HomeMy WebLinkAbout2001-24687 Reso
RESOLUTION NO.
2001-24687
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
SUBMIT AN APPLICATION FOR GRANT FUNDS FROM MIAMI-
DADE COUNTY, FOR FUNDS DISBURSED BY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
REIMBURSEMENT GRANT FOR PLAYGROUND SURFACING,
RFP NO. 318.a, IN AN AMOUNT NOT TO EXCEED $165,000, TO
BE MATCHED WITH $161,730 OF CITY FUNDING, AS
RECOMMENDED IN THE APPROVED 1999 GENERAL
OBLIGATION BOND PROGRAM FOR THE PURPOSE OF
INSTALLING PLAYGROUND SAFETY SURFACING. AT MUSS,
FAIRWAY, NORMANDY ISLE, OCEAN BEACH, NORTH SHORE
OPEN SPACE, NORTH SHORE, FLAMINGO AND TATUM
PARKS; FURTHER APPROPRIATING THE GRANT, IF
APPROVED AND ACCEPTED BY THE CITY, AND ACCEPTING
A PERFORMANCE BOND, OR AN IRREVOCABLE LETTER OF
CREDIT, AT THE CITY MANAGERS DISCRETION, FROM THE
VENDOR (PARKS STRUCTURES), IN THE WORK ORDERS
FOR MUSS, FAIRWAY, NORMANDY ISLE, OCEAN BEACH,
NORTH SHORE OPEN SPACE, NORTH SHORE, FLAMINGO
AND TATUM PARKS AS INCLUDED IN THE GENERAL
OBLIGATION BOND PROGRAM RENOVATION PROJECTS;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THIS
APPLICATION.
WHEREAS, the State of Florida awarded Miami Dade County $272,830 in
funds to distribute among all the county's municipalities which apply and are eligible.
for playground surfacing projects; and.
WHEREAS, the funds to be distributed originate with the State of Florida
Department of Environmental Protection (FDEP) and are for reimbursement
purposes only; and,
WHEREAS, the selected Recipient(s) for award of funds as a result of this
RFP must first pay for the playground surfacing material and then seek
reimbursement from the County; and,
WHEREAS, the County will in turn seek reimbursement from the State of
Florida; and,
WHEREAS, the City of Miami Beach submitted an application to Miami-Dade
County on October 5, 2001 for funds not to exceed $165,000, for enhancements to
the playgrounds at Muss, Fairway, Normandy Isle, Ocean Beach, North Shore Open
Space, North Shore, Flamingo and Tatum Parks; and,
WHEREAS, the safety surfacing of these playground areas are eligible costs
that could be funded by this grant source and, if approved, will contribute
significantly to these Park projects; and,
WHEREAS, as per the grant restrictions, the State requires that the funds be
encumbered and expended by December 31, 2001; as such, the selected vendor
(Park Structures) has agreed to issue to the City, a performance bond for the total
allocated purchase amount; and,
WHEREAS, the performance bond will assure the City that said vendor will
complete said projects at a date and time stipulated by City Capital Projects Office;
and,
WHEREAS, the City of Miami Beach will provide a local cost share of
$161,370, from funds previously recommended in the approval of the 1999
General Obligation Bond program.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, retroactively
authorizing the City Manager or his designee to submit an application for grant funds from
Miami-Dade County, for funds disbursed by the Florida Department of Environmental
Protection, reimbursement grant for playground surfacing, RFP No. 318.a, in an amount not
to exceed $165,000, to be matched with $161,730 of city funding, as recommended in the
approved 1999 general obligation bond program for the purpose of installing playground
safety surfacing at Muss, Fairway, Normandy Isle, Ocean Beach, North Shore Open Space,
North Shore, Flamingo and Tatum parks; further appropriating the grant, if approved and
accepted by the city, and accepting a performance bond, or an irrevocable letter of credit, at
the City Managers Discretion, from the vendor (parks Structures), in the work orders for
Muss, Fairway, Normandy Isle, Ocean Beach, North Shore Open Space, North Shore,
Flamingo and Tatum parks as included in the General Obligation Bond program renovation
projects; and authorizing the mayor and city clerk to execute all necessary documents related
to this application.
PASSED AND ADOPTED THIS 19th day of D
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
:~o f~
CITY CLERK
T:\AGENDA\2001Idec1901\CONSENT\TIREGRANTRESO.doc
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
Resolution retroactively authorizing the City Manager to submit an application to Miami-Dade County for
grants funds from the Florida Department of Environmental Protection for the purpose of installing
playground safety surfacing at Muss, Fairway, Normandy Isle, Ocean Beach, North Shore Open Space,
North Shore, Flamingo and Tatum parks.
Issue:
The City of Miami Beach is in the process of installing playground safety surfacing at Muss, Fairway,
Normandy Isle, Ocean Beach, North Shore Open Space, North Shore, Flamingo and Tatum parks as part
of the recommended GO Bond Projects. The estimated cost of this effort is expected to cost the City an
excess of $400,000.
Item Summary/Recommendation:
In an attempt to defray costs to the City, an application for grant funds nollo exceed $165,000 has been
submitted to the Florida Department of Environmental Protection via Miami-Dade County.
As required by the funding agency, the City of Miami Beach will provide a local cost share; the $161 ,730 of
city funding as required, is part of the recommended and approved 1999 general obligation bond program,
which included the installation of playground safety surfacing at Muss, Fairway, Normandy Isle, Ocean
Beach, North Shore Open Space, North Shore, Flamingo and Tatum parks, as such these funds will serve
as the City match.
Advisory Board Recommendation:
I Not Applicable
Financial Information:
Amount to be expended:
p
Not to exceed
$165,000
.$161,730
.As listed in the GO Bond Projects
list (local cost share)
Source of
Funds:
Fin nce Dept.
Not to exceed
$165,000 as part of
the overall GO
Bond
recommended
ro'ects.
Total Project Cost
Sign..()ffs:
AGENDA ITEM c.'11=
DATE 12:-{i-aL
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
CITY OF MIAMI BEACH
To:
From:
SubJect:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~.~
City Manager () r 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RETROACTIVELY AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION FOR
GRANT FUNDS FROM MIAMI-DADE COUNTY, FOR FUNDS DISBURSED
BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
REIMBURSEMENT GRANT FOR PLAYGROUND SURFACING, RFP NO.
318.8, IN AN AMOUNT NOT TO EXCEED $165,000, TO BE MATCHED
WITH $161,730 OF CITY FUNDING, AS RECOMMENDED IN THE
APPROVED 1999 GENERAL OBLIGATION BOND PROGRAM FOR THE
PURPOSE OF INSTALLING PLAYGROUND SAFETY SURFACING AT
MUSS, FAIRWAY, NORMANDY ISLE, OCEAN BEACH, NORTH SHORE
OPEN SPACE, NORTH SHORE, FLAMINGO AND TATUM PARKS;
FURTHER APPROPRIATING THE GRANT, IF APPROVED AND
ACCEPTED BY THE CITY, AND ACCEPTING A PERFORMANCE BOND,
OR AN IRREVOCABLE LETTER OF CREDIT, AT THE CITY MANAGER'S
DISCRETION, FROM THE VENDOR (PARKS STRUCTURES), IN THE
WORK ORDERS FOR MUSS, FAIRWAY, NORMANDY ISLE, OCEAN
BEACH, NORTH SHORE OPEN SPACE, NORTH SHORE, FLAMINGO
AND TATUM PARKS AS INCLUDED IN THE GENERAL OBLIGATION
BOND PROGRAM RENOVATION PROJECTS; AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY
DOCUMENTS RELATED TO THIS APPLICATION.
Date: December 19, 2001
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The State of Florida awarded Miami Dade County $272,830 in funds to distribute among all
the county's municipalities which apply and are eligible for the grant. The funds to be
distributed originate with the State of Florida Department of Environmental Protection
(FDEP) and are for reimbursement purposes only. The selected Recipient(s) for award of
funds as a result of this RFP must first pay for the playground surfacing material and then
seek reimbursement from the County. The County will in turn seek reimbursement from the
State of Florida.
There are specific eligibility criteria, as well as, a matching requirement, supporting
documentation, and reimbursement deadlines. The City submitted an application on
October 5, 2001 for$161,370 with a match of$161,370 from the 1999 General Obligation
Bond.
On June 19, 1996, the City Commission approved the General Obligation Bond Parks
Master Plan for the restoration of the City's Parks System and on November 2, 1999, the
citizens of Miami Beach approved the 1999 GO Bond Program. Included in these
improvements are enhancements to the playgrounds at Muss, Fairway, Normandy Isle,
Ocean Beach, North Shore Open Space, North Shore, Flamingo and Tatum Parks. The
safety surfacing of these playground areas are eligible costs which could be funded by this
grant source and, if approved, will contribute significantly to these Park projects.
As per the grant restrictions, the State requires that the funds be encumbered and
expended by December 31, 2001. As such, the selected vendor (Park Structures) has
agreed to issue to the City, a performance bond or an irrevocable letter of credit for the
total allocated purchase amount. The performance bond will assure the City that said
vendor will complete said projects at a date and time stipulated by City Capital Projects
Office.
JMGI~ ~
T:\AGENDA\2:Cl901IC()IISENl\TIREGRANTMEMO.DOC
NlIANlI-DADE COUNTY, FLORIDA
RFP NO. 318a
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Distribution of Florida Department of Environmental Protection
Reimbursement Grant Funds
for
Playground Surfacing
Memorandum of Understanding
This Memorandum of Understanding (MOU) memorializes an Agreement between the
City of Miami Beach (the "City") and Miami-Dade County (the "County") for the
distribution of Florida Department of Environmental Protection Reimbursement Grant
Funds in an amount up to $161,730.00 for the purposes of Playground Surfacing for the
project identified in the City's proposal dated October 4, 2001. This MOU is valid until
January 31,2002 or until the City is reimbursed the grant funds whichever occurs first.
Now, therefore, consideration of the mutual covenants and agreements herein
contained, the parties hereto agree as follows:
1. DEFINITIONS
The following words and expressions used in this Agreement shall be construed as
follows, except when it is clear from the context that another meaning is intended:
a) The word "Agreement" to mean collectively this Memorandum of Understanding,
the Scope of Services (Appendix A), RFP No. 318a and all associated addenda
and attachments, the City's Proposal, and all other attachments hereto and all
amendments issued hereto.
b) The words "Scope of Services" to mean the document appended hereto as
Appendix A.
2. NATURE OF THE AGREEMENT
a) The City shall adhere to the requirements set forth in the Scope of Services and
render full and prompt cooperation with the County in all aspects of the
Agreement.
b) The City acknowledges that the County has the right to make all policy decisions
regarding the Scope of Services.
. 3. NOTICE REQUIREMENTS
All notices required or permitted under this Agreement shall be in writing and shall be
deemed sufficiently served if delivered by Registered or Certified Mail, with return
receipt requested; or delivered personally; or delivered via fax and followed with delivery
of hard copy; and in any case addressed as follows:
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MIAMI-DADE COUNTY, FLORIDA
(1) to the County
Miami-Dade County
Department of Solid Waste Management
8675 N,W. 53rd St.
Miami, FL 33166
Attention: Deborah Silver
Phone: (305) 594-1530
Fax: (305) 594-1673
(2) To the City
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139
Attention: Alexander Diaz
Phone: (305) 673-7260
Fax: (305) 673-7772
RFP NO. 318a
Either party may at any time designate a different address and/or contact person by
giving notice as provided above to the other party. Such notices shall be deemed given
upon receipt by the addressee.
4. INDEMNIFICATION AND INSURANCE
The City shall indemnify and hold harmless the County and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the County or its officers, employees,
agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from
the performance of this Agreement by the City or its employees, agents, servants,
partners principals or subcontractors. The City shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the County, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. Provided, however, this indemnification shall only be to the extent and within
the limitations of Section 768.28 Fla. Stat., subject to the provisions of that statute
whereby the City shall not be held liable to pay a personal injury or property damage
claim or judgment by anyone person which exceeds the sum of $100,000, or any claim
or judgment or portions thereof, which, when totaled with all other claims or judgment
paid by the City arising out of the same incident or occurrence, exceed the sum of
$200,000 from any and all personal injury or property damage claims, liabilities, losses
or causes of action which may arise as a result of the negligence of the City.
5. SURVIVAL
The parties acknowledge that any of the obligations in this Agreement will survive the
term, termination and cancellation hereof. Accordingly, the respective obligations of the
City and the County under this Agreement, which by nature would continue beyond the
termination, cancellation or expiration thereof, shall survive termination, cancellation or
expiration hereof.
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MIAMI-DADE COUNTY, FLORIDA
RFP NO. 318a
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IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date set forth below.
..
Date: December 21. 2001
By:
By:
City of Miami Beach
Name:
Name:
Title: ci tq Manaaer
Date: /9/:11////
Attest: ~. y~
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Title:
Date:
Attest:
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APPROVED AlTO
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