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HomeMy WebLinkAbout1999-20940 F2023 (DEP Contract ;Number) FLORIDA DEPARTMENT OF -ENVIRONMENTAL PROTECTT_C:i FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Froject Grant ".greement - Development This Agreement is made and entered into this __ day of , 19 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the CFPARTMENT, and Indian River County, hereinafter alled the �'ANTEE, lrtherance of an approved public outdoor recreation prole^_t. =n ccn:ideration of the mutual covenants contained herein and pursuant to s. 1170.023, 375.021 and 375.075, Florida Statutes, and Chapter �,2D-5, Fart V, Florida Administrative Code, the parties hereto agree as Follows: 1. This Agreement shall be performed in accoraance with s. 370.023, 375.021 and 375.075, Florida Statutes; and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, as if :sully set forth herein. Failure to comply with provisions of the RULE may result in cancellation or the Agreement by the DEPARTMENT. Disputes concerning the interpretation or application of this Agreement shall be resolved Page 1 of 15 • • by the DEPARTMENT whose decision shall be final and binding on the GRANTEE. The DEPARTMENT may cancel this Agreement for failure by the GRANTEE to perform pursuant to the terms and conditions .f this Agreement. __ is the intent of the DEPARTMENT and the _-RANTEE that none of the provisions cf s. 163.01, Ficrida Statutes, --*;ail have application to this Agreement. 2. The DEPARTMENT has found that rublic outdoor recreation is the primary purpose of the project- }:Hewn as South Park - Phase II (Florida Recreation Development Asslctance Program ('�RDAP) ''roject Number F20023), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for construct_�:n �f public ::ur_ioor recreation facilities and improvements on real property, the legal description of which is set forth in the PROJECT aoplicatfon. The PROJECT application is incorporated into this Agreement ;;; reference as if fully set forth herein. 3. The GRANTEE shall construct, or .ruse r; ie -onstructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Baseball Field, Basketball Court, Tennis Court, renovate Baseball Fencing, resurface Tennis Court, Parking and Other Related Support Facilities. Page 2 of 15 do 40 ) 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $100,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount S .(;0, 000 ;,u' GRANTF..E ilatch _ _0,000 =� Type of Match Cash and/or In -Kind :service The PROJECT reimbursement _equesz: -`",all include all documentation required by the DEPAF.T:,ENT groper pre -Judi -i_ nd r_)st-audit review. The DEPART'MENT'S C_-r:tra;:t Manager r.aii, within : x.ty (60) days after receipt of a payment request, revi_w the work accomplished to date under this Agreement and, if the work and payment request are in accordance with all applicable requirements, approve the request for payment. The DEPARTMENT Shall retain i')° of -he entire DEPARTMENT amount until completion of t;e PROJECT rd all PROJECT moletion documentation, as described _n the Florida Recreaticr: Development Assistance Program CoT.Dleti.n Documentaticn, orm r'PS-AO37, referenced in s. 62D-5.058(4) of the RULE, is submitter to the DEPARTMENT by the GRANTEE. 5. Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Page 3 of 15 G 40 • Development Project Commencement Documentation Form, Form FPS -A034, referenced in s. 62D-5.058(7)(c)of the RULE. 6. The Grantee shall obtain all required local, state and federal environmental construction permits and approvals prior to commencement of project construction and shall certif.; to the Department by completing the :re-, r.st_ucLion Certification, FPS -A034, referenced in s. 62D -5.058(7)(c) of the RULE. 7. The GRANTEE shall comply with the Division cf Recreation and Parks' Gran-- and . f ontract :countabiiity _ rocedure, i?E"einafter r''�: called the PROCEDURE, reference :n S. 62D-5.058(3)(b)of the RULE, and incorporated into this P.greement b; reference as if fully set forth herein. The GRANTEE shall. ensure that 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 tiie PROJECT _csuO, :ncluriing required matching contribution, shall be :sported to the DEPARTMENT and summarized on certification forms incorporated in the PP.00EDUR.E. The rROCEDURE establishes uniform guidelines to be utilized by the DEPARTMENT and the GRANTEE in accounting for FROJECT funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. Paae 4 of 15 uir 140 • s 8. The GRANTEE shall retain all records supporting PROJECT costs for three (s) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or _intil final resolution of matters resulting from any '_iticatien, claim or audit that started prier to the expiration of ~he t^ree-year retention period. The DEPARTMENT, State Audi=r General, `tate Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records f:vr .=aid PROJEC'_ within the retention period. 9. PROJECT funds may be reimbursed for eli�_ble preagreement expenses (as defined in ' -;.059(29) --f t:he RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior :he -- execution of this A.crreement with the <rxception of those _xpenditures which meet the requirements of the foregoing sections of the RULE. 10. This Agreement shall become eff?ctive upon execution W"M and the GRANTEE shall complete construction of all PROJECT elements on 1 or before — The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. Page 5 of 15 • W- PM 0 0) 11. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement reauests prior to payment. The GRANTEE'S Liaison Agent, as dentified in the PROJECT application, or successor, shay_ _ crn behalf f rhe GRANTEE relative to the provisions of. this Aareevent. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PPOJECT status reports every ninety (90) days summarizing the work accompli hed, problems encountered, percentage ;f completion, anc -.)--her Infcrmation, which may be requested by the DEPARTMENT. Photograpr;s to reflec� the con. -traction work accomplisher shall i;e surmitted when rhe DEPARTMENT requests them. 1.2. All monies expended by the GRANTEE for the rurpose contained herein shall be subject to pre—audit review and approval by the Comptroller of Florida in accordance .ci.h -. 17.93, Olorida Statutes. 13. Each party hereto agrees that '_t :3hail be :solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. Page 6 of 15 40 • • 14. The GRANTEE shall comply with ail federal, state and local rules and reguiations in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and iccai health and safety rules and regulations. The GP.ANTEE further agrees to insure -::at the GRANTEr'= contract will include this provision in all. subc:;ntracrs 153ued as a result of this Agreement. .5. The GEPART:•9EIJT reser•res ne =igt.t zn eecr_ said PROJECT and any a -.d all recoras ._fated tiere%c -n_j =-easonable time. :5. This rgreement may be un'lateraily canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Aareement pursuant to the provisions of Chapter _19, Florida Statutes. 7. 7oilcwinq receipt of an audit report id :nr__fying any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE i with this Agreement, the DEPARTMENT, following a review of the documentation submitted by tine GRANTEE, will inform the GRANTEE in writing of any reimbursement due the DEPARTMENT. The GRANTEE shall be �I allowed a maximum of sixty (50) days from the date of such Page 7 of 15 C notification to submit additional pertinent documentati3n to offset the amount identified as being due the DEPART:dENT. 18. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of tt.e FRDAP =-ands provided to the SRANTEE for non-compliance with the terns of this Agreement. The GRANTEE, noon such written notification. from the DEPAR.TIENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. suct: --efund sr -.ail 'include i::terest calculated at two i2) percent over the :,_eva+linu prime rate as reported by the Federal Reser-ie cn the ;ate *-ne DEPARTMENT calculates t;e amount of refund due. Interest shah be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 19. The State cf Flcrida's performance and obligation to pay under this Agreement ->t.: i-ition by the Florida Legislature. 20. Allowable indirect .osis shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs tnat exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 21. If asphalt paving is required for the PROJECT it shall conform to the Florida Department of Transportation's specifications Page 8 of 15 C 40 • 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. 22. Prior to final reimbursement, the GPANTEE must erect a permanent information sign -)n the PROJECT site 'which credits PROJECT funding cr a portion thereof, from _.rich De=Dartment of Environmental Protection and the Florida Recreation Development Assistance Program. 23. Land owned by the (;RANTEE, which is develecea or acquired with FRDAP funds, shall be dedicatea in perpetuity by the GRANTEE as an outdoor recreation site for the use and 1.enefit of the public. The dedication must be recorded in the official public property records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if on GRANTEE -owned land and purchased or developed with FRDAP funds, shall be managed for :utdoor recreation purposes for a minimum period cf twenty-five (25) years from <_:e ccmoletion date set forth in the PROJECT completion certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, management agreement or dedication, and developed with FRDAP funds, shall be managed as a public outdoor recreation area for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Such PROJECT shall be open at PM Page 9 of 15 0 • reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert ail or part of the PROJECT site to a use or uses other than public outdoor recreational use, the GRANTEE shall replace the FRDAP facility, 3t i --s own expense, with a project of comparable scope and quaiity approved by the DEPARTMENT. T11 lleu cf sccepring a reoiacement c4 !it cze DEPARTMENT :nay require return of all FRDAP `ends with interest as specified in Paragraph 18. 24. The employment of unauthorized alien I-! any GRANTEE is considered a violation of -7. <:74A(e) of the Immigration and Nationality Act. If the GP.ANTEE �:no.:ingly employs .nal-�thorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all. subcontracts with private organizations i:;sued as a result of this Agreement. 25. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, -hall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. Page 10 of 15 ED 40 • 26. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legisiature, the ludicial branch, or a state agency. 27. Any local governmental ellti_`/, :—nprcfit _rganization, or for-profit organization t" -.at is awar ea 'ur.ds _rcm a grants and aids appropriation 6y a state agency shaii: (a) If the amounts received exceed 1100,000, have an audit performed in accordance ::itr. the rules _�f :he ::uaiter =neral promulgated pursuant _. _..45, .lor ::a .:_ _�tes; (b) If the amounts re_e-4 %ea exceed 25, J0, 'r,ut ao not exceed $100,000, have an audit. Perftrmed is acccruance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified ounlic accountant which attests that the r-ceiving _zity Cr organization has complied with the pre:s:ons of hUre; (c) Tf the amounts received Jo not excee,i have the head of the entity or or.ganizaticn attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 28. Pursuant to S. 215.422, Florida Statutes, the DEPARTMENT's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for Paae 11 of 15 E3 OW payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date t --le invoice is received or the date the services are received, inspected, and approved, whichever is later, invoice rayment __quirenents do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for _orrection(s) sri11 result in a delay in t�,_r tte payment. A Vendor :mbuds-,ar ::as been _stawliti::ed w_ the Florida DEPARTMENT of Banking ana Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 29, in accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay t e (,PA.NTEE interest a rate as established by Floridat_r a warrant in s. 55.03(1), lor_da ate. -.ri rhe unpaid talance, payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. interest payments or less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10.0% per Paae 12 of 15 �7 annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the .elephone number provided above or the DEPARTMENT's Contracts Section at 250/922-5942. 30. A person or affiliate :no rias been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under 3. contact •:.,ith any puplic entity, and may not transact business with any public entity in excess of the threshold amount provided :n S. 4-87.017, "riorida Star_utes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 31. In addition, a ropy of rhe audit or artestar.ion as required in paragraph 27, shay_ be sutmitted rp the DEPARTMENT within one (1) year from the PROJECT completion date is set for-Ji in the PROJECT completion certificate. 32. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 33. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a Page 13 of 15 40 0 • • revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 34. This Agreement represents the entire agreement of the parties. Any alterations, variations, chances, mcdificatlons or waivers cf provisions or this lgreement -hull only be 'valid when they have been reduced to writing, duly execut-i :y each of the parties hereto, and attached to the original of this Agreement. Page 14 of 15 E3 • IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTI.IENT OF ENVIRONMENTAL FROTECTT_ON Ey: Division Director for esiJri_e) Division of Recreation anti =arks Address: Bureau of es . ^.d �,i.vision 3900 Ccmmonweait: