Loading...
HomeMy WebLinkAbout1995 - Project Grant Agreement•F9670 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into thiscday of by and between the State of Florida, Department of Environmental Protection, hereinafter called .the DEPARTMENT, and the City of Sebastian, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with Sections 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 fully set forth herein. Failure to comply with provisions of the RULE may result in cancellation of the Agreement by the Department. Disputes concerning the interpretation or application of this Agreement shall be resolved 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 of this Page 1 of 11 Agreement. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Schumann Park (Florida Recreation Development Assistance Program, Project Number F96070), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvements on real property, the legal description of which is set forth in the Project application. The Project application is incorporated into this Project Agreement by reference as if fully set forth herein. 3. The GRANTEE will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified for good cause by the DEPARTMENT: tennis courts, racquetball courts, playground, picnic facilities, parking, landscaping and other related support facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $100,000.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 300 000.00 75% GRANTEE Match $ 33-334.00 25°s Type of Match Cash and/or in-kind Services Page 2 of 11 The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre -audit and post -audit review. The Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date on the GRANT and, if the work and payment request are in accordance with all applicable requirements, approve the request for payment. The DEPARTMENT shall retain 10% of the entire DEPARTMENT amount until completion of the PROJECT and all PROJECT completion documentation, as described in the Florida Recreation Development Assistance Program Completion Documentation, DEP Form 42-006, is submitted 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 Development Project Commencement Documentation Form, DEP Form 42-005. 6. The GRANTEE shall comply with the DEPARTMENT'S Grant and Contract Accountability Policy, Chapter 62A-11, Florida Administrative Code, hereinafter called the POLICY, and incorporated into this Agreement by 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 the PROJECT costs, including required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the Page 3 of 11 POLICY. The POLICY establishes uniform guidelines and procedures to be utilized by the DEPARTMENT and the GRANTEE in accounting for grant funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. 7. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the retention period. 8. Program funds may be reimbursed for eligible costs incurred by GRANTEE prior to execution of this Agreement if the GRANTEE has been granted a written Waiver of Retroactivity by the Department and all applicable requirements have been satisfied. 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 Agreement with the exception of $1,750.00, for: surveying. 9. This Agreement shall become effective upon execution and the Grantee shall complete construction of all PROJECT elements on or before October 31, 1997. The completion date may be extended by the DEPARTMENT for good cause at the Page 4 of 11 written request of the GRANTEE and must be made prior to project completion date. 10. Mary Ann Lee, Community Assistance Consultant, or successor, is hereby designated the DEPARTMENT'S Contract Manager for the purpose of this Agreement and shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the project application, shall act on behalf of the GRANTEE relative to the provisions of the Agreement. The GRANTEE'S Liaison Agent shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion and other appropriate information. Photographs shall be submitted when appropriate to reflect the construction work accomplished. 11. All monies expended by the GRANTEE for the purpose contained herein shall be subject to preaudit review and approval by the Comptroller of Florida in accordance with Section 17.03, Florida Statutes. 12. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 13. The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto at any reasonable Page 5 of 11 time. 14. This Agreement may be unilaterally 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 the Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 15. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with said Agreement, the GRANTEE will be allowed a maximum of sixty (60) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 16. The DEPARTMENT shall also have the right to demand a refund, either in whole or part, of the funds provided to the GRANTEE for non-compliance with the terms of the Agreement. The GRANTEE upon notification from the DEPARTMENT, agrees to refund, and will forthwith pay, the amount of money demanded --which payment shall be made directly to the DEPARTMENT. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the Department calculates the amount of refund due. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT. Page 6 of 11 17. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 18. Reimbursement of eligible travel expenses shall be subject to the requirements of Section 112.061, Florida Statutes. 19. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 20. If asphalt paving is required for the PROJECT it shall conform to the 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. 21. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the project site which credits project funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 22. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity by the GRANTEE as an outdoor recreation site for the use and benefit of the public. The dedication must be recorded in the 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 outdoor recreation Page 7 of 11 purposes for a minimum period of twenty-five (25) years from the completion date set forth in the project completion certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, permit, license, easement, management agreement or other valid interest and developed with program funds, shall be managed as an 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 reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of the project site to a use or uses other than DEPARTMENT approved public recreational uses, the GRANTEE shall replace the area, facilities, resource and site at its own expense with a project of comparable scope and quality acceptable to the DEPARTMENT. In lieu of accepting a replacement facility, resource or site, the Department may require return of all grant funds with applicable interest. 23. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 24. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. Page 8 of 11 25. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) if the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. 26. In addition, a copy of the audit or attestation as required in paragraph 25, shall be submitted to the DEPARTMENT within one (1) year from the project completion date as set forth in the project completion certificate. 27. 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. Page 9 of 11 28. It is understood by the parties that the amount of this grant may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, this grant may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 29. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT CITY OF SEBASTIAN OF ENVIRONMENTAL PROTECTION By: CL ! 1� l•L� BY: Fran P. M'ainella, Director Arthur L. Firtion ,Mayor Division of Recreation and Parks �ATTUEST� : TC h A) tbryn M. O'Halloran City Clerk Address: Address: Office of Local Recreation Services 1225 Main Street Division of Recreation and Parks Sebastian, Florida 32958 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DEP ¢ont' t Manager Approved as to Form and Legality: Cw, C'•�'` t• This form has been preapproved as to Grantee Attorney form and legality by Suzanne B. Clifton A. McClelland, -Jr. Brantley, Assistant General Counsel, on July 24, 1995, for use for one year. DEP 42-058 Revised 07-24-95 Page 11 of 11