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RESOLUTION 85-18075 RESOLUTION NO. 85-18075 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR CONSTRUCTION OF PROMENADE, LANDSCAPING AND RELATED SUPPORT FACILITIES AND IMPROVEMENTS AT LUMMUS PARK. WHEREAS, the Florida Legislature has appropriated and the Governor and Cabinet of Florida have authorized the expenditure of $Z00 ,000. 00 as a grant-in-aid to the City of Miami Beach from the Land Acquisition Trust Fund created by and pursuant to Section 375. 041, Florida Statutes, toward the development of Lummus Park; and WHEREAS, an agreement has been prepared between the City of Miami Beach and the State of Florida Department of Natural Resources for construction of a promenade, landscaping and related support facilities; and WHEREAS, the City Attorney has reviewed the Agreement as to form and content and the City Manager has recommended its execution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are authorized to execute the Agreement between the City of Miami Beach and the State of Florida Department of Natural Resources for construction of a promenade, landscaping and related support facilities and improvements at Lummus Park PASSED and ADOPTED this 1st day of May 1985. 4 ayor Attest: Crit Clerk FORM APPROVED LEGAL DEPT. By Al aCIAluar Date4-te-P"( ..- .._. MLB/j hd OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 eite, /(4zøt I 6 cad _--j-0,., FLORIDA3 3 1 3 9 ,. 114Y i -41 *3.INCORP,ORATED * "V.4( 4 TIO NL A NIS U. S. A. '' ..,;kii,-,-- OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. e (a k) DATE: May 1, 1985 TO: Mayor Malcolm H. Fro s. . • I . d Members of the -. y Commi : on Rob W. Parki / P '� FROM•. if City Manager A.4,!, SUBJECT: STATE GRANT FOR LUMMUS PARK The State of Florida, as previously reported, has approved the $200,000 grant for the expansion of Lummus Park. As a final step in the paperwork process, it is now necessary for the City Commission to adopt a resolution authorizing the Mayor and City Clerk to sign the formal contract. The resolution and contract are appended to this memorandum. t ADMINISTRATION RECOMMENIDATION: The Administration recommends that the appended resolution and contract be approved. RWP:PDY:jh 1 AGENDA ITEM _ . DATE -61— i— 85 ( DNR Contract Number ) FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Agreement F84-003 ( Project Number ) This Project Agreement made and entered into this day of , , by and between the State of Florida Department of Natural Resources, hereinafter called DEPARTMENT, and City of Miami Beach , hereinafter called the PROJECT SPONSOR, in furtherance of an approved public recreation project involving the parties hereto in pursuance of which the parties hereto agree as follows : - - 1 . The Florida Legislature has appropriated and the Governor and Cabinet of Florida has authorized the expenditure of $ 200,000 as a grant-in-aid to the PROJECT SPONSOR from the Land Acquisition Trust Fund, created by and pursuant to Section 375 041, Florida Statutes, towards the development of Lummus Park 2 . The DEPARTMENT has found that public recreation is the primary purpose of said project and enters into said Project Agreement with the PROJECT SPONSOR for construction of recreation facilities and improvements on real property, the legal des- cription of which is set forth in Exhibit "A", attached . 3 . The PROJECT SPONSOR will construct, or cause the con- struction of, certain recreation facilities and improvements in accordance with the following project elements : Promenade, landscaping and related support facilities and improvements. 4 . The PROJECT SPONSOR shall have all final development plans ( site, architectural, engineering) for said project prepared and certified by a registered architect or engineer . Prior to com- mencement of project construction, the PROJECT SPONSOR shall pro- Page 1 of 7 DNR 1/31/85 vide for DEPARTMENTAL approval a certified site development plan of the project along with a list identifying the number and types of project recreation and support facilities to be constructed ; impro- vements to be made and associated project expenses . These docu- ments ocu-ments shall become Exhibit "B" to the Project Agreement . 5 . The PROJECT SPONSOR agrees to operate and maintain said project , to the DEPARTMENT ' S satisfaction , for a minimum period of twenty-five (25) years from the date of project completion , subject to availability of funds , and will pay all such expenses as a PROJECT SPONSOR expense . Said project shall be open for public use ; shall be maintained in accordance with applicable health standards and shall be kept reasonably safe for public use . Project facilities and improvements shall be kept in reasonable repair to prevent undue deterioration and to encourage public use . The PROJECT SPONSOR covenants that it has full legal authority and financial ability to operate and maintain said project facilities and improvements . The PROJECT SPONSOR shall access and take appropriate actions to alleviate potential hazardous situations (dangerous tides and currents , alligators , traffic congestion , storm damage , etc . ) which might affect the using public . 6 . The DEPARTMENT shall pay , on a reimbursement basis , to the PROJECT SPONSOR such grant funds , up to $ 200,000 which will pay said grant share of the cost of the project . Grant fund limits are based upon the following : Matching Basis Grant Amount $ 200,000 ( 2/3 ) Project Sponsor Match $ 100,000 ( 1/3 ) Type of Match Cash Grant funds may be released by the DEPARTMENT in no more than Page 2 of 7 DNR 1/ 31/85 2 three ( 3) payments to include the final payment . The Contract Manager shall , within sixty ( 60) days after receipt of a payment request , review the work accomplished to date on the project and , • if in order , approve the request for payment . The DEPARTMENT shall , as part of the final payment , retain $ 20,000 of the entire grant amount until project construction is completed by the PROJECT SPONSOR and the DEPARTMENT accepts all required final project documentation . 7 . Eligible costs for constructing said project are defined in the Grant Accountability Policy described in Exhibit "C" , attached . Project expenses incurred by the Project Sponsor in constructing said project shall be reported to the DEPARTMENT and summarized on certification forms provided in Exhibit "C" . The PROJECT SPONSOR shall retain all records supporting these costs for three years after the fiscal year In which the final grant payment is released by the DEPARTMENT , except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation , claim , or audit that started prior to the expiration of the three-year retention period . { 8 . The DEPARTMENT and the PROJECT SPONSOR 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 said Project Agreement with the exception of $ for :0 NONE 9 . All purchases of goods and/or services by the PROJECT SPONSOR for accomplishment of said project shall be negotiated at a minimum , in accordance with the provisions of Chapter 287 , Part I , Florida Statutes and related Rules of the Administrative Code in effect at the time such purchases are made , except that Page 3 of 7 DNR 1/ 31/85 3 single source or emergency purchases shall be subject to authori- zation by the DEPARTMENT in lieu of the Department of General Services . Written documentation supporting such compliance shall be maintained by the PROJECT SPONSOR. 10 . The PROJECT SPONSOR shall complete all project construction within eighteen months (18) months from the effective date of said Project Agreement . 11 . Collier Clark , Planner ( Name ) (Title ) or successor , is hereby designated as the DEPARTMENT ' S Contract Manager for the purpose of said Project Agreement and shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment . The PROJECT SPONSOR shall appoint a Liaison Agent , whose name and title shall be submitted to the DEPARTMENT upon execution of said Project Agreement , to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement . The PROJECT SPONSOR ' s Liaison Agent shall submit to the DEPARTMENT project status reports every sixty ( 60) days summarizing the work accomplished , problems- encountered , roblems-encountered , percentage of completion and other appropriate information . Photographs shall be submitted when appropriate to 1 reflect the work accomplished . 12. Upon completing construction of said project , the PROJECT SPONSOR shall submit to the DEPARTMENT the following final project documentation : (1 ) reimbursement request for the final grant payment ( 2) an inventory of constructed project facilities i signed and dated by the liaison agent , ( 3) an as-built site plan prepared , signed and dated by the architect or engineer responsible for preparing the final project plans , ( 4) photographs or color slides of the completed facility , including the permanent iden- tification den- tification sign required in Paragraph No . 14 , ( 5) a departmental Post-Completion Certification , and ( 6) a statement certifying compliance with the conditions set forth in Paragraph No . 9 . The Page 4 of 7 DNR 1/ 31/85 4 DEPARTMENT will , upon acceptance of this documentation and following an on-site inspection of said project for compliance to said Project Agreement , release the grant final payment to the PROJECT SPONSOR. 13 . Facilities constructed for said project shall comply with Sections 553 . 45-48 , Florida Statutes , relating to handicapped accessibility . 14 . The PROJECT SPONSOR shall erect a permanent identification sign crediting the Florida Legislature and the DEPARTMENT as funding sources . 15 . The PROJECT SPONSOR agrees to provide the DEPARTMENT • with annual attendance reports at such time the project is opened for use by the general public . Said attendance reports shall be submitted to the DEPARTMENT during the month of July of each year and shall provide attendance records for a one-year period beginning on July 1 of the previous year and ending on June 30 , such period constituting one fiscal year . 16 . Should a user fee system be implemented for said project , such fees shall be imposed uniformly upon all users without regard { to age , sex , race , other condition , or the political subdivision i in which the user may reside . If requested by the PROJECT SPONSOR ' ` C i c si t. and authorized by the DEPARTMENT , special allowances may be made for certain classes or groups of users . • 17 . All moneys expended by the PROJECT SPONSOR for the purposes contained herein shall be subject to preaudit review and approval by the Comptroller of Florida in accordance with Section 17 .03 , Florida Statutes . Supporting documentation for expenditures shall be provided by the PROJECT SPONSOR in accordance with the Grant Accountability Policy , attached as Exhibit "C" . 18 . The PROJECT SPONSOR agrees to save and hold harmless the DEPARTMENT , its officers , agents , and employees from any and all liabilities , claims , actions , damages , awards and judgements , to the extent allowed by law , arising from the PROJECT SPONSOR ' s Page 5 of 7 DNR 1/31/ 85 5 } obligations contained herein to construct , operate and ■aintain the project . 19 . The DEPARTMENT reserves the right to inspect saidp ro- j ect and any and all records related thereto at any time . 20 . Said Project Agreement may be unilaterally cancelled by the DEPARTMENT in the event the PROJECT SPONSOR refuses to allow public access to all documents , papers , letters , or other material made or received in con j uction with the Project Agreement pursuant to the provisions of Chapter 119 , Florida Statutes . 21 . Following receipt of an audit report identifying p Y 8 an Y reimbursement due the DEPARTMENT for non-compliance by the PROJECT SPONSOR with said Project Agreement , the PROJECT SPONSOR will be allowed a maximum of sixty ( 60) days to submit additionalP ertinent documentation to offset the amount identified as being due the DEPARTMENT . The DEPARTMENT , following a review of the documentation submitted by the PROJECT SPONSOR, will inform the PROJECT SPONSOR of any reimbursement due the DEPARTMENT . 22 . The DEPARTMENT shall have the right to demand a refund , either in whole or part , of the funds provided to the PROJECT SPONSOR, for non-compliance with the terms of said Project Agreement , greement , and the PROJECT SPONSOR upon notification from theDEPARTMENT, EPARTMENT, agrees to refund , and will forthwith pay , the amount of money demanded -- which payment shall be made directly to the DEPARTMENT. 23 . For any year in which said Project Agreement extends beyond the end of the DEPARTMENT 'S fiscal year (June 30) , then performance by the DEPARTMENT under said Project Agreement j g shall be subject to and contingent upon the availability of monies lawfully appropriated to the DEPARTMENT for the purposes of said Project Agreement . 24 . If reimbursement of travel expenses is provided for in said PROJECT AGREEMENT, then such reimbursement shall be subject to Page 6 of 7 DNR 1/31/85 6 the requirements of Section 112 . 061 , Florida Statutes . 25. The PROJECT SPONSOR and the DEPARTMENT mutually agree ree to the following special terms and conditions incorporated as part of said Project Agreement : The PROJECT SPONSOR shall comply with all applicable federal, state, county and municipal laws, ordinances or rules and shall obtain any other permits, management agreements or leases which may be required by federal, state, county or municipal law. Copies of such permits, management agreements or leases or a written statement that none are required shall be submitted to the DEPARTMENT before authorization to commence construction will be given by the DEPARTMENT. IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed by the officers and agents thereunto . lawfully authorized . STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES City of Miami Beach By : By : Dr . Elton J. Gissendanner Its Agent for this Purpose Executive Director P Attest : Attest : 4 DN Contract Administrator4 /24$__..q.)651414.4e (I)alL DNR Contract Manager 1 Approved as to 1 Form and Legality : .t i C- i ---CL— .,_,,z1,_ , _ .. FORM APPROVED DNR Attorney LEGAL DEPT 8y 1)1 Gteth/AV Date i-/ix-v, Page 7 of 7 DNR 1/ 31/85 7 ORIGINAL RESOLUTION NO. 85-18075 (Authorizing the Mayor and the City Clerk to execute an agreement between the City of Miami Beach and the State of Florida Depart ment of Natural Resources for construction of promenade, landscaping and related sup- port facilities and improvements at Lummus Park)