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2025 Interlocal Agreement between CMB & Miami-Dade County Docusign Envelope t0:04E2CE05-13F8-44CF-A5FS-F0C420285339 1 — Decusign Envelope la 6815C883-087E-46F2-A32F-E93 t632BCF2A INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MIAMI-DADE COUNTY Beachview Park Improvements Project Number 70419 THIS INTERLOCAl, AGREEMENT(the"Agreement")by and between Miami-Dade County, a political subdivision of the State of Florida(the"County"),through its governing body,the Board of County Commissioners of Miami-Dade County, Florida(the"Board")and the City of Miami Beach,Florida,a municipal corporation organized under the laws of the State of Florida, through its governing body, the Mayor and Commissioners of the City of Miami Beach, Florida (the "Municipality") is entered into this day of ,20_("Effective Date"). WETNESSETFI: MAY - 5 2025 WHEREAS,on February 4'h 2025, the Board enacted Resolution No. R-90-25 approving after a public hearing, significant modification the swapping out the funding between the City of Miami Project and the County Project in order to allocate S577,000,00 of GGIF funds to the City of Miami beach for the City Project;and WHEREAS, the Beachview Park /Project Number 70419 (the "Project") is eligible for funding from the General Government Improvement Fund(GGIF)proceeds in a total amount not to exceed$577,000(the"Funding Allocation"); and WHEREAS, the Municipality is undertaking the design and construction of the public infrastructure improvements associated with the outdoor public access space and amenities to Beachview Park located at 5301 Collins Avenue.(the"Project")which was specifically approved as part of the GGIF proceeds and has been approved for funding in Fiscal Year 2024-2025. provided funds are available, and is described more specifically in Exhibit I to this Interlocal Agreement; and WHEREAS, Phase I of the Project is estimated to cost S1,154,000 (the "Total Project Cost")and will be funded from the sources listed in Exhibit 1; provided, however, the County's obligation to fund the Project is fully subject to and contingent upon the availability of GGIF proceeds; and WHEREAS, pursuant to the terms of this Agreement, the County has agreed to fund S577.000 in Fiscal Year 2024-2025 from the GGIF proceeds for the Project(the"Funding Cycle Allocation"), fully subject to and contingent upon the conditions set forth in this Agreement, and in particular, the County's approval, by the Board of County Commissioners to fund this Project from GGIF, and the availability of the Funds; and WHEREAS, the Commissioners of both the Municipality and County have authorized, by resolution, their respective representatives to enter into this Agreement for each Funding Cycle Building Better Communities Municipal Agreement 1 of 1 3Rev 6/10 '` - �r•. Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID 6815C683-087E-46F2-A32F-E9316326CF2A Allocation describing their respective roles in the funding for the Project costs with respect to such Funding Cycle Allocation; NOW THEREFORE,pursuant to Ordinance No.24-102.which specifically authorizes the County Mayor to execute such agreements, sub-agreements and other required contracts and documents, to expend GGIF proceeds received for the purpose described in the funding request, and in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement,the parties hereto agree as follows: Section 1.Purpose:The purpose of this Agreement is to clarify the parties' roles and obligations regarding the GGIF proceeds funds being provided with respect to the Project. Section 2. Funding Responsibilities: a. Project Funding Plan: A Project funding plan identifying the Funding Allocation to be funded by the County solely from the countywide General Government Improvement Fund proceeds and the costs to be funded by the Municipality through a local funding plan or written project funding commitments from third parties is attached as Exhibit 1. Included shall be a projected timetable for each Funding Cycle Allocation and the amount funded to date, if any. b. Representations of the Municipality: The Municipality covenants and warrants that it has,in combination with the Funding Allocation,the amount of funding necessary for the completion of the Project. The additional sources of funding are listed in Exhibit 1. c. Responsibilities of the County:The County agrees to provide solely from the proceeds for the Fiscal Year 2024-2025 Funding Cycle Allocation in an amount equal to$577,000, fully subject to and contingent upon the Board budgeting and appropriating such funds in its Fiscal Year 2024-2025 County Budget and the County's approval and issuance of the Funds, the approval by the Board of County Commissioners to fund this Project from the Funds, and the availability of the Funds ("Conditions Precedent to Funding Responsibility"). This amount represents a portion of the amount necessary to complete the Project. Subject to the satisfaction of the Conditions precedent to Funding Responsibility, and subject to annual appropriation by the Board, the County also agrees to make disbursements from available Funds for the balance of the Funding Allocation in the years and the amounts set forth in the Multi-Year Capital plan.The Municipality understands and agrees that, from time to time, the Board may, in its so discretion, approve revisions to the Multi-Year Capital Plan thereby amending the amount and timing of Funding Allocation disbursements to the Municipality. The Funds, if and when available, shall be provided in accordance with the reimbursement procedures contained in the County's BBC GOB Program.Administrative Rules attached as Attachment 1,which are hereby incorporated in this Agreement by this reference. Municipality understands and agrees that reimbursements to the Municipality will be made in accordance with federal laws. Subject to certain exceptions Building Better Communities Municipal Agreement 2 of 13Rev.6110 "11111•r111111111■ Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID 6815C883-D87E-46F2-A32F-E931632BCF2A the applicability of which is to be reviewed on a case-by-case basis,the reimbursement allocation will be made no later than eighteen (I 8) months after the later of(a)the date the original expenditure is paid,or(b)the date the project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid by the Municipality. Notwithstanding the foregoing, the County shall have no obligation whatsoever to make any reimbursements to the Municipality prior to the satisfaction of all of the Conditions Precedent to Funding Responsibility. Any and all reimbursement obligations of the County pursuant to this Agreement are limited to and contingent upon, the availability of Funds allocated to the Project in accordance with the Funding Plan. The Municipality accepts and agrees that all expenditures made by the Municipality prior to the satisfaction of all of the Conditions Precedent to Funding Responsibility are made at the Municipality's sole risk and may not be eligible for reimbursement. The Municipality may not require the County to use any other source of legally available revenues other than from the Funds to fund the Project. This Agreement does not in any manner create a lien in favor of the Municipality on any revenues of the County including the Funds. In the event that the Project Milestones, as defined and set forth in Exhibit 1 of this Agreement are not within 10% of completion, the dollars to be funded for subsequent Milestones may be delayed for one (1) year in accordance with the Administrative Rules, see Section 19 of this Agreement. Payment(s)of Funding Cycle Allocation funds will be made to the Municipality pursuant to the reimbursement provisions in the Administrative Rules and its Exhibits. Miami-Dade County shall only be obligated to reimburse the Municipality provided the Municipality is not in breach of this Agreement and the Municipality has demonstrated that it has adequate funds to complete the Project.The County shall administer, in accordance with the appropriate regulations,the funds available from the GGIF proceeds as authorized by Board Resolutions Ordinance No. 24-102. Any and all reimbursement obligations of the County shall be fully subject to and contingent upon the availability of funding solely from the GGIF fund. The Municipality shall be solely responsible for submitting all documentation, as required by this Agreement and by the Administrative Rules, to the County Mayor or designee. Section 3. Parties, Effective Date and Term: This Agreement shall take effect on the Effective Date after execution and shall terminate upon the completion of the Project, including the completion of all final closeout documentation. The County has delegated the responsibility of administrating this Interlocal Agreement to the County Mayor or designee. Section 4.Project Budget: the Municipality agrees to demonstrate fiscal stability and the ability to administer the Funding Allocation responsibly and in accordance with standard accounting practices by developing and adhering to a Project budget that is based upon reasonable revenue development and expenditures projected to complete the Project within Building Better Communities Municipal Agreement 3 of 13Rev 6/10 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID.6815CB83-DB7E-46F2•A32F-E931632BCF2A the Total Project Cost. This Project budget is attached as Exhibit 1. Further, Municipality agrees that all expenditures will be subject to the terms of this Agreement. No portion of the Funding Allocation shall be used to reimburse the Municipality for working capital expenses,i.e.security,traffic control,or similar expenses. If Municipality wishes to revise the budget for the purpose of completing the Project,including line-item changes,and such revisions substantially alter the original Project, the Municipality must request in writing that the County Mayor or Designee review and approve such revisions. Municipality's request must be given at least fourteen (14) business days prior to implementation of the revisions. The County Mayor or Designee will make the final determination on revisions within fourteen (14) business days of the date of receipt of the request in the County's Executive Offices. Section 5.Compliance with Laws: Each party agrees to abide by and be governed by all Applicable Laws necessary for the development and completion of the Project. "Applicable Law" means any applicable law (including, without limitation, any environmental law), enactment, statute, code, ordinance, administrative order, charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, or other direction or requirement of any governmental authority, political subdivision, or any division or department thereof, now existing or hereinafter enacted, adopted, promulgated, entered, or issued. Notwithstanding the foregoing,"Applicable Laws"and "applicable laws" shall expressly include,without limitation,all applicable zoning,land use,DRI and Florida Building Code requirements and regulations,all applicable impact fee requirements, all requirements of Florida Statutes, all disclosure requirements imposed by Sections 2-8.1 and 2-8.6 of the Miami-Dade County Code,all requirements of Miami-Dade County Ordinance No.90-133 (amending Section 2-8.1),County Resolution No.R-754-93(Insurance Affidavit),County Ordinance No.92-15(Drug-Free Workplace),and County Ordinance No.91-142(Family Leave Affidavit),execution of public entity crimes disclosure statement,and Miami-Dade County criminal record affidavit, all applicable requirements of Miami-Dade County Ordinance No. 90-90 as amended by Ordinance No. 90-133 (Fair Wage Ordinance), Section 2-1 1.15 of the Code(Art in Public Places), the requirements of Section 2-1701 of the Code, Section 2-8.1 (c) of the County Code regarding Delinquent and Currently Due Fees or Taxes,and all other applicable requirements contained in this Agreement. The Municipality shall comply with Miami-Dade County Resolution No. R-385-98 which creates a policy prohibiting contracts with firms violating the Americans with Disabilities Act of 1990 and other laws prohibiting discrimination on the basis of disability and shall execute a Miami-Dade County Disability Non-Discrimination Affidavit confirming such compliance,which shall incorporate the following Federal laws and Acts: (I)The Americans with Disabilities Act of 1990(ADA), Pub.L. 101-336, 104 Stat. 327,42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I Employment; (2)Title II,Public Services; (3)Title Ill, Public Accommodation and Services Operated by Private Entities; and Section 504 of the Rehabilitation Act of 1973; (4)Title IV, Telecommunications; Budding Better Communities Municipal Agreement 4 of 13Rev 6/10 1 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID:6815CB83-DB7E-46F2-A32F-E931632BCF2A (5)Title V, Miscellaneous Provisions:The Rehabilitation Act of 1973, 29 U.S.C. Section 794;The Federal Transit Act,as amended 49 U.S.C. Section 1612;The Fair House Act as amended,42 U.S.C. Section 3601 -The foregoing requirements of this section shall not pertain to contracts with the United States or any department or agency thereof,or the State or any political subdivision or agency thereof or any municipality of this State. The Municipality covenants and agrees with the County to comply with Miami-Dade County Ordinance No.72-82(Conflict of Interest and Code of Ethics)as may be amended and which is incorporated herein by reference as if fully set forth herein, Resolution No. R-1049-93(Affirmative Action Plan Furtherance and Compliance),and Resolution No. R- 185-00(Domestic Leave Ordinance). E-Verify Effective January I. 2021, section 448.095(e) of the Florida Statutes requires all public employers, contractors and subcontractors, including The Children's Trust providers, to use the E-Verify system to establish the authorization of new employees, including all new subcontractors and professional services consultants, to work in this country. Providers must also obtain and keep an affidavit from its subcontractors affirming that the subcontractors do not employ, contract or subcontract with any individuals who are not authorized to work in the US. Providers who have been found to violate the statute will have their agreement or contract terminated, and not renewed for at least a year, per Florida Statutes. If a provider's subcontractor has violated the statute, the provider must immediately terminate the subcontractor. The E-Verify system is Internet-based and operated by the Department of Homeland Security that verifies the employment eligibility of employees. For more information on E-Verify and 448.095(e), F.S. (2020), go to https://www.e- veri fy.gov/. Section 6. Contractual obligation to comply with certain County requirements: All records of the Municipality and its contractors pertaining to the Project shall be maintained in Miami-Dade County and,upon reasonable notice shall be made available to representatives of the County. In addition,the Office of Inspector General of Miami-Dade County shall have access thereto for any of the purposes provided in Section 2-1076 of the Code of Miami-Dade County. The Municipality shall cause each contract to include a provision that contractor shall comply with all requirements of Section 2-1076,and that contractor will maintain all files, records,accounts of expenditures for contractor's portion of the work and that such records shall be maintained within Miami-Dade County's geographical area and the County shall have access thereto as provided in this Agreement. The Municipality shall comply with the requirements of Florida Statutes related to retainage of funds due a contractor and shall include appropriate language in its construction contracts and shall require the contractor to include such language in its subcontracts. E3uiltlmg Better Communities Municipal Agreement 5 of 13Rev 6110 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID 6815C883-D87E-46F2-A32F-E931632BCF2A All applicable County Rules, Regulations, Ordinances, Resolutions, Administrative Orders, and the County Charter referenced in this Agreement are posted on the County's website: "miamidade.gov". Section 7. Accounting, Financial Review, Access to Records and Audits: The Municipality shall maintain accurate and complete books and records for all receipts and expenditures of this Funding Cycle Allocation award and any matching funds required in conformance with reasonable general accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with the Funding Cycle Allocation, such as vouchers,bills,invoices, receipts and canceled checks, shall be retained in a secure place and in an orderly fashion in a location within Miami- Dade County by the Municipality for at least three (3) years after the later of; the Expenditure Deadline specified in Section 6; the extended Expenditure Deadline, as approved by the County Mayor or Designee, if any; the completion of a County requested or mandated audit or compliance review;or the conclusion of a legal action involving the Funding Cycle Allocation award,the Municipality and/or Project or activities related to the Funding Cycle Allocation award. The County Mayor or Designee may examine these books, records and documents at the Municipality's offices or other approved site under the direct control and supervision of the Municipality.during regular business hours and upon reasonable notice. Furthermore, the County Mayor or Designee may,upon reasonable notice and at the County's expense,audit or have audited all financial records of the Municipality, whether or not purported to be related to this grant. Pursuant to Section 2-1076 of the Miami-Dade County Code, the County shall have the right to engage the services of an independent private-sector inspector general ("IPSIG") to monitor and investigate compliance with the terms of this Agreement. The MIAMI- DADE COUNTY OFFICE OF THE INSPECTOR GENERAL (OIG) shall have the authority and power to review past, present, and proposed County programs, accounts, records,contracts and transactions,and contracts such as this Agreement for improvements some cost of which is funded with County funds. As such, the OIG may, on a random basis, perform audits on this Agreement throughout the duration of said Agreement(hereinafter"random audits").This random audit is separate and distinct from any other audit by the County. The OIG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said random audits,as well as audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance and procurement process including, but not limited to, project design, establishment of bid specifications, bid submittals,activities of the Municipality and contractor and their respective officers,agents and employees, lobbyists,subcontractors,materialmen, staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud.The OIG shall have the power to subpoena witnesses,administer oaths and require the production of records. Upon ten (10)calendar days written notice to the Municipality (and any affected contractor and materialman) from 01G,the Municipality (and any affected contractor and Budding Better Communities Municipal Agreement 6 of 13Rev 6/10 i a Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID 6815CB83-DB7E•46F2-A32F-E931632BCF2A materialman) shall make all requested records and documents available to the OK) for inspection and copying. The OIG shall have the power to report and/or recommend to the Board whether a particular project, program, contract, or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time,within budget and in conformity with plans, specifications,and applicable by law.The OIG shall have the power to analyze the need for,and reasonableness of, proposed change orders. The OIG is authorized to investigate any alleged violation by a contractor of its Code of Business Ethics,pursuant Miami-Dade County Code Section 2-8.1. The provisions in this section shall apply to the Municipality, its contractors and their respective officers, agents, and employees. The Municipality shall incorporate the provisions in this section in all contracts and all other agreements executed by its contractors in connection with the performance of this Agreement. Any rights that the County has under this Section shall not be the basis for any liability to accrue to the County from the Municipality, its contractors or third parties for such monitoring or investigation or for the failure to have conducted such monitoring or investigation and the County shall have no obligation to exercise any of its rights for the benefit of the Municipality. This provision shall survive the early termination and/or the expiration of this Agreement. Section 8. Relationship of the Parties: The parties agree that the Municipality is an independent entity responsible solely for the Project and not an agent or servant of the County. No party or its officers, elected or appointed officials, employees, agents, independent contractors or consultants shall be considered employees or agents of any other party, nor to have been authorized to incur any expense on behalf of any other party, nor to act for or to bind any other party. nor shall an employee claim any right in or entitlement to any pension,workers' compensation benefit,unemployment compensation, civil service or other employee rights or privileges granted by operation of law or otherwise,except through and against the entity by whom they are employed. Section 9. Liability: The parties to this Agreement shall not he deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver, by either party. of the liability limits established in Section 768.28 of the Florida Statutes.The Municipality acknowledges that the County, its employees, Commissioners, and agents are solely providing funding assistance for the Project and are not involved in the design, construction, operation, or maintenance of the Project. Section 10. Breach,Opportunity to Cure and Termination: (a) Each of the following shall constitute a default by the Municipality: (I) If the Municipality uses all or any portion of the Funding Allocation for costs not associated with the Project (i.e., ineligible costs), and the Municipality fails to cure its default within thirty (30) calendar days after Budding Better Communities Municipal Agreement 7 of 13Rev 6/10 1 Docusign Envelope l0:04E2CE05-13F8-44CF-A5F6-F0C420285333 Docusign Envelope 10.6815C883-087E-46F2-4,32F-E9316328CF2A written notice of the default is given to the Municipality by the County; provided, however, that if not reasonably possible to cure such default within the thirty (30) calendar day period, such cure period, shall be extended for up to one hundred eighty (180) calendar days following the date of the original notice if within thirty (30) calendar days after such written notice the Municipality commences diligently and thereafter continues to cure. (2) If the Municipality shall breach any of the other covenants or provisions in this. Agreement other than as referred to in Section 10(a)(I) and the Municipality fails to cure its default within thirty (30) calendar days after written notice of the default is given to the Municipality by the County; provided, however, that if not reasonably possible to cure such default within the thirty (30) calendar day period, such cure period shall be extended for up to one hundred eighty (180) calendar days following the date of the original notice if within thirty (30) calendar days after such written notice the Municipality commences diligently and thereafter continues to cure. (3) 1f the Municipality fails to complete the Project within one(l)year of the effective date of the first executed Grant Agreement for this project unless such deadline is extended in accordance with Section 14 of this Agreement. (b) Each of the following shall constitute a default by the County: (1) If the County shall breach any of the covenants or provisions in this Agreement and the County fails to cure its default within thirty (30) calendar days after written notice of the default is given to the County by the Municipality; provided,however;that if not reasonably possible to cure such default within the thirty (30) calendar day period, such cure period shall be extended for up to one hundred eighty (180) calendar days following the date of the original notice if within thirty (30)calendar days after such written notice the County commences diligently and thereafter continues to cure. (c) Remedies: (1) Upon the occurrence of a default as provided in Section 10(a)(I)and such default is not cured within the applicable grace period, in addition to all other remedies conferred by this Agreement, the Municipality shall reimburse the County, in whole or in part as the County shall determine,all funds provided by the County hereunder. (2) Either party may institute litigation to recover damages for any default or to obtain any other remedy at law or in equity(including specific performance, permanent, preliminary, or temporary injunctive relief, and any other kind of equitable remedy). (3) Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it,at the same or different times, of any other rights or remedies for the same default or any other default. Building Better Communities Municipal Agreement 8 of 13Rev 6/10 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID 6815C683-DB7E-46F2-A32F-E931632BCF2A (4) Any failure of a party to exercise any right or remedy as provided in this Agreement shall not be deemed a waiver by that party of any claim for damages it may have by reason of the default. (d) Termination: (1) Notwithstanding anything herein to the contrary,either party shall have the right to terminate this Agreement, by giving written notice of termination to the other party, in the event that the other party is in material breach of this Agreement. (2) Termination of this Agreement by any Party is not effective until five(5) business days following receipt of the written notice of termination. (3) Upon termination of this Agreement pursuant to Section 10(d)(1)above, no party shall have any further liability or obligation to the other party except as expressly set forth in this this Agreement,provided that no party shall be relieved of any liability for breach of this Agreement for events or obligations arising prior to such termination. Section 1 I. Litigation CostsNenue: In the event that the Municipality or the County institutes any action or suit to enforce the provisions of this Agreement,the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The County and the Municipality agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County. Florida,or in the United States District Court for the Southern District of Florida,in Miami- Dade County, Florida. Section 12. Naming Rights and Advertisements: It is understood and agreed between the parties hereto that the Municipality is funded by Miami-Dade County. Further, by acceptance of these funds,the Municipality agrees that Project(s)funded by this Agreement shall recognize and adequately reference the County as a funding source. In the event that any naming rights or advertisement space is offered on a facility constructed or improved with BBC GOB Program funds, then Miami-Dade County's name, logo,and slogan shall appear on the facility not less than once and equal to half the number of times the most frequent sponsor or advertiser is named, whichever is greater. Lettering used for Miami- Dade County will be no less than 75% of the size of the largest lettering used for any sponsor or advertiser unless waived by the Board. The Municipality shall ensure that all publicity, public relations, advertisements and signs recognize and reference the County for the support of all Project(s). This is to include, but is not limited to,all posted signs. pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases,media packages,promotions and stationery. In particular,the Municipality must include the following credit line in all promotional marketing materials related to this funding including web sites, news and press releases, public service announcements, broadcast media,programs,and publications:"THIS PROJECT IS SUPPORTED BY THE MAYOR AND BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY."The use of the official County logo is permissible for the publicity purposes Budding Better Communities Municipal Agreement 9 of 13Rev 6/10 1 � i 7 Docusign Envelope JD:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope 1D:6815C883-DB7E-46F2-A32F-E93/6328CF2A stated herein. The Municipality shall submit sample of mockup of such publicity or materials to the County for review and approval. The Municipality shall ensure that all media representatives, when inquiring about the Project(s) funded by the Agreement, are informed that the County is its funding source. Section 13, Notice: Any notice, consent or other communication required to be given under this Agreement shall be in writing,and shall be considered given when delivered in person or sent by facsimile or electronic mail (provided that any notice sent by facsimile or electronic mail shall simultaneously be sent personal delivery, overnight courier or certified mail as provided herein), one (1) business day after being sent by reputable overnight carrier or three (3) business days after being mailed by certified mail, return receipt requested,to the parties at the addresses set forth below(or at such other address as a party may specify by notice given pursuant to this Section to the other party): The County: The Municipality: County Mayor City Manager Miami-Dade County, Stephen P.Clark Center 1700 Convention Center Drive 1 1 l NW 1 Street, Suite 2910 Miami Beach, Florida 3 3139 Miami, Florida 33128 With a copy to: Director,Office of Management and Budget f l I NW I Street, Suite 2210 Miami, Florida 33128 Section 14. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. Notwithstanding the aforementioned, the deadline set forth in Section 10(a)(3)may be extended upon a written request from the Municipality and a written response approving same from the County Mayor or Designee. Section 15.Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction,be construed more severely against one of the parties than the other. Section 16. Headings: Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Section 17.Waiver:There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not he deemed a waiver of the same right at a later time or of any other right under this Agreement. Waiver by any party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. Budding Better Communities Municipal Agreement 10 of 13Rev 6/10 I Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID:6815CB83-DB7E-46F2-A32F-E9316328CF2A Section 18. Representation of the Municipality: The Municipality represents that this Agreement has been duly authorized, executed and delivered by Mayor and Commission, as the governing body of the Municipality and it has granted the Mayor of the Municipality, or designee,the required power and authority to execute this Agreement. The Municipality agrees to:a)maintain the Project for a minimum of 25 years;b)agrees to govern itself, in regards to the subject Project, in accordance with Article 7 of the County Charter;c)keep the Project open safely and properly maintained for all Miami-Dade County residents;and, d) allow all Miami-Dade County residents equal access and use of the Project and not discriminate when charging facility admission fees based on where a resident resides in the County. The Municipality also agrees to accept and comply with the Administrative Rules as stated in Attachment I and as may hereafter be amended. Section 19. Representation of the County: The County represents that this Agreement has been duly approved, executed and delivered by the Board, as the governing body of the County, and it has granted the Miami-Dade County Mayor or Designee the required power and authority to execute this Agreement. Subject to the conditions set forth in this Agreement, the County agrees to provide the Funding Allocation to the Municipality for the purpose of developing and improving the Project in accordance with each of the attached Exhibit Forms, incorporated herein as Exhibits A-D, E(l)-E(3), F,G. and I-K of Attachment I (Administrative Rules). In addition to the other conditions set forth in this Agreement, Miami-Dade County shall only be obligated to reimburse the Municipality provided the Municipality is not in breach of this Agreement and the Municipality has demonstrated that it has adequate funds to complete the Project. The County shall administer, in accordance with the appropriate regulations, the funds available from the GGIF proceeds as authorized by Board Resolutions. Any and all reimbursement obligations of the County shall be fully subject to and contingent upon the availability of funding from the County for the specific purpose contained herein. The Municipality shall be solely responsible for submitting all documentation, as required by the specific Administrative Rules incorporated herein as Attachment I, to the County Mayor or designee for this purpose. Section 20. Invalidity of Provisions, Severability: Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. Section 21. Indemnity: Fhe Municipality does hereby agree to indemnify and hold harmless the County to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that Statute, whereby the Municipality shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of$200.000,or any claim or judgments or portions thereof, which when totaled with all other occurrences,exceeds the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the negligence of the Municipality. Flowever,nothing herein Building Better Communities Municipal Agreement 1 t of 13Rev.6/10 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID:6815C883-D87E-46F2-A32F-E9316328CF2A shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance or failure of performance of the County or any unrelated third party. The County does hereby agree to indemnify and hold harmless the Municipality to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that Statute, whereby the County shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000,or any claim or judgments or portions thereof,which when totaled with all other occurrences, exceeds the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the negligence of the County. however, nothing herein shall be deemed to indemnify the Municipality from any liability or claim arising out of the negligent performance or failure of performance of the Municipality or any unrelated third party. Section 22. Assignment: The Municipality may not assign all or any portion of this Agreement without the prior written consent of the County. Section 23. Entirety of Agreement: This Agreement, and the attachments thereto, incorporates and includes all prior negotiations, correspondence, conversations, agreements,and understandings applicable to the matters contained in this Agreement. The parties agree that there are no commitments,agreements,or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly,it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements,whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. Section 24. Counterparts/Electronic Signatures: This Agreement may be executed in any number of counterparts,each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Facsimile,.pdfand other electronic signatures to this Agreement shall have the same effect as original signatures. Building Beller Communities Municipal Agreement 12 of 13Rev 6/10 .I 1 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID:6815C883-DB7E-46F2-A32F-E9316328CF2A IN WITNESS THEREOF,the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of , 20_. Attested: City of Miami Beach, Florida By: P ?/, 5/12r5 City Manager Date For the City Commission, City of Miami Beach, Florida Rafael E. GranadoCLERK Attest: APPROVED AS TO FORM & LANGUAGE " 5/5/2025 I 2:29 PM EDT &FOR EXECUTION By. Gruudo_ - er�tc`"""� Date o Z5 MIAMI-DADE COUNTY, FLORIDA _ City Attorney Date By: County Mayor or Designee MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Stephen P.Clark Center III NW 1 Street Miami,Florida 33128 ATTEST: MIAMI DADE COUNTY, FLORIDA JUAN FERNANDEZ-BARQUIN, CLERK OF THE COURTS AND COMPTROLLER, By: (Deputy Clerk Signature) Print Name: Date: Approved by County Attorney as to form and legal sufficiency. ________ Building Better Communities Municipal Agreement 13 of 13Rev 6110 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID:6815CB83-087E-46F2-A32F-E931632BCF2A OS<ueen i .e.nnl 10 Cc,S,$e.ie,S.Ceae,O0•,C aeon Nre4 t0r l,29,10:4 . F 21 w is, Exhibit I•Project Budget and Description nr.,a Oat.- Miami-Dade County Building Better Communities General Obligation Bond Program(GOB) GOB Prolect Namg:Sabrina Cohen Adaptive Recreation Center Entity:City of Miami Beach GOB Project Number:161-70419 REVENUES EXPENSES FY 2023 •2024 Milestones BBCdOB Future GOB 'Other Funding Total Estimated Projected Schedule Total Estimated Allocation Allocation Allocations Revenues Start Date End Date Expenses Project Administration 0 Project Administration(Non-GOB) 711/2023 311/202S 0 Land Acquisition 0 Land Acquisition(Non-GOB) 0 'Pre-design,Planning,including preliminary engineering 0 Pre-design,Planning,including preliminary(Non-GOB) 0 AdE Selection 0 ABE Selection(Non-GOB) J 0 Design 0 _ 52,000 52,000 Design(Non-GOB) 7/1/2023 3/31/2024 52,000 Dry run/permit i 0 45,000 45.000 Dry run/permit(Non-GOB) 4/1/2024 6/30/2024 45,000 Contractor Selection • 0 Contractor Selection(Non-GOB) 4/1/2024 6/30/2024 0 577,000 577,000 Construction On Going 7/1/2024 2/1/2025 5/7,000 480,000 480,000 Construction On Going(Non-GOB) 6/1/2024 2/112025I 480,000 —� - -- [.onatructtdn`Substantially { Complete 0 . __f— 'tOn5UucUOn Substantially Complete(Non-GOB) 2/1/2025 3/1/2025 0 Other 0 --rt — — 1 Other(Non•GOB) I 0 5577,000.001 0 577,000 1,154.000 TOTALS 1,154,00000 •Other Funding(List sources and amounts) Funding Source Amount FROAP Grant 200.000 Sabrina Cohen Foundation 300,000 City of Miami Beach 77,000 5/7,0001 Project Narrative/Description(Provide overall project description) The City of Miami Beach.in partnership with the Sabnna Cohen Foundation.wa be renovating Beachview Park to make n an adaptive Oceanside park The scope of work will include a new playground,shade structure for playground,exercise equipment.new paver pathway to connect with existing beachwalk.new landscaping,irrigation,lighting.etc. GOB Total Funding Allocation Narrative/Description(Provide description of what GOB funds will pay for) The GOB funding wit cover the construction related activities for the pro;ec: GOB FY 2022-2024 Funding Allocation Narrative/Description The GOB funding will cover a portion of construction related activities for the renovation of Beachview Park to make it an adapative Oceanside park Funds will support the executing a new playground,shade structure for playground exercise equipment,new paver pathway to connect with existing beachwalk new landscaping.irrigation,lighting.etc "For avracpal4es and Public agenc,es.thx nuax.along os,he enlay's iesooriion,conker%.th Arch 41.Section i,A2e of the So l:r 9 Bener Cortvnur'hex Bond P,Oyiarn SGOt) Adri ioiral,v0 Rules 9u•ang Better Comm-,vies Page i oi, Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID 6815CB83-DB7E-46F2-A32F-E9316328CF2A RESOLUTION NO. 2021-31683 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A GRANT ALLOCATION IN THE AMOUNT OF $577,000 FROM MIAMI-DADE COUNTY, FLORIDA FOR THE DESIGN AND CONSTRUCTION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH THE SABRINA COHEN ADAPTIVE RECREATION CENTER PROJECT. WHEREAS, the City of Miami Beach, Florida("City') is eager to provide greater access to the City's beaches to persons living with physical and cognitive disabilities, including through development of a wellness center on City-owned property; and WHEREAS, the Sabrina Cohen Adaptive Recreation Center ("Foundation") is a Florida not-for-profit corporation of the State of Florida, that exists as a 501(c)(3)public charity under the Internal Revenue Code, and currently operates a successful adaptive beach day program within the City of Miami Beach, with accessible beach programming at or near Allison Park; and WHEREAS, in view of the limited funding available to the City to support its City-wide parks and recreational needs, the Foundation approached the City with a proposal to provide the necessary funding for the design, development, and construction of a City-owned adaptive recreational facility(hereinafter referred to as the"Adaptive Recreation Center"or"Center")which, once completed, will be utilized with the intent of providing an accessible access point to the beach, and beach programming for persons living with physical and cognitive disabilities, including seniors living with disabilities and able-bodied individuals with temporary injuries; and WHEREAS, the City would be the owner of the Center,which will be used for the primary purpose of providing the general public and specifically, persons living with physical and cognitive disabilities, including seniors living with disabilities and able-bodied individuals with temporary injuries, with an accessible access point to the beach and related beach programming; and WHEREAS, on October 31, 2017, the Mayor and City Commission adopted Resolution No. 2017-30082,approving a Collaboration, Funding and Management Agreement("Agreement") the Foundation, for the Foundation to raise the funds and be responsible for all of the expenses related to the City's design, development and construction of an Adaptive Recreation Center, to be located within a portion of the City's"P72"surface parking lot at 53rd Street and Collins Avenue (the"P72 Lot"); and WHEREAS,the Agreement provides that the City would be the owner of the Center,which would be used for the primary purpose of providing the general public and, specifically, persons living with physical and cognitive disabilities, including seniors living with disabilities and able- bodied individuals with temporary injuries, with an accessible access point to the beach and related beach programming; and WHEREAS, on July 2, 2018, pursuant to the Agreement's terms, the Mayor and City Commission adopted Resolution No. 2018-30377, and approved, in the City's proprietary capacity, the Foundation's proposed Concept Plan for the Center; and WHEREAS, pursuant to Miami-Dade County Resolution No. R-914-04 ("Public Infrastructure Resolution"), the voters of Miami-Dade County (the 'County") approved the issuance of general obligation bonds in a principal amount not to exceed $352,182,000.00 to Docusign Envelope ID:04E2CED5-13F8-44CF-A5FG-F0C420285333 Docusign Envelope ID 68'5C883-D87E-46F2-A32F-E93'6328CF2A construct and improve walkways, bikeways, bridges and access to the Seaport and other municipal and neighborhood infrastructure improvements to enhance quality of life; and WHEREAS, one of the original projects listed in the County's Public Infrastructure Resolution is Project No. 161 - "Unincorporated Municipal Service Area - Infrastructure Improvements"("Project No. 161") in Commission District 5, with a municipal project location of unincorporated Miami-Dade County, a project location of "various", an original allocation of $577,000.00 and a project description as follows:"Various infrastructure improvements to include but not be limited to: sidewalks, resurfacing and guardrails in District 5"; and WHEREAS, on April 20, 2021, the Miami Dade County Board of County Commissioners adopted a Resolution approving an allocation of$577,000,00 of Project No. 161 funds to the City of Miami Beach for the design and construction of the public infrastructure improvements associated with the Sabrina Cohen Adaptive Recreation Center Project; and WHEREAS, the Administration recommends that the City accept the allocation of $577,000.00 from the County for the design and construction of the public neighborhood infrastructure project associated with the Sabrina Cohen Adaptive Recreation Center Project. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby accept a grant allocation in the amount of $577,000 form Miami-Dade County, Florida, for the design and construction of public infrastructure improvements associated with the Sabrina Cohen Adaptive Recreation Center Project. PASSED and ADOPTED this _o?q day of /'f�Ori/ __2021. ATTEST: 1‘2-z --,-- "-`--- DAN GELBER, MAYOR A .....„,, ,p,.„„,. ..„.. ..........,.c,„ .,,,4... \fr( ...!s:..„ ,. RAFAEL E. GRANA , ITY CLERK , ,`00 ,, ` 'iIkORPAORATED! APPROVED AS TO FORM&LANGUAGE & FOR EXECUTION a- 0---- LI - 2„41_, city/Homey Date I Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID 6815CB83-DB7E-46F2-A32F-E931632BCF2A Resolutions -C7 Y MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz,Acting City Attorney DATE: April 29, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING A GRANT ALLOCATION IN THE AMOUNT OF $577,000 FROM MIAMI-DADE COUNTY, FLORIDA FOR THE DESIGN AND CONSTRUCTION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH THE SABRINA COHEN ADAPTIVE RECREATION CENTER PROJECT. SUPPORTING $URVEYDATA N/A Js this a"Residents Right D eLthis G.O. to Know"item,pursuant to end Funds? City_Code Section 2-14? No No Legislative Tracking Office of the City Attorney ALTAcIHMENTi Description ❑ Memorandum ❑ Resolution Page 354 of 538 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID'6815CB83-DB7E-46F2-A32F-E931632BCF2A MIAM BEACH City of Miami Beach, i 700 Convention Center Drive,Miami Beach,Florida 33'.39, www m,arn;beoch1 gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Comm ion FROM: Raul J. Aguila, Interim City Ma r DATE: April 21, 2021 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A GRANT ALLOCATION IN THE AMOUNT OF $577,000 FROM MIAMI-DADE COUNTY, FLORIDA FOR THE DESIGN AND CONSTRUCTION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH THE SABRINA COHEN ADAPTIVE RECREATION CENTER PROJECT. Background The City of Miami Beach,Florida("City")is eager to provide greater access to the City's beaches to persons living with physical and cognitive disabilities,including through development of a wellness center on City-owned property.The Sabrina Cohen Adaptive Recreation Center("Foundation")is a Florida not-for-profit corporation of the State of Florida, that exists as a 501(c)(3) public charity under the Internal Revenue Code,and currently operates a successful adaptive beach day program within the City of Miami Beach,with accessible beach programming at or near Allison Park; and In view of the limited funding available to the City to support its City-w.de parks and recreational needs,the Foundation approached the City with a proposal to provide the necessary funding for the design, development, and construction of a City-owned adaptive recreational facility(hereinafter referred to as the"Adaptive Recreation Center or"Center")which,once completed,will be utilized with the intent of providing an accessible access point to the beach, and beach programming for persons living with physical and cognitive disabilities, including seniors living with disabilities and able-bodied individuals with temporary injuries. Under the proposal, the City would be the owner of the Center, which will be used for the primary purpose of providing the general public and specifically, persons living with physical and cognitive disabilities, including seniors living with disabilities and able-bodied individuals with temporary injuries, with an accessible access point to the beach and related beach programming; and On October 31, 2017, the Mayor and City Commission adopted Resolution No. 2017-30082, approving a Collaboration,Funding and Management Agreement("Agreement')the Foundation,for the Foundation to raise the funds and be responsible for all of the expenses related to the City's design, development and construction of an Adaptive Recreation Center, to be located within a portion of the City's"P72"surface parking lot at 53'd Street and Collins Avenue(the"P72 Lot").The Agreement provides that the City would be the owner of the Center, which would be used for the primary purpose of providing the general public and,specifically, persons living with physical and cognitive disabilities, including seniors living with disabilities and able-bodied individuals with temporary injuries,with an accessible access point to the beach and related beach programming. On July 2, 2018, pursuant to the Agreement's terms, the Mayor and City Commission adopted Resolution No. 2018-30377, and approved, in the City's proprietary capacity, the Foundation's Page 355 of 538 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope 1D:6815CB83-D87E-46F2-A32F-E9316328CF2A Third Amendment to the FY 2021 General Fund,Enterprise,Internal Service.and Special Revenue Funds Budgets Page 2 proposed Concept Plan for the Center, Miami-Dade County Grant Allocation Pursuant to Miami-Dade County Resolution No. R-914-04("Public Infrastructure Resolution'), the voters of Miami-Dade County(the"County")approved the issuance of general obligation bonds in a principal amount not to exceed $352,182,000.00 to construct and improve walkways, bikeways, bridges and access to the Seaport and other municipal and neighborhood infrastructure improvements to enhance quality of fife. One of the original projects fisted in the County's Public Infrastructure Resolution is Project No. 161 - "Unincorporated Municipal Service Area - Infrastructure Improvements"("Project No. 161")in Commission District 5, with a municipal project location of unincorporated Miami-Dade County,a project location of"various",an original allocation of$577,000.00 and a project description as follows:'Various infrastructure improvements to include but not be limited to: sidewalks, resurfacing and guardrails in District 5". On April 20,2021, the Miami Dade County Board adopted a Resolution approving an allocation of $577,000.00 of Project No. 161 funds to the City of Miami Beach for the design and construction of the public infrastructure improvements associated with the Sabrina Cohen Adaptive Recreation Center Project. CONCLUSION The Administration recommends that the City accept the allocation of$577,000.00 from the County for the design and construction of the public neighborhood infrastructure project associated with the Sabrina Cohen Adaptive Recreation Center Project. Page 356 of 538 Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID:6815C883-0B7E-46F2-A32F-E931632BCF2A MIAMI BEACH Contract/Document Routing Form Contract No. Tile N/A Interlocal Agreement between City of Miami Beach and Miami-Dade County:Beachview Park Improvements(Project a 70419) Contractor Requesting Department Miami-Dade County Parks and Recreation Department Director Name,Signature&Date ACM Name,Signature&Date John Rebar 7,—eL„ r • r (Mark Taxis ' EDT Document Type(Select One) Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2-Any other contract,amendment,change order,or task order that does not result from a procurement-issued competitive solicitation. Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement X Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement Type 5-Grant agreements with the City as the grantor Type 8-Other. Summary&Justification During the April 29,2021 City Commission meeting,Resolution No.2021-31683 was passed accepting a grant allocation in the amount of$577,000 from Miami-Dade County,Florida for the design and construction associated with the Sabrina Cohen Adaptive Recreation Center Project.As part of the project,overall park improvements will be made to Beachview Park,which is where the funding will be used. Miami-Dade County has agreed to fund$577,000 from their GGIF to support the Beachview Park Improvements project.This is a matching grant in which the City has identified matching funds via donations from the Sabrina Cohen Foundation, existing capital projects and possible FRDAP funding.The Parks and Recreation is prepared to proceed with this project as soon as this agreement is executed by both parties. >Original'Twat Renewal Periods Total Terra(Original+Renewals) See below' N/A See below' 'As per the agreement, "Subject to certain exceptions the applicability of which is to be reviewed on a case-by-cose basis, the reimbursement allocation will be mode no later than eighteen(18)months after the later of(o)the dote the original expenditure is paid,or(b)the dote the project is placed in service or abandoned,but in no event more than three(3)years after the original expenditure is paid by the Municipality." Funding information Grant Funded: ©EM. No 1111 State Federal © Other: Miami-Dade Coun Cost&Funding Source Year Annual Cost Account Require Enhancement 1 $577,000 Pending Account from Finance Yes X No 2 Yes No 3 Yes No 4 Yes No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed.3.Budget approval Indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. AuthorIty,to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2021-31683 C7Y April 29,2021 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: Compliance Approvals Procurement: N/A Grants: kneel.- /'4'/202 5 I 9:3 5 AM E D7 Rev 105 i Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID'.6815C883 D67E-46F2-A32F-E931632BCF2A Budget: N/A Information Technology: N/A Risk Management: N/A Fleet&Facilities: N/A Human Resources: N/A Other: Instructions for Conn•ieti : &Routin: Contract Coversheet 1. Every field must be completed.If the requested information is not applicable,enter N/A. 2. Prior to routing a document, it is advisable to confirm the authority to sign, funding/account information, risk management compliance,and controlled purchases(IT or Fleet/Facilities)with the appropriate department. 3. Attach all supporting documentation(e.g.,resolutions,commission memorandums,etc.)when routing. 4. When creating the workflow in DocuSign, in addition to the department head and applicable assistant/deputy city manager, make sure the individuals(or designees)indicated in the Required Compliance Approvals section below are included in the approval path.Note that compliance approvers must approve prior to the ACM. 5. The City Manager does not need to sign the cover sheet. 6. If you have any questions,contact the Procurement Department. Required Com'Iiance A••royals When routing documents for approval by the city manager,in addition to the department head and applicable city manager, make sure the following individuals(or designees)are included in the approval path,depending on each contract type. Type 1—Contract,amendment,or task order for the purchase of goods or services resulting from a competitive solicitation. • Chief Procurement Officer • Office of Management&Budget Director,plus"department assigned"Budget Analyst (Except for non-monetary contracts,amendments,and consent of assignments;remove OMB) • Grants Management Division Director—if the purchase is grant-funded. • Controlled purchases— o Facilities and Fleet Director—if the purchase involves a"facilities"or"vehicle"item. o Information Technology Director—if the purchase involves a technology item. Type 2—Other contracts or amendments for the purchase of goods or services not resulting from a procurement-issued competitive solicitation. • Chief Procurement Officer(Except for Bid Waivers;remove Procurement Signature) • Office of Management&Budget Director,plus"department assigned"Budget Analyst (Except for non-monetary contracts,amendments,and consent of assignments;remove OMB) • Human Resources Senior Risk Officer • Grants Management Division Director—if the purchase is grant-funded. • Controlled purchases— o Facilities and Fleet Director—if the purchase involves a"facilities"or"vehicle"item. o Information Technology Director—if the purchase involves a technology item. Type 3—Independent Contractor Agreements • Human Resources Director • Office of Management&Budget Director,plus"department assigned"Budget Analyst • Note:ICAs must include a resume of the individual selected. Type 4—Grant agreements when the City is the recipient. • Grants Management Division Director Type 5—Grant agreements when the City is the grantor. • As appropriate,depending on the grant type. Type 6—Tenant agreements • Facilities and Fleet Director Arse ins Docusign Envelope ID:04E2CED5-13F8-44CF-A5F6-F0C420285339 Docusign Envelope ID:6815C883-DB7E-46F2-A32F-E931632BCF2A Type 7—Inter-governmental agency agreement • Chief Financial Officer Type 8—Other(e.g.,scholarships,utilities,educational initiatives,etc.) • Office of Management&Budget Director,plus"department assigned"Budget Analyst For any other type,contact the Procurement Department for assistance. Rr,SIM