HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-030Temp. Reso # 11777 — February 25, 2010
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- 30
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE US
DEPARTMENT OF TRANSPORTATION THROUGH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION — OFFICE OF GREENWAYS AND TRAILS FOR
RECREATIONAL TRAILS PROGRAM GRANT FUNDS FOR
THE MAINLANDS PARK PROJECT IN THE AMOUNT OF
$250,000 PROVIDING FOR A 1-TO-1 MATCH OF $250,000 IN
LOCAL FUNDS IN THE EVENT OF APPROVAL OF THE
APPLICATION; PROVIDING FOR ACCEPTANCE OF THE
AWARD AND EXECUTION OF DOCUMENTS UPON
APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide its
residents and visitors with a higher level of service by enhancing and improving the open
space and recreational opportunities within the City; and
WHEREAS, the US Department of Transportation through the Florida Department of
Environmental Protection - Office of Greenways and Trails Recreational Trails Program,
provides grants to local governments for the construction of trails and trail facilities on
municipal lands for public outdoor recreation; and
WHEREAS, the City of Tamarac Adopted FY10 Five -Year Capital Improvements
Schedule includes the development of the Mainlands (formerly Monterey) Park project; and
WHEREAS, the granting agency requires and the City is willing to match the
Recreational Trails Program grant request of $250,000 with a 1-to-1 match in local funds in
the amount of $250,000 in the event of approval; and
WHEREAS, it is a requirement of the grant program that this Resolution be adopted
and become an official part of the application; and
Temp. Reso # 11777 — February 25, 2010
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WHEREAS, the Assistant City Manager and the Director of Parks and Recreation
recommend approval; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to submit an application to the
US Department of Transportation through the Florida Department of Environmental
Protection — Office of Greenways and Trails for Recreational Trails Program grant funds
for the development of a recreational trail and trail facilities at Mainlands Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
Section 2: The appropriate City Officials are HEREBY authorized to submit a Recreational
Trails Program grant application for $250,000 to the US Department of Transportation
through the Florida Department of Environmental Protection — Office of Greenways and
Trails providing for a 1-to-1 match in local funds of $250,000 in the event of approval of the
application. A copy of said application form is attached hereto as Exhibit A.
Section 3: Upon approval of the application, the appropriate City officials are HEREBY
authorized to accept the award and execute the necessary documents following legal
review and approval.
Section 4: Upon approval of the grant award, the appropriate City Officials are HEREBY
authorized to amend the Grants Fund Budget for the Recreational Trails Program award in
the amount of $250,000 and appropriate said funds including any and all subsequent
budgetary transfers to be in accordance with proper accounting standards.
n
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Temp. Reso # 11777 — February 25, 2010
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Section 5: All resolutions or parts of resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 6: If any clause, section, or other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or application of this Resolution.
Section 7: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this /d day of , 2010.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL . GbREN
CITY ATTORNEY
W.1,i,"
A A • A C, k
Record of COMMISSION VOTE:
MAYOR TALABISCO 4?
DIST 1: COMM BUSHNE L
DIST 2: COMM ATKINS-GRA
DIST 3: COMM GLASSER 4i
DIST 4: VM DRESSLER DV.
Recreational Trails Program
Year 2010
Grant Application Packet
Florida department of Environmental Protection
Office of Greenways and Trails
Funding provided through
U.S. Department of Transportation
Federal Highway Administration
FLORIDA DEPARTMENT OF ENMONMENTAL PROTECTION
RECREATIONAL TRAILS PRO49RAM 6RANT PR06RAM
GRANT APPLICA770N PACKA49E
INTRODUCTION
The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 included the
National Recreational Trails Fund Act (NRFTA) establishing the National Recreational
Trails Funding Program. The National Highway System Designation Act of 1995 (NHS
Act) amended and revived the NRTFA. The Transportation Equity Act for the 21"t Century
amended and provided assured funding for the program and changed the program name
to Recreational Trails Program (RTP). The purpose of RTP is to provide funds for projects
that provide or maintain recreational trails. A recreational trail means:
A thoroughfare or track across land or water, used for recreational purposes such
as bicycling, day hiking, equestrian activities, jogging or similar fitness activities, trail
biking, overnight and long distance backpacking, roller skating, in -line skating,
running, aquatic or water activity and vehicular travel by motorcycle, four-wheel
drive, all terrain off -road vehicles, or dune buggies.
The RTP is administered by the Florida Department of Environmental Protection (DEP) in
coordination with the U.S. Department of Transportation, Federal Highway Administration
(FHWA). Grant application proposals are evaluated according to policies and procedures
described in Chapter 52S-2, Florida Administrative Code (F.A.C.). This is commonly
known as the Rec Trails Rule. Applicants should familiarize themselves with these policies
and procedures. This packet will assist all applicants in preparing and presenting the
information needed for DEP to evaluate proposed RTP applications.
GENERAL APPLICATION INFORMATION
Please submit the application In a SOFT COVER three prong binder (please, no
HARD 3-ring binders). To facilitate the review and scoring process, label or tab
all support documents or attachments. We appreciate your cooperation.
A request for financial assistance under RTP may be for development or maintenance of
recreational trails; purchase of trail construction or maintenance equipment; and if funds
are available, for trail education projects. Project proposals may address the following
recreational trail interests:
• motorized recreation;
• nonmotorized recreation;
• mixed -use projects (either motorized or nonmotorized); or projects that provide for
innovative corridor sharing with motorized and nonmotorized recreation;
• construction and maintenance equipment.
OGT-10 Page 1 of 20
Development projects should consist of the complete or partial development of the project
site. Grantees shall have up to two (2) years from the effective date of the project
agreement to complete the development project. A development project, when completed,
must be a usable recreational trail or a trail facility along a usable recreational trail.
Grantees requesting funds to purchase equipment should be prepared to provide proof of
insurance, be capable of properly storing and maintaining the equipment, and be familiar
with Federal Highway Administration's Recreational Trails Program Interim Guidance, and
DEP's Directive 320 as they relate to equipment and surplus property. All equipment
purchased with RTP grant funds will be receive a DEP property number. NOTE: Only non -
expendable equipment, as set forth in the Rec Trails Rule and part of an approved
application, is eligible to be purchased with RTP grant funds.
Grantees may use RTP funds to develop trails, trailhead and trailside facilities and related
support facilities including parking, rest rooms, access to drinking water, etc. Development
projects may also renovate existing trails and facilities in order to provide access for
persons with disabilities.
MAXIMUM GRANTS FUNDS AN APPLICANT MAY REQUEST FOR Year 2010:
Non- Motorized = $250,000
Mixed -Use $260,000
Motorized = $307,199
RTP program requires that the grantee provide matching funds. Please refer to Chapter
62S-2.071(3) for complete information on match requirements and match types.
EVALUATION PROCESS
Following DEP staff review of the applications, DEP will notify applicants of any
deficiencies. Missing or incomplete documentation will usually constitute a deficiency.
Applicants must submit requested deficiency information within fifteen (15) working days
from date of deficiency notification. After the deficiency period, the Recreational Trails
Advisory Committee ranks all eligible applications in accordance with the evaluation
criteria set forth in the Rec Trails Rule.
APPLICATION SUBMISSION INFORMATION
Applicants must submit proposals for RTP grants on application form OGT-10.
Applications are evaluated on the basis of the information provided by the applicants,
except where such data is superseded by official DEP information. Failure by an applicant
to present all required application information and documentation may result in the
application being declared ineligible for funding consideration. Failure by an applicant to
provide accurate information and documentation relating to the evaluation criteria for the
proposed project set forth in the RTP Rule may result in a loss of points for the applicant's
competitive score.
OGT-10 Page 2 of 20
Applicants must submit four copies (1 original and 3 copies) of the completed application
and all supporting documents during the announced submission period of
March 18, 2010 through March 31, 2010.
Applications must be postmarked NO LATER THAN March 31, 2010, and submitted to:
OFFICE OF GREENWAYS AND TRAILS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
3900 COMMONWEALTH BOULEVARD, MAIL STATION 796
TALLAHASSEE, FLORIDA 32399-3000
Attention: Alexandra Weiss
If questions arise while preparing the application, please contact the Office of Greenways
and Trails at 850.245-2052. Or by e-mail: alexandra.weiss@depstate.fl.us
Please Note: If you plan to prepare this document by retyping
or downloading it to your computer, the language and format
used must exactly match this application.
This application may be downloaded from the Internet at:
www.FloridaGreenwaysAndTrails.com
6 T-10 Page 3 of 20
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
DEP USE ONLY
RECEIVED:
POSTMARKED:
APPLICATION #:
PART I - APPUCANT INFORMATION
1. Name of Applicant or Organization:
2. Federal Identification Number:
3. Contact Person: Title:
(The contact person is someone who will be in direct contact with DEP)
Street Address/P.O. Box:
City/State:
Telephone: ( )
E-Mail:
4. Type of Applicant (Select One):
Fax: ( )
City or County Government
State Agency, Department: , District:
Federal Agency, Department: , District:
Recognized Indian Tribal Government (projects must be on lands in Florida)
— Organization * SC# (must be State recognized nonprofit)
*Organization as applicant must provide letter of support from land managing
agency. Tab as "Exhibit A."
I hereby certify that the information provided in this application is true and accurate. 1
further certify that i possess the authority to apply for this grant on behalf of the applicant.
Signature of Authorized Representative
OGT-1 0 Page 4 of 20
Date
11
PART II -- PROJECT ,INFORMATION
1. Name of Project:
2. Project Location:
(Show on DOT county road maps or USGS 7 % minute quadrangle sheets):
Tab as "Exhibit B"
Street Address:
City:
County:
-. -
...
3. Ownership (If more than one owner, attach a list of owners and their agents along with
a map clearly showing the location of each ownership).
Site control issues must be resolved by the close of the submission
period (March 31, 2009).
Include a boundary map of the project site, Tab as "Exhibit C"
Include a copy of site control documents (e.g. deed, lease agreement, etc.)
Tab as "Exhibit D"
Owner:
Address:
Phone: �)
Owner's Agent:
FTAXre=
Phone:( )
4. U.S. CONGRESSIONAL DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED:
These should be the district in which the project site is located. If you are not sure of
the district, contact your local office of the Supervisor of Elections.
U.S. Representative's Name:
U.S. House District Number:
OGT-10 Page 5 of 20
v. STATE LEGISLATIVE DISTRICTS IN WHICH THE PROJECT IS LOCATED:
These should be the district in which the project site is located. If you are not sure of
the district, contact your local office of the Supervisor of Elections.
State Senator's Name:
State Senate District Number:
State Representative's Name:
State House District Number:
6. PROJECT DESCRIPTION
Briefly describe the proposed project. Include physical characteristics of the site, such as
land resources, vegetation, fish and wildlife, historical, archaeological resources, previous
land usage and transportation access as well as a description of proposed project
activities. If the project is an equipment purchase, describe the equipment, how it
will be used to benefit recreational trails (include where it will be stored, who will
maintain it, proposed projects for its use and the land managing agency on whose
property equipment will be used). TEXT MUST FIT IN SPACE PROVIDED.
OGT-10 Page 6 of 20
I
PART III - FINANCIAL INFORMATION
1. RTP Funds Requested: Line A $
2. Local Funds Available:
1) Cash: Line B $
2) In -Kind: Line C $
Total Local Funds Available: Line D $
Sum of lines 8 and C
3. Total Cost of Proposed Project: Line E $
Sum of Lines A and D
The Total Project Cost (Line E) must equal the grant request (Line A) plus the total
local funds available (Line D).
4. PROJECT COST ESTIMATE: For each element, please indicate if it is a new facility,
renovation or maintenance of an existing facility, accessibility improvements,
equipment purchase. Costs of planning, permitting and site preparation should be
included within the cost of each element (not to exceed 15% of total project cost).
Quantity
Estimated Cost
New
—Description
Renovations
Maintenance
Accessibility
Equipment
OGT-10 Page 7 of 20
PART IV - 6ENERAL EVALUATrON CWTERV
Provide Conceptual Site Plan. Tab as "Exhibit E"
Provide Photographs of the Project Area. Submit color, on -site photographs sufficient
to depict the physical characteristics of the project area. Tab as "Exhibit F"
Provide Location Map and Directions. Submit a detailed street, road or highway map
precisely locating the project site. Also, provide clear and concise written driving
instructions from the nearest federal or state highway. Tab as "Exhibit G"
Construction of new trails on federal, state, county or municipal lands where
recreational needs for such construction is shown
Development and rehabilitation of trailside and trailhead facilities and trail linkages
Maintenance and restoration of existing trails
Purchase of trail construction or maintenance equipment
2. CAPITAL IMPROVEMENT PLAN
A. The project implements the applicant's adopted local comprehensive plan (city or
county); or the land management or recreation or trail plan of a state or federal agency
and; is included in their Capital Improvement Plan (CIP) or similar plan during the
current year or one of the next three (3) fiscal years: (Include copies of any necessary
documents/plans which clearly indicate the proposed project. Highlight project
name, amount and year.) Tab as "Exhibit H"
Yes No
--- OR---
B. Is the proposed project included as part of the plan through a resolution or agency
commitment committing the applicant to amend their CIP or similar plan to include
the project should the applicant receive program funds: (Include copies of any
necessary documents/plans/resolutions which clearly indicate the proposed project.
Highlight project name, amount and year.) Tab as "Exhibit H"
Yes No
OGT-10 Page 8 of 20
3. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN
Explain how the proposed project would address one or more of the issues or goals
identified in the State Comprehensive Outdoor Recreation Plan. Use the Outdoor
Recreation in Florida — 2000 (SCORP). Provide quotations or other appropriate
references to justify the correlation. Use a separate sheet if necessary.
Tab as "Exhibit l"
4. STATE GREENWAYS AND TRAILS PLAN
Explain how the proposed project would address one or more issues or goals as identified
in the State's Greenways and Trails Plan. Use the Connecting Florida's Communities
with Greenways and Trails — September 1998. Provide quotations or other appropriate
references to justify the correlation. Use a separate sheet if necessary.
Tab as "Exhibit J"
5, ACCESSIBILITY
Describe how the project facilitates and improves the access and use of trails by persons
with disabilities.
OGT-10 Page 9 of 20
6. YOUTH CONSERVATION OR SERVICE CORPS
The project is supported through a written letter of commitment between the applicant and
a recognized youth conservation or service corps in which the corps agrees to supply a
stated amount of labor.
Yes No
If "Yes", submit a copy of the written letter of commitment between the applicant and the
service corps. Written latter must be executed by the end of the submission period and
quantify the amount of labor in monetary units. Tab as "Exhibit K"
7. CONNECTIVITY AND LINKAGES
Describe how the proposed project provides access to or between any of the following:
(A) Public parks or other recreational lands or facilities;
(B) Features or areas of historic, cultural, biological or archaeological significance;
Provide copy of letter from Florida Department of State (Tab as "Exhibit L") and/or
Florida Natural Areas Inventory (Tab as "Exhibit M").
(C) Existing intermodal transportation corridors or trail systems; and/or
(D) Residential populated areas.
OGT-10 Page 10 of 20
8. PUBLIC PARTICIPATION
Please indicate which of the following apply (select all that apply):
A. An advertised public meeting was held solely for the purpose of discussing the
proposed project. Attach a copy of proof of publication for the advertisement.
Meeting must be for the SOLE PURPOSE of discussing the project
proposed in the application. The advertisement should indicate that the
purpose of the meeting is to discuss this RTP grant for this project site.
Meeting must be advertised according to community/agency requirements,
and at a minimum of 72 hours prior to date and time of meeting. Include proof
of date and time advertised. Meetings may not be held on day of application
submittal. Tab as "Exhibit N-1"
B. The project was discussed at a regularly scheduled meeting of the applicant's
advisory board responsible for park, recreation and leisure service activities.
Provide a copy of the agenda and/or minutes of the advisory board meeting(s)
where this project was discussed. The board must be an appointed group of
citizens, such as a parks and recreation advisory board, who would normally
review projects similar to the proposed grant application. Discussion must
take place at a regularly scheduled meeting. Planning and zoning or similar
boards may be used if a parks and recreation advisory board does not exist.
CITY OR COUNTY COMMISSIONS ARE NOT CONSIDERED ADVISORY
BOARDS. Tab as "Exhibit N-2"
C. Public input on the proposed project was obtained through presentations to
community organizations, neighborhood associations and/or a written opinion
surrey. Provide documentation (agenda, minutes or thank -you letter) showing
that presentations regarding this project were made to community
organizations or groups OR provide a copy of the survey instrument and a
summary of the results and explain how the results relate to the proposed
project. Tab as "Exhibit N-3"
9. NATIONAL SCENIC TRAIL OR NATIONAL RECREATION TRAIL
A. The project is located on or connects with the Florida National Scenic Trail:
Yes No
If yes, provide map and documentation (letter from U.S. Forest Service) indicating
connectivity with a certified portion of the Florida National Scenic Trail.
Tab as "Exhibit O"
B. The project is located on or connects with a National Recreation Trail:
Yes No
If "Yes", provide a map and documentation (letter from the National Park Service) indicating
connectivity with a designated National Recreation Trail. Tab as "Exhibit O"
OGT-10 Page 11 of 20
10. STATE OF FLORIDA DESIGNATED RECREATIONAL GREENWAY OR TRAIL
The project is located on or connects with a State of Florida designated greenway or trail.
Yes No
If "Yes", provide a map and documentation (letter from Office of Greenways and Trails)
indicating connectivity. Designation Agreements must be fully executed by end of
submission period. Tab as "Exhibit P"
lifil LL11163112.LeXIT- of
RTP is a matching grant program. Maximum grant award can account for 80% of total
project costs (federal grant amount : grantee's cash and/or in -kind services). Select which
matching ratio applies to this project:
A. 50:50
* Federal Agencies: only 95% of total project costs may be federal dollars. Please
explain the source of funds for remaining 5%.
Source of non -Federal dollars when applicant is Federal Agency:
12. MIXED USE PROJECTS
A. The specific trail design demonstrates that the project will support recreational trail
opportunities for both motorized and nonmotorized use through innovative
techniques such as multiple trails sharing a single corridor, or time sharing of trails or
trailhead facilities, or other innovative corridor sharing techniques.
Yes No
If "Yes", please explain innovative techniques to be employed and address potential user
conflicts. Tab as "Exhibit Q"
OGT-10 Page 12 of 20
0
B. The specific trail design demonstrates that the project will support mixed -use
recreational trail opportunities, either motorized or nonmotorized, through innovative
techniques.
Yes No
if 'Yes', please explain innovative techniques to be employed and address potential user
conflicts. Tab as "Exhibit Q"
PART V - SPECIFIC CRITERIA
1. MOTORIZED PROJECTS Only:
A. The proposed project will: (select only one)
1, develop new motorized recreational trails.
2. repair or restore designated motorized trails impacted by normal use.
3. develop motorized trail facilities on existing motorized recreational trail corridors.
B. The project will support compatible recreational trail use for the greatest number of the
following: (select ALL that apply)
1. Off --Road Motorcycles
2. All -Terrain Vehicles
3. Off -Highway Vehicles (high clearance vehicles)
4. Other Motorized Recreational Trail Use. List all:
2. NONMOTORIZED PROJECTS Only:
A. The proposed project will: (select only one)
1. develop nonmotorized recreational trail facilities on new corridors.
2. develop nonmotorized recreational trail facilities on existing corridors.
_M 3. improve or repair existing nonmotorized recreational trail and/or facilities.
OGT-10- .... .... Page 13 of 20
B. The nonmotorixed project will support compatible recreational trail use for the greatest
number of the following: (select ALL that apply)
1. Bicycling
2. Skating
3. Day Hiking
4. Equestrian Activities
5. Fitness Activities
B. Overnight or Long Distance Backpacking
7. Aquatic Activity
8. Other Nonmotorized Recreational Trail Use. List all:
3. MOTORIZED AND NONMOTORIZED MIXED -USE PROJECTS Only:
A. The motorized/nonmotorixed mixed -use project will: (select only one)
1. develop new mixed -use trails.
2. repair or restore designated mixed -use trails impacted by normal use.
3. develop mixed -use trail facilities on existing motorized recreational trail corridors.
B. The project will support compatible recreational trail use for the greatest number of the
following: (select ALL that apply)
1. Off -Road Motorcycles
2. All -Terrain Vehicles
3. Off -Highway Vehicles (high clearance vehicles)
4. Other Motorized Recreational Trail Use. List:
5. Bicycling
OGT-10 Page 14 of 20
3(8) Motorized/Nonmotorized Mixed -Use Projects Only, Cont.
6. Skating
7. Day Hiking
8. Equestrian Activities
9. Fitness Activities
10. Overnight or Long Distance Backpacking
11. Aquatic Activity
12. Other Nonmotorized Recreational Trail Use. List: 0
OGT-10 Page 15 of 20
PART Vr - SUPPORTING DOCUMENTATION
A T TEI `%TION. • Before you finish your application package, make sure you
have all the necessary support documents prepared and attached. Please use this
list to make sure that all applicable documentation is included. Attach supporting
documents as follows:
NOTE: Four (4) copies of the completed and
PLEASE USE A SOI=T
signed application and all supporting documents
COVERED BINDER,
must be submitted by March 31, 2010.
(1 ari mal and 3 ca ies)
A. Organizations provide a Letter of Support from
land managing agency. Agency must state that it
A
accepts the post completion requirements as
outlined in Chapter 62S-2 F.A.C.
B. Show project location on DOT County Road
Maps or USGS i / Minute Quadrangle
B
Sheets. Include beginning and ending points.
C. Boundary Map of the project area:
The map must provide a description and sketch
C
of the project area boundaries, display known
easements and be legally sufficient to identify
the project area. Plat maps may be accepted if
the above criteria are identified.
Aerial photographs are not accepted as
boundary maps.
D. Site Control (e.g., deed, lease):
Submit a copy of the site control document for
the project site, If submerged lands are included
in the development area, provide a legal
document (i.e., permit, management agreement,
etc.) which indicates permission to use and
develop the submerged lands.
Site control must be effective by the close of
thq_ submission period.
OGT-10 Page 16 of 20
E. Conceptual Site Plan for development
of the project area: Submit a conceptual
site plan displaying the areas and
facilities to be developed as proposed in
the scope of the application. The site
plan must correlate with the project area
identified in the project boundary map
and cost estimate. The site plan must
CLEARLY DELINEATE between
facilities/opportunities currently existing,
facilities proposed for funding in this
application and facilities planned for
future development. Color code your
site plan to Indicate facilities that are
existing, proposed for funding and
planned for future development (not
In this project).
F. Photographs of the Project Area:
Submit color, on -site photographs
sufficient to depict the physical
characteristics of the project area.
Provide color photographs for all four
copies of your application. Label photos
as to what and where. Aerial
photographs are requested, but not
required. Please mark an approximate
boundary of the Project Site and note
major roads and/or landmarks on the
aerial photo (note — this is not the
boundary map).
G. Location Map and Directions:
Submit a detailed street, road or
highway map precisely locating the
project site. Also, provide clear and
concise written driving instructions from
the nearest federal or state highway.
NOTE: Please confirm that street names
listed in the written directions are the
same as those posted on street signs in
the area.
OGT-10 Page 17 of 20
K Capital improvements Schedule or a
copy of a resolution amending the
H
existing schedule to include the
proposed project. State or federal
agencies provide copy of their land
management or recreation or trail plan.
I. SCORP objectives support
documentation. Written response to
Part IV, Item 3, Page 9 of this
application. Include detailed narrative
explaining how this project implements
one or more of the outdoor recreation
trails related goals and objectives as
listed in the 2000 SCORP.
J. State Greenways and Trails Plan
support documentation. Written
J
response to Part IV, Item 4, Page 9 of
this application. Include detailed
narrative explaining how this project
implements one or more of the goals
and objectives as indicated in the 1998
State Trails Plan.
K. Service Corps: Copy of letter of
commitment between applicant and
K
recognized youth conservation or
service corps, in which the corps agrees
to supply stated amount of labor. Refer
to 42 U. S. C. 12572 and 42 U. S. C. 12656
for definitions. Scout troops and
similar groups do NOT qualify.
AmerlCorps is a recognized service
corps.
L. Department of State letter to verify that
a project is for archaeological/
L
historic/cultural preservation purposes.
M. FNAi letter to verify resources protected
by project.
M
OGT-10
Page 18 of 20
N. Public Participation Documentation.,
1. Copy of public meeting advertisement
for SOLE PURPOSE of discussing the
project.
Meeting must be advertised according to
community/agency requirements, at a
minimum of 72 hours prior to date and
time of meeting. Include proof of date
and time advertised. Meetings may not
be held on day of application submittal.
Must be held between April 1, 2009 and
March 31, 2010.
2. Agenda and/or minutes of
REGULARLY SCHEDULED
advisory board meeting.
3. Documentation of PRESENTATION
to community groups (agenda, letter
of thanks, etc. OR ...
A copy of the SURVEY instrument
and a summary of the results as they
relate to the proposed project.
O. letter from U.S. Forest Service
documenting this project is located
along or directly connects to a certified
portion of the Florida National Scenic
Trail. OR ...
Letter from National Park Service
documenting this project is located
along or directly connects with a
designated National Recreation Trail.
P. letter from Office of Greenways & Trails
documenting project this is located
along or directly connects with an OGT
designated State of Florida Greenway
or Trail.
Q. Mixed Use Projects: Explanation of
innovative techniques to be employed
Q
(address potential user conflicts).
OGi-10 Page 19 of 20
PART VII - CONTACT' FOR ADDITIONAL INFORMATION
RTP Application Information
& Assistance
850-245-2052
Florida Statewide
Greenways &Trails Plan
850-245-2052
Department of State
850-245-6339
Florida Natural Areas
Inventory (FNAI)
850-224-8207
2000 Statewide
Comprehensive Outdoor
Recreation Plan (SCORP)
850-245-3051
U.S. Forest Service
(National Scenic Trail)
850-523-8576
National Park Service
(National Recreation Trails)
504-589-3882, ext 140
OGT-10 Page 20 of 20
T 10023
(RTP Project Number)
T 1023
(DEP Project Agreement #)
CFDA # 20.219
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
FISCAL YEAR 2011 - 2012
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 City of Tamarac, Florida, whose address is 7525 NW 88th Avenue,
Tamarac, Florida 33321 (hereinafter referred to as the "Grantee" or "Recipient"), in
furtherance of a recreational trail project, Mainlands Recreat* nal Trail to be described
herein. The execution date of this Project Agreement is .�-rr 0?7'
WHEREAS, the Department receives funds for the purpose of passing through the
agency as grants to other entities in accordance with Chapter 260, Florida Statutes; and,
WHEREAS, the Department receives funds for such grants from the Federal Highway
Administration to fund such grants; 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:
1. This Project Agreement shall be ffective upon execution of this Project Agreement
and end no later than �Z 4, .2!L2 , 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 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
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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 mixed -use non -motorized recreational trail is the
primary purpose of the project known as Mainlands Recreational Trail, RTP Project
Number T10023, (hereinafter referred to as "Project"), and enters into this Project
Agreement with the Grantee for development of recreational trail facilities and
improvements on real property controlled by the Grantee through ownership or
other interest. The legal description and approved method of site control of said
real property are set forth in full in the Project application. Attachment A, Grant
Work Plan, attached hereto and made a part hereof, includes a description of the
Project, detailed budget, and anticipated 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.
5. The Grantee shall construct, or cause the construction of, specified recreational trail
facilities and improvements, (hereinafter referred to as "Project Elements"), upon the
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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:
construct 7,000 linear feet, 9 foot wide, hard surface walking trail with fitness
equipment, related support facilities. 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.
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) 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 th e 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 $248,998 toward the total
project cost described in the approved Project application and Attachment
A.
Program fund limits are based upon the following:
Total Grantee Amount $248,998 (paid by the Department)
Grantee Match Amount $248,998 (paid by the Grantee)
Total Project Cost $497,996
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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.
C. Travel expenses will not be reimbursed under the terms and conditions of this
Project Agreement.
D. 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 (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). 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 httl2://www.access..qpo.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.html#numerical.
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
Agreement, the following federal cost principles are incorporated by
reference.
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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 -
The Department's Grant Manager shall, within sixty (60) days after receipt of
a complete payment request, review the submitted documentation and
Project work accomplished to date, and, if complete pursuant to
requirements of this Project Agreement, approve the request for payment.
G. The Department shall reimburse the Grantee up to ninety (90) percent 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 fiI payment request must
be submitted to the Department no later than (- I e a7�� /y
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.)
11 The Department and the Grantee fully understand and agree that there shall be no
reimbursement of funds by the Department for any obligation or expenditure made
prior to the execution of this Project Agreement with the exception of $0 for
planning, permitting, or design performed on or after August 3, 2010.
12. The Grantee shall adhere to the State of Florida Department of Environmental
Protection, Office of Greenways and Trails' Accountability Procedures,
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incorporated into this Project Agreement by reference as if fully set forth herein. The
Accountability Procedures establish uniform guidelines and procedures to be
utilized by the Department and the Grantee in accounting for grant funds
disbursed under the Program and sets forth principles for determining eligible costs,
supporting documentation and minimum reporting requirements. Expenses,
representing the grant amount and 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 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 24 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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C. In addition, the Grantee agrees to complete and submit the Certification of
Applicability to Single Audit Act Reporting, Attachment C, attached hereto
and made a part hereof, within four (4) months following the end of the
Grantee's fiscal year. Attachment C shall be submitted to the Department's
Grants Development and Review Manager at 3900 Commonwealth
Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants
Development and Review Manager is available to answer any questions at
(850) 245-2361.
14. 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, 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) 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
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.
15. A. If for any reason the Grantee should fail to fulfill in a timely manner the
obligations under this Project Agreement, or if the Grantee should violate
any of the terms or conditions of this Project Agreement, the Department
shall thereafter have the right to terminate this Project Agreement without
prior notice. 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.
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 119.07(1), 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.
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This time period may be extended by the Department for good cause, such
as natural disaster.
16. A. The Grantee may subcontract work under this Project Agreement without
the prior written consent of the Department's Grant Manager. The payment
terms of subcontracts (other than construction and the purchase of
commodities) shall comply with the terms of this Project Agreement (for
example, if payment under this Project Agreement is being made on a cost
reimbursement basis, then the subcontract shall also be cost
reimbursement). 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.
17. 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.
18. 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
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].
19. 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
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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.
20. 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.
21. 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) 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.
22. 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.
23 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.
24. 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, Michael Gresek, 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) days of the change.
25. 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
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Agreement by the Department shall constitute an acceptance of said dedication
on behalf of the general public of the State of Florida.
26. 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.
27. 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.
28. 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 as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
The State of Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be directed
to the Florida Department of Management Services, Office of Supplier
Diversity at 850/487-0915.
29. A. The Grantee's accounting systems must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must
be accounted for separately. The Grantee is prohibited from commingling
funds on either a program -by -program or a project -by -project basis. Funds
specifically budgeted and/or received for one project may not be used to
support another project. Where the 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.
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B. If the Department finds that these funds have been commingled, the
Department shall have the right to demand a refund, either in whole or in
part, of the funds provided to the Grantee under this Project Agreement for
non-compliance with the material terms of this Project Agreement. The
Grantee, upon such written notification from the Department shall refund,
and shall forthwith pay to the Department, the amount of money
demanded by the Department. Interest on any refund shall be calculated
based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the dates) the original payment(s) are
received from the Department by the Grantee to the date repayment is
made by the Grantee to the Department.
C. In the event that the Grantee recovers costs incurred under this Project
Agreement and reimbursed by the Department from another source(s), the
Grantee shall reimburse the Department for all recovered funds originally
provided under this Project Agreement. Interest on any refund shall be
calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s) the payment(s)
are recovered by the Grantee to the date repayment is made to the
Department by the Grantee.
30. 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 his 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.
31. 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.
32. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department, agrees to carry adequate liability and other
appropriate forms of insurance. The Department shall have no liability except as
specifically provided in this Project Agreement.
33. Reimbursement for equipment purchases is not authorized under the terms and
conditions of this Project Agreement.
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34. 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.
35. 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.
36. 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.
37. 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. 595
Tallahassee, Florida 32399-3000
Grantee's Grant Manager:
Michael Gresek, Special Projects Coordinator
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
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) days of the change.
38. 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.
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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.
39. The Grantee agrees to comply with, and include as appropriate in contracts and
subgrants, the provisions contained in Attachment D, Contract Provisions, attached
hereto and made a part hereof. In addition, the Grantee acknowledges that the
applicable regulations listed in Attachment E, Regulations, attached hereto and
made a part hereof, shall apply to this Project Agreement.
40. 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.
41. If a court deems any provision of this Project Agreement void or unenforceable,
that provision shall be enforced only to the extent that it is not in violation of law or
is not otherwise unenforceable and all other provisions shall remain in full force and
effect.
42. 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 11/11
DEP Project Agreement No. T1023 , Page 13 of 14
No Text
The parties hereto have caused these presents to be duly executed the day and
year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Donald V. Forgione
Director
Division of Recreation and Parks
Date: 7-1A
'd & aLs:�:
Dep rime is Grarit Manager
Approved as to form and sufficiency:
CITY OF TAMARA , FLORIDA
Type Name: _t\ C . Gc—rnecl.,
Title: C--�—`'J M eo-L^ c-Cr
Date: 1-1 I �! — t .1_.--
Address:
7525 NW 88th Avenue
Tamarac, Florida 33321
Approved as to form and sufficiency:
� qr�A & -, 4 n 11-t
Grantee's Attor y (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 (3 Pages)
Attachment B Special Audit Requirements (5 Pages)
Attachment C Certification of Applicability to Single Audit Act Reportinq_(3 Pages)
Attachment D Contract Provisions (3 Pages)
Attachment E Regulations (1 Page)
Revised 11/11
DEP Project Agreement No. T1023 , Page 14 of 14
No Text
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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", 7DEP" 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.
li���lll���71►[�
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.
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.
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).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at htti):HI2.46.245.173/cfda/cfda.htmi.
DEP 55-215 (03/09)
DEP Agreement No. T1023, Attachment B, Page 1 of 5
No Text
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 l; 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://apps.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 httD://www.state.fl.us/audaen.
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. T1023, Attachment B, Page 2 of 5
No Text
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 loth 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. ovg /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
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. T1023, Attachment B, Page 3 of 5
No Text
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. T1023, Attachment B, Page 4 of 5
No Text
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ATTACHMENT C
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name: Tamarac, City of
Grantee Fiscal Year Period: FROM: TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct.
Signature
Print Name and Position Title
DEP Agreement No. T1023, Attachment C, Page 1 of 3
Date
No Text
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP.
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP.
E.1
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date of the signature.
DEP Agreement No. T1023, Attachment C, Page 2 of 3
No Text
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
1. Question: Do I complete and return this form when I return my signed
Agreement/Amendment?
Answer: No, this form is to be completed and signed by your Chief Financial Officer
and returned 4 months after the end of your fiscal year.
2. Question: Can I fax the form to you?
Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411.
3. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system. This is just to let our Office of the Inspector General know which
entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit, only the Certification form.
4. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific
to DEP on the form.
5. Question: Do I have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is
fine.
6. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
2" d notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie. skeltongdep.state. fl.us
DEP Agreement No. T1023, Attachment C, Page 3 of 3
No Text
ATTACHMENT D
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 '/2 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. T1023, Attachment D, Page 1 of 3
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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. T1023, Attachment D, Page 2 of 3
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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
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DEP Agreement No. T1023, Attachment D, Page 3 of 3
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ATTACHMENT E
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. T1023, Attachment E, Page 1 of 1
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