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' -
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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
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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
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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
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(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
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DN Contract ManagerC'tj C4-12-)
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DNR ontract Administrator rantee Attorney
Approved as to
Form and Legality:
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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