96-22054 RESO
RESOLUTION NO.
96-22054
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA AUTHORIZING THE APPLICATION FOR A $100,000 GRANT FROM
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF
RECREATION AND PARKS, FOR THE PURPOSE OF RENOVATING THE PEDESTRIAN
WALKWAYS AND PLANTING ADDITIONAL TREES IN LUMMUS PARK, TO BE MATCHED
WITH $100,000 OF CITY FUNDING, AS RECOMMENDED IN THE APPROVED $15
MILLION GENERAL OBLIGATION BOND PROGRAM TO RENOVATE, AND REBUILD
PARKS AND RECREATION FACILITIES WITHIN THE PARK SYSTEM IN MIAMI
BEACH; AND APPROPRIATING THE GRANT, IF APPROVED AND ACCEPTED BY THE
CITY, IN THE WORK ORDER FOR THE LUMMUS PARK GENERAL OBLIGATION BOND
PROGRAM RENOVATION PROJECT, WHEN ESTABLISHED.
WHEREAS, a Florida Recreation Development Assistance Program Grant is
available through the Florida Department of Environmental Protection, Division
of Recreation and Parks for purpose of assisting local governmental agencies to
acquire or develop land for outdoor recreational purposes; and
WHEREAS, the City has made a commitment to renovate and rebuild its Park
and Recreation system as demonstrated by the approval of the $15 million General
Obligation Bond Program; and
WHEREAS, the renovation of the pedestrian walkways
additional trees at Lummus Park are projects included in
General Obligation Bond Program, at a cost of $200,000; and
and planting of
the $15 million
WHEREAS, the FRDAP grant program will fund fifty percent (50%) of the
Project cost, up to $100,000 for projects costing over $150,000, and the cost of
the proposed Lummus Park Project is an acceptable match for this requirement.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA that the appropriate application to the Florida
Department of Environmental Protection's Florida Recreation Development
Assistance Program in the amount of $100,000, for the purpose of renovating the
pedestrian walkways and planting additional trees in Lummus Park, be made by the
City Administration, and that the amount of $100,000 from the approved $15
million General Obligation Bond program, for Lummus Park, be approved as the
matching fund; and if the grant is approved and accepted by the City, it is
appropriated into the Work Order for the Lummus Park General Obligation Bond
Program Renovation Project, when established; and authorize the Mayor and City
Clerk to execute all necessary documents regarding this Resolution.
PASSED and ADOPTED this
17th ~Ul\~96 ~
~-~\.\~~
\,) \<....~ MAYOR
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CITY CLERK
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LEG~.
ByAti_
Date .1/i.J~-_.
CITY OF
MIAMi
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139
COMMISSION MEMORANDUM NO. -!:l2. '2 - ~ '-
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
July 17, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE APPLICATION FOR A $100,000 GRANT
FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF
RECREATION AND PARKS, FOR THE PURPOSE OF RENOVATING THE PEDESTRIAN
WALKWAYS AND PLANTING ADDITIONAL TREES IN LUMMOS PARK, TO BE MATCHED
WITH $100,000 OF CITY FUNDING, AS RECOMMENDED IN THE APPROVED $15
MILLION GENERAL OBLIGATION BOND PROGRAM TO RENOVATE, AND REBUILD
PARKS AND RECREATION FACILITIES WITHIN THE PARK SYSTEM IN MIAMI
BEACH; AND APPROPRIATING THE GRANT, IF APPROVED AND ACCEPTED BY THE
CITY, IN THE WORK ORDER FOR THE LUMMOS PARK GENERAL OBLIGATION BOND
PROGRAM RENOVATION PROJECT, WHEN ESTABLISHED.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the attached
Resolution authorizing the submission of a grant application to the Florida
Department of Environmental Protection, Division of Recreation and Parks for the
purpose of funding a portion of the restoration of Lummus Park, authorizing a
match of $100,000 of City funds, as recommended in the approved $15 Million
General Obligation Bond Program to renovate, and rebuild Parks and Recreation
Facilities within the Park System in Miami Beach; and appropriating this grant,
if approved and accepted by the City, in the work order for the Lummus Park
General Obligation Bond Program Renovation Project, when established.
BACKGROUND:
The State of Florida allocates funding annually to the Florida Department of
Environmental Protection, Division of Recreation and Parks for the purpose of
assisting local governmental entities to acquire or develop land for outdoor
recreation purposes. These funds are made available to eligible governmental
applicants through the Florida Recreation Development Assistance Program (FRDAP).
Examples of eligible projects include but are not limited to picnic facilities,
bicycle trails, fishing piers, and boardwalks.
DATE
c..'7~
'7-ll-Cf~
AGENDA ITEM
Commission Memorandum
July 17, 1996
Page 2
Lummus Park is a regional and international destination and is the signature park
of Miami Beach and the front lawn to its historic Art Deco district. It is
enjoyed on a daily basis by thousands of residents, tourists and day guests.
Lummus Park offers the opportunity for exercise, a peaceful walk, a place to
meet friends or a quiet respite to stop and take in the beauty of the ocean.
ANALYSIS:
On June 19, 1996 the City Commission approved the General Obligation Bond Parks
Master Plan for the restoration of the City's Park system. Included in this
plan are enhancements for Lummus Park. These include walkways, restroom
restorations, irrigation and landscaping. The total recommended improvements
are $888,236.40. The restoration of walkways and planting of trees are eligible
costs to be funded by this grant source and if approved will contribute
significantly to the Lummus Park project.
CONCLUSION:
The Administration recommends that the City Commission adopt the attached
Resolution.
JGg?tt~
F8057
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this
;)\..p
day of
,,\,y\\ K,-~.,(
,19th, by and between the State of Florida, DEPARTMENT of
Environmental Protection, hereinafter called the DEPARTMENT, and the City of
Miami Beach, hereinafter called the GRANTEE, in furtherance of an approved
public outdoor recreation project. In consideration of the mutual covenants
contained herein and pursuant to Sections 370.023, 375.021 and 375.075,
Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code,
the parties hereto agree as follows:
1. This Agreement shall be performed in accordance with Sections
370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall
comply with all provisions of the RULE, which is incorporated into this
Agreement by reference, as if fully set forth herein. Failure to comply
with provisions of the RULE may result in cancellation of the Agreement by
the DEPARTMENT. Disputes concerning the interpretation or application of
this Agreement shall be resolved by the DEPARTMENT whose decision shall be
final and binding on the GRANTEE. The DEPARTMENT may cancel this Agreement
for failure by the GRANTEE to perform pursuant to the terms and conditions
Page 1 of 13
of this Agreement. It is the intent of the DEPARTMENT and the GRANTEE that
none of the provisions of Section 163.01, Florida Statutes, shall have
application to this Agreement.
2. The DEPARTMENT has found that public outdoor recreation is
the primary purpose of the project known as Lummus Park Renovations (Florida
Recreation Development Assistance Program, FRDAP Project Number F98057),
hereinafter called the PROJECT, and enters into this Agreement with the
GRANTEE for construction of public outdoor recreation facilities and
improvements on real property, the legal description of which is set forth
in the PROJECT application. The PROJECT application is incorporated into
this Agreement by reference as if fully set forth herein.
3. The GRANTEE will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements consisting of
the following PROJECT elements which may be modified for good cause by the
DEPARTMENT: reconstruction of walkways, landscaping and other related
support facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis,
to the GRANTEE, funds not to exceed $100,000.00, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount
$ 100,000.00
$ 100,000.00
50%
GRANTEE Match
50%
Type of Match Cash and/or In-Kind Services
Page 2 of 13
The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. The
DEPARTMENT'S Contract Manager shall, within sixty (60) days after receipt of
a payment request, review the work accomplished to date under this Agreement
and, if the work and payment request are in accordance with all applicable
requirements, approve the request for payment. The DEPARTMENT shall retain
10% of the entire DEPARTMENT amount until completion of the PROJECT and all
PROJECT completion documentation, as described in the Florida Recreation
Development Assistance Program Completion Documentation, DEP Form 42-006, is
submitted to the DEPARTMENT by the GRANTEE.
5. Prior to commencement of PROJECT construction, the GRANTEE
shall submit for DEPARTMENT approval the documentation described in the
Florida Recreation Development Assistance Program Development Project
Commencement Documentation Form, DEP Form 42-005.
6. The GRANTEE shall comply with the Division of Recreation and
Parks' Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, and incorporated into this Agreement by reference as if fully set
forth herein. The GRANTEE shall ensure that all purchases of goods and
services for accomplishment of the PROJECT shall be secured in accordance
with the GRANTEE'S adopted procurement procedures. Expenses representing
the PROJECT costs, including required matching contribution, shall be
reported to the DEPARTMENT and summarized on certification forms provided in
the PROCEDURE. The PROCEDURE establishes uniform guidelines to be utilized
Page 3 of 13
by the DEPARTMENT and the GRANTEE in accounting for PROJECT funds disbursed
under the PROJECT and sets forth principles for determining eligible costs,
supporting documentation and minimum reporting requirements.
7. The GRANTEE shall retain all records supporting PROJECT costs
for three (3) years after the fiscal year in which the final PROJECT payment
was released by the DEPARTMENT or until final resolution of matters
resulting from any litigation, claim or audit that started prior to the
expiration of the three-year retention period. The DEPARTMENT, State
Auditor General, State Comptroller and other agencies or entities with
jurisdiction shall have the right to inspect and audit the GRANTEE'S records
for said PROJECT within the retention period.
8. PROJECT funds may be reimbursed for eligible costs incurred
by GRANTEE prior to execution of this Agreement if the GRANTEE has been
granted a written Waiver of Retroactivity by the DEPARTMENT and all
applicable requirements have been satisfied. The DEPARTMENT and the GRANTEE
fully understand and agree that there shall be no reimbursement of PROJECT
funds by the DEPARTMENT for any obligation or expenditure made prior to the
execution of this Agreement with the exception of $-0-, for: None
9. This Agreement shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT elements on or before
\
....X,,'.{\\)::, 1'1 0 \ J(~'CX\. The completion date may be extended by the
{ I
DEPARTMENT for good cause at the written request of the GRANTEE and must be
made prior to PROJECT completion date.
Page 4 of 13
10. The DEPARTMENT'S Contract Manager for the purpose of this
Agreement shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment.
The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or
successor, shall act on behalf of the GRANTEE relative to the provisions of
this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT
signed PROJECT status reports every ninety (90) days summarizing the work
accomplished, problems encountered, percentage of completion and other
appropriate information. Photographs shall be submitted when appropriate to
reflect the construction work accomplished.
11. All monies expended by the GRANTEE for the purpose contained
herein shall be subject to pre-audit review and approval by the Comptroller
of Florida in accordance with Section 17.03, Florida Statutes.
12. Each party hereto agrees that it shall be solely responsible
for the wrongful acts of its employees, contractors, and agents. However,
nothing contained herein shall constitute a waiver by either party of its
sovereign immunity and the limitations set forth in Section 768.28, Florida
Statutes.
13. The GRANTEE shall comply with all federal, state and local
rules and regulations in developing this PROJECT. The GRANTEE acknowledges
that this requirement includes compliance with all federal, state and local
health and safety rules and regulations. The GRANTEE further agrees to
Page 5 of 13
ensure that the GRANTEE's contract will include this provision in all
subcontracts issued as a result of this Agreement.
14. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any reasonable time.
15. This Agreement may be unilaterally canceled by the DEPARTMENT
in the event the GRANTEE refuses to allow public access to all documents,
papers, letters or other materials made or received in conjunction with this
Agreement pursuant to the provisions of Chapter 119, Florida Statutes.
16. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with
this Agreement, the GRANTEE will be allowed a maximum of sixty (60) days to
submit additional pertinent documentation to offset the amount identified as
being due the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of any
reimbursement due the DEPARTMENT.
17. The DEPARTMENT shall also have the right to demand a refund,
either in whole or part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the terms of this Agreement. The GRANTEE,
upon notification from the DEPARTMENT, agrees to refund, and will forthwith
pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Such
refund shall include interest calculated at two (2) percent over the
prevailing prime rate as reported by the Federal Reserve on the date the
Page 6 of 13
DEPARTMENT calculates the amount of refund due. Interest shall be
calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT.
18. The State of Florida's performance and obligation
to pay under this Agreement is contingent upon an annual appropriation by
the Florida Legislature.
19. Reimbursement of eligible travel expenses shall be subject to
the requirements of Section 112.061, Florida Statutes.
20. Allowable indirect costs shall not exceed 15% of the GRANTEE'S
eligible wages and salaries. Indirect costs that exceed
15% must be approved in advance by the DEPARTMENT to be considered eligible
PROJECT expenses.
21. If asphalt paving is required for the PROJECT it shall conform
to the 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.
22. Prior to final reimbursement, the GRANTEE must erect a
permanent information sign on the PROJECT site which credits PROJECT funding
or a portion thereof, from the Florida DEPARTMENT of Environmental
Protection and the Florida Recreation Development Assistance Program.
23. Land owned by the GRANTEE, which is developed or acquired
with FRDAP funds, shall be dedicated in perpetuity by the GRANTEE as an
outdoor recreation site for the use and benefit of the public. The
Page 7 of 13
dedication must be recorded in the public property records by the GRANTEE.
The GRANTEE shall ensure that the PROJECT, if on GRANTEE-owned land and
purchased or developed with FRDAP funds, shall be managed for outdoor
recreation purposes for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. Land owned
by an entity other than the GRANTEE which GRANTEE controls by lease, permit,
license, easement, management agreement or other valid interest and
developed with FRDAP funds, shall be managed as an public outdoor recreation
area for a minimum period of twenty-five (25) years from the completion date
set forth in the PROJECT completion certificate. Such PROJECT shall be open
at reasonable times and shall be managed in a safe and attractive manner
appropriate for public use. Should GRANTEE convert all or part of the
PROJECT site to a use or uses other than DEPARTMENT approved public
recreational uses, the GRANTEE shall replace the area, facilities, resource
and site at its own expense with a project of comparable scope and quality
acceptable to the DEPARTMENT. In lieu of accepting a replacement facility,
resource or site, the DEPARTMENT may require return of all FRDAP funds with
applicable interest.
24. The employment of unauthorized aliens by any GRANTEE is
considered a violation of Section 274A(e) of the Immigration and Nationality
Act. If the GRANTEE knowingly employs unauthorized aliens, such violation
shall be cause for unilateral cancellation of this Agreement. The GRANTEE
Page 8 of 13
shall be responsible for including this provision in all subcontracts with
private organizations issued as a result of this Agreement.
25. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability level, shall be excluded from
participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this Agreement.
26. This Agreement strictly prohibits the expenditure of FRDAP
funds for the purpose of lobbying the Florida Legislature, the judicial
branch, or a state agency.
27. Any local governmental entity, nonprofit organization, or
for-profit organization that is awarded funds from a grants and aids
appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit performed
in accordance with the rules of the Auditor General promulgated pursuant to
Section 11.45, Florida Statutes; or
(b) If the amounts received exceed $25,000, but do not exceed
$100,000, have an audit performed in accordance with the rules of the
Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or
have a statement prepared by an independent certified public accountant
which attests that the receiving entity or organization has complied with
the provisions of this Agreement; or
Page 9 of 13
(c) If the amounts received do not exceed $25,000, have the head of
the entity or organization attest, under penalties of perjury, that the
entity or organization has complied with the provisions of this Agreement.
28. Pursuant to Section 215.422, Florida Statutes, the
DEPARTMENT's Project Manager shall have five (5) working days, unless
otherwise specified herein, to inspect and approve the services for payment.
The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT
of Banking and Finance within twenty (20) days; and the DEPARTMENT of
Banking and Finance is given fifteen (15) days to issue a warrant. Days are
calculated from the latter date the invoice is received or services
received, inspected, and approved. Invoice payment requirements do not
start until a proper and correct invoice has been received. Invoices which
have to be returned to the GRANTEE for correction(s) will result in a delay
in the payment. A Vendor Ombudsman has been established within the Florida
DEPARTMENT of Banking and Finance who may be contacted if a contractor is
experiencing problems in obtaining timely payment(s) from a State of Florida
agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-
3792.
29. In accordance with Section 215.422, Florida Statutes, the
DEPARTMENT shall pay the GRANTEE, interest at a rate as established by
Section 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in
payment of an invoice is not issued within 40 days after receipt of a
correct invoice and receipt, inspection, and approval of the goods and
Page 10 of 13
services. Interest payments of less than $1 will not be enforced unless the
GRANTEE requests payment. The interest rate established pursuant to Section
55.03(1), Florida Statutes, by Comptroller's Memorandum No.3 (1996-97)
dated December 3, 1996, has been set at 10.0% per annum or .02740% per day.
The revised interest rate for each calendar year beyond 1997 for which the
term of this Agreement is in effect can be obtained by calling the
DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number
provided above or the DEPARTMENT's Contracts Section at 850/922-5942.
30. A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not perform
work as a grantee, contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, or Category Two, for a period of 36 months from the date
of being placed on the convicted vendor list.
31. In addition, a copy of the audit or attestation as required
in paragraph 27, shall be submitted to the DEPARTMENT within one (1) year
from the PROJECT completion date as set forth in the PROJECT completion
certificate.
32. This Agreement is not intended nor shall it be construed as
granting any rights, privileges or interest in any third party without
mutual written agreement of the parties hereto.
Page 11 of 13
33. It is understood by the parties that the amount of this
Agreement may be reduced should the Governor's Budget Office declare a
revenue shortfall and assess a mandatory reserve. Should a shortfall be
declared, this Agreement may be reduced by the same percentage as the
DEPARTMENT is assessed for the mandatory reserve.
34. This Agreement represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of
provisions of this Agreement shall only be valid when they have been reduced
to writing, duly executed by each of the parties hereto, and attached to the
original of this Agreement.
Page 12 of 13
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above
written.
STATE OF FLORIDA DEPARTMENT
OF ENVIRON TAL PROTECTION
CITY OF MIAMI BEACH
By:
By,JjJ?
Director or Designee
of Recreation and Parks
Neisen Kasdin
Title: Mayor
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
1700 Convention Center Drive
Miami Beach, Florida 33139
~~J- fM~,
Robert Parcher, City Clerk
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Gary L. Heiser,
Assistant General Counsel, on
May 14, 1997, for use for one year.
GraRtee ~ttgrncy'
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
DEP 42-058
Revised 06-11-96
~~., ~
Page 13 of 13