6rewment No. LW46I REMAINDER OF PAGE INTENTIONALLY LEFT BLANK .,r.. Pqe 13 of 14 IN WITNESS WH. £OF, the parties hereto ht s 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: iscil City C1e D-3 a TKamps ri 44476' efi Address : '" , 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. Approved as to Form and Legality for use for one year by Suzanne Br Assistant General,Counsel,.on February 19, 2003. . CITY OF MIAMI Joe Arrtoia Printed Name City Manager Title Date: 282303 Address: 3500 Pan American Drive, Miami,•FL 33133• Approved as to Insurance Requirements Diana Ericson, Director Approved k Management and Correctness: ilarello, City Attorney Grantee Attorney Attachment's Attachment•A - Special Audit.Requirements (5 pages). Attachment B -.Disclosure of Lobbying Activities (2 pages) Attachment C - Certification,Regarding Debarment/Suspension (2'page.) FPS-A046 Revised 01/03 DEP Agri4:rneet No. LW461 • Page 14 of 14 d 4an9_ 1•/ •