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NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM 1997-98 LAKE CHAUTAUQUA TRAIL ~ I I T98007 (NRTFP Project Number) T9807 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM FISCAL YEAR 1997-1998 MIXED-USE PROJECT GRANT AGREEMENT rJ 'J..."!' ~ This Project Agreement is entered into on this 0( ...J day of SQ ,,*e'O'-'oQl\. , 199B, by and between the Florida Department of Environmental Protection, (hereinafter referred to as "Department"), and the City of Clearwater, (hereinafter referred to as "Grantee"), in furtherance of an approved mixed-use recreational trail Project. WHEREAS, the Department is given the authority in Section 370.023, Florida Statutes to receive funds for the purpose of passing through the agency as grants to other entities. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be performed pursuant to the Department's Interim Policies for Implementation of the National Recreational Trails Fund Act (hereinafter referred to as "Interim Policies") attached hereto as Attachment A and by reference made a part hereof, the National Recreational Trails Fund Act of 1991, (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 Florida Department of Transportation's Project Development & Environment Manual, (hereinafter referred to as the "FDOT PD&E Page 1 of 13 /J,~ " C /' ' , J ~, : I ' ~/ l ~, I , , , " , , '" I I Manual"). The Grantee must 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 23 CFR Part 771, and the Federal-Aid Policy Guide. The Grantee agrees to become familiar with and comply with all provisions of the Interim Policies and the FOOT PD&E Manual, which is utilized to comply with many of the aforementioned rules and regulations. The Interim Policies and FOOT PD&E Manual are incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the FOOT PD&E Manual to the extent that said FOOT PD&E Manual is not inconsistent with the Interim Policies, in which case the Interim Policies shall govern. No construction 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 Page 2 of 13 " " 1 I , , 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. The Grantee further agrees to cooperate with the Department in all aspects of compliance with all laws applicable to use of Program funds. 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 mixed-use recreational trail is the primary purpose of the Project known as Lake Chautauqua Trail, NRTFP Project Number T98007, (hereinafter referred to as "Project"), and enters into this Project Agreement with the Grantee for development 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. The Project application is incorporated into this Project Agreement by reference as if fully set forth herein. 4. Prior to commencement of the Project, the Grantee shall submit for Department approval the documentation described in the FDOT PD&E Manual. The Project may not commence until completion of the Project Development & Environment Process and a Categorical Exclusion is given by FHWA and the environmental documentation process is accepted by the Department and approved by FHWA. Page 3 of 13 I , I I 5. The Grantee will construct, or cause the construction of specified recreational trail facilities and improvements, (hereinafter referred to as "Project Elements"), upon the real property identified in Paragraph 3 herein. The following shall be considered the Project Elements, which may be modified by the Department upon a showing of good cause: recreational trail, benches, signage, drinking fountain and related support facilities. 6. The Project Elements identified in Paragraph 5 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the grant application. Project site facilities shall be attractive for public use, and generally consistent and compatible with the environment. Plans and specifications for Project site improvements and facilities shall be in accord with current and established engineering and architectural 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. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the Project shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer. 7. The Grantee shall complete all Project construction by the construction completion date, August 31,2000. 8. Within sixty (60) 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 the Interim Policies. Page 4 of 13 I I 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 or leases which are required by the Department or any federal, state, county or municipal agency for acquisition or development of the Project site. 10. The Department shall transfer, on a reimbursement basis to the Grantee, the eligible grantee amount not to exceed $50, oeowhich will pay said Program's share of the cost of the Project. Program fund limits are based upon the following: Total Grantee Amount $ 50, 000 Grantee Match Amount $50 , 000 Total Project Cost $ 100.,000 Type of Match cash and/or in-kind services Program funds may be released at the discretion of the Department, upon the request of the Grantee's duly authorized Liaison Agent. Project reimbursement requests shall include all documentation required by the Department for a proper pre-audit and post- audit review. The Department's Contract 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. The Department shall retain $ 5 , 000 of the Total Grantee Amount as the final payment until completion and approval of the Project. Reimbursement of eligible travel expenses shall be subject to the requirements of Section 112.061, Florida Statutes. Page 5 of 13 .. ' 0' ' I I 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: none. 12. The Grantee shall adhere to the Division of Recreation and Parks' Grant Accountability Procedures (hereinafter referred to as "Accountability Procedures"), incorporated into this Project Agreement by reference as if fully set forth herein. The Accountability Procedures establishes 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 required match, shall be reported to the Department and summarized on certification forms provided by the Department. The Grantee shall retain all records supporting Project costs for three (3) years after the fiscal year in which the final Program payment was released by the Department except that such records shall be retained by the Grantee 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 and other authorized governmental agencies shall have the right to audit such records throughout the retention period described above. 13. This Project Agreement may be canceled by the Department without prior notice 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 and subject to the provision of Chapter 119, Florida Statutes. Page 6 of 13 .' . I I 14. 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 Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable laws. 15. This Project Agreement strictly prohibits the expenditure of Program funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. All moneys expended by the Grantee for purposes contained herein shall be subject to pre-audit review and approval by the Comptroller of Florida in accordance with Section 17.03, Florida Statutes. Supporting documentation for expenditures shall be provided by the Grantee in accordance with the Accountability Procedures. 16. 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 facilities thereon at any reasonable time. 17. Following receipt of an audit report identifying any refund due the Department for noncompliance by the Grantee with said Project Agreement, the Grantee will be allowed sixty (60) days to submit additional pertinent documentation to offset any 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 refund due the Department. Page 7 of 13 .. ' I I 18. The Department shall have the right to demand a refund, either in whole or part, of the funds provided to the Grantee for noncompliance with the terms of this Project Agreement. 19. 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 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. 20. Alexandra H. Weiss, Community Assistance Consultant, or her successor, is hereby designated as the Department's Contract Manager for the purpose of this Project Agreement. The Contract Manager shall be responsible for ensuring performance of the terms and conditions of the Project Agreement and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent shall act on behalf of the Grantee relative to provisions of this Project Agreement and shall submit to the Department signed quarterly Project status reports, on a calendar basis, summarizing work accomplished, problems encountered, percentage of completion and other pertinent information. Photographs shall be submitted with status reports, when appropriate, to reflect construction work accomplished. 21. By acceptance of the provisions of this Project Agreement, the Grantee does hereby dedicate the Project site and all land within the Project boundaries, identified in Paragraph 3 herein, to the public in perpetuity as a recreational trail. The Grantee further Page 8 of 13 ,- , J i agrees 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. 22. The Grantee agrees to operate and maintain the Project site in perpetuity and to operate and maintain Project assisted facilities developed thereon at its own expense for a minimum period of twenty-five (25) years. The Project site, Project related facilities and any future recreational trail facilities developed on the Project site 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 said Project related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 5 herein. 23. The Grantee shall not, for any reason, convert all or any portion of the project boundary area for any purpose other than a mixed-use recreational trail without prior approval of the Department and FHWA pursuant to the Department's Interim Policies. 24. When completed, entrance to Program sites and facilities thereon must be uniformly made available on a non-exclusive basis to the general public, 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. Page 9 of 13 I I 25. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768,28, Florida Statutes. 26. 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, within one year of project completion: (a) If the amounts received exceed $100,000.00, 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 $25,000.00, but do not exceed $100,000.00, 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 this Project Agreement; or (c) If the amounts received do not exceed $25,000,001 have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Project Agreement. (d) Copies of the required statement or audit, as applicable, shall be sent to each ofthe following within thirteen (13) months after the completion of the Grantee's fiscal year in which the Project was completed. Page 10 of 13 I I - Alexandra H, Weiss (MS585) Bureau of Design and Recreation Services Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 - Audit Director (MS40) Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 - Audit Manager Office of the Auditor General Post Office Box 1735 Tallahassee, Florida 32302 27. If The Grantee is subject to the provisions of Office of Management and Budget (OMB) Circular #A-133, then the Grantee shall furnish a copy of the required independent financial and compliance audit to the Department within 30 days after furnishing the original audit to OMB, 28. In accordance with Section 216,347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 29. 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 wihtin the scope of their employment with the Grantee. 30. 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 covenants, agreements or stipulations of this Project Agreement, the Department shall Page 11 of 13 I ," I I thereafter have the right to terminate this Project Agreement without prior notice. In the event the Department so terminates this Project Agreement, the Department is not required to compensate the Grantee for any expenses incurred. 31. Asphalt paving for the Project shall conform to the FOOT'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. 32. The Grantee and the Department mutually agree to the following special terms and conditions incorporated by reference as part of this Project Agreement as if fully set forth herein: none, 33. This Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable 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. 34. 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. Page 12 of 13 . , . . ~ I IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director, Division of Recre and Parks, or designee CITY OF CLEARWATER BY:) Type Name: Michael J. Roberto Title: City Manager ~Q~1-J.~ pC EP ontract anager Address: Post Office Box 4748 Clearwater, Florida 34618-4748 '33796 Approved as to Form and Legality: Agreement has been pre-approved as to form and legality by N, Paige Hammond, Assistant General Counsel, on March 27, 1998, for use for one year. ~------ ~ ~ ~ - - Grantee Attorney Attest: ~ . -~, J1 ,~L-t<. . ~~ C C erk Page 13 of 13 .