2014-28 Recreational Trails Program Grant FundsRESOLUTION 2014 -28
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A PROJECT
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR THE RECEIPT OF $77,500 IN
MATCHING RECREATIONAL TRAILS PROGRAM GRANT FUNDS FOR
THE ANCHORAGE PARK IMPROVEMENTS PROJECT AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village and the State of Florida Department of Environmental Protection ( "DEP ")
Recreational Trails Program seek to enter into a Project Agreement whereby DEP will provide
the Village with $77,500 in matching grant funds for the Anchorage Park Improvements Project
(multi -use hard surface trails); and
WHEREAS, the Village Council determines that approval of the Project Agreement benefits the
health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated herein.
Section 2. The Village Council hereby approves the Project Agreement between the Village
and DEP, a copy of which is attached hereto and incorporated herein, and authorizes and directs
the Mayor and Village Clerk to execute the Agreement on behalf of the Village.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 24TH DAY OF APRIL, 2014.
(Village Seal)
MAYOR
ATTEST:
T13029 T1329
(RTP Project Number) (DEP Project Agreement #)
CFDA # 20.219
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
FISCAL YEAR 2013 - 2014
PROJECT AGREEMENT
This project agreement ( "Project Agreement ") is entered into between the State of
Florida Department of Environmental Protection, whose address is 3900 Commonwealth
Boulevard, Mail Station 595, Tallahassee, Florida, 32399 (hereinafter referred to as the
"Department "), and the Village of North Palm Beach, Florida, whose address is 501 US
Highway 1, North Palm Beach, Florida 33408 (hereinafter referred to as the "Grantee" or
"Recipient "), in furtherance of a recreational trail project, Anchorage ark to be described
herein. The execution date of this Project Agreement is
WHEREAS, the Department receives funds for the purpose of passing through the
agency as grants to other entities in accordance with Chapter 260.016(1)(g), Florida
Statutes; and,
WHEREAS, the Department receives funds for such grants from the Federal
Highway Administration; and,
WHEREAS, the Grantee has proposed and the Department has approved a
recreational trail project.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Department and Grantee hereby agree as follows:
This Project A reeme shall be effective upon execution of this Project Agreement
and end on �, which shall be no later than two (2) years from
the effective date of this Agreement, inclusive. The Project Agreement shall be
performed pursuant to Chapter 62S -2, F.A.C.; the National Recreational Trails Fund
Act of 1991, 23 U.S.C. 206, as amended (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 FHWA Interim Guidance (hereinafter
referred to as "Guidance ") and the State of Florida Department of Transportation's
Project Development & Environment Manual, (hereinafter referred to as the "FDOT
PD &E Manual "). The Grantee shall 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, specifically
23 CFR Part 771, and the Federal -Aid Policy Guide referred to in the Guidance.
The Grantee agrees to become familiar with and comply with all provisions of
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DEP Project Agreement No. T1329, Page 1 of 18
,1
Chapter 62S -2, F.A.C. and the Guidance which are utilized to comply with many of
the aforementioned rules and regulations. Chapter 62S -2, F.A.C. and the Guidance
are incorporated into this Project Agreement by reference as if fully set forth herein.
In the event a dispute arises between the parties concerning the intent of any
language contained in this Project Agreement, 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. No construction performed under this Project Agreement 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 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. 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 single -use recreational trail is the primary purpose
of the project known as Anchorage Park, RTP Project Number T13029, (hereinafter
referred to as "Project "), and enters into this Project Agreement with the Grantee for
(Type of Project) 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. Attachment A, Grant Work Plan, attached hereto and made a
part hereof, includes a description of the Project, detailed budget, and deliverables.
Any revisions to Attachment A 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.
4. Prior to commencement of the Project, the Grantee shall submit for Department
approval the documentation described in the FDOT PD &E Manual, as provided in
the PD &E Data Survey. The Project may not commence until completion of the
Project Development & Environment Process, an environmental determination is
made by FHWA, the determination is accepted by the Department and approved by
FHWA, and the Department notifies the Grantee in writing that construction of the
Project may commence by issuance of a Notice to Proceed. The Grantee shall
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DEP Project Agreement No. T1329, Page 2 of 18
M
commence construction within ninety (90) days after the Notice to Proceed is issued
by the Department, unless the Grantee requests an extension in writing for good
cause such as natural disaster, which the Department may accept or reject in its
sole discretion.
5. The Grantee shall construct, or cause the construction of, specified recreational trail
facilities and improvements, (hereinafter referred to as "Project Elements "), upon
the real property identified in the approved Project application. The following shall
be considered the Project Elements, which may be modified by the Department
upon a showing of good cause, and that the spirit and intent of the Project is
maintained: construction of 1,560 linear feet, 10 -foot wide asphalt trail. Any
revisions to the Project Elements 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.
6. The Project Elements identified in Paragraph 5 above shall be designed and
constructed substantially in accordance with the conceptual site development plan
contained in the approved Project application and Attachment A. Project Elements
shall be attractive for public use, and generally consistent and compatible with the
environment. Plans and specifications for Project Elements 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. Any and all utility
lines installed within the Project shall be placed underground. The Grantee shall
have the Project Site plan (site engineering and architectural) prepared by an
architect or engineer licensed by the State of Florida.
7. The Grantee shall complete all Project construction no later than two (2) years from
the effective date of this Project Agreement.
8. Within forty -five (45) calendar 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 Chapter 62S -2, F.A.C. and included in the Program
Completion Packet received by the Grantee.
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, leases or other authorization required by the
Department or any federal, state, county or municipal agency for acquisition or
development of the Project Site.
10. A. As consideration for the services rendered by the Grantee under the terms of
this Project Agreement, the Department shall pay the Grantee on a cost
reimbursement basis in an amount not to exceed $77,500 toward the total
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DEP Project Agreement No. T1329, Page 3 of 18
Project cost described in the approved Project application and Attachment A.
Program fund limits are based upon the following:
Total Grantee Amount $ 77,500 (paid by the Department)
Grantee Match Amount $ 77,500 (paid by the Grantee)
Total Project Cost $155,000
Type of Match Cash and /or In -Kind Services
It is understood that if the total Project cost exceeds the amounts shown
above, it is the Grantee's responsibility to provide the funds necessary to
complete the project.
B. Travel expenses will not be reimbursed under the terms and conditions of
this Project Agreement.
C. The Grantee may submit payment requests upon completion of Project
deliverables as identified in Attachment A. Program funds shall be released
by the Department, upon submittal of a payment request from the Grantee's
duly authorized Grant Manager and upon compliance with this Project
Agreement, as set forth herein. The Department will periodically request
proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to this Project Agreement pursuant to state and
federal guidelines, as appropriate. This information when requested must be
provided within thirty (30) calendar days of such request. All bills for
amounts due under this Project Agreement shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof. State guidelines for
allowable costs can be found in the State of Florida Department of Financial
Services' Reference Guide for State Expenditures at
http: / /www.fldfs.com /aadir /reference %SFguide, allowable costs for Federal
Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR
Part 74, at http: / /www.access.gpo.gov /nara /cfr /cfr- table- search.html and
OMB Circulars A -87 (2 C.F.R., Part 225), A -122 (2 C.F.R., Part 230), A -21 (2
C.F.R., Part 220); and administrative requirements can be found in OMB
Circulars A -102 and A -110 (2 C.F.R., Part 215) at
http: / /www.whitehouse.gov /omb/ circulars /index.htmI #numerical.
D. Contractual (Subcontractors) - Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup
documentation identical to that required from the Grantee. This information,
when requested, shall be provided by Grantee to the Department within thirty
(30) calendar days of such request. 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
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DEP Project Agreement No. T1329, Page 4 of 18
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 (30)
calendar 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, attorney fees, 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:
a. The Grantee may award, on a competitive basis, fixed price
subcontracts to consultants /contractors in performing the work
described in Attachment A. 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.
b. 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.
C. All subcontracts are subject to the provisions of paragraph 17 and any
other appropriate provisions of this Agreement which affect
subcontracting activities.
E. The Grantee must provide from its accounting system, a list of expenditures
charged against this Project Agreement. The listing shall include, at a
minimum, a description of the goods or services purchased, date of the
transaction, voucher number, amount paid and vendor name. Allowable
costs will be determined in accordance with the cost principles applicable to
the organization incurring the costs. The Grantee must also adhere to the
State of Florida Department of Environmental Protection, Office of
Greenways and Trails' Grant Accountability Procedures and Guidance
( "Accountability Procedures ") (reviewed and approved by the Federal
Highway Administration), which are incorporated by reference, and were
included in the commencement documentation. For purposes of this Project
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DEP Project Agreement No. T1329, Page 5 of 18
Agreement, the following federal cost principles are incorporated by
reference.
Organization Type
Applicable Cost Principles
State, local or Indian tribal
OMB Circular A -87
government.
(2 C.F.R., Part 225
Private non - profit organization
OMB Circular A -122
other than an (1) institution of
higher education, (2) hospital, or
(2 C.F.R., Part 230)
(3) organization. named in OMB
Circular A -122 as not subject to
that circular.
Education Institutions
OMB Circular A -21
2 C.F.R., Part 220)
For - profit organization other than a
48 CFR Part 31, Contract Cost
hospital and an organization
Principles and Procedures, or
named in OMB A -122 as not
uniform cost accounting
subject to that circular.
standards that comply with cost
principles acceptable to the
federal agency.
F. The Department's Grant Manager shall, within sixty (60) calendar 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.
G. The Department shall reimburse the Grantee up to ninety percent (90 %) of
the total amount of funding under this Project Agreement. Final payment of
the remaining ten (10) percent will be retained until the Project has been
completed and approved by the Department. Upon completion of the Project
and prior to release of the final payment, the Grantee shall submit all
documentation described in the Recreational Trails Program Project
Completion Documentation Form OGT -13, included in the Program
Completion Packet received by the Grantee. A final payment request must
be submitted to the Department no later than sixty (60) days from the
completion date of the Agreement, to assure the availability of funds for
payment. Each payment request submitted shall document all matching
funds and /or match efforts (i.e. in -kind services) provided during the period
covered by each request. The final payment will not be processed until the
match requirement has been met.
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DEP Project Agreement No. T1329, Page 6 of 18
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 $0.00 for
planning, permitting, or design performed on or after September 12, 2013.
12. Expenses, representing the Grant amount and the required match, shall be reported
to the Department and summarized on certification forms referenced in Chapter
62S -2, F.A.C. 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. The Department, the FHWA,
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. 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.
13. A. In addition to the requirements of the preceding paragraph, the Grantee shall
comply with the applicable provisions contained in Attachment B (Special
Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to
Attachment B summarizes the funding sources supporting the Agreement
for purposes of assisting the Grantee in complying with the requirements of
Attachment B. 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 identified in Paragraph 26 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 Agreement. The Grantee shall consider the type of financial
assistance (federal and /or state) identified in Attachment B, Exhibit 1 when
making its determination. For federal financial assistance, the Grantee shall
utilize the guidance provided under OMB Circular A -133, Subpart B, 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:
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.
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DEP Project Agreement No. T1329, Page 7 of 18
14. This Project Agreement may be terminated prior to the expiration date, as stated in
paragraph 1 of this Project Agreement, 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 Recreational Trails
Program, the Guidance or the Manual, as referenced in paragraph 1, or any
of the terms or 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 will 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. In the event the
Department terminates this Project Agreement for these reasons, the
Department is not required to compensate the Grantee for any expenses
incurred before or after such termination.
B. 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 canceled 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 I of the Florida Constitution and Section 11 9.07(l), Florida Statutes.
D. The Department shall terminate this Project Agreement if the
commencement documentation is not received and approved by the
Department within twelve (12) months of this Project Agreement's execution.
This time period may be extended by the Department for good cause, such
as natural disaster.
15. The Grantee shall submit a Recreational Trails Program Project Status
Report on a quarterly basis. The Grantee shall utilize this form to describe
the percentage of work performed during the reporting period, submit
photographs showing the accomplished work, identify problems encountered,
describe problem resolution, any necessary schedule updates and proposed
work for the next reporting period. Quarterly reports shall be submitted to the
Department's Grant Manager no later than five (5) calendar days following
the completion of the quarterly reporting period. It is hereby understood and
agreed by the parties that the term "quarterly" shall reflect the calendar
quarters ending March 31, June 30, September 30 and December 31. The
Department's Grant Manager shall have ten (10) calendar days to review the
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DEP Project Agreement No. T1329, Page 8 of 18
required reports and deliverables submitted by the Grantee. Quarterly status
reports received by the Department after the fifth calendar day following the
completion of any quarterly reporting period will be considered late -filed and
render the Grantee in default under the terms of this Project Agreement.
Failure to comply with these reporting requirements will result in non-
payment or termination of this Project Agreement.
16. No reimbursement will be made for deliverables deemed unsatisfactory by the
Department. In the event that a deliverable is deemed unsatisfactory by the
Department, the Grantee shall re- perform the services needed for submittal of a
satisfactory deliverable, at no additional cost to the Department within ten (10) days
of being notifies of the unsatisfactory deliverable. If a satisfactory deliverable is not
submitted within the specified timeline, the Department may, in its sole discretion,
either: 1) terminate this Agreement for failure to perform, or 2) the Department's
Grant Manager may, by letter specifying the failure of performance under this
Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by
the Grantee to the Department. All CAPs must be able to be implemented and
performed in no more than sixty (60) days.
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
right to require additional or further remedial steps, or to terminate this
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
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DEP Project Agreement No. T1329, Page 9 of 18
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.
17. A. The Grantee may subcontract work under this Project Agreement without the
prior written consent of the Department's Grant Manager. The Grantee shall
submit a copy of the executed subcontract to the Department within ten (10)
days after execution. Regardless of any subcontract, the Grantee is
ultimately responsible for all work performed under this Agreement. 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 liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
B. The Department supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Project Agreement
embrace diversity enthusiastically. The award of subcontracts should reflect
the full diversity of the citizens of the State of Florida. A list of minority owned
firms that could be offered subcontracting opportunities may be obtained by
contacting the State of Florida Department of Management Services, Office
of Supplier Diversity at (850) 487 -0915.
C. The Grantee agrees to comply with the procurement requirements contained
in 23 C.F.R. 172.5 for its selection of subcontractors.
18. 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 Grant Manager shall provide the Department with a
statement that all purchases or contracts for construction were competitively bid
pursuant to applicable laws.
19. The Grantee certifies that no federal appropriated funds have been paid or will be
paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person
for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending or
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DEP Project Agreement No. T1329, Page 10 of 18
modifying of any federal contract, grant, or cooperative agreement. If any
non - federal funds are used for lobbying activities as described above, the Grantee
shall submit Standard Form -LLL, "Disclosure of Lobbying Activities" (provided in
Federal. Documents Packet), and shall file quarterly updates of any material
changes. The Grantee shall require the language of this certification to be included
in all subcontracts, and all subcontractors shall certify and disclose accordingly. [49
CFR 20].
20. In accordance with Executive Order 12549, Debarment and Suspension (49 CFR
29), the Grantee, by execution of this Project Agreement, shall agree and certify that
neither it, nor its principals, is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency; and, that the Grantee shall not
knowingly enter into any lower tier contract, or other covered transaction, with a
person who is similarly debarred or suspended from participating in this covered
transaction, unless authorized in writing by Federal Highway Administration to the
Department. The Grantee shall include the language of this section in all
subcontracts or lower tier agreements executed to support the Grantee's work under
this Project Agreement.
21. The State of Florida's performance and obligation to pay under this Project
Agreement is contingent upon an annual appropriation by the Legislature. The
parties hereto understand that this Agreement is not a commitment of future
appropriations.
22. 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
Project Elements thereon at any reasonable time.
23. Following receipt of an audit report identifying any refund due to the Department for
noncompliance by the Grantee with the Project Agreement, the Grantee will be
allowed sixty (60) calendar days to submit additional pertinent documentation to
offset any 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 total refund due to the Department.
24. The Department shall have the right to demand a refund, either in whole or in part,
of the funds provided to the Grantee for noncompliance with the terms of this
Project Agreement.
25. 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.
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DEP Project Agreement No. T1329, Page 11 of 18
26. Alexandra H. Weiss, Community Assistance Consultant, or her successor, is hereby
designated as the Department's Grant Manager for the purpose of this Project
Agreement. The Department's Grant Manager shall be responsible for ensuring
performance of the terms and conditions of this Project Agreement and shall
approve all reimbursement requests prior to payment. The Grantee's Grant
Manager, Mark Hodgkins, or his /her successor, shall act on behalf of the Grantee
relative to provisions of this Project Agreement. The parties will notify each other in
writing, using the manner set forth in this Project Agreement for providing notices
related to this Project Agreement, of any change to the designated grant manager
within thirty (30) calendar days of the change.
27. By acceptance of the provisions of this Project Agreement, the Grantee agrees to
dedicate the Project Site and all land within the Project boundaries, identified in
Paragraph 3 above, to the public as a recreational trail in accordance with section
62S- 2.076, F.A.C. The parties further agree 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.
28. The Grantee agrees to operate and maintain the Project Site, as defined in
subsection 62S- 2.070(37), F.A.C., in accordance with Rule 62S- 2.076, F.A.C. The
Project Site and Project Elements 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 the Project Elements 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, as
defined in subsection 62S- 2.070(37), F.A.C., if said development is not described in
Paragraph 5 herein. The obligations in this paragraph shall survive the expiration of
this Project Agreement.
29. The Grantee shall not, for any reason, convert all or any portion of the Project
boundary area for any purpose other than a recreational trail without prior approval
of the Department and FHWA pursuant to the Chapter 62S -2, F.A.C.
30: A. 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.
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
Revised 11/13
DEP Project Agreement No. T1329, Page 12 of 18
made available to the public via a single, searchable website, which is
www.USASPending.gov. Grant Recipients awarded a new Federal grant greater
than or equal to $25,000 awarded on or after October 1, 2010 are subject to the
FFATA. The Grantee agrees to provide the information necessary, over the life of
this Project Agreement, for the Department to comply with this requirement.
33. 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
similarly to provide Workers' Compensation Insurance for all of the latter'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 his employees not otherwise protected.
34. Each party hereto agrees that it
wrongful acts of its employees a
shall constitute a waiver by either
of Section 768.28, Florida Statutes.
shall be solely responsible for the negligent or
nd agents. However, nothing contained herein
party of its sovereign immunity or the provisions
35. A. The Grantee shall secure and maintain commercial general liability
insurance including bodily injury and property damage. The minimum limits
of liability shall be $100,000 each occurrence and $300,000 aggregate. This
insurance will provide coverage for all claims that may arise from the
services and /or operations completed under this Project Agreement, whether
such services and /or operations are by the Grantee or anyone directly or
indirectly employed by the Grantee.
B. The Grantee shall secure and maintain commercial automobile liability
insurance for all claims which may arise from the services and /or operations
under this Project Agreement, whether such services and /or operations are
by the Grantee or by anyone directly or indirectly employed by the Grantee.
The minimum limits of liability shall be as follows:
$300,000 Automobile liability combined single limit for company
owned vehicles, if applicable
$300,000 Hired and non -owned liability coverage
C. All insurance policies shall be with insurers licensed or eligible to do business
in the State of Florida. Such insurance shall include the State of Florida and
the Department as additional insureds for the length of this Project
Revised 11/13
DEP Project Agreement No. T1329, Page 14 of 18
Agreement. The Grantee's current certificate of insurance shall contain a
provision that the insurance will not be canceled for any reason except after
thirty (30) calendar days written notice (with the exception of non - payment of
premium which requires a ten (10) day notice) to the Department's
procurement administrator.
36. Reimbursement for equipment purchases is not authorized under the terms and
conditions of this Project Agreement.
37. Asphalt paving for the Project shall conform to the State of 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.
38. The Grantee agrees to adhere to all state and federal special terms and conditions
incorporated by reference as part of this Project Agreement as if fully set forth
herein.
39. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of the State 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, unless otherwise required by state law.
40. All notices related to this Project Agreement will be satisfied by sending notice by
certified U.S. mail to the following addresses of the parties:
Department's Grant Manager:
Alexandra H. Weiss, Community Assistance Consultant
Office of Greenways and Trails
Division of Recreation and Parks
State of Florida Department of Environmental Protection
3900 Commonwealth Boulevard, M.S. 795
Tallahassee, Florida 32399 -3000
Grantee's Grant Manager:
Mark Hodgkins, Parks and Recreation Director
Village of North Palm Beach
501 US Highway 1
North Palm Beach, Florida 33408
Revised 11 /13
DEP Project Agreement No. T1329, Page 15 of 18
41. The Grantee acknowledges prior receipt of the following documents. It is
understood that subparagraphs B, C, and D include documents that must be filled
out by the Grantee and returned to the Department.
A. Federal award letter approving project application as submitted by the
Department.
B. Project Development and Environment (PD &E) Materials — includes PD &E
Data Sheet, Form OGT -15 and federal documents (survey, boundary map,
Federal Form 424 - Budget Information, Drug -Free Workplace Certification,
Civil Rights Assurance of Compliance, Certification Regarding Lobbying,
Debarment and Suspension Form, federal Congressional District of Applicant
and Project Site, FHWA Guidance, PD &E Data Survey.
C. Commencement Packet — includes Boundary Map with legal description, Site
Plan (signed and sealed), List of Facilities to be Constructed (signed and
dated), Pre - Construction Certification, Form OGT -12 (signed and dated),
Grant Project PD &E Data Sheet, Form OGT -15 (with back -up
documentation).
D. Program Completion Packet — includes Project Completion' Certification,
Form OGT -14, As -Built Site Plan (1 copy), List of Constructed Facilities and
Improvements, Color Photographs or Slides of the Project and Identification
Sign, Certification of Filing of Notice of Limitation of Use, Final Payment
Request, Certification of FHWA Guidance.
E. Recreational Trails Program Project Status Report (to be completed
quarterly).
F. Grant Accountability Procedures.
42. The Grantee agrees to comply with, and include as appropriate in subcontracts, the
provisions contained in Attachment C, Contract Provisions, attached hereto and
made a part hereof. In addition, the Grantee acknowledges that the applicable
regulations listed in Attachment D, Regulations, attached hereto and made a part
hereof, shall apply to this Project Agreement.
43. 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.
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.
Revised 11/13
DEP Project Agreement No. T1329, Page 16 of 18
45. 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. Nothing herein shall be construed as consent to be sued by third
parties in any manner arising out of this Project Agreement or related to the Project.
46. Time is of the essence in the performance of this Project Agreement.
47. 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, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Revised 11/13
DEP Project Agreement No. T1329, Page 17 of 18
The parties hereto have caused these presents to be duly executed the day and
year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONME AL PROTECTION
By: 9
Director, or Designee
Office of Operations
Date: 5-- &— A
Dep rtment's Grfant Manager
Approved as to form and sufficiency:
Department's Program Attorney
VILLAGE OF NORTH PALM BEACH
By:
Type Name: Da ryl C. Aubrey
Title: Mayor
Date: April 24, 2014
Address:
501 US Highway 1
North Palm Beach, Florida 33408
ATTEST:
VILLAGE CLERK
Approved as to form and sufficiency:
Grantee's Attorney (if required)
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (2 Paqes)
Attachment B Special Audit Requirements (5 Pages)
Attachment C Contract Provisions (3 Pages)
Attachment D Regulations (1 Page)
Revised 11/13
DEP Project Agreement No. T1329, Page 18 of 18
ATTACHMENT A
RECREATIONAL TRAILS PROGRAM PROJECT GRANT WORK PLAN
Village of North Palm Beach - Anchorage Park
RTP Project #T13029
Protect TASKS, Deliverables, ASSOCiateci costs & completion Dates
#1 Task Description: 100% construction of 1,560 Linear
Foot 10 -foot wide asphalt trail.
Task Deliverable:
IA. 100% Design and Engineering -copies of permits, $7,500
signed /sealed construction plans, signed /dated
certification by Grantee Grant Liaison.
1 B. 100% Construction of 1,560 Linear Foot, 10 -foot $70,000
wide asphalt trail - dated photos, signed /sealed as-
built site plans, signed /dated certification by
Engineer of Record.
$7,500
$70,000
$15,000
$140,000
4/1/2015
12/31/2016
To be Bid
To be Bid
TOTALS 1 $77,500 1$77,500 1$155,000 1 1 1
Performance Standard: Approval of deliverables is based upon review for compliance with the requirements for funding under
the Recreational Trail grant program; approved plans and application approved for funding.
Financial Consequences: Failure to meet the performance standard will result in the rejection of the invoice for reimbursement
and claim for match.
DEP Agreement No. T1329, Attachment A, Page 1 of 2
Amount of
Total
Costs to be
Estimated
Amount of
Grantee
Cost for Each
Completion
Indicate if to
Costs to be
Match (per
Listed
Date for
be bid or in-
Paid with
ratio noted in
Deliverable
Each
house or
Project Task and Deliverable Descriptions
RTP Funds
Application)
(RTP + Match)
Deliverable
combination
#1 Task Description: 100% construction of 1,560 Linear
Foot 10 -foot wide asphalt trail.
Task Deliverable:
IA. 100% Design and Engineering -copies of permits, $7,500
signed /sealed construction plans, signed /dated
certification by Grantee Grant Liaison.
1 B. 100% Construction of 1,560 Linear Foot, 10 -foot $70,000
wide asphalt trail - dated photos, signed /sealed as-
built site plans, signed /dated certification by
Engineer of Record.
$7,500
$70,000
$15,000
$140,000
4/1/2015
12/31/2016
To be Bid
To be Bid
TOTALS 1 $77,500 1$77,500 1$155,000 1 1 1
Performance Standard: Approval of deliverables is based upon review for compliance with the requirements for funding under
the Recreational Trail grant program; approved plans and application approved for funding.
Financial Consequences: Failure to meet the performance standard will result in the rejection of the invoice for reimbursement
and claim for match.
DEP Agreement No. T1329, Attachment A, Page 1 of 2
Instructions and Explanation of Grant Work Plan
Task Description: Include description of task to be completed under this Agreement.
Task Deliverable: Identify what will be completed at the time of the request for reimbursement. If it is part of a construction task,
identify what part of the construction will be completed at this point. May be the percentage of completion, amount /number, length,
width, surface, etc. Identify what will be submitted as proof of completion (dated photographs, certification of completion, copies of
permits, copies of approved plans, etc. One task can have multiple deliverables. Each deliverable must have a detailed budget and
completion date.
Note: If task will be contracted and /or subcontracted, a copy of the fully executed contract between the RTP project sponsor and
the contractor must be identified as a deliverable under the Task Description and submitted to Alexandra H. Weiss, or her designee.
Number of Deliverables: Grantee should note as many deliverables as needed to properly complete project, and accommodate
required cash flow.
RTP Funds and Grantee Match: Totals must equal amounts indicated in Project Agreement, Paragraph 10. RTP funds proportionately in
every deliverable. Example - 80% RTP, 20% Grantee Match; must show 80% RTP funds in every deliverable.
Amount of Costs to be paid with RTP Funds: 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). The same level of detail must be identified for the match being claimed under this Agreement.
Schedule of Values: A schedule of values, developed per the construction industry standard, must be submitted with the
Commencement Documentation. All invoices submitted as part of the reimbursement process must correspond with Attachment A
and the Schedule of Values.
Reimbursements: No reimbursement will be made until deliverable item is completed as stated in table and documentation is
submitted and approved by the Department Grant Manager. Deliverables must be tied to a physical product, i.e. copy of permit,
signed /sealed boundary map, construction documents, quarterly status report (with photos), viewed on site by Alexandra H. Weiss or
her designee.
Change in Costs of Deliverables: Any revisions to Attachment A 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.
DEP Agreement No. T1329, Attachment A, Page 2 of 2
ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department ", 'DEP ", VDEP" or "Grantor ", or other name in the contract /agreement) to the recipient
(which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject
to audits and /or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB
Circular A -133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must
be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http:/ /12.46.245.173 /cfda /efda.html.
DEP 55 -215 (03/09)
DEP Agreement No. T1329, Attachment B, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General. , EXHIBIT 1 to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal
program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https:Hgpps.fldfs.com /fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http: / /www.leg.state.fl.us /Welcome /index.cfm, State of Florida's website at
http: / /www.myflorida.com /, Department of Financial Services' Website at http: / /www.fldfs.com/ and the
Auditor General's Website at http: / /www.state.fl.us /audeen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A -133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55 -215 (03/09)
DEP Agreement No. T1329, Attachment B, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System and can be
found at http://harvester.census.gov/fac/
C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -215 (03/09)
DEP Agreement No. T1329, Attachment B, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for - profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -215 (03/09)
DEP Agreement No. T1329, Attachment B, Page 4 of 5
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this
Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
Original
Agreement
U.S. Department of
Transportation
20.219
Recreational Trails Program
77,500
140185
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Total Award T $77,500
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http:/ /12.46.245.173 /cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https: // apps. fldfs .com /fsaa/searchCatalog.aspx]. The
services /purposes for which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55 -215 (03/09)
DEP Agreement No. T1329, Attachment B, Page 5 of 5
ATTACHMENT C
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States "). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a -7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction ").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
5. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 1857(h)), section
508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15).
DEP Agreement No. T1329, Attachment C, Page 1 of 3
6. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368).and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h -3(e)) - Contracts and
subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of
the Safe Drinking Water Act (42 U.S.C. 300h- 3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 -1508 and 7324 — 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91 -190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood
DEP Agreement No. T1329, Attachment C, Page 2 of 3
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal.Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93 -205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
17. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
21. Compliance with Limitation on Federal Participation (23 CFR 1.9) pertaining to the use of
Federal -aid funds
22. Registrations and Identification Information, the Grantee agrees to maintain current
registration in the Central Contractor Registration (www.ccr.gov) at all times during
which they have active project funded with these funds. A Dun and Bradstreet Data
Universal Numbering System (DUNS) Number (www.dnb.com) is one of the
requirements for registration in the Central Contractor Registration.
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DEP Agreement No. T1329, Attachment C, Page 3 of 3
ATTACHMENT D
REGULATIONS
Formal regulations concerning administrative procedures for U.S. Department of Transportation (DOT)
grants appear in Title 49 of the Code of Federal Regulations. The following list contains regulations and
Office of Management and Budget Circulars which may apply to the work performed under this
Agreement.
Subchapter A - General
49 C.F.R. 24
Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
49 C.F.R. 27
Nondiscrimination on the basis of disability in programs or activities receiving
Federal financial assistance.
49 C.F.R. 17
Intergovernmental review of DOT programs and activities
49 C.F.R. 19
Uniform administrative requirements for grants and agreements with institutions of
higher education, hospitals and other nonprofit organizations
49 C.F.R. 18
Uniform administrative requirements for grants and cooperative agreements to state
and local governments
49 C.F.R. 20
New restrictions on lobbying
49 CFR 32
Drug -Free Workplace Act
Other Federal Regulations
48 C.F.R. 31
Contract Cost Principles and Procedures, or uniform cost accounting standards that
comply with cost principles acceptable to the federal agency
2 CFR 1532
Nonprocurement Suspension and Debarment Regulations
Office of Management and Budget Circulars
A -21 (2 CFR 220)
Cost Principles for Educational Institutions
A -87 (2 CFR 225)
Cost Principles for State, Local, and Indian Tribal Governments
A -122 (2 CFR
230)
Cost Principles for Non - Profit Organizations
A -133
Audit Requirements
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DEP Agreement No. T1329, Attachment D, Page 1 of 1