95-21633 Reso RESOLUTION No. 95-21633
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 FUNDING A PORTION OF THE RENOVATION AND
RESTORATION OF THE CITY'S BOARDWALK, TO BE MATCHED WITH $100,000 OF CITY
FUNDING,AS RECOMMENDED FOR THE BOARDWALK PROJECT IN THE APPROVED $15
MILLION GENERAL OBLIGATION BOND PROGRAM TO RENOVATE,AND REBUILD PARKS
AND RECREATION FACILITIES WITHIN THE PARK SYSTEM IN MIAMI BEACH; FURTHER
APPROPRIATING THE GRANT,IF APPROVED AND ACCEPTED BY THE CITY,IN THE WORK
ORDER FOR THE BOARDWALK RESTORATION,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 entities 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 restoration of the City's Boardwalk is one of the proposed renovations included in the$15 million
General Obligation Bond Program,at a cost of$423,500;and
WHEREAS, the restoration of facilities such as the Boardwalk are eligible to receive funding from the Florida
Recreation Development Assistance Program(FRDAP); and
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 Boardwalk restoration 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:
1. 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 restoring the City's Boardwalk,be
made by the City Administration.
2. That the amount of$100,000 from the approved$15 million General Obligation Bond program,designated for the
Boardwalk restoration,be approved as the required match.
3. That this grant, if approved and accepted by the City, is appropriated into the Work Order for the Boardwalk
restoration,when established.
4. That the Mayor and City Clerk are hereby authorized to execute all necessary docu is regarding Resolution.
PASSED AND ADOPTED THIS 12th day of July, 1995.
MAYOR
AT ST:
ORM APPROVED
CITY CLE LEGAL DEPT.
By 7
Date 1-
CITY OF MIAMI , BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 53 ]_ I,s
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 12, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION OF HE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLO A,AUTHORIZING THE APPLICATION FOR A$100,000 GRANT
FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,DIVISION
OF RECREATION AND PARKS FOR THE PURPOSE OF FUNDING A PORTION OF THE
RENOVATION AND RESTORATION OF THE CITY'S BOARDWALK,TO BE MATCHED
WITH $100,000 FROM THE RECOMMENDED FUNDING FOR THE BOARDWALK IN
THE APPROVED $15 MILLION GENERAL OBLIGATION BOND PROGRAM TO
RENOVATE, AND REBUILD PARKS AND RECREATION FACILITIES WITHIN THE
PARK SYSTEM IN MIAMI BEACH, FURTHER APPROPRIATING THIS GRANT, IF
APPROVED AND ACCEPTED BY THE CITY IN THE WORK ORDER FOR THE
BOARDWALK RESTORATION WHEN ESTABLISHED.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and 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 renovation and restoration of the City's Boardwalk,authorizing a match
of$100,000 from the recommended funding for the Boardwalk as approved in the$15 million General Obligation Bond
Program for Parks renovations and appropriating this grant,if approved and accepted by the City into a work order for
the Boardwalk restoration 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.
The Boardwalk,which was originally constructed in 1981-82 at a cost of approximately$3 million,is enjoyed on a daily
basis by thousands of residents,tourists,and day guests. It is one of our most popular recreational facilities,offering
opportunities for exercise,a peaceful walk,a place to meet friends or a quiet respite to stop and take in the beauty of
the ocean.
Continued...
AGENDA ITEM C
-i
DATE -7- 12'9 J
•
COMMISSION MEMORANDUM
Page 2
Over the past several years,the elements have taken their toll on the Boardwalk and it is now at a point where it requires
substantial renovations. This point was clearly stated by our residents throughout the General Obligation Bond
presentations. In keeping with the directive of our residents, the Boardwalk renovations was included in the bond
program in the amount of$423,500. This FRDAP funding, if approved will enable additional improvements to be
completed on the Boardwalk.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the attached Resolution.
RMC/KS/eb
Attachments
COMMEMODISK#I:FRDAP.COM
F9736
(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 /d /44 day of
, 19 76', by and between the State of Florida, Department of
E vironmental 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 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.
Page 1 of 11
2. The DEPARTMENT has found that public outdoor recreation
is the primary purpose of the project known as Oceanwalk Renovation
(Florida Recreation Development Assistance Program, FRDAP Project Number
F97036) , 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 Project 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: renovation and replacement of Oceanwalk 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 50%
GRANTEE Match $100, 000.00 50%
Type of Match Cash and/or In-Kind Services
The PROJECT reimbursement request shall include all documentation
required by the DEPARTMENT for a proper pre-audit and post-audit review.
The Contract Manager shall, within sixty (60) days after receipt of a
payment request, review the work accomplished to date on the GRANT and,
if the work and payment request are in accordance with all applicable
requirements, approve the request for payment. The DEPARTMENT shall
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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 by the
DEPARTMENT and the GRANTEE in accounting for grant 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
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or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE'S records for said PROJECT within the retention period.
8 . Program 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 funds by the DEPARTMENT for any obligation or expenditure made prior
to the execution of this Agreement with the exception of $ -0-, for: N/A
9. This Agreement shall become effective upon execution and
the Grantee shall complete construction of all PROJECT elements on or
before . The completion date may be extended by
the DEPARTMENT for good cause at the written request of the GRANTEE and
must be made prior to project completion date.
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 the 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
Page 4 of 11
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 DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any reasonable time.
14. 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 the Agreement pursuant to the provisions of Chapter
119, Florida Statutes .
15. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE
with said 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.
16. The DEPARTMENT shall also have the right to demand a
refund, either in whole or part, of the funds provided to the
GRANTEE for non-compliance with the terms of the Agreement. The GRANTEE
upon notification from the DEPARTMENT, agrees to refund, and will
forthwith pay, the amount of money demanded-- which payment shall be
made directly to 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 Department calculates the amount
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of refund due. Interest shall be calculated from the date (s) of
payment (s) to the GRANTEE by the DEPARTMENT.
17. The State of Florida's performance and obligation
to pay under this Agreement is contingent upon an annual appropriation
by the Florida Legislature.
18 . Reimbursement of eligible travel expenses shall be subject
to the requirements of Section 112.061, Florida Statutes.
19. 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.
20. 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.
21. 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.
22. 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
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)
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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 program 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 grant funds with applicable interest.
23. 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.
24. This Agreement strictly prohibits the expenditure of
FRDAP funds for the purpose of lobbying the Florida Legislature, the
judicial branch, or a state agency.
25. 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
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(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 the grant; or
(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 the
grant.
26. 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 a contractor 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 904/488-2924 or 1-800-848-3792.
27. In accordance with Section 215.422, Florida Statutes,
the Department shall pay the Contractor, interest at a rate as
established by Section 55.03 (1) , Florida Statutes on the unpaid balance,
Page 8 of 11
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 services. Interest payments of less than $1 will not be
enforced unless a contractor requests payment. The interest rate
established pursuant to Section 55.03 (1) , by Comptroller' s Memorandum
No. 10 (1995-96) dated December 1, 1995, has been set at 10.0% per annum
or .02740% per day. The revised interest rate for each calendar year
beyond 1996 for which the term of this Contract 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 904/922-5942.
28. 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, F.S. , for Category Two, for a period of 36
months from the date of being placed on the convicted vendor list.
29. In addition, a copy of the audit or attestation as
required in paragraph 25, shall be submitted to the DEPARTMENT within
one (1) year from the project completion date as set forth in the
project completion certificate.
30. 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.
31. It is understood by the parties that the amount of this
grant may be reduced should the Governor' s Budget Office declare a
revenue shortfall and assess a mandatory reserve. Should a shortfall be
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declared, this grant may be reduced by the same percentage as the
DEPARTMENT is assessed for the mandatory reserve.
32. 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 10 of 11
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above
written.
i
STATE OF FLORIDA DEPARTMENT CITY OF MIAMI BEACH /
OF ENVIRONMENTAL PROTECTION , ' /
Agaigh
ymou, =1ber, Mayor
By: / ATTES
Division Direc or or signee
Division of Recreatio and Parks ROUJA, - 9 CtAtiu----
Robert Parcher, City Clerk
Address: Address:
Bureau of Design and Recreation Services 1700 Convention Center Drive
Division of Recreation and Parks Miami Beach, Florida 33139
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
1v1 J.,------(ie
DEP C ntra Manager
Approved as to Form and Legality:
This form has been pre-approved as to Grantee Attorney
form and legality by Suzanne B.
Brantley, Assistant General Counsel,
on June 27, 1996, for use for one year.
DEP 42-058
Revised 06-11-96
11AM APPRUvru
LEGAL DEPT.
By /!�
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