HomeMy WebLinkAbout2012-192 A TRUE COPY
- CERTIFICATION ON LAST PAQXdm*
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J . R . SMITH , CLERK 8
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T11037 T1137
( RTP Project Number) ( DEP Project Agreement #)
'� AarA "y G� ec AN CFDA # 20 . 219
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STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
FISCAL YEAR 2011 = 2012
PROJECT AGREEMENT
This project agreement (" Project Agreement" ) is entered into between the State of
Florida Department of Environmental Protection , whose address is 3900 Commonwealth
Boulevard , Mail Station 595 , Tallahassee , Florida , 32399 ( hereinafter referred to as the
" Department" ) , and the Indian River County, Florida , whose address is 1801 27th Street,
Vero Beach , Florida 32960 ( hereinafter referred to as the "Grantee" or "Recipient") , in
furtherance of a recreational trail project, Lagoon Greenway to be described herein . The
execution date of this Project Agreement is
WHEREAS , the Department receives funds for the purpose of passing such funds
through the agency as grants to other entities in accordance with Chapter 260 , Florida
Statutes ; and ,
WHEREAS , the Department receives funds for such grants from the Federal
Highway Administration to fund such grants ; and ,
WHEREAS , the Grantee has proposed and the Department has approved a
recreational trail project.
NOW THEREFORE , in consideration of the mutual covenants contained herein , the
Department and Grantee hereby agree as follows.
1 . This Project Agreement shall be effective upon execution of this Project Agreement
and end no later than , inclusive . The Project
Agreement shall be performed pursuant to Chapter 62S-2 , F .A. C . ; the National
Recreational Trails Fund Act of 1991 , 23 U . S . C. 206 , as amended (hereinafter
referred to as "Program " ); and in accordance with general provisions for such
agreements prescribed by the United States Department of Transportation , Federal
Highway Administration ( hereinafter referred to as " FHWA" ) in the FHWA Interim
Guidance ( hereinafter referred to as "Guidance" ) and the State of Florida
Department of Transportation's Project Development & Environment Manual ,
(hereinafter referred to as the " FDOT PD&E Manual") . The Grantee shall comply
with all applicable state and federal laws and regulations , including the National
Environmental Policy Act, the implementing regulations contained in the Code of
Federal Regulations, specifically 23 CFR Part 771 , and the Federal-Aid Policy
Guide referred to in@the Guidance . The Grantee agrees to become familiar with
and comply with all provisions of Chapter 62S-2 , F .A . C . and the Guidance which
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are utilized to comply with many of the aforementioned rules and regulations .
Chapter 62S-2 , F .A. C. and the Guidance are incorporated into this Project
Agreement by reference as if fully set forth herein . In the event a dispute arises
between the parties concerning the intent of any language contained in this Project
Agreement, 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. No construction performed
under this Project Agreement shall be contrary to the requirements of the Acts of
Congress or of the regulations of the FHWA .
2 . By acceptance of the Program grant , the Grantee agrees to comply with the
requirements of Title VI of the Civil Rights Act of 1964 , the Architectural Barriers Act
of 1968 , Section 504 of the Rehabilitation Act of 1973 ; the Age Discrimination Act
of 1975 , the Drug-Free Workplace Act of 1988 , the Americans With Disabilities Act
of 1990 ; 31 U . S . C . 1352 , regarding limitations on use of appropriated funds to
lobby or otherwise influence federal contracting and financial transactions ;
Executive Order 12549 , regarding federal debarment and suspension of
contractors , Section 8136 of the Department of Defense Appropriations Act, which
requires inclusion of the federal funding amount and the percentage of the total
project that amount represents in all public notices and documents describing the
Project; and , Section 623 of the Treasury , Postal Service and General Government
Appropriations Act of 1990 , regarding public notice of federal funding in solicitations
for goods and services for projects with an aggregate value of $500 , 000 . 00 or
more . It is the intention of the parties hereto that none of the provisions of Section
163 . 01 , Florida Statutes , shall apply to this Project Agreement.
3 . The Department has found that construction of mixed-use non-motorized
recreational trail is the primary purpose of the project known as Lagoon Greenway,
RTP Project Number T11037 , ( hereinafter referred to as " Project" ) , and enters into
this Project Agreement with the Grantee for construction of recreational trail
facilities and improvements on real property controlled by the Grantee through
ownership or other interest. The legal description and approved method of site
control of said real property are set forth in full in the Project application .
Attachment A, Grant Work Plan , attached hereto and made a part hereof,
includes a description of the Project, detailed budget, and anticipated deliverables .
Any revisions to Attachment A 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 Project Agreement.
4. Prior to commencement of the Project, the Grantee shall submit for Department
approval the documentation described in the FDOT PD&E Manual , as provided in
the PD&E Data Survey , The Project may not commence until completion of the
Project Development & Environment Process , an environmental determination is
made by FHWA, the determination is accepted by the Department and approved by
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FHWA, and the Department notifies the Grantee in writing that construction of the
Project may commence .
5 . The Grantee shall construct, or cause the construction of, specified recreational trail
facilities and improvements , (hereinafter referred to as " Project Elements") , upon
the real property identified in the approved Project application . The following shall
be considered the Project Elements , which may be modified by. the Department
upon a showing of good cause , and that the spirit and intent of the Project is
maintained : 1 ,450 linear feet boardwalk, 1 , 300 linear feet natural surface trail , and
related support facilities . Any revisions to the Project Elements 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 Project Agreement.
6 . The Project Elements identified in Paragraph 5 above shall be designed and
constructed substantially in accordance with the conceptual site development plan
contained in the approved Project application and Attachment A. Project Elements
shall be attractive for public use , and generally consistent and compatible with the
environment. Plans and specifications for Project Elements shall be in accord with
current and established engineering and architectural practices. Emphasis should
be given to the health and safety of users , accessibility to the general public, and
the protection of the recreation and natural values of the area . Any and all utility
lines installed within the Project shall be placed underground . The Grantee shall
have the Project Site plan (site engineering and architectural ) prepared by an
architect or engineer licensed by the State of Florida .
7 . The Grantee shall complete all Project construction no later than two (2 ) years from
the effective date of this Project Agreement.
8 . Within forty-five (45) days of completion of the Project and prior to release of the
final payment, the Grantee shall submit for Department staff approval the
documentation described in Chapter 62S-2 , F .A. C . and included in the Program
Completion Packet received by the Grantee .
9 . Execution of this Project Agreement does not relieve the Grantee of the
responsibility to comply with all applicable federal , state , county, or municipal laws ,
ordinances or rules, nor is the Grantee relieved of the responsibility to obtain any
permits , management agreements , leases or other authorization required by . the
Department or any federal , state , county or municipal agency for acquisition or
development of the Project Site .
10 . A. As consideration for the services rendered by the Grantee under the terms of
this Project Agreement, the Department shall pay the Grantee on a cost
reimbursement basis an amount not to exceed $ 109,000 toward the total
project cost described in the approved Project application and Attachment A.
Program fund limits are based upon the following .
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Total Grantee Amount $ 109 . 000 ( paid by the Department)
Grantee Match Amount $ 109 . 000 ( paid by the Grantee)
Total Project Cost $ 218 . 000
Type of Match Cash and/or In-Kind Services
It is understood that if the total Project cost exceeds the amounts shown
above , it is the Grantee's responsibility to provide the funds necessary to
complete the project.
Be Travel expenses will not be reimbursed under the terms and conditions of
this Project Agreement,
Co The Grantee may submit payment requests upon completion of Project
deliverables as identified in Attachment A. Program funds shall be released
by the Department, upon submittal of a payment request from the Grantee's
duly authorized Grant Manager and upon compliance with this Project
Agreement, as set forth herein . The Department will periodically request
proof of a transaction ( invoice , payroll register, etc. ) to evaluate the
appropriateness of costs to this Project Agreement pursuant to state and
federal guidelines ( including cost allocation guidelines), as appropriate . This
information when requested must be provided within thirty (30 ) calendar
days of such request. The Grantee may also be required to submit a cost
allocation plan to the Department in support of its multipliers (overhead ,
indirect, general administrative costs , and fringe benefits) . All bills for
amounts due under this Project 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 of Florida Department of Financial
Services' Reference Guide for State Expenditures at
http ://www.fldfs . com/aadir/reference% 5Fguide , allowable costs for Federal
Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR
Part 74 , at http : //www. access . gpo . gov/nara/cfr/cfr-table-search . html and
OMB Circulars A-87 (2 C . F . R. , Part 225 ), A-122 (2 C . F . R. , Part 230) , A-21 (2
C . F . R. , Part 220); and administrative requirements can be found in OMB
Circulars AA02 and A- 110 (2 C . F . R. , Part 215) at
http : //www, whitehouse . gov/omb/circulars/index . htmi#numerical
D . The Grantee must provide from its accounting system , a list of expenditures
charged against this Project Agreement. The listing shall include , at a
minimum , a description of the goods or services purchased , date of the
transaction , voucher number, amount paid and vendor name. Allowable
costs will be determined in accordance with the cost principles applicable to
the organization incurring the costs . The Grantee must also adhere to the
State of Florida Department of Environmental Protection , Office of
Greenways and Trails' Grant .Accountability Procedures and Guidance
("Accountability Procedures" ) (reviewed and approved by the Federal
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Highway Administration ) , which are incorporated by reference , and were
included in the commencement documentation . For purposes of this Project
Agreement , the following federal cost principles are incorporated by
reference :
Organization Type Applicable Cost Principles
State , local or Indian tribal OMB Circular A-87
government.
(2 C. F. R . , Part 225 )
Private non-profit organization OMB Circular AA 22
other than an ( 1 ) institution of
higher education , (2 ) hospital , or (2 C . F . R. , Part 230 )
(3) organization named in OMB
Circular A- 122 as not subject to
that circular.
Education Institutions OMB Circular A-21
(2 C . F . R. , Part 220 )
For-profit organization other than a 48 CFR. Part 31 , Contract Cost
hospital and an organization Principles and Procedures, or
named in OMB AA 22 as not uniform cost accounting
subject to that circular. standards that comply with cost
principles acceptable to the
federal agency.
E . The Department's Grant Manager shall , within sixty (60 ) days after receipt of
a complete payment request, review the submitted documentation and
Project work accomplished to date , and , if complete pursuant to
requirements of this Project Agreement, approve the request for payment.
F . The Department shall reimburse the Grantee up to ninety (90 ) percent of the
total amount of funding under this Project Agreement. Final payment of the
remaining ten ( 10 ) percent will be retained until the Project has been
completed and approved by the Department. Upon completion of the Project
and prior to release of the final payment, the Grantee shall submit all
documentation described in the Recreational Trails Program Project
Completion Documentation Form OGTA 3 , included in the Program
Completion Packet received by the Grantee . A final payment request must
be submitted to the Department no later than , to
assure the availability of funds for payment. Each payment request
submitted shall document all matching funds and/or match efforts (i . e . in-kind
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services) provided during the period covered by each request. The final
payment will not be processed until the match requirement has been met. )
11 The Department and the Grantee fully understand and agree that there shall be no
reimbursement of funds by the Department for any obligation or expenditure made
prior to the execution of this Project Agreement with the exception of $0 for
planning , permitting , or design performed on or after August 1 , 2011 .
12 . The Grantee shall adhere to the State of Florida Department of Environmental
Protection , Office of Greenways and Trails' Accountability Procedures, incorporated
into this Project Agreement by reference as if fully set forth herein . The
Accountability Procedures establish uniform guidelines and procedures to be
utilized by the Department and the Grantee in accounting for grant funds disbursed
under the Program and sets forth principles for determining eligible costs,
supporting documentation and minimum reporting requirements . Expenses,
representing the grant amount and the required match , shall be reported to the
Department and summarized on certification forms referenced in Chapter 62S-2 ,
F .A. C . The Grantee shall maintain books, records and documents directly pertinent
to performance under this Project 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 Project Agreement and for five (5 ) years following
Project Agreement completion . In the event any work is subcontracted , the
Grantee shall similarly require each subcontractor to maintain and allow access to
such records for audit purposes .
13 . A . In addition to the requirements of the preceding paragraph , the Grantee shall
comply with the applicable provisions contained in Attachment B (Special
Audit Requirements ) , attached hereto and made a part hereof. Exhibit 1
to Attachment B summarizes the funding sources supporting the Agreement
for purposes of assisting the Grantee in complying with the requirements of
Attachment Be A revised copy of Exhibit 1 must be provided to the Grantee
for each amendment which authorizes a funding increase or decrease . If the
Grantee fails to receive a revised copy of Exhibit 1 , the Grantee shall notify
the Department' s Grant Manager identified in Paragraph 24 to request a
copy of the updated information .
Be The Grantee is hereby advised that the federal and/or Florida Single Audit
Act requirements may further apply to lower tier transactions that may be a
result of this Agreement. The Grantee shall consider the type of financial
assistance (federal and/or state) identified in Attachment B, Exhibit 1 when
making its determination . For federal financial assistance , the Grantee shall
utilize the guidance provided under OMB Circular A- 133, SubpartB , Section
. 210 for determining whether the relationship represents that of a
subrecipient or vendor. For state financial assistance , the Grantee shall
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utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination" (form number DFS=A2-NS )
that can be found under the "Links/Forms" section appearing at the following
website:
https :\\apps .fldfs . com\fsaa
The Grantee should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the
applicability of these requirements .
C . In addition , the Grantee agrees to complete and submit the Certification of
Applicability to Single Audit Act Reporting , Attachment C , attached
hereto and made a part hereof, within four (4) months following the end of
the Grantee' s fiscal year. Attachment C shall be submitted to the
Department' s Grants Development and Review Manager at 3900
Commonwealth Boulevard , Mail Station 93 , Tallahassee , Florida 32399=
3000 . The Grants Development and Review Manager is available to answer
any questions at (850 ) 245-2361 .
14 . The Grantee shall submit a Recreational Trails Program Project Status Report on a
quarterly basis . The Grantee shall utilize this form , to describe the percentage of
work performed , submit photographs showing the accomplished work, identify
problems encountered , describe problem resolution , any necessary schedule
updates and proposed work for the next reporting period . Quarterly reports shall be
submitted to the Department's Grant Manager no later than five ( 5 ) days following
the completion of the quarterly reporting period . It is hereby understood and
agreed by the parties that the term "quarterly" shall reflect the calendar quarters
ending March 31 , June 30 , September 30 and December 31 . The Department's
Grant Manager shall have ten ( 10 ) calendar days to review the required reports and
deliverables submitted by the Grantee . Quarterly status reports received by the
Department after the fifth calendar day following the completion of any quarterly
reporting period will be considered late-filed and render the Grantee in default
under the terms of this Project Agreement. Failure to comply with these reporting
requirements will result in non-payment or termination of this Project Agreement.
15 . A. If for any reason the Grantee should fail to fulfill in a timely manner the
obligations under this Project Agreement, or if the Grantee should violate any
of the terms or conditions of this Project Agreement, the Department shall
thereafter have the right to terminate this Project Agreement without prior
notice . In the event the Department terminates this Project Agreement for
these reasons, the Department is not required to compensate the Grantee
for any expenses incurred before or after such termination .
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Be The Department may terminate this Project Agreement for convenience by
providing the Grantee with thirty ( 30 ) calendar days written notice .
C . 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 from section 24(a ) of
Article I of the Florida Constitution and Section 119 . 07( 1 ) , Florida Statutes .
D . The Department shall terminate this Project Agreement if the
commencement documentation is not received and approved by the
Department within twelve ( 12) months of this Project Agreement's execution .
This time period may be extended by the Department for good cause , such
as natural disaster.
16 . A . The Grantee may subcontract work under this Project Agreement without the
prior written consent of the Department's Grant Manager. The payment
terms of subcontracts (other than construction and the purchase of
commodities) shall comply with the terms of this Project Agreement (for
example , if payment under this Project Agreement is being made on .a , cost
reimbursement basis, then the subcontract shall also be cost
reimbursement) . The Grantee agrees to be responsible for the. fulfillment of
all work. elements included in any subcontract and agrees to be responsible
for the payment of all monies due under any subcontract. It is understood
and agreed by the Grantee that the Department shall not be liable to any
subcontractor for any expenses or liabilities incurred under the subcontract
and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
Be The Department supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Project Agreement
embrace diversity enthusiastically. The award of subcontracts should reflect
the full diversity of the citizens of the State of Florida . A list of minority owned
firms that could be offered subcontracting opportunities may be obtained by
contacting the State of Florida Department of Management Services, Office
of Supplier Diversity at (850 ) 487-0915 .
17 . Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws . Following completion of
Project construction , the Grantee's Grant Manager shall provide the Department
with a statement that all purchases or contracts for construction were competitively
bid pursuant to applicable laws .
18 . 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
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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 Standard Form-LLL , " Disclosure of Lobbying Activities" ( provided in
Federal Documents Packet) , and shall file quarterly updates of any material
changes . The Grantee shall require the language of this certification to be included
in all subcontracts , and all subcontractors shall certify and disclose accordingly. [49
CFR 2010
19 . In accordance with Executive Order 12549 , Debarment and Suspension (49 CFR
29) 9 the Grantee , by execution of this Project Agreement, 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 other covered transaction , with a
person who is similarly debarred or suspended from participating in this covered
transaction , unless authorized in writing by Federal Highway Administration to the
Department. The Grantee shall include the language of this section in all
subcontracts or lower tier agreements executed to support the Grantee' s work under
this Project Agreement.
20 . The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature . The parties hereto
understand that this Agreement is not a commitment of future appropriations .
21 . The Department and FHWA shall have the right, through their agents , servants ,
and employees designated for that purpose , to inspect the site of the Project and
the Project Elements thereon at any reasonable time .
22 . Following receipt of an audit report identifying any refund due to the Department for
noncompliance by the Grantee with the Project Agreement, the Grantee will be
allowed sixty (60 ) days to submit additional pertinent documentation to offset any
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 total refund due to the Department.
23 . The Department shall have the right to demand a refund , either in whole or in part,
of the funds provided to the Grantee for noncompliance with the terms of this
Project Agreement.
24 If the United States acting within the scope of its lawful authority, through the
FHWA, the Secretary of the FHWA, or any other branch of the government of the
United States , should for any reason demand a refund from the Department, in
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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
refund and will forthwith repay directly to the Department the amount of money
demanded .
25 . Alexandra H . Weiss , Community Assistance Consultant, or her successor, is
hereby designated as the Department's Grant Manager for the purpose of this
Project Agreement, The Department' s Grant Manager shall be responsible for
ensuring performance of the terms and conditions of this Project Agreement and
shall approve all reimbursement requests prior to payment. The Grantee's Grant
Manager, Andy Sobczak, or his successor, shall act on behalf of the Grantee
relative to provisions of this Project Agreement. The parties will notify each other in
writing , using the manner set forth in this Project Agreement for providing notices
related to this Project Agreement, of any change to the designated grant manager
within thirty (30 ) days of the change:
26 . By acceptance of the provisions of this Project Agreement, the Grantee agrees to
dedicate the Project Site and all land within the Project boundaries, identified in
Paragraph 3 above , to the public as a recreational trail in accordance with section
62S=2 . 076 , F .A. C . The parties further agree that the 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 .
27 . The Grantee agrees to operate and maintain the Project Site , as defined in
subsection 62S-2 . 070(37) , F .A. C . , in accordance with Rule 62S-2 . 076 , F .A . C . The
Project Site and Project Elements shall be open to the general public for
recreational trail 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 the Project Elements 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 , as
defined in subsection 62S-2 . 070(37) , F .A. C . , if said development is not described in
Paragraph 5 herein .
28 . The Grantee shall not, for any reason , convert all or any portion of the Project
boundary area for any purpose other than a recreational trail without prior approval
of the Department and FHWA pursuant to the Chapter 62S-2 , F .A. C .
29 . A . No person , on the grounds of race , creed , color, national origin , age , sex, 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
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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
State of 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 .
30 . A. The Grantee' s accounting systems must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must
be accounted for separately. The Grantee is prohibited from commingling
funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to
support another project. Where the Grantee's , or subrecipient's, accounting
system cannot comply with this requirement, the Grantee , or subrecipient,
shall establish a system to provide adequate fund accountability for each
project it has been awarded .
Be If the Department finds that these funds have been commingled , the
Department shall have the right to demand a refund , either in whole or in
part, of the funds provided to the Grantee under this Project Agreement 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 be calculated based on the
prevailing rate used by the State Board of Administration . Interest shall be
calculated from the date( s) the original payment(s) are received from the
Department by the Grantee to the date repayment is made by the Grantee to
the Department.
C . In the event that the Grantee recovers costs incurred under this Project
Agreement and reimbursed by the Department from another source(s) , the
Grantee shall reimburse the Department for all recovered funds originally
provided under this Project Agreement. Interest on any refund shall be
calculated based on the prevailing rate used by the State Board of
Administration . Interest shall be calculated from the date(s) the payment(s)
are recovered by the Grantee to the date repayment is made to the
Department by the Grantee .
31 . The federal funds awarded under this Project Agreement must comply with The
Federal Funding Accountability and Transparency Act (FFATA) of 2006. The
intent of the FFATA is to empower every American with the ability to hold the
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government accountable for each spending decision . The end result is to reduce
wasteful spending in the government. The FFATA legislation requires that
information on federal awards (federal financial assistance and expenditures) be
made available to the public via a single , searchable website , which is
www. USASPendina . gov. Grant Recipients awarded a new Federal grant greater
than or equal to $25 , 000 awarded on or after October 1 , 2010 are subject to the
FFATA . The Grantee agrees to provide the information necessary, over the life of
this Project Agreement, for the Department to comply with this requirement.
32 . 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 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 Project 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 .
33 . Each party hereto agrees that it shall be solely responsible for the negligent or
wrongful acts of its employees and agents . However, nothing contained herein
shall constitute a waiver by either party of its sovereign immunity or the provisions
of Section 768 . 28 , Florida Statutes .
34. The Grantee warrants and represents that it is self-funded for liability insurance ,
appropriate and allowable under Florida law, and that such self-insurance offers
protection applicable to the Grantee's officers , employees, servants and agents
while acting within the scope of their employment with the Grantee .
35 . Reimbursement for equipment purchases is not authorized under the terms and
conditions of this Project Agreement.
36 . Asphalt paving for the Project shall conform to the State of Florida Department of
Transportation 's specifications for road and bridge construction . Bid specifications,
contracts and/or purchase orders of the Grantee must specify thickness of asphalt
and square yards to be paved .
37 . The Grantee agrees to adhere to all state and federal special terms and conditions
incorporated by reference as part of this Project Agreement as if fully set forth
herein .
Revised 2/12
DEP Project Agreement No . T1137 , Page 12 of 15
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_ CERTIFICATION ON LAST PAGE
J . R . SMITH , CLERK
38 . This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of the State 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 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 otherwise required by state law.
39 . All notices related to this Project Agreement will be satisfied by sending notice by
certified U . S . mail to the following addresses of the parties.
Department's Grant Manager.
Alexandra H . Weiss , Community Assistance Consultant
Office of Greenways and Trails
Division of Recreation and Parks
State of Florida Department of Environmental Protection
3900 Commonwealth Boulevard , M . S . 795
Tallahassee , Florida 32399-3000
Grantee 's Grant Manager:
Andy Sobczak, Senior Environmental Planner
Indian River County
1801 27th Street
Vero Beach , Florida 32960
The parties will notify each other in writing , using the manner set forth in this Project
Agreement for providing notices related to this Project Agreement, of any change to the
designated grant manager within thirty (30 ) days of the change .
40 . The Grantee acknowledges prior receipt of the following documents . It is
understood that subparagraphs B , C , and D include documents that must be filled
out by the Grantee and returned to the Department.
A . Federal award letter approving project application as submitted by the
Department.
Be Project Development and Environment ( PD&E ) Materials — includes PD&E
Data Sheet, Form OGT- 15 and federal documents (survey, boundary map ,
Federal Form 424 - Budget Information , Drug-Free Workplace Certification ,
Civil Rights Assurance of Compliance , Certification Regarding Lobbying ,
Debarment and Suspension Form , federal Congressional District of
Applicant and Project Site , FHWA Guidance, PD&E Data Survey.
Revised 2/12
DEP Project Agreement No . T1137 , Page 13 of 15
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J . R . SMITH , CLERK
Co Commencement Packet — includes Boundary Map with legal description , Site
Plan (signed and sealed ) , List of Facilities to be Constructed (signed and
dated ), Pre-Construction Certification , Form OGT- 12 (signed and dated ) ,
Grant Project PD&E Data Sheet, Form OGT- 15 (with back-up
documentation ) .
D . Program Completion Packet — includes Project Completion Certification ,
Form OGT- 14 , As-Built Site Plan ( 1 copy), List of Constructed Facilities and
Improvements, Color Photographs or Slides of the Project and Identification
Sign , Certification of Filing of Notice of Limitation of Use , Final Payment
Request, Certification of FHWA Guidance .
E . Recreational Trails Program Project Status . Report (to be completed
quarterly).
F . Grant Accountability Procedures .
41 . The Grantee agrees to comply with , and include as appropriate in contracts and
subgrants , the provisions contained in Attachment D , Contract Provisions ,
attached hereto and made a part hereof. In addition , the Grantee acknowledges
that the applicable regulations listed in Attachment E , Regulations , attached
hereto and made a part hereof, shall apply to this Project Agreement.
42 . If a court deems any provision of this Project Agreement void or unenforceable , that
provision shall be enforced only to the extent that it is not in violation of law or is not
otherwise unenforceable and all other provisions shall remain in full force and
effect.
43 . 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
signed by each of the parties hereto , and attached to the original of this Project
Agreement, unless otherwise provided herein .
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Revised 2/12
DEP Project Agreement No . T1137 , Page 14 of 15
A .
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . R . SMITH , CLERK
The parties hereto have caused these presents to be duly executed the day and
year last written below.
STATE OF FLORIDA DEPARTMENT BOARD OF COUNTY COMMISSIONERS ,
OF ENVIRONMENTAL PROTECTION INDIAN RIVER COUNTY, * FLORIDA
By: By: 911.ONEfis"o
Donald V. For lone Type Nam Rs ,
g • yp Gary C . Wheel*: ' ' • ' ' an,
Donald °•.,`e
Director ;�
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Division of Recreation and Parks z: RIO
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Date : � '• 00
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Title : chairman
Date : October 16 , 2012
Department's Grant Manager Address:
1801 27th Street
Vero Beach , Florida 32960
ATTEST:
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fors ; J . R . SMITH , CLERK
Approved as to form and sufficiency: Approved as to form and sufficiency:
Depart dgrani Attorney Grantee's Attorney ( if required )
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (2 Pages)
Attachment B Special Audit Requirements (5 Pages)
Attachment C Certification of Applicability to Single Audit Act Reporting (3 Pages)
Attachment D Contract Provisions 13 Pages)
Attachment E Reaulations 0 Page)
Revised 2/12
DEP Project Agreement No . T1137 , Page 15 of 15
ATTACHMENT A
RECREATIONAL TRAILS PROGRAM PROJECT DELIVERABLES / GRANT WORK PLAN
Project #T11037 - Indian River County - Lagoon Greenway
PART I : Project Deliverables , Associated Costs & Completion Dates
Amount of Amount of Total Estimated
Project Deliverables Amount of Costs to be Costs to be Cost for Each Completion
Project Deliverable Information . Include Costs to be Grantee Match Paid with Listed Date for
percentage of completion , amount/number, length , Paid with (note if Grantee Grantee . Deliverable Each
width , surface, users RTP Funds Labor) Match other RTP + Match Deliverable
1 . Project Deliverable — Construct 1, 057' of new
wooden boardwalk.
Performance Standard: Approval . of above
deliverables upon review of photographs, As-
Built Site Plans, and certification of completion $ 104 , 000 $ 104,000 $208 ,000 7/27/2014
by the Grantee ' s Grant Manager To be Bid .
Financial Consequences: Failure to meet the
performance standard above , or requirements
of 62S-2, F.A.C . , will result in the rejection of the
invoice for payment and claim for match .
2 . Project Deliverable — Project oversight and
construction inspections
Performance Standard: Approval of above
deliverables upon receipt and acceptance of
the signed/sealed site plans and permits and 7/27/2014
certification of completion by the Grantee ' s $ 5 , 000 $51000 $ 10 ,000 To be Bid .
Grant Manager
Financial Consequences: Failure to meet the
performance standard above , or requirements ,N;
PART I : Explanation of Project Deliverables Table
Work Plan - Specific Items/Tasks : Provide detailed description of the work to be performed for the project. Project descriptions
should include specific tasks for the completion of the project and deliverables specific to the tasks.
Note: Under Item/Task Description if task will be contracted and/or subcontracted . If using contractual services, a copy of the
fully
executed contract between the RTP project sponsor and the contractor must be submitted to Alexandra H . Weiss, or her
designee .
Number of Deliverables: Grantee should note as many deliverables as needed to properly complete project, and accommodate
required cash flow.
RTP Funds and Grantee Match : Totals must equal amounts indicated in Project Agreement, Paragraph 10 . RTP funds
proportionately in every deliverable. Example - 80% RTP, 20% Grantee Match ; must show 80% RTP funds in every deliverable
.
Grantee Match (Other): Grantee Equipment, Grantee Stock.
Employee Salaries : If RTP funds go towards sponsor salaries , or sponsor salaries provided as match: provide the amount for
salaries ,
the positions, hourly rate and number hours anticipated for completion of the project. List each position on a separate
line.
Fringe Benefits, associated with salaries : Provide the amount for fringe benefits. Refer to RTP Grant & Accountability Procedures.
Schedule of Values: A schedule of values , developed per the construction industry standard, must be submitted with the
Commencement Documentation . All invoices submitted as part of the reimbursement process must correspond with Attachment A and
the Schedule of Values .
Schedules: Refer to Office of Greenways & Trails Grant Accountability Procedures - Reimbursement of Costs Schedules.
Reimbursements% No reimbursement will be made until deliverable item is completed as stated in table . Deliverables must be
tied to a
physical product, i .e. copy of permit, signed/sealed boundary map, construction documents, quarterly status report (with photos),
viewed
on site by Alexandra H . Weiss or her designee.
Change in Costs of Deliverables : If any individual deliverable increases in cost by 10% or more, a request to amend
the Project
Agreement must be submitted to Alexandra H . Weiss, or her designee . h a
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DEP Agreement T1137, Attachment A. Page 2 of 2
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J . R . SMITH , CLERK
ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP ". 7DEP " or "Grantor" or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor " Grantee " or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A- 133 and Section 215 .97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits
by
Department staff, limited scope audits as defined by OMB Circular A-133 , as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A- 133 , as revised.
1 . In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A- 133 , as revised. EXIiIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A- 133 , as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133,
as revised, will meet the requirements of this part.
2 . In connection with the audit requirements addressed in Part 1, paragraph 1 , the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as
revised.
3 . If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted
in
accordance with the provisions of OMB Circular A433 , as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an
audit
conducted in accordance with the provisions of OMB Circular A433, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities) .
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httt)://12.46.245. 173/cfda/cfda.htmia
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DEP Agreement No. T1137, Attachment B, Page 1 of 5
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J . R . SMITH , CLERK
PART He STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215 .97(2)(m), Florida Statutes,
1 . In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215 .97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10 .550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2 . In connection with the audit requirements addressed in Part H, paragraph It the recipient shall ensure that
the audit complies with the requirements of Section 215 .97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215 .97(2), Florida Statutes, and Chapters 10 .550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3 . If the recipient expends less than $ 500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215 .97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215 .97, Florida Statutes, the cost of the audit
must be paid from the non-state entity' s resources (i.e., the cost of such an audit must be paid from the
recipient' s resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https ://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: • Legislature's
Website at http ://www. leg.state.fl.us/Welcome/index.efin State of Florida' s website at
http ://www.myflorida.com/, Department of Financial Services' Website at hlW ://www . fldfs.com/ and the
Auditor General's Website at http ://www . state. fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity 's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215. 97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215. 97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1 . Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A- 133 , as revised, by or on behalf of the recipient directly to each of the following.
DEP 55=215 (03/09)
DEP Agreement No. T1137, Attachment B, Page 2 of 5
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J . R . SMITH , CLERK
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Be The Federal Audit Clearinghouse designated in OMB Circular A433 , as revised (the number of
copies required by Sections .320 (d)( 1 ) and (2), OMB Circular A- 133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1 ,
2008 , must be submitted using the Federal Clearinghouse' s Internet Data Entry System and can be
found at hU :Hharvester. census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A- 133 , as revised.
2 . Pursuant to Section .320(f), OMB Circular A- 133 , as revised, the recipient shall submit a copy of
the
reporting package described in Section .320(c), OMB Circular A433 , as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399=3000
3 . Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40 ,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Be The Auditor General ' s Office at the following address:
State of Florida Auditor General
Room 401 , Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 323994450
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DEP Agreement No. T1137, Attachment B, Page 3 of 5
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J . R . SMITH , CLERK
4 . Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399=3000
5 . Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A- 133 , Florida Statutes, or Chapters 10 .550 (local governmental entities) or 10 .650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A- 133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting packdelivered to the recipient in correspondence accompanyi
age was ng the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of
Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a, period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
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DEP Agreement No. T1137, Attachment B, Page 4 of 5
i
EXHIBIT — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci ient Pursuant to this A reement Consist of the Followin
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
Original U.S . Department of 20.219 Recreational Trails Program 1099000 140185
Agreement Transportation
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matchine Resources for Federal Pro rams:
Federal State
Program Appropriation
Number Federal A enc CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97
F.S. :
state CSFA Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Total Award $ 109,000
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance
(CFDA)
[http*H12 .46.245 . 173/cfda/cfda.httnl] and/or the Florida Catalog of State Financial Assistance (CSFA) [htips://apps.fldfs.com/fsaa/searchCawog.aspxl
. The
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by
the recipient is clearly indicated r? n
in the Contract. C„ -�
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DEP Agreement No. Tl 137, Attachment B. Page 5 of 5 GA'
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J . R . SMITH , CLERK
ATTACHMENT C
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee ' s Name: Miami Lakes, Town of
Grantee Fiscal Year Period: FROM : TO :
Total State Financial Assistance Expended during Grantee ' s most recently completed Fiscal Year,
Total Federal Financial Assistance Expended during Grantee' s most recently completed Fiscal Year:
CERTIFICATION STATEMENT :
I hereby certify that the above information is correct.
Signature Date
Print Name and Position Title
DEP Agreement No. T1137, Attachment C. Page 1 of 3
' A TRUE COPY
CERTIFICATION ON LAST PAGE
J . R . SMITH , CLERK
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE : THIS SHOULD BE THE GRANTEE ' S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee ' s most recently completed Fiscal Year:
NOTE : THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT NST DEP.
Total Federal Financial Assistance Expended during Grantee' s most recently completed Fiscal Year.
NOTE , THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP.
$
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date of the signature.
DEP Agreement No . T1137 , Attachment C, Page 2 of 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . R . SMITH , CLERK
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
1 . Question: Do I complete and return this form when I return my signed
Agreement/Amendment?
Answer: No, this form is to be completed and signed by your Chief Financial Officer and
returned 4 months after the end of your fiscal year.
1 . Question : Can I fax the form to you?
Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411 .
2. Question: How can I submit the form if our audit is not completed by the due date of this
letter?
Answer: You should be able to complete the form from the information in your accounting
system. This is just to let our Office of the Inspector General know which entities they
should be getting an audit from . If you are under the threshold you do not have to submit a
copy of your audit, only the Certification form .
3. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific to
DEP on the form.
4. Question: Do I have to submit the completed form and a copy of my audit?
Answer: No,. you do not have to submit your audit unless you are over the threshold of
$ 500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine.
5. Question: Our CAFR will not be ready before. your due date and we don' t have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a 2nd
notice.
6. Question : Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie.skelton@dep. state.fl.us.
DEP Agreement No. T1137 , Attachment C, Page 3 of 3
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CERTIFICATION ON LAST PAGE
J . R . SMITH , CLERK
ATTACHMENT D
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable:
1 . Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with
Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375 , "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor. "
2 . Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess
01
of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for
compliance with the Copeland "Anti-Kickback" Act ( 18 U. S .C. 874), as supplemented by Department of Labor
regulations (29 CFR part 3 , "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or
subrecipient shall be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
3 . Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all
construction contracts awarded by the recipients and subrecipients of more than $2000 shall include
a
provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a4) and as supplemented
by
Department of Labor regulations (29 CFR part 5 , "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to
pay wages to laborers and mechanics at a rate not less than the minimum wages specified
in a wage
determination made by the .Secretary of Labor. In addition, contractors shall be required to pay wages not less
than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance
of the wage determination. The recipient shall report all suspected or reported violations to the
Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts
awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts
that involve the employment of mechanics or laborers shall include a provision for compliance with Sections
102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S .C. 327-333), as supplemented by
Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be
required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than 1 'V2 times the basic rate of pay for all hours worked in excess of 40 hours in
the work
week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall
be required to work in surroundings or under working conditions which are unsanitary, hazardous
or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
5 . Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $ 100,000 shall contain a provision that
requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act (42 U.S .C. 1857(h)), section 508 of the Clean Water Act (33 U. S.C. 1368), Executive Order
11738, and Environmental Protection Agency regulations (40 CFR part 15).
6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $ 100,000
or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by
31 U. S.C . 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes
place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the
recipient.
DEP Agreement No. T1137, Attachment D, Page 1 of 3
i
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . R . SMITH , CLERK
8 . Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the
General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with E.O. s 12549 and 12689, "Debarment and Suspension. " This list contains the
names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible
under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small
purchase threshold shall provide the required certification regarding its exclusion status and that of its principal
employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section
1424(e) of the Safe Driuldng Water Act (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in
excess of $ 100,000 shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as
amended (33 U. S .C. 1368) and Section 1424(e) of the Safe Drinking . Water Act (42 U.S .C. 300h-3(e)).
Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to.
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88452), which prohibits discrimination on the basis of sex;
(b) Section 504 of the Rehabilitation Act of 1973 , as amended (29 U.S .C. 795), which prohibits discrimination
on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U. S .C. 6101 -6107), which
prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P .L. 91 -616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the
Public Health Service Act of 1912 (42 U. S .C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U. S.C. . 3601 et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, (h) any
other
nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other
nondiscrimination statute(s) that may apply.
11 . Compliance with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
12 . Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 - 1508 and 7324 — 7328) that limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
Be Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area
to
participate in the program and to purchase . flood insurance if the total cost of insurable construction
and
acquisition is $ 10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91490)
and Executive Order 11514, (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of
wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O.
11988 ; (e) assurance of project consistency with the approved State management program developed under the
Coastal Zone Management Act of 1972 ( 16 U. S.C. 1451 et seq.); (f) conformity with Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955 , as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act
of 1973 , as amended (P.L. 93 -205).
15 . Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1%6, as amended (16 U.S.C.
470)9 E.O. 11593 (identification and protection of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
DEP Agreement No. T1137, Attachment D, Page 2 of 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . R . SMITH , CLERK
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance.
18 . Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89444, as amended, 7 U.S.C. 2131 et
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by this Agreement.
19 . Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits
the use of lead-based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in
the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L.
94= 1639 891 Stat. 871 ).
21 . Compliance with Limitation on Federal Participation (23 CFR 1 .9) pertaining to the use of Federal-aid
funds
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DEP Agreement No. T1137, Attachment D, Page 3 of 3
i -
ATTACHMENT E
REGULATIONS
Formal regulations concerning administrative procedures for U. S . Department of Transportation (DOT)
grants appear in Title 49 of the Code of Federal Regulations. The following list contains regulations and
Office of Management and Budget Circulars which may apply to the work performed under this
Agreement.
Subchapter A - General .
49 C .F.R. 24 Uniform relocation assistance and real property acquisition for federal and federally
assisted ro
49 C .F .R. 27 Nondiscrimination on the basis of disability in programs or activities receiving
Federal financial assistance.
49 C.F.R. 17 Intergovernmental review of DOT programs . and activities
49 C .F.R. 19 Uniform administrative requirements for grants and agreements with institutions of
higher education, hospitals and other nonprofit organizations
49 C .F .R. 18 Uniform administrative requirements for grants and cooperative agreements to state
and local &2yernments
49 C .F.R. 20 New restrictions on lobbying
49 CFR 32 Dru -Free Wor lace Act
Other Federal Regulations
48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that
comply with cost princi les arc table to the federal agency
2 CFR 1532 Nonprocurement Sus ension and Debarment Re lations
1 64
Office of Management and Budget Circulars
A-21 (2CFR 220 Cost Principles for Educational Institutions
A-87 2 CFR 225 Cost Principles for State, Local, and Indian Tribal Governments
A- 122 (2 CFR Cost Principles for Non-Profit Organizations
230 -
A- 133 1 Audit R *cements
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INDIAN RIVER COUNTY
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DEP Agreement No. T1137, Attachment E, Page 1 of 1