BIKE TRAIL - FOOTBRIDGE AND OTHER RELATED SUPPORT FACILITIES
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F9137 elF L)g:),/'-:;
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this
Sep!ernbe(, 19Q8, by and between the state of Florida, DEPARTMENT
of Environmental Protection, hereinafter called the DEPARTMENT, and
JJnd day
of
the City of Clearwater, 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
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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 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 East-West Recreation
Path (Florida Recreation Development Assistance Program, FRDAP Project
Number F99137), 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 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: Bike Trail, Footbridge and Other Related
Support Facilities.
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:
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DEPARTMENT Amount $ 100,000 50%
GRANTEE Match $ 100,000 50%
Type of Match Cash and/or In-Kind Services
The PROJECT reimbursement request 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 payment request, review 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 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 Division of Recreation
and Parks' Grant and Contract Accountability Procedure, hereinafter
called the PROCEDURE, 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
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procedures. Expenses representing the PROJECT costs, including
required matching contribution, shall be reported to the DEPARTMENT
and summarized on certification forms provided in the PROCEDURE. The
PROCEDURE establishes uniform guidelines to be utilized by the
DEPARTMENT and the GRANTEE in accounting for PROJECT 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. PROJECT 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 PROJECT funds by the DEPARTMENT for any
obligation or expenditure made prior to the execution of this
Agreement with the exception of $ 0 , for: N/A
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9. This Agreement shall become effective upon execution and
complete construction of all PROJECT elements on or
before be extended by
the DEPARTMENT for good cause at the written request of the GRANTEE
and must be made prior to PROJECT completion date.
10. 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 requests
prior to payment. The GRANTEE'S Liaison Agent, as identified in the
PROJECT application, or successor, shall act on behalf of the GRANTEE
relative to the provisions of this 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 pre-audit 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 and agents.
However, nothing contained herein shall constitute a waiver by either
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party of its sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
13. The GRANTEE shall comply with all federal, state and
local rules and regulations in developing this PROJECT. The GRANTEE
acknowledges that this requirement includes compliance with all
federal, state and local health and safety rules and regulations. The
GRANTEE further agrees to ensure that the GRANTEE's contract will
include this provision in all subcontracts issued as a result of this
Agreement.
14. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any reasonable
time.
15. 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 this Agreement pursuant to the provisions of Chapter
119, Florida Statutes.
16. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT for non-compliance by the GRANTEE
with this 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.
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17. The DEPARTMENT shall also have the right to demand a
refund, either in whole or part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the terms of this Agreement. The
GRANTEE, upon notification from the DEPARTMENT, agrees to refund, and
will forthwith pay to the DEPARTMENT, the amount of money demanded by
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.
18. The State of Florida's performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by the
Florida Legislature.
19. Reimbursement of eligible travel expenses shall be
subject to the requirements of Section 112.061, Florida Statutes.
20. 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.
21. 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.
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22. 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.
23. 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 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 FRDAP 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
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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 FRDAP funds with
applicable interest.
24. The employment of unauthorized aliens by any GRANTEE is
considered a violation of Section 274A(e) of the Immigration and
Nationality Act. If the GRANTEE knowingly employs unauthorized
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 issued 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, shall be excluded
from participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this
Agreement.
26. This Agreement strictly prohibits the expenditure of
FRDAP funds for the purpose of lobbying the Florida Legislature, the
judicial branch, or a state agency.
27. 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:
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(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; or
(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 this Agreement; 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 this
Agreement.
28. Pursuant to Section 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
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 is given fifteen (15) days to
issue a warrant. Days are calculated from the latter date the invoice
is received or services received, inspected, and approved. Invoice
payment requirements do not start until a proper and correct invoice
has been received. Invoices which have to be returned to the GRANTEE
for correction(s) will result in a delay in the payment. A Vendor
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Ombudsman has been established within the Florida DEPARTMENT of
Banking and 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 Section 215.422, Florida Statutes,
the DEPARTMENT shall pay the GRANTEE, interest at a rate as
established by Section 55.03(1), Florida Statutes, on the unpaid
balance, if a warrant in 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 of less than $1
will not be enforced unless the GRANTEE requests payment. The
interest rate established pursuant to Section 55.03(1), Florida
Statutes, by Comptroller's Memorandum No.3 (1997-98) dated December
3, 1997, has been set at 10.0% per annum or .02740% per day. The
revised interest rate for each calendar year beyond 1998 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 telephone
number provided above or the DEPARTMENT's Contracts Section at
850/922-5942.
30. A person or affiliate who has 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 a contract with any public entity,
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and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, or
Category Two, for a period of 36 months from the date of being placed
on the convicted vendor list.
31. In addition, a copy of the audit or attestation as
required in paragraph 27, shall be submitted to the DEPARTMENT within
one (1) year from the PROJECT completion date as set forth 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
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, 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.
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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
OF ENVIRONMENTAL PROTECTION
CITY OF CLEARWATER
BY:.~~t ~~
D1Vl n Dl ec or or e
Division of Recreation and Parks
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Michael J. Roberto
Ti tle: City Manager
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Flori 32399-3000
o
Address:
Post Office Box 4748
Clearwater, FL ~
3375$'
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Paige Hammond,
Assistant General Counsel, on
May 27, 1998, for use for one year.
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Grantee Attorney
.C>
Attest:
DEP 42-058
Revised 05-30-98
UL~2. !~
Citi Clerk ~
STATE DF FLORIDA COUNTY OF Leon
[,tile ulU:lersigned a2ritr, hereby certify that the for.egoing is a t.rue and correct copy of the instrument:
presented to ~e by ~ ~ as the original of such instrument.
WITNESS ~y hand and official seal, this ~;>
day of jl/~ A.D., 1990.
Notar~iL{h(
State of Florida
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