Loading...
RESOLUTION 89-19784 RESOLUTION NO. 89-19784 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $150, 000 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF MIAMI BEACH FOR THE DESIGN AND CONSTRUCTION OF A DISABLED VETERAN'S HANDICAPPED WHEELWAY. WHEREAS, the 1989 Florida Legislature has appropriated $150, 000 from the State Infrastructure Fund to the Department of Natural Resources for use by the City of Miami Beach for the recreational project known as Disabled Veteran' s Handicapped Wheelway containing the following project elements: surveying, design and construction of a Handicapped Wheelway. WHEREAS, the purpose of the attached Agreement (The Agreement) is to set forth the responsibilities of both the State of Florida Department of Natural Resources and the City with respect to the Disabled Veteran' s Handicapped Wheelway Project. WHEREAS, the City Manager recommends approval of the attached Agreement and the City Attorney has approved it as to form. NOW, THEREFORE, be it resolved by the City Commission of the City of Miami Beach that the Mayor and the City Clerk execute an Agreement between the State of Florida Department of Natural Resources and the City of Miami Beach for the construction of a Disabled Veteran' s Handicapped Wheelway Project. PASSED and ADOPTED this 31st day of October , 1989. VE r€Mayor Attest: ."erittiAz, City Clerk Form Approved: 41,t-i. Legal Department Dated: l' - DC: lcd 00 4 /(u I scar% PMi aEq,,, FLORIDA 3 3 1 3 9 (4'( -5.$ .: ma, S tINCORP ORATED *1 .'VA CA TIO NL A ND U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 r# d CI COMMISSION MEMORANDUM NO. -)CI -L,q October 31 , 1989 DATE: TO: Mayor Alex Daoud and Members of the City Commission FROM: Rob W. Parkins , e ti,! CityManager-- 9 v STATUS REPO T - DISABLED/HANDICAPPED WHEELWAY SUBJECT: PATH ON THE BEACH Project Description: As Phase I of the project, the City of Miami Beach proposes to construct a 15-foot wide disabled/handicapped wheelway path that would run parallel to the easterly side of the existing beach dune from 5th Street south approximately 50-feet to a perpendicular path down to within 5-feet of the water, to be utilized by the handicapped. The path will be constructed at-grade with interlocking paver blocks. These blocks will be such that they could be removed in the event of beach renourishment or a major storm tidal surge. Natural beach vegetation will line both sides of the path to retain wind blown sand. Phase II of the project will extend the path southward to the existing boardwalk at South Pointe Park; also, with beach vegetation being utilized for sand retention. Funding Source: On August 10, 1989 , the City of Miami Beach was notified by the State of Florida, Department of Natural Resources, Office of Recreation Services, Division of Recreation and Parks, that the City had received from the State a reimbursable grant in the amount of $150, 000 that was approved at the 1989 Florida Legislature. These grant monies were appropriated for use by the City of Miami Beach for the construction of a disabled/handicapped wheelway path on the beach. On September 12 , 1989, the City Administration transmitted to the State of Florida, DNR, the required information so that the department may finalize the project agreement for execution by the State of Florida. On October 17 , 1989, the City Administration was contacted by the State, DNR, for some additional information for the grant agreement; and that the grant agreement would be sent to the City by November 7 , 1989 for approval by the City Commission. Proposed Schedule: Agreement to be received from the State by 11/7/1989 Approval by City Commission 11/15/1989 Approve Architect Contract for Design and Survey 11/15/1989 Prepare Plans and Specifications for State 12/31/1989 Approval and Permitting, including TOPO Survey Submit Plans and Specifications to Division 2/1/1990 of State Lands and Bureau of Beaches and Shores for Permit Bidding of Project 30 days plus or minus Award 3/7/1990 Contract Construction Period 120 days 7/15/1990 11 AGENDA , ITEM - i-- I 0 31 - F T Commission Memorandum Page 2 October 31 , 1989 On Thursday, October 26, 1989 , a meeting of the Human Relations Committee was held, at which time the above presentation was made. RWP:WHH:DC:ap 12 • WALKWAY TO HANDICAPPED PARKING VEHICULAR / HANDICAPPED RAMP DUNE CROSSING WHEELWAY TO THE WATER 25 FEET TO ATLANTIC OCEAN - — HIGH WATER LINE C )...r _ y I PHASE II -.1 WHEELWAY PLANT BEACH MAINTENANCE PLANT WINDSCREEN "./ __ SOUTH WINDSCREEN VEHICLE CROSSING_ ix0- z 0 U z 2 0 :144A L� ,....,._.: 1,r4irmried. oisirowl.:......•'.." -444— i lki .,4 ,... l'ililiti "571.-°:410r•i1 1111. t"�` �,I/�:io l ip• /1111111 �•• '-'1. le-N I .,J leomenetemimeassones•esesies•esi•••mumminumn•••megg•••r un•i•s•tsmonsmsnenms......•••..11.111.11.•1111••1111111111•111111111111mu1n11111n•11111111r•, • G..L - EXISTING WOOD RAILING SNOW FENCE EXISTING DUNE VEGETATION BEACH VEGETATION INTERLOCKI UNIT PAVERS ON SANG EXISTING DUNE FORMATION INTERLOCKING UNIT PAVERS ON SAND HANDICAPPED WHEEL-WAY • rel • OCEAN HIGH WAVER LINE ATLANTIC I !E!A�OV!OtTAI► \ ti riEj (INTERIOCK�O UNIT PAVE S) �rLANT WIN08CREEM HIGH WATER LINE VEt3ETATED OSE l / �► �� SEACH MAINTENANCE VEHICLE EXITS El1pS10N CONTROL UNE -_".'`,�� :�;t��`n''..i,.;_ . 3� �� PHASE N HANDICAPPED WHEEL-WAY— LUMMUS PARK � ,;r.;;., u� . FISHING M[11 4��,�,_ � y "tel/ - Q `'"•'tom : ► .. 0 i • ,Z' �'�, ,'y- VEGETATED DUNE EX18TP40 BOARDWALK- / - N _..,___ L.1.--1 . ._ kl.,-,-.Aci49.?,44„, ..-., v•• , ----„,_ - \. . ,_ / #r \ -------- _,.______,>_4, i .•, , . •....•.. .,,,mit.:. .,....„,„, . : „.t._„.„_.:.•_!t:,:;):: ..•_::e::.__.. ....,.--:-..........000„ , J r _ , SOUTH 1 EROSION CONTROL LIKE 1 i:"i ,:zs_____...,.„._•_:•:„:__. n----. - '- ' ----- ,,-I---:---.-__:-:: p ////// - /I /1 ,i_ POINTE wCC - LEAN J �` •�. ��7 _id,(/ " w _ " r _..��. PARK �.. 1 VI • -......______1_ ).„->,, ,, ,. ,.../ . ..... —_____„2,4,______,Ljj , :/// „ I. i . 1/1'1 :: 1 ir, ....... ar. f l i I CITY OF MIAMI BEACH TO: Mr. David Cates DATE: 11/30/89 City Manager's Office FROM; Elaine M. Baker City Clerk SUBJECT: Grant agreement in the amount of $150,000 between the State of Florida Department of Natural Resources and the City of Miami Beach for the design and construction of a disabled Veteran's handicapped wheelway. Enclosed are 2 copies of the above-noted agreement together with a copy of the authorizing Resolution No. 89-19784, which have been executed by the City. Please forward all copies to the appropriate official for signature, with the request that the blue-backed copy be returned to the attention of Mercy Williams in this office. She will subsequently forward a fully executed set to you for your files. Thank you. 8/3/90 The signed agreement of the above have not been received to this date. Please follow up. Pil :L/L414 Thank you. t1/(L 0.A 2 Cv - CITY OF NJ1IA /1I BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 aY; fir" OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 ROB W.PARKINS FAX: (305) 673-7782 CITY MANAGER October 18 , 1990 Marsha A. Byrd Grant Specialist State of Florida Department of Natural Resources Bureau of Local Recreation Services Division of Recreation and Parks Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 RE: LEGISLATIVE GRANT NO. F89-055 DISABLED VETERANS HANDICAPPED WHEELWAY PATH ON THE BEACH Dear Ms. Byrd: Thank you for your letter of October 8 , 1990, wherein you informed the City of Miami Beach of the new requirement of the Legislative Appropriation Act for fiscal year 1989/1990. The City of Miami Beach wishes to retain the funding for this project, that requires your Department to disburse all funds for the Disabled Handicapped • Wheelway Path on the Beach prior to December 31, 1990 . Please ensure that the check for the project, in the amount of $150, 000 , is sent to Robert Nachlinger, the City ' s Finance Director, 1700 Convention Center Drive, Miami Beach, Florida, 33139 . Mr. Nachlinger will be scheduling the required accounting procedures for the grant and will contact you once the City receives its executed copy of said Grant Amendment. Should you have any further questions, please contact David Cates, C. . ' al Projects Coordinator of my office, at 305/673-7010 . Sincerely nr1~W. P. ' kins Ci y Manager RWP: blb Attachments cc: Carla Talarico, Assistant City Manager William H. Harrison, Executive Assistant to the City Manager Robert Nachlinger, Finance Director Elaine Baker, City Clerk David Cates, Capital Projects Coordinator C6199 (DNR Contract Number) STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Amendment to Agreement This Amendment entered into on 19 , serves to amend portions of the Agreement, dated December 11, 1989 , by and between the Department of Natural Resources, hereinafter referred to as DEPARTMENT, and the City of Miami Beach, hereinafter referred to as GRANTEE, for the recreational project known as Disabled Veteran's Handicapped Wheelway, Project #F89-055. In and for the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Exhibit A Replace Exhibit A with new Exhibit A dated August 31, 1990. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES CITY MIAMI BEACH By: By: Aqta2Nr Fran P. Mainella, Director Parki s Division of Recreation and Park Title: I its Manager Address: DNR-)// Contract ana er 1700 Convention Center Drive Miami Beach, Florida 33129 •DNR ontract dministra or Grantee Attorney /4//,5.0d Approved as to Form and Legality: r ' DNR 42-050 De artm=� At orneyRevised 3-15-90 P C6199 (DNR Contract Number) STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Amendment to Agreement This Amendment entered into on 19 , serves to amend portions of the Agreement, dated December 11, 1989, by and between the Department of Natural Resources, hereinafter referred to as DEPARTMENT, and the City of Miami Beach, hereinafter referred to as GRANTEE, for the recreational project known as Disabled Veteran' s Handicapped Wheelway, Project #F89-055. In and for the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Exhibit A Replace Exhibit A with new Exhibit A dated August 31, 1990. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA ' Ai DEPARTMENT OF NATURAL RESOURCES CITY OF MIAMI BEAC Y By: By: I�•���I Fran P. Mainella, Director 'ob •. Parkins V Division of Recreation and Park Title: City Manager Address: DN Contract an er 1700 Convention Center Drive Miami Beach, Florida 33129 C-2 . . A Ant(-L 1 40 DNR ontract Administ for Grantee Attorney /0/#7/90 Approved as to Form and Legality: 4, DNR 42-050 D615artme t At orney Revised 3-15-90 August 31 , 1990 Exhibit A ADMINISTRATIVE REQUIREMENTS (1) Grant (a) All grant funds shall be advanced to the Grantee .by the Department. (b) Grant project shall be completed on or before December 31, 1991 . Failure by the Grantee to complete the project by the aforementioned date, unless extended by the Department because of extenuating circumstances, shall be cause for the Department to terminate the grant. (c) At project completion, the Grantee shall forward to the Department (1) any unexpenUed funds, (2) all unremitted interest, (3) a list identifying the project elements and associated expenses, (4) an as-built site plan, (5) a project completion certification, and (6) financial data supporting the expenditure of grant funds, and match, if applicable, on forms supplied by the Department. These forms are referenced in Chapter 16D- 11, Florida Administrative Code. (d) The Grantee shall maintain an accounting system which provides for a complete record of the use of all grant funds. This accounting system shall provide for: 1 . Accurate, current, and complete disclosure of the status of all grant funds . 2 . Records that identify adequately the source and application of funds for all activities related to the grant . 3 . Accounting records that are supported by source documentation and are in sufficient detail to allow for a proper pre-audit and post audit (i . e. invoices, bills, cancelled checks) . e) Financial records , supporting documents, statistical records, and all other records pertinent to the grant project shall be retained by the Grantee for a period of three (3 ) years after the end of the grant. If a litigation or an audit is started, or claim made, before the expiration of the three (3 ) year period, the records shall be retained until the litigation, claim, or audit questions involving the records have been resolved. Page 1 of 3 (f) The Grantee shall make all grant records of expendi- tures, copies of reports , books , and related documentation available to a duly authorized represen- tative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. (g) This agreement may be unilaterally cancelled by the Department in the event the Grantee refuses to allow public access to all documents, papers, letters or other material made or received in conjunction with the agreement pursuant to the provision of Chapter 119 , Florida Statutes. (2) Eligible Costs All expenditures under this agreement by the Grantee must be directly related to the purpose of the grant and must meet eligibility requirements of Section 16A-11. 007 (3) , Florida Administrative Code. (3) Indemnification • The Department and the State of Florida are not .liable for any claim for personal injury or property damage resulting or occurring in connection with any activities conducted under this grant. The Grantee hereby agrees to indemnify and hold the Department and the State harmless from any and all such claims . (4) Conformity with Laws The Grantee agrees that all acts to be performed by it in connection with this agreement shall be performed in strict conformity with all applicable laws and regulations . (5) Indirect Costs The Grantee may be authorized up to 15% of eligible salaries and wages of Grantee employees (not including employee benefits) for indirect (overhead) costs . (6) Equipment Usage If Grantee owned equipment usage costs are tobe claimed by the Grantee, then such costs shall be paid by the Department at a rate established by the Department and agreed to in writing by the Grantee prior to commencement of the project. Page 2 of 3 (7) Appropriation Contingency The State of Florida ' s performance and obligation to pay under this agreement is contingent upon an annual appropri- ation by the Legislature . (8) Travel Reimbursement If reimbursement of travel expenses is provided for in the agreement then such reimbursement shall be subject to the requirements of Section 112 . 061, Florida Statutes . (9) Pre-Agreement Costs The Department and the Grantee fully understand and agree . that there shall be no reimbursement of funds by the Depart- ment for any obligation or expenditure made prior to the execution of the agreement with` the exception of $ -0- for: N/A • Page 3 of 3 STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Marjory Stoneman Douglas Building • 3900 Commonwealth Boulevard •Tallahassee, Florida 32399 Tom Gardner, Executive Director October 25, 1989 .. 1 Mr. Rob W. Parkins City Manager CityMiami of Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Disabled Veteran's Handicapped Wheelway Legislative Grant No. F89-055 Dear Mr. Parkins: Enclosed are two original grant agreements for the project referenced above. Please execute the agreements and return them to our office. In executing the agreements, do not date them except where indicated under the name of the person signing for the City. Our staff will date the agreements when formally executed by the Department of Natural Resources. One original copy will be returned to you. If you have any questions regarding this matter, you may call me at (904) 488-6322 . Thank you for your cooperation. Sincerely, / Jerrie L. Lindsey Grants Specialist Office of Recreation Services - Woodcrest Division of Recreation and Parks JLL/reb Attachment D�P^RTM ♦ Fy � O G I QE�� NL RE Q Adi ministration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands Bob Martinez Jim Smith Bob Butterworth Gerald Lewis Tom Gallagher Doyle Conner Betty Castor Governor Secretary of State Attorney General State Comptroller State Treasurer Commissioner of Agriculture Commissioner of Education CITY OF N1IAFv' ! BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 December 1, 1989 Ms Jerrie L. Lindsey Grants Specialist Office of Recreation Services Division of Beaches and Shores State of Florida Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 RE: DISABLED VETERAN'S HANDICAPPED WHEELWAY PROJECT F89-055) Dear Ms Lindsey: Enclosed, for your proper handling, are two (2) executed copies of the Grant Agreement for the construction of the Disabled Veteran' s Handicapped Wheelway Project No. F89-055, that you requested. Also, enclosed are two (2) copies of the authorizing Resolution No. 89-19784 , that has been executed by the City of Miami Beach. Please return the original to the City of Miami Beach, City Clerk' s Office, attention Ms. Mercy Williams, Administrative Aid. As always, thank you for working with the City of Miami Beach on this most-valued project. Sincerely you s, 40 c - 11111 Rob W. Park' s City Manager RWP:blb Enclosures cc: William H. Harrison, Executive Assistant to the City Manager b/Elaine Baker, City Clerk Mercy Williams, Administrative Aid art C (9 43 (DNR Contract Number) FLORIDA DEPARTMENT OF NATURAL RESOURCES Grant Agreement F89-055 (Project Number) This Grant Agreement made and entered into this day of , 1989, by and between the Florida Department of Natural Resources, hereinafter called DEPARTMENT, and the City of Miami Beach, hereinafter called GRANTEE, in furtherance of a recreation project involving the parties hereto in pursuance of which the parties hereto agree as follows: 1. The 1989 Florida Legislature has appropriated $150, 000 . 00 from the State Infrastructure Fund to the DEPARTMENT for use by the GRANTEE for the recreational project known as Disabled Veteran's Handicapped Wheelway containingthe following g project elements: Surveying, design and construction of a Handicapped Wheelway. 2 . The DEPARTMENT and GRANTEE agree to comply with the administrative requirements set forth in Exhibit A, attached hereto and made a part hereof by reference. IN WITNESS THEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES CITY OF MIAM BE r . B y:. BY: Fran P. Mainella, Director Name: ` . 2AeU y /0 Division of Recreation and Parks Title: ,--1-" L, /0/3/i0 V4,11:1Q1 rgFt-est , _DN Contract Manager C4,t7— DNRC2oLtozzi. ?Jib ntract Administrator rantee Attorney Approved as to Form and Legality: DNR :tto -y Exhibit A ADMINISTRATIVE REQUIREMENTS (1) Grant (a) All grant funds shall be paid to the Grantee by the Department on a reimbursement basis. (b) The Department shall retain ten percent (10%) of the grant amount until the project is completed by the grantee and receipt of all project completion documentation set forth in paragraph (1) (d) . (c) Grant project shall be completed on or before December 30, 1990 . Failure by the Grantee to complete the project by the aforementioned date, unless extended by the Department because of extenuating circumstances, shall be cause for the Department to terminate the grant. (d) Project payment requests shall be on Department supplied applicable forms referenced in Chapter 16A-11, Florida Administrative Code, and shall be in sufficient detail for a proper pre-audit and post audit thereof. At project completion, the Grantee shall forward to the Department (1) a list identifying the project elements and associated expenses, (2) an as-built site plan, and (3) a project completion certification. (e) The Grantee shall maintain an accounting system which provides for a complete record of the use of all grant funds. This accounting system shall provide for: 1 . Accurate, current, and complete disclosure of the status of all grant funds. 2 . Records that' identify adequately the source and application of funds for all activities related to the grant. 3 . Accounting records that are supported by source documentation and are in sufficient detail to allow for a proper pre-audit and post audit (i.e. invoices, bills, cancelled checks) . (f) Financial records, supporting documents, statistical records, and all other records pertinent to the grant project shall be retained by the Grantee for a period of three (3) years after the end of the grant. If a litigation or an audit is started, or claim made, before the expiration of the three (3) year period, the records shall be retained until the litigation, claim, or audit questions involving the records have been resolved. (g) The Grantee shall make all grant records of expendi- tures, copies of reports, books, and related documentation available to a duly authorized represen- tative of the State of Florida for inspection at reasonable times for the purpose of making audits, examihations, excerpts and transcripts. (h) This agreement may be unilaterally cancelled by the Department in the event the Grantee refuses to allow public access to all documents, papers, letters or other material made or received in conjunction with the Agreement pursuant to the provision of Chapter 119, Florida Statutes. Page 1 of 2 (2) Eligible Costs All expenditures under this agreement by the Grantee must be directly related to the purpose of the grant and must meet eligibility requirements of Section 16A-11. 007 (3) , Florida Administrative Code. (3) Indemnification The Department and the State of Florida are not liable for any claim for personal injury or property damage resulting or occurring in connection with any activities conducted under this grant. The Grantee hereby agrees to indemnify and hold the Department and the State harmless from any and all such claims. (4) Conformity with Laws The Grantee agrees that all acts to be performed by it in connection with this agreement shall be performed in strict conformity with all applicable laws and regulations. (5) Indirect Costs The Grantee may be authorized up to 15% of eligible salaries and wages of Grantee employees (not including employee benefits) for indirect (overhead) costs. (6) Equipment Usage If Grantee owned equipment usage costs are to be claimed by the Grantee, then such costs shall be paid by the Department at a rate established by the Department and agreed to in writing by the Grantee prior to commencement of the project. (7) Appropriation Contingency The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropri- ation by the Legislature. (8) Travel Reimbursement If reimbursement of travel expenses is provided for in the agreement then such reimbursement shall be subject to the requirements of Section 112 . 061, Florida Statutes. (9) Pre-Agreement Costs The Department and the Grantee fully understand and agree that there shall be no reimbursement of funds by the Depart- ment for any obligation or expenditure made prior to the execution of the agreement with the exception of $ N/A for: N/A Page 2 of 2 1!J RE80LOTION NO. 89-19784 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $150, 000 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF MIAMI BEACH FOR THE DESIGN AND CONSTRUCTION OF A DISABLED VETERAN'S HANDICAPPED WHEELWAY. WHEREAS, the 1989 Florida Legislature has appropriated $150,000 from the State Infrastructure Fund to the Department of Natural Resources for use by the City of Miami Beach for the recreational project known as Disabled Veteran's Handicapped Wheelway containing the following project elements: surveying, design and construction of a Handicapped Wheelway. WHEREAS, the purpose of the attached Agreement (The Agreement) is to set forth the responsibilities of both the State of Florida Department of Natural Resources and the City with respect to the Disabled Veteran's Handicapped Wheelway Project. WHEREAS, the City Manager recommends approval of the attached Agreement and the City Attorney has approved it as to form. NOW, THEREFORE, be it resolved by the City Commission of the City of Miami Beach that the Mayor and the City Clerk execute an Agreement between the State of Florida Department of Natural Resources and the City of Miami Beach for the construction of a Disabled Veteran's Handicapped Wheelway Project. PASSED and ADOPTED this 31st day of October , 1989. VI cr Mayor Attest: 414.,,AZ BL. City Clerk Form Approved: �9, G Legal Department Dated: /0 - 31-61 DC:lcd CITY of MIAMI BEACH 0!!]:::1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 December 1, 1989 FAX: (305) 673-nae Ms Jerrie L. Lindsey Grants Specialist Office of Recreation Services Division of Beaches and Shores State of Florida Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 RE: DISABLED VETERAN'S HANDICAPPED WHEELWAY PROJECT (F89-055) Dear Ms Lindsey: Enclosed, for your proper handling, are two (2) executed copies of the Grant Agreement for the construction of the Disabled Veteran's Handicapped Wheelway Project No. F89-055, that you requested. Also, enclosed are two (2) copies of the authorizing Resolution No. 89-19784 , that has been executed by the City of Miami Beach. Please return the original to the City of Miami Beach, City Clerk' s Office, attention Ms. Mercy Williams, Administrative Aid. As always, thank you for working with the City of Miami Beach on this most-valued project. • Sincerely you s, \\ 40040 Ro• W. Park' s City Manager RWP:blb Enclosures cc: William H. Harrison, Executive Assistant to the City Manager VElaine Baker, City Clerk Mercy Williams, Administrative Aid tg I'171 / 6503 iGa C / (DNR Contract Number) FLORIDA DEPARTMENT OF NATURAL RESOURCES Grant Agreement F89-055 (Project Number) This Grant Agreement made and entered into this day of , 1989, by and between the Florida Department of Natural Resources, hereinafter called DEPARTMENT, and the City of Miami Beach, hereinafter called GRANTEE, in furtherance of a recreation project involving the parties hereto in pursuance of which the parties hereto agree as follows: 1. The 1989 Florida Legislature has appropriated $150, 000. 00 from the State Infrastructure Fund to the DEPARTMENT for use by the GRANTEE for the recreational project known as Disabled Veteran's Handicapped Wheelway containing the following project elements: Surveying, design and construction of a Handicapped Wheelway. 2 . The DEPARTMENT and GRANTEE agree to comply with the administrative requirements set forth in Exhibit A, attached hereto and made a part hereof by reference. IN WITNESS THEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES CITY OF MIAM BoHccj /- By: By: A Fran P. Mainel la, Director Name: Division of Recreation and Parks Title: /-1,1,70p 4 "44 s - eLazo.i. DN Contract ManagerC'tj C4-12-) s 211 11141 —S DNR ontract Administrator rantee Attorney Approved as to Form and Legality: . O DNR :tto -y Exhibit A ADMINISTRATIVE REQUIREMENTS (1) Grant (a) All grant funds shall be paid to the Grantee by the Department on a reimbursement basis. (b) The Department shall retain ten percent (10%) of the grant amount until the project is completed by the grantee and receipt of all project completion documentation set forth in paragraph (1) (d) . (c) Grant project shall be completed on or before December 30, 1990 . Failure by the Grantee to complete the project by the aforementioned date, unless extended by the Department because of extenuating circumstances, shall be cause for the Department to terminate the grant. (d) Project payment requests shall be on Department supplied applicable forms referenced in Chapter 16A-11, Florida Administrative Code, and shall be in sufficient detail for a proper pre-audit and post audit thereof. At project completion, the Grantee shall forward to the Department ( 1) a list identifying the project elements and associated expenses, (2) an as-built site plan, and (3) a project completion certification. (e) The Grantee shall maintain an accounting system which provides for a complete record of the use of all grant funds. This accounting system shall provide for: 1 . Accurate, current, and complete disclosure of the status of all grant funds. 2 . Records that identify adequately the source and application of funds for all activities related to the grant. 3 . Accounting records that are supported by source documentation and are in sufficient detail to allow for a proper pre-audit and post audit (i .e. invoices, bills, cancelled checks) . (f) Financial records, supporting documents, statistical records, and all other records pertinent to the grant project shall be retained by the Grantee for a period of three (3) years after the end of the grant. If a litigation or an audit is started, or claim made, before the expiration of the three (3) year period, the records shall be retained until the litigation, claim, or audit questions involving the records have been resolved. (g) The Grantee shall make all grant records of expendi- tures, copies of reports, books, and related documentation available to a duly authorized represen- tative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. (h) This agreement may be unilaterally cancelled by the Department in the event the Grantee refuses to allow public access to all documents, papers, letters or other material made or received in conjunction with the Agreement pursuant to the provision of Chapter 119, Florida Statutes. Page 1 of 2 (2) Eligible Costs All expenditures under this agreement by the Grantee must be directly related to the purpose of the grant and must meet eligibility requirements of Section 16A-11. 007 (3) , Florida Administrative Code. (3) Indemnification The Department and the State of Florida are not liable for any claim for personal injury or property damage resulting or occurring in connection with any activities conducted under thisg rant. The Grantee hereby agrees to indemnify and hold the Department and the State harmless from any and all such claims. (4) Conformity with Laws The Grantee agrees that all acts to be performed by it in connection with this agreement shall be performed in strict conformity with all applicable laws and regulations. (5) Indirect Costs The Grantee may be authorized up to 15% of eligible salaries and wages of Grantee employees (not including employee benefits) for indirect (overhead) costs. (6) Equipment Usage If Grantee owned equipment usage costs are to be claimed by the Grantee, then such costs shall be paid by the Department at a rate established by the Department and agreed to in writing by the Grantee prior to commencement of the project. (7) Appropriation Contingency The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropri- ation by the Legislature. (8) Travel Reimbursement If reimbursement of travel expenses is provided for in the agreement then such reimbursement shall be subject to the requirements of Section 112 . 061, Florida Statutes. (9) Pre-Agreement Costs The Department and the Grantee fully understand and agree that there shall be no reimbursement of funds by the Depart- ment for any obligation or expenditure made prior to the execution of the agreement with the exception of $ N/A for: N/A { I . Page 2 of 2 3 RESOLUTION NO. 89-19784 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $150, 000 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF MIAMI BEACH FOR THE DESIGN AND CONSTRUCTION OF A DISABLED VETERAN'S HANDICAPPED WHEELWAY. WHEREAS, the 1989 Florida Legislature has appropriated $150, 000 from the State Infrastructure Fund to the Department of Natural Resources for use by the City of Miami Beach for the recreational project known as Disabled Veteran' s Handicapped Wheelway containing the following project elements: surveying, design and construction of a Handicapped Wheelway. WHEREAS, the purpose of the attached Agreement (The Agreement) is to set forth the responsibilities of both the State of Florida Department of Natural Resources and the City with respect to the Disabled Veteran' s Handicapped Wheelway Project. WHEREAS, the City Manager recommends approval of the attached Agreement and the City Attorney has approved it as to form. NOW, THEREFORE, be it resolved by the City Commission of the City of Miami Beach that the Mayor and the City Clerk execute an Agreement between the State of Florida Department of Natural Resources and the City of Miami Beach for the construction of a Disabled Veteran' s Handicapped Wheelway Project. PASSED and ADOPTED this 31st day of October , 1989. &—yi\if _ 1/t cc Mayor Attest: 4211;,AZ "ht, C3ux, City Clerk Form Approved: Legal Department Dated: /0 - 3/-61 DC: lcd ro ORIGINAL RESOLUITON NO. 89-19784 Authorizing the Mayor and City Clerk to execute a grant agreement in the amount of $150,000 between the State of Florida, Department of Natural Resources and the City of Miami Beach for the design and construction of a disabled veteran's handicapped wheelway. M1