HomeMy WebLinkAboutDocumentation_Regular_Tab 08_11/12/2015 V'�llage Of Tec��sta
P�rks & Rec�r�ion Dep�nent
Date: 10/23/2015
To: Michael Couzzo, Village Manager
Cc: Lori McWilliams, Village Clerk
From: Greg Corbitt, Director of Parks & Recreation
RE: DEP Department of Environmental Protection presentation of ceremonial
check to Council
• Scott Duncan from the DEP (Department of Environmental Protection) presentation of
ceremonial check for $50,000 FRDAP (Florida Recreation Development Assistance
Program) Grant
DEP AGREEMENT NO. A6091
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP}
AGREEMENT FOR FISCAL YEAR 2015-2016
DEVELOPMENT OF LAND FOR PUBLIC RECREATION PURPOSES
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and the VILLAGE OF TEQUESTA, whose address is 345
Tequesta Drive, Tequesta, Florida 33469 (hereinafter refened to as "Grantee"), a local govemment, in furtherance
of an approved public outdoor recreation proj ect known as Constitution Park, Proj ect Number A16091. Collectively,
the Department and the Grantee shall be referred to as"Parties" or individually as a"Party". For purposes of this
Agreement, the terms "Grantee" and "Recipient" are used interchangeably.
In consideration of the mutual covenants contained herein and pursuant to Florida Statute, section 375.075,
OUTDOOR RECREATION; FINANCIAL ASSISTANCE TO LOCAL GOVERNMENTS, and Florida
Administrative Code, chapter 62D-5, the parties hereto agree as follows:
1. TERMS OF AGREEMENT
The Grantee does hereby agree to perForm in accordance with the terms and conditions set forth in this
Agreement, more fully described in "Attachment A, Grant Work Plan", including all attachments and
e�chibits named herein, which are attached hereto and incorporated by reference.
Administrative Forms and Reimbursement Forms referenced in this Agreement may be found at
www.dep.state.fl.us/parks/oirs/ or by contacting the Department's Grant Manager.
Prior to commencement of project, the Grantee shall submit to Department for approval all documentation
and completion of responsibilities listed on "Attachment B, Commencement Documentation Checklist"
attached hereto and incorporated by reference. Upon satisfactory approval by the Department, the
Department will issue written notice to Grantee to commence the project. Unless and until the Department
issues written notice of approval authorizing Grantee to commence the project, Grantee sha11 not incur nor
chazge, and the Department shall not be obligated to pay or reimburse Grantee for fees, cost, or general
expenses of any kind, which incurred during the commencecnent approval period.
Land owned by the Grantee, which is developed or acquired with grant funds shall be dedicated in perpetuity
as an outdaor recreation site by the Grantee for the use and benefit of the public as stated in Florida
Administrative Code, section 62D-5.059(1). 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. The project site(s) shall be open at reasonable times and shall be managed in a safe and attractive
manner. This Agreement is not transferable.
2. PERIOD OF AGREEMENT:
This Agreement shall become effective upon execution by both parties and the Grantee shall complete
development of the project site by Apri130, 2018 and shall remain in effect until, inclusive.
DEP.FRDAP Agreement: A6091 Page 1 of 13
FINAL.9.1.15
3. FUNDING/CONSIDERATION/INVOICING:
The Grantee shall be eligible for authorized reimbursement, in whole or in part, for cost pursuant to FRDAP
guidelines regarding approved pre-agreement costs, through the e�iration date of this Agreement, provided
that the cost(s) meet all requirements and financial reporting of the FRDAP program and, rules and
regulations applicable to expenditures of State fixnds, hereby adopted and incorporated by reference.
A. As consideration for satisfactory performance rendered by the Grantee under FRDAP guidelines
and the terms of this Agreement, the Deparhnent shall pay the Grantee on a reimbursement basis up
to a maximum of $50,000.00. It is understood that any additional funds necessary for the completion
of this project are the responsibility of the Grantee. It is further understood that grant funds may be
revised by the Department due to the availability of program funds. Grant awards are contingent
upon appropriation by the Legislature. The parties hereto understand and agree that this Agreement
does not require a match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement. Changes to approved budget categories within a single deliverable that are less than
10% of the total approved deliverable budget amount will require a formal Change Order to the
Agreement. Changes that are 10% or greater of the total approved deliverable budget amount, or
changes that transfer funds from one deliverable to another deliverable, or changes that increase or
decrease the projecYs total funding amount will require a formal Amendment to the Agreement.
C. The Grantee shall be reimbursed on a cost reimbursement basis for a11 eligible project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment C,
"Payment Request Summary Form". To be eligible for reimbursement, costs must be in
compliance with laws, rules and regulations applicable to e�cpenditures of State funds, including,
but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: http://www.myfloridacfo.com/aadir/reference uide/. All invoices for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. A final payment request should be submitted to the Deparhnent no later than
sixty (60) calendar days following the completion date of the Agreement, to assure the availability
of funds for payment. All work performed pursuant to Attachment A must be performed on or
before the completion date of the Agreement, and/or pursuant to the FRDAP guidelines.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment D, Contract Payment Requirements. The Payment Request Summary Form shall
be accompanied by supporting documentation and other requirements as follows for each
deliverable:
i. Salaries/Wages — List personnel involved, salary rates and hours spent on the project in
accordance with Attachment A, Grant Work Pian. The Grantee shall not be reimbursed
for direct salaries or multipliers (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) for Grantee's employees.
ii. Overhead/Indirect/General and Administrative Costs — All multipliers used (i.e., fringe
benefits, overhead, indirect, and/or general and administrative rates) shall be supported by
audit. If the Department determines that multipliers charged by the Grantee 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.
a. Fringe Benefits — Shall be calculated at the rate up to 40% of direct salaries. Actual
costs not to exceed the budget amount identified in Attachment A. Shall not be
reimbursed under this Agreement.
DEP.FRDAP Agreement: A6091 Page 2 of 13
FINAL.9.1.15
b. Indirect Cost — Shall be calculated at the rate of 15% of direct cost. Shall not be
reimbursed under this Agreement.
iii. 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. Subcontracts which involve payments for direct salaries sha11
clearly identify the personnel involved, salary rate per hour, and hours spent on the project.
All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
rnultipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Deparhnent 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. 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 (i.e., Invitation ta 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 '
subconixact resulting from procurement methods other than those identified
herein. In this instance, the Grantee shall request the advance written approval
from the Deparhnent'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 approvai of the fixed-price amount, the Grantee
may proceed in finalizing the fixed-price subcontract.
c. All subcontracts are subject to the provisions of paragaph 12 and any other
appropriate provisions ofthis Agreement which affect subcontracting activities.
iv. RentaULease of Equipment — Inclnde copies of invoices or receipts to document charges.
E. In addition to the invoicing requirements contained herein, the Department will periodically request
proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the
Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information, when requested, must be provided within thirty (30) calendar days 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.myfloridacfo.com/aadir/reference uide/.
F. i. 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 andlor received for one project may
not be used to support another pmject. 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.
ii. If the Deparhnent 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 Agreement for non-compliance with the material terms of this Agreement. The
DEP.FRDAP Agreement: A6091 Page 3 of 13
FINAL.9.1.15
Grantee, upon such written notification from the Department sha11 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 Deparhnent by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed
by the Departrnent, from another source(s), the Grantee sha11 reimburse the Department for
all recovered funds originally provided under this 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 Deparhnent by the Grantee.
G. If the total cost of the project exceeds the grant amount, andlor the required match, as applicable, the Grantee
must pay the excess cost.
4. ANNUAL APPROPRIATION:
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations. Authorization for continuation and completion of work and payment
associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative
appropriations are reduced or eliminated.
5. REPORTS
A. The Grantee shall utilize Attachment E, "Project Status Report", to describe the work performed
during the reporting period, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. The Project Sta.tus Reports shall be submitted to the
Department's Grant Manager no later than twenty (20) calendar days following the completion of
the reporting period. It is hereby understood and agreed by the parties that the term "reporting
period" shall reflect the reporting period ending May 5, September 5 and January S. The
Deparhnent's Grant Manager shall have thirty (30) calendar days to review the required reports and
deliverables submitted by the Grantee.
6. RETAINAGE:
The Department shall retain ten percent of the grant until the Grantee completes the project and the
Department approves the completion documentation, pursuant to FRDAP requirements and additionally set
forth in paragraphs 62D-5.058(6)(g) and (7)(d), Florida Administrative Code.
7. INDEMNIFICATION
Each party hereto agrees that it shall be solely responsible for the negligent or 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. Further, nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter
arising out of any contract or this Agreement.
8. DEFAULT/TERMINATION/FORCE MAJEURE:
A. The Department may terminate this Agreement at any rime if any warranty or representation made
by Grantee in this Agreement or in its application for funding sha11 at any time be false or misleading
in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. Prior to termination, the Deparhnent sha11 provide thiriy (30) calendaz days written
notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for termination.
DEP.FRDAP Agreement: A6091 Page 4 of 13
FINAL.9.1.15 '
B. The Deparhnent may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar day's written notice. If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreernent is to be terminated. If the
Agreement is terminated before performance is completed, the Grantee shall be paid only for that
work satisfactorily performed for which costs can be substantiated.
C. Records made or received in conjunction with this Agreement are public records. T'his Agreement
may be unilaterally canceled by the Department for unlawful 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 Agreement and subject to disclosure under Chapter 119, Florida Statutes
(F.S.), and Section 24(a), Article I, Florida Constitution.
D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirernents of this Agreement, the Grantee shall promptly notify the Department orally.
W ithin seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee's intended timetable for implementation of such measures. If the parties agree that the
delay or anticipated delay was caused, or will be caused by a force majeure, the Department may,
at its discretion, e�ctend the time for performance under this Agreement for a period of time equal to
the delay resulting from the force majeure upon execution of an amendment to this Agreement.
Such agreement shall be confirmed by letter from the Departrnent accepting, or if necessaty,
modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion,
failure to receive timely necessary third party approvals through no fault of the Grantee, and any
other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably
within the control of the Grantee and/or the Department. The Grantee is responsible for the
performance of all services issued under this Agreement. Failure to perform by the Grantee's
consultant(s) or subcontractor(s) shall not constitute a force majeure event.
9. REMEDIES/FINANCIAL CONSEOUENCES:
No paytnent 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) calendar days
of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within
the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for
failure to perform, or 2) the Deparlment 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 Departrnent. All CAPs must be able to be implemented and performed in no more than si�cty (60) calendar
days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
W ithin ten (10) calendaz 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 ofthe Department letter rejecting the proposal to submit a revised
proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result
in the Department's termination of this Agreement for cause as authorized in this Agreement.
A. Upon the Deparhnent'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 the Agreement. In
the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department
sha11 retain the right to require additional or fur`ther remedial steps, or to terminate this Agreement
for failure to perform. No actions approved by the Department or steps taken by the Grantee shall
preclude the Deparhnent from subsequently asserting any deficiencies in perFormance. The Grantee
DEP.F'RDAP Agreement: A6091 Page 5 of 13
FINAL.9.1.15
shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of �
the CAP will be made to the Department as requested by the Department Grant Manager.
B. Failure to respond to a Department request for a CAP or failure to conect a deficiency in the
performance of the Agreement as specified by the Deparlment may result in termination of the
Agreement.
The remedies set forth above are not exclusive and the Departrnent reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
10. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied.
The Departrnent, the State, or their authorized representatives shall have access to such records for
audit purposes during the term of this Agreement and for five (5) years following the completion
date of the Agreement. In the event any work is subcontracted, the Grantee shall similaxly require
each subcontractor to maintain and a11ow access to such records for audit purposes.
B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing, on its subcontractors.
11. SPECIAL AUDIT REOUIREMENTS:
A. In addition to the requirements contained herein, the Grantee shall comply with the applicable
provisions contained in Attachment F, "Special Audit Requirements", attached hereto and made
a part hereof. Exhibit 1 to Attachment F summarizes the funding sources supporting the
Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment
F. 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 Grants Development and Review Manager at 850/245-
2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal andlor 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 F, 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 .21Q 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://apns. fldfs.com/fsaa
The Grantee should confer with its chief financial oi�icer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
12. SUBCONTRACTS
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
DepartmenYs Grant Manager, except for certain fixed-price subcontracts pursuant to paragraph 3D.
of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed
DEP.FRDAP Agreement: A6091 Page 6 of 13
FINAL.9.1.15
subcontract to the Departrnent within ten (10) calendar days after execution of the subcontract.
Regardless of any subcontract, the Grantee is ultimately responsible for all work to be 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 a11 monies due under
any subcontract. It is understood and ageed by the Grantee that the Department sha11 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 of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The awazd 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 subcontracring opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which
50 percent or more of the cost will be paid from state-appropriated funds which have been
appropriated at the time of the competitive solicitation, a state, college, county, municipality, school
district, or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;
ii. The coniractor's hiring employees or subcontractors from within a particulaz local
jurisdiction; or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the
sodicitation document that any applicable local ordinance or regulation does not inciude any
preference that is prohibited by Paragraph A.
14. SIGNAGE:
Grantee must erect a permanent information sign on the project site which credits funding or a portion
thereof, to the Florida Deparhnent of Environmental Protection and the Florida Recrearion 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.
15. LOBBYING PROHIBITION:
In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency.
Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel eacpenses, and
per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi judicial
department shall be used by any state employee or other person for lobbying purposes.
16. COMPLIANCE WITH LAW
The Grantee sha11 comply with all applicable federal and state laws, and local rules and regulations in
providing services to the Department under this Agreement. The Grantee acknowledges that this
requirement includes, but is not limited to, compliance with all applicable federal and state laws, and local
health and safety rules and regulations. The Grantee further agrees to include this provision in all
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FINAL.9.1.15
subcontracts issued as a result of this Agreement.
17. NOTICE
All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a
courier delivery service, or delivered in person. Notices sha11 be considered delivered when reflected by an
electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is aclrnowledged by recipient.
18. CONTACTS
Any and all notices required by this Ageement shall be delivered to the parties at the following addresses:
The Department's Grant Manager (which may also be referred to as the Deparhnent's Project
Manager) for this Agreement is:
Tamika Bass
Communi Assistance Consultant
Florida De arlment of Environmental Protection
Office of O erations
Land and Recreation Grants Section
3900 Commonwealth Boulevard, MS# 585
Tallahassee, Florida 32399
Tele hone No.: 850/245-2501
Faac No.: N/A
E-mail Address: tamika.bass de .state.fl.us
The Grantee's Grant Manager for this Agreement is:
Mr. Gre Corbitt
Parks and Recreation Director
Villa e of Te uesta
345 Te uesta Drive
Te uesta, Florida 33469
Tele hone No.: 561-768-0473
Fax No.: 561-768-0705
E-mail Address: corbitt te uesta.or
19. INSURANCE
To the etctent required by law, the Grantee will be self-insured against, or will secure and maintain during the
life of this 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 its 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 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 protecrion
of its employees not otherwise protected.
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FINAL.9.1.15
A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily injury
and property damage. The rninimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the
services and/or operations completed under this Agreement, whether such services and/or operations are
by the Grantee or anyone directly or indirectly employed by the Grantee. Such insurance shall include
the State of Florida as an Additional Insured for the entire length of the Agreement.
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 Agreement, whether such services
and/or operations are by the Grantee or by anyone directly, or indirectly ernployed by the Grantee.
The minimum limits of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company Owned Vahicles, if
applicable
$300,000 Hired and Non-owned Automobile Liability Coverage
C. If any work proceeds over or adjacent to water, the Grantee sha11 secwe and maintain, as
applicable, any other type of required insurance, including but not limited to Jones Act,
Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's
compensation insurance, and any necessary watercraft insurance, with limits of not less than
$300,000 each. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified in Attachment A, Grant Work
Plan. Questions concerning required coverage should be directed to the U.S. Department of
Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the parties' insurance carriers.
D. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida.
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 day's written notice (with the exception of
non-paytnent of premium which requires a 10-calendar-day notice) to the Department's Procurement
Administrator.
The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their
employment with the Grantee.
20. CONFLICT OF INTEREST
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.
21. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Crrantee/subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
22. EQUIPMENT:
Reimbursement for equipment purchases is not authorized under the terms and conditions of this Agreement.
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FINAL.9.1.15
23. CHANGE ORDERS
The Deparhnent may at any time, by written Change Order, make any change in the Grant Manager
information, task timelines within the current authorized Agreement period, or make changes that are less
than 10% of the total approved deliverable budget. All Change Orders are subject to the mutual agreement
of both parties as evidenced in writing. Any change which causes an increase or decrease in the Agreement
amount, expiration date of the Agreement, or deliverable costs that are equal to or greater than 10% of the
total approved deliverable budget, shall require formal Amendment to this Agreement.
24. OUALITY ASSURANCE:
FRDAP funds will not be used for environmentally-related measurements or data generation on land under
control of Grantee, which is being developed pursuant to this Agreement. The Grantee and subcontractors
are exclusively responsible for quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet project objectives. All
sampling and analyses performed under the direction of Grantee or subcontractor must conform to the
requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.).
Grantee and subcontractors are solely responsible for the quality assurance pracrices, compliance, reporting,
negligence or wrongful acts of its employees and agents regarding the environmentally-related
measurements, sampling, analyses and/or data generation on land developed pursuant to this
Ageement. NOTE: "Sample" refers to samples that have been either collected or analyzed on land
developed pursuant to this Agreement.
25. DISCRIMINATION:
A. No person, on the grounds of race, creed, color, religion� national origin, age, gender 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 Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section
287.134, F.S., 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 Depariment of
Management Services is responsible for maintaining the discriminatory vendor list and posts the list
on its website. Questions regarding the discriminatory vendor list may be directed to �he Florida
Deparhnent of Management Services, Office of Supplier Diversity, at (850) 487-0915.
26. LAND ACOUISITION: {The following provisions shall be included in a11 Agreements for Development
when Grantee has an interest and/or right to real properiy where development will occur using FRDAP
grant funds.}
Grantee has acquired an interest and/or right to real property, described in Attachment A. Such interest
and/or right is subject to use in perpehuty for the purposes described in this Agreement. The following
language sha11 be included in a Lease and/or other legal instrument regarding the Grantee's interest and/or
right to real property. Any applicable recording fees are the sole responsibility of the Grantee:
"Grantee hereby agrees that the use of the property described herein (the "Property") sha11 be subject
to the terms and conditions contained in a certain Grant Award Agreement (DEP Agreement No.
A6091), which is attached hereto as Exhibit and by reference made a part hereof (hereinafter
referred to as the "Restrictive Covenants"). These Restrictive Covenants shall run with the interests
and/or rights to the Properiy in perpetuity and be binding upon Grantee and a11 successive owners
DEP.FRDAP Agreement: A6091 Page 10 of 13
FINAL.9.1.15
(and all parties claiming by, through and under the owners) of the Property. Tfie Florida Deparhnent
of Environmental Protection ("DEP") shall be deemed a third-pariy beneficiary of these Restrictive
Covenants in a court of competent jurisdiction. DEP shall have the authority to enforce these
Restrictive Covenants in any judicial proceeding seeking any remedy recognizable at law or in
equity, including an action or lawsuit seeking damages, injunction, specific performance, or any
other form of relief, against any person, firm or entity violating or attempting to violate any of these
Restrictive Covenants. The failure by DEP to enforce any covenant or restriction contained herein
shall in no event be deemed a waiver of such covenant or restriction or of the right of DEP to
thereafter enforce such covenant or restriction. The invalidation of any one of the provisions of
these Restrictive Covenants by a court of competent jurisdiction shall in no way affect any of the
other provisions of these Restrictive Covenants, which sha11 remain in full force and effect. Venue
for enforcernent actions regazding these Restrictive Covenants shall be in the Circuit Court of
County, Florida. Grantee agrees to incorporate these Restrictive Covenants in any
subsequent Lease or other written legal instrument by which Grantee transfers or conveys interest
and/or rights or any other lesser estate in the Property or any part thereof to a third party either
verbatim or by making an express reference to these Restrictive Covenants. Grantee further agrees
to give written notice to DEP of a change or transfer of any interest in the Property at least 20
calendar days prior to the date of such change or transfer."
"Requests for release of the Restrictive Covenants from the Property shall be directed to the Florida
Department of Environmental Protection, Office of General Counsel, Attention: Contracts
Attorney, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. The request should
include the DEP Agreement No. A6091, the total funding amount paid by the State of Florida, and
the Department's Grant Manager's name:'
If for any reason the above language is not incorporated into the Lease or legal instrument by which the
Grantee obtained an interest and/or rights to the Property, the Grantee shall execute a separate Declaration
of Restrictive Covenant (using a template obtained from the Department of Environmental Protection) that
shall run with the interest and/or rights to the Property. Requests for the Declaration of Restrictive
Covenant template shall be directed to the DEP Office of General Counsel, Institutional Control Attorney,
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida• 32399-3000. Prior to recording,
such Declaration of Restrictive Covenant shali be reviewed, approved, and counter-signed by the
Department. Any applicable recording fees are the sole responsibility of the Grantee.
27. PHYSICAL ACCESS AND INSPECTION:
Departrnent has the right to inspect the project and any and all records related thereto at any reasonable time.
Department personnel shall be given access to and may observe and inspect work being performed under this
Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
B. Grantee sha11 permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
2$. EXECUTION IN COUNTERPARTS.
This Agreement may be executed in two or more counterparts, each of which together shall be deemed an
original, but all of which together shall constitute one and the same instrument. In the event that any signature
is delivered by facsimile transmission or by e-mail delivery of a".pdf' format data file, such signature shall
DEP.FRDAP Agreement: A6091 Page 11 of 13
FINAL.9.1.15
create a valid and binding obligation of the party executing (or on whose behalf such signature is executed)
with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof.
29. SEVERABILITY CLAUSE:
T'his 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 Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this 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 Agreement. Any
action hereon or in connection herewith shall be brought in Leon County, Florida.
30. ENTIRE AGREEMENT:
This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP.PRDAP Agreement: A6091 Page 12 of 13
FINAI,.9.1.15
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
VILLAGE OF TEQUESTA STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: �
Title: * Secretary or designee
Date: Date:
Tamika Bass, DEP Grant Manager
Grantee Attorney
Approved as to form and legality:
DEP Attorney
FEID No.: 59-6044081
* Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement.
List of attachments/exhibits included as part of this A¢reement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (2 Pa�es)
Attachment B Commencement Documentation Checklist (2 Pa�esl
Attachment C Pavment Repuest Summarv Form (2 Pa�es)
Attachment D Contract Pavment Repuirements (1 PaEel
Attachment E Proiect Status Reaort (2 Pa�esl
Attachment F Special Audit Reauirements (5 Pa�es)
DEP.FRDAP Agreement: A6091 Page 13 of 13
FINAL.9.1.15
Michaei:
This is a standard FRDAP grant agreement. (It's nice to see that the state is funding these aga�n). It provides the Village
up to $50,000.00 in reimbursable state funds for certain park upgrades and renovations. The grant process in terms of
commencement of work, obtaining reimbursements, and final`payments/sign off by the state is all spetified in the
agreement and the form attachments. If Greg or his staff require assistance with this fram my office we will obviously
be happy to help.
In terms of the Village's obligations fram receiving and using the FRDAP money, we will have to do the fallowing:
1. Dedicate in perpetuity the site as an outdoor recreation site for the use and benefit of the generat public;
2. Keep the park open during reasonable times and manage the park in a safe and attractive manner;
3. Complete all work funded by the grant no later than April 30, 2018;
4. Erect a sign at the park crediting the State Dept of Environmental Protection and the FRDAP program with
funding park improvements, the sign must remain erected for a minimum of 25 years;
5. There are a few technical bidding requirements (for example, we can't use local contractor preferences) if /
when we get to the point of procuring contractors.
The grant is specifically contingent upon annual state appropriatians (so it's probably better to get the work done
sooner than tater in case the state pulls FRDAP funding in the near future).
These are my general comments. Let me know if you have any specific questions.
Keith W. Davis, Esquire
Attorney
�� �� r��C �v'� ��
��i 1�1�►�°i� ����« .r��� IT�"?N, ��.�.
1111 Flypoluxo Road, Suite 207
Lantana, Florida 33462
Tel: (561) 586-7116
Fax: (5fi1) 586-9611
Email: Keith@CWDA-le�al.com Please make a note of our new e-mail address
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delete the original message.
From: Telfrin, Debra [mailto:dtelfrinCa�tequesta.org]
Sent: Monday, September 14, 201512:32 PM
To: Keith Davis <Keith@cwda-legal.com>
Cc: Corbitt, Greg <�corbitt@tec,Luesta.or >; Racanati, Tatiana <tracanat�tequesta.or�>; Couzzo, Michael
<mcouzzo teauesta.arg>, Telfrin, Debra <dtelfrinC�tequesta.org>
Subject: A16091 Constitution Park Grant
Good afternoon Keith,
The Manager asks for your review and comments. Should you have any questions please contact
Greg Corbitt or the Village Manager.
Thank you,
z