HomeMy Public PortalAbout2013-28 Approving Grant Agreement between the Florida Department of Environmental Protection and VKBRESOLUTION NO. 2013-28
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
GRANT AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
THE VILLAGE FOR IMPROVEMENTS TO THE VILLAGE
GREEN; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Key Biscayne (the "Village") desires to
develop the project known as Village Green Improvements; and
WHEREAS, the Florida Department of Environmental Protection has allocated funds for
this project under the Florida Recreation for Development Assistance Program (FRDAP); and
WHEREAS, the Village Council finds that the approval of the Agreement between the
Florida Department of Environmental Protection and the Village (the "Agreement"), attached as
Exhibit "A," is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Authorization. That the Agreement is hereby approved and the Village
Manager is hereby authorized to execute the attached Agreement, in substantially the form attached
hereto as Exhibit "A," subject to approval as to form, content, and legal sufficiency by the Village
Attorney.
Section 3. Implementation. That the Village Manager is authorized to take all action
necessary to implement the purposes of this Resolution and the Agreement.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 27th day of August
ATT
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIE
VILLAGE ATTOR Y
2
R FRANKLIN t CAPLAN
99
DEP Agreement No. A4235
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2013-2014) — DEVELOPMENT
This PROJECT AGREEMENT is made and entered into this ' day of
, 2013, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the VILLAGE
OF KEY BISCAYNE, hereinafter called the GRANTEE, a local government, in furtherance of an
approved public outdoor recreation project. In consideration of the mutual covenants contained
herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section 375.075,
Florida Statutes: and chapter 62D-5, Part V, Florida Administrative Code, effective
August 15, 2004, hereinafter called the RULE. The GRANTEE shall become familiar
with and comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT
and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall
apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of
the project known as Village Green (Florida Recreation Development Assistance
Program (FRDAP), FRDAP Project Number A14235), hereinafter called the PROJECT,
and enters into this PROJECT AGREEMENT with the GRANTEE for the development of
that real property, the legal description of which shall be submitted to the
DEPARTMENT as described in the Florida Recreation Development Assistance
Program Development Commencement Documentation Checklist, DEP Form FPS -
A034.
3. All forms referenced in this PROJECT AGREEMENT may be found at
www.dep.state.fl.uslparks/oirs. Further, the GRANTEE will also receive all applicable
forms for administration of the PROJECT with GRANTEE'S copy of the fully executed
PROJECT AGREEMENT.
4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor
recreation facilities and improvements consisting of the following PROJECT
ELEMENTS: Sports Field lighting and other related support facilities, as identified
in the GRANTEE'S approved Grant Application and Attachment 1, PROJECT Work
DEP Agreement No. A4235, Page 1 of 14
DEP 55-231 (06/13)
Plan, attached hereto and made a part hereof. These PROJECT ELEMENTS may be
modified by the DEPARTMENT if the GRANTEE shows good cause and the
DEPARTMENT approves the modification. Any revisions to the PROJECT ELEMENTS
as set forth in the approved Project Application and Attachment 1 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. PROJECT planning expenses cannot exceed 15% of the PROJECT
cost to be eligible for reimbursement.
5. The DEPARTMENT shall compensate the GRANTEE, on a reimbursement basis, funds
not to exceed $ 50,000.00, which will pay the DEPARTMENT'S share of the cost of the
PROJECT ELEMENTS as set out in Attachment 1. The total amount of DEPARTMENT
funding is based upon the following:
DEPARTMENT Amount: $ 50,000.00 100%
GRANTEE Match: 0
Type of Match: N/A
If the total cost of the PROJECT exceeds the grant amount and the required match, the
GRANTEE must pay the excess cost.
6. The GRANTEE shall submit invoices upon the completion of all Work Elements in
Attachment 1 and submission of all deliverables. Each PROJECT reimbursement
request shall include all documentation required by the DEPARTMENT for a proper pre -
audit and post -audit review. Within sixty (60) days after receipt of the final
reimbursement request, the DEPARTMENT'S Grant Manager shall review the
Completion Documentation Checklist and reimbursement request from the GRANTEE
for the PROJECT. If the documentation is sufficient and meets the requirements of the
Florida Recreation Development Assistance Program, Completion Documentation
Checklist, DEP Form FPS -A036, referenced in s. 62D -5.058(7)(d) of the RULE, the
DEPARTMENT will approve the request for final PROJECT payment. The final
PROJECT payment will not be processed until the match requirement has been met.
7. In addition to the invoicing requirements contained in the paragraph above, the
DEPARTMENT will periodically request proof of a transaction (such as invoice or payroll
register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT
pursuant to State guidelines (including cost allocation guidelines). When requested, this
information must be provided within thirty (30) calendar days of the date 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). State guidelines for allowable costs can be found in the
Department of Financial Services' Reference Guide for State Expenditures at
http://www.fldfs.com/aadir/reference%5Fquide, which the GRANTEE shall follow.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Financial
Reporting Procedures, formerly known as the Grant and Contract Accountability
Procedure, hereinafter called the PROCEDURE, incorporated into this PROJECT
AGREEMENT by reference as if fully set forth herein. A copy of this PROCEDURE has
been provided with this PROJECT AGREEMENT and may also be found at
http://www.dep.state.fl.us/parks/oirs. All purchases of goods and services for
DEP Agreement No. A4235, Page 2 of 14
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accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S
procurement procedures. Expenses representing the PROJECT costs, including the
required matching contribution, shall be reported to the DEPARTMENT and summarized
on certification forms provided in the PROCEDURE. The DEPARTMENT and
GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP funds
disbursed for the PROJECT. The parties further agree that the principles for determining
the eligible costs, supporting documentation and minimum reporting requirements of the
PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the
GRANTEE'S eligible wages and salaries.
10. It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may
be reduced should the Governor's Office declare a revenue shortfall and assess a
mandatory reserve. Should a shortfall be declared, the amount of this PROJECT
AGREEMENT may be reduced by the amount deemed appropriate by the
DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this PROJECT
AGREEMENT is contingent upon an annual appropriation by the Legislature. The
GRANTEE understands that this PROJECT AGREEMENT is not a commitment of
future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre -audit review and approval by the State of Florida Chief Financial Officer
in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Pre -agreement Expenses (as defined
in s. 62D-5.054(34) of the RULE) incurred by the GRANTEE prior to execution of this
PROJECT AGREEMENT in accordance with 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 to the execution of this PROJECT AGREEMENT with the exception of those
expenditures which meet the requirements of the foregoing sections of the RULE.
Pre -agreement Expenses Approved:
Description of Work Performed
Amount Approved
0
Total Pre -agreement Expenses Approved:
0
14. Prior to commencement of PROJECT development, the GRANTEE shall submit the
documentation required by the Florida Recreation Development Assistance Program,
Commencement Documentation Checklist, DEP Form FPS -A034, referenced in s. 62D -
5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the
documentation complies with the RULE, the DEPARTMENT will give written notice to
GRANTEE to commence the development.
DEP Agreement No. A4235, Page 3 of 14
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15. The GRANTEE shall obtain all required local, state and federal permits and approvals
prior to completion of the PROJECT construction and shall certify that it has done so to
the DEPARTMENT by completing the Project Completion Certification, DEP Form
FPS -A037, referenced in s. 62D -5.058(7)(d) of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution by both parties
and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or
before (hereinafter referred to as the PROJECT completion date). All
payment requests and completion documentation shall be due to the DEPARTMENT
within thirty (30) days of construction completion.
17. Project completion means the PROJECT is open and available for use by the public.
PROJECT must be designated complete prior to release of the final PROJECT
payment. See Rule 62D-5.054(41). Ten percent (10%) of the total grant amount will be
held until Completion Documents have been received and approved by the
DEPARTMENT.
18. 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, including the PROCEDURE. 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 or resolution of any dispute
arising under this PROJECT AGREEMENT. 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.
19. A. In addition to the requirements of the preceding paragraph, the GRANTEE shall
comply with the applicable provisions contained in Attachment 2, Special Audit
Requirements, attached hereto and made a part hereof. Exhibit 1 to
Attachment 2 summarizes the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 2. 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 to request a copy of
the updated information.
B. 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 PROJECT AGREEMENT. The GRANTEE shall consider the type
of financial assistance (federal and/or state) identified in Attachment 2, Exhibit
1 when making its determination. For federal financial assistance, the
GRANTEE shall utilize the guidance provided under OMB Circular A-133,
Subpart 8, Section .210 for determining whether the relationship represents
that of a subrecipient or vendor. For state financial assistance, the GRANTEE
shall 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:
DEP Agreement No. A4235, Page 4 of 14
DEP 55-231 (06/13)
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.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT AGREEMENT,
the GRANTEE will be allowed a maximum of thirty (30) days to submit additional
pertinent documentation to offset the 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 final reimbursement due
the DEPARTMENT.
21. The GRANTEE, as an independent contractor and not an agent, representative, or
employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate
forms of insurance. If the GRANTEE is self -funded for liability insurance, as appropriate
and allowable under Florida law, then the GRANTEE warrants and represents 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. The DEPARTMENT shall have no liability except as specifically provided in
this PROJECT AGREEMENT.
22. 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 its employees connected with the work of this PROJECT and, in
case any work is subcontracted, the GRANTEE shall require the subcontractor to
provide Workers' Compensation Insurance for all of the subcontractor'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 its
employees not otherwise protected.
23. The GRANTEE covenants that it presently has no interest and shall not acquire any
interest which would conflict in any manner or degree with the performance of services
required.
24. The purchase of non -expendable equipment is not authorized under the terms of this
PROJECT AGREEMENT.
25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT'S Grant Manager,
or successor, shall be responsible for ensuring performance of its terms and conditions
and shall approve all reimbursement requests prior to payment. The GRANTEE'S Grant
Manager, identified in paragraph 26, or successor, shall act on behalf of the GRANTEE
relative to the provisions of this PROJECT AGREEMENT. The GRANTEE shall submit
to the DEPARTMENT signed Project Status Reports on January 5th, may 5th, and
September 5th of each year of the PROJECT AGREEMENT summarizing the work
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accomplished, problems encountered, percentage of completion, and other information
which may be requested by the DEPARTMENT. Photographs to reflect the construction
work accomplished shall be submitted when the DEPARTMENT requests them.
26. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient
if delivered or sent in writing by regular U.S. mail or electronic mail to the parties at the
following addresses:
GRANTEE'S Grant Manager DEPARTMENT'S Grant Manager
Mr. Todd Hofferberth
Parks and Recreation Director
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
thofferberth(a keybiscayne.fl.gov
Mary Ann Lee
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
Mary.ann.lee(a7dep.state.fl.us
Any changes to the above contact information must be noticed in writing to the other
party within ten (10) calendar days of the change.
27. The GRANTEE must erect a permanent information sign on the PROJECT site which
credits PROJECT funding or a portion thereof, to the Florida Department of
Environmental Protection and the Florida Recreation Development Assistance Program.
The sign must be made of appropriate materials, which will be durable for a minimum of
twenty-five (25) years after the PROJECT is complete. The sign must be installed on
the PROJECT site and approved by the DEPARTMENT before the final PROJECT
reimbursement request is processed.
28. The DEPARTMENT has the right to inspect the PROJECT and any and all records
related thereto at any reasonable time.
29. This PROJECT AGREEMENT may be terminated prior to the expiration date as follows:
A. If for any reason the GRANTEE should fail to perform in a timely manner the
obligations under this PROJECT AGREEMENT, or if the GRANTEE should
violate any of the federal, state, or local laws pertinent to the FRDAP Program or
otherwise, or violate any of the terms and conditions of this PROJECT
AGREEMENT, the DEPARTMENT shall thereafter have the right to terminate
this PROJECT AGREEMENT with prior notice. In the notice, the DEPARTMENT
shall set the effective date of the termination, which may be upon receipt. The
DEPARTMENT may, in its sole discretion, provide the GRANTEE an opportunity
to cure the violations. If the GRANTEE does not cure or obtain an extension of
time within the time period stated in the notice, this PROJECT AGREEMENT
shall automatically terminate on the date indicated in the DEPARTMENT'S
notice. In the event the DEPARTMENT terminates this PROJECT
AGREEMENT for any of these reasons, the DEPARTMENT is not required to
compensate the GRANTEE for any expenses incurred before or after such
termination.
DEP Agreement No. A4235, Page 6 of 14
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The DEPARTMENT may terminate this PROJECT AGREEMENT for
convenience by providing the GRANTEE with thirty (30) calendar days written
notice. The GRANTEE shall not incur new obligations for the PROJECT after the
notice is received and shall cancel as many outstanding obligations as possible.
The notice shall set out the procedures for proper closeout of the PROJECT
AGREEMENT.
C. This PROJECT AGREEMENT may be unilaterally cancelled 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 1 of the Florida Constitution and section 119.07(1),
Florida Statutes.
D. If no reimbursements have been made and GRANTEE wishes to withdraw the
Project, the parties hereto may agree to terminate this PROJECT AGREEMENT
for convenience as evidenced by written notice from the DEPARTMENT to the
GRANTEE. The GRANTEE shall counter -sign the notice and the PROJECT
AGREEMENT shall terminate on the date of GRANTEE'S counter -signature.
30. No reimbursement will be made for unsatisfactory deliverables. in the event that the
DEPARTMENT'S Grant Manager deems a deliverable unsatisfactory, The GRANTEE
shall re -perform the services needed for submittal of a satisfactory deliverable, at no
additional cost to the DEPARTMENT. The DEPARTMENT shall notify the GRANTEE of
an unsatisfactory deliverable by written notice and the GRANTEE shall resubmit the
deliverable within ten (10) calendar days. If a satisfactory deliverable is not submitted
within the ten (10) calendar day period, the DEPARTMENT may, in its sole discretion,
either: 1) terminate this PROJECT AGREEMENT for failure to perform, or 2) specify in
writing the failure of performance under this PROJECT AGREEMENT and request that
a proposed Corrective Action Plan (CAP) be submitted by the GRANTEE to the
DEPARTMENT.
A. A CAP shall be submitted within ten (10) calendar days of the date of the written
request from the DEPARTMENT. The CAP shall be sent to the
DEPARTMENT'S Grant Manager for review and approval. Within ten (10)
calendar days of receipt of a CAP, the DEPARTMENT shall notify the Grantee,
in writing, whether the CAP proposed has been accepted. If the CAP is not
accepted, the Grantee shall have ten (10) calendar days from receipt of the
DEPARTMENT'S rejection of the proposed CAP to submit a revised proposed
CAP. If the DEPARTMENT rejects the revised proposed CAP, the GRANTEE
shall be entitled to no further revision of the proposed CAP and the
DEPARTMENT may terminate this PROJECT AGREEMENT for failure to
perform.
B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP, the
Grantee shall have ten (10) calendar days to commence implementation of the
accepted plan. Acceptance of the proposed CAP by the DEPARTMENT does
not relieve the GRANTEE of any of its obligations under this PROJECT
AGREEMENT. In the event the approved CAP fails to correct or eliminate
performance deficiencies by the Grantee, the DEPARTMENT shall retain the
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right to require additional or further remedial steps, or to terminate this
PROJECT AGREEMENT for failure to perform. No actions approved by the
DEPARTMENT or steps taken by the Grantee shall serve to estop the
DEPARTMENT from subsequently asserting any deficiencies in performance.
The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be provided to the
DEPARTMENT as requested by the DEPARTMENT'S Grant Manager. If a
satisfactory deliverable is not submitted within the timeframe specified in the
approved CAP, the DEPARTMENT may, in its sole discretion, terminate this
PROJECT AGREEMENT for failure of the GRANTEE to perform. The approved
CAP shall be hereby incorporated into this PROJECT AGREEMENT by this
reference and upon the DEPARTMENT'S approval.
C. Failure to respond to a DEPARTMENT request for a CAP may result in
termination of this PROJECT AGREEMENT.
The remedies set forth above are not exclusive and the DEPARTMENT reserves the
right to exercise other remedies in addition to or in lieu of those set forth above, as
permitted by this PROJECT AGREEMENT.
31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a
refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for
noncompliance 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 begin the date that the GRANTEE was
informed that a refund was required and continues to accrue until the date the refund
and interest are paid to the DEPARTMENT.
32. The GRANTEE shall comply with all federal, state and local regulations, rules and
ordinances in developing this PROJECT. The GRANTEE acknowledges that this
requirement includes, but is not limited to, compliance with all federal, state and local
health and safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
33. 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 Agreement (for example, if
payment under this Agreement is being made on a cost reimbursement basis,
then the subcontract should also be cost reimbursement). The GRANTEE may
also be required to submit a copy of each executed subcontract to the
DEPARTMENT within ten (10) days after execution. 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
DEP Agreement No. A4235, Page 8 of 14
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liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B . Subcontractors - Payments to subcontractors must be substantiated by copies of
invoices with backup documentation identical to that required from the
GRANTEE. Subcontracts which involve payments for direct salaries shall clearly
identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the DEPARTMENT
determines that multipliers charged by any subcontractor exceeded the rates
supported by audit, the GRANTEE shall be required to reimburse such funds to
the DEPARTMENT within thirty calendar (30) days of written notification.
Interest on the excessive charges shall be calculated based on the prevailing
rate used by the State Board of Administration. Additionally, independent of the
GRANTEE'S contract obligations to the Subcontractor, the DEPARTMENT shall
not reimburse any of the following types of charges: cell phone usage, attorneys'
fees (other than title work), civil or administrative penalties, handling fees, such
as set percent overages associated with purchasing supplies or equipment. For
fixed price (vendor) subcontracts, the following provisions shall apply:
The GRANTEE may award, on a competitive basis, fixed price
subcontracts to consultants/contractors in performing the work described
in Attachment 1. Invoices submitted to the DEPARTMENT for fixed price
subcontracted activities shall be supported with a copy of the
subcontractor's invoice and a copy of the tabulation form for the
competitive procurement process (Invitation to Bid or Request for
Proposals) resulting in the fixed price subcontract.
ii. The GRANTEE may request approval from the DEPARTMENT to award
a fixed price subcontract resulting from procurement methods other than
those identified in the paragraph above. In this instance, the GRANTEE
shall request the advance written approval from the DEPARTMENT'S
Grant Manager of the fixed price negotiated by the GRANTEE. The letter
of request shall be supported by a detailed budget and Scope of Services
to be performed by the subcontractor. Upon receipt of the
DEPARTMENT Grant Manager's approval of the fixed price amount, the
GRANTEE may proceed in finalizing the fixed price subcontract.
iii. All subcontracts are subject to the provisions of paragraph 33 and any
other appropriate provisions of this PROJECT AGREEMENT which affect
subcontracting activities.
34. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall
be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use
and benefit of the public as stated in section 62D-5.059(1) of the RULE. Land under
control other than by ownership of the GRANTEE, such as by lease, shall be dedicated
as an outdoor recreation area for the use and benefit of the public for a minimum period
of twenty-five (25) years from the completion date set forth in the PROJECT completion
certificate. All dedications must be recorded in the county property records by the
owner, or by the GRANTEE if the owner has given GRANTEE authority to do so. Such
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PROJECT shall be open at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
35. In the event of conflict in the provisions of the RULE, the PROJECT AGREEMENT and
the Project Application, the provisions of the RULE shall have control over this
PROJECT AGREEMENT and this PROJECT AGREEMENT shall have control over the
Project Application documents.
36. If the DEPARTMENT determines that site control is not sufficient under the RULE, or
has been compromised, the DEPARTMENT shall give the GRANTEE a notice in writing
and a reasonable time to bring the site control into compliance with the RULE. If the
deficiency is not corrected within the time specified in the notice, the DEPARTMENT
shall terminate this PROJECT AGREEMENT and GRANTEE shall be responsible to
reimburse the DEPARTMENT for grant funds expended, if any. Refusal or failure to
reimburse the funds shall result in the GRANTEE remaining out of compliance and
thereby ineligible for further grant funding.
37. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
38. A. No person on the grounds of race, creed, color, national origin, age, sex, marital
status 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 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 Florida Department of
Management Services is responsible for maintaining the discriminatory vendor
list which may be found at
http://dms.myflorida.com/business operations/state purchasing/vendor informat
ion/convicted suspended discriminatory complaints vendor lists/discriminatory
vendor list. Questions regarding the discriminatory vendor list may be directed
to the Florida Department of Management Services, Office of Supplier Diversity
at (850) 487-0915.
39. A. The accounting systems for all GRANTEES must ensure that these funds are
not commingled with funds from other agencies. Funds from each agency must
be accounted for separately. GRANTEES are 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 a 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.
DEP Agreement No. A4235, Page 10 of 14
DEP 55-231 (06/13)
B. 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.
D. The GRANTEE shall include this provision in all subcontracts it enters into for the
performance of work under this PROJECT AGREEMENT.
40. 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.
41. The 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 Florida law, but if any provision of this PROJECT AGREEMENT
shall be prohibited or invalid under applicable Florida 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 prohibited by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party upon
breach or default by either party under this PROJECT AGREEMENT shall impair any
such right, power or remedy of either party; nor shall such delay or failure be construed
as a waiver of any such breach or default, or any similar breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any
rights, privileges or interest to any third party without mutual written agreement of the
parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in
whole or in part without the prior written approval of the DEPARTMENT.
DEP Agreement No. A4235, Page 11 of 14
DEP 55-231 (06/13)
45. 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, in the form of
an Amendment duly executed by each of the parties hereto, and attached to the original
of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. A4235, Page 12 of 14
DEP 55-231 (06/13)
The parties hereto have caused these presents to be duly executed on the day and year
written above.
STATE OF FLORIDA DEPARTMENT OF VILLAGE OF KEY BISCAYNE
ENVIRONMENTAL PROTECTION
By: r li3
By: _._.�.(
Director (or Designee) rPinfed Name: �o _ c, Gil
Office of Operations \Title: vi1' 8e Monti3c"
N
Date
Address:
Office of Operations
Lands and Recreation Grants
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Approved as to Form and Legality:
Date
Address:
88 West McIntyre Street
Key Biscayne, FL 33149
Grantee Attorney
DEP Agreement No. A4235, Page 13 of 14
DEP 55-231 (061113)
List of attachments/exhibits included as part of this PROJECT AGREEMENT:
Specify Letter/
Type Number Description (include number of pages)
Attachment 1 PROJECT Work Plan (--Pages)
Attachment 2 Special Audit Requirements (5 Pages)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. A4235, Page 14 of 14
DEP 55-231 (06/13)
ATTACHMENT 1 to PROJECT AGREEMENT
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
DEVELOPMENT
PROJECT WORK PLAN
Project Name: Village Green Park
Grantee Name: Village of Key Biscayne
Please list each project element along with its objective and estimated budget amount:
Project Element(s): $50,000.00, Multi -purpose Field Sports Lighting (Football, Soccer, Lacrosse, Baseball)
The project reimbursement is limited to one (1) invoice upon completion of all Project Elements shown
above and submittal of all required documentation identified in the table below. Any changes to the
Project Elements will require an amendment to this Agreement.
Commencement Documentation required prior to Reimbursement Request
ELEMENTS/WORK
TO BE
COMPLETED
ELEMENT
BUDGET
AMOUNT FOR
REIMBURSEMENT
MATCH AMOUNT
TO BE CLAIMED
DOCUMENTATION/DELIVERABLES
TO BE SUBMITTED UPON
COMPLETION BEFORE
REIMBURSEMENT CAN BE
APPROVED
Sports Field
Lighting
Project Completion Certification
Final as -built site plan
Florida Recreation and Parks Inventory
Form
Color Photographs of Project
Notice of Limitation of Use
Boundary Survey
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Performance Standard: Approval of deliverables is based upon review for compliance with the requirements for funding
under the Florida Recreation Development Assistance Program grant; approved plans and application approved for
funding.
DEP Agreement No. A4235, Attachment 1, Page 1 of 2
INSTRUCTIONS FOR COMPLETING PROTECT WORK PLAN:
ELEMENTS/WORK TO BE COMPLETED: Identify ALL elements that will be completed under this
Agreement.
ELEMENT BUDGET AMOUNT FOR REIMBURSEMENT: Must provide a budget for each element
and identify the expense category and budget detail. Provide description of the costs as follows: Salaries:
identify the position title/hourly rate/# of hours to complete the deliverable; Fringe benefits: identify the % used to
calculate the fringe benefits; Contractual Services: identify what service will be paid for under the contract for
services; Equipment: the purchase of equipment is not allowed under this Agreement, the rental of equipment is the
only costs allowed that are associated with equipment; Supplies and Materials: identify what supplies/materials
will be purchased; Other costs: identify what other costs are being requested (such as printing costs, other costs that
do not fit into the other established cost categories (salaries, fringe benefits, equipment, supplies, indirect,
contractual services); Indirect Costs: identify the percentage that is used for the indirect being claimed for
reimbursement (cannot exceed 15% unless prior approval has been obtained by the Department)..
MATCH AMOUNT TO BE CLAIMED: The same level of detail must be provided for match as for
reimbursement.
DOCUMENTATION/DELIVERABLES TO BE SUBMITTED UPON COMPLETION: All of these
deliverables must be submitted before final reimbursement can be processed.
Completion Documentation required prior to Reimbursement
DEP Agreement No. A4235, Attachment 1, Page 2 of 2