Loading...
HomeMy WebLinkAbout98-22638 RESO RESOLUTION NO. 98-22638 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE SUBMISSION OF FOUR GRANT APPLICATIONS FOR FUNDING IN A TOTAL AMOUNT OF $5,166,000, FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR THE PURPOSE OF RENOVATING SEVERAL PARKS AND RECREATION FACILITIES WITHIN THE MIAMI BEACH PARK SYSTEM; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO SAID APPLICATIONS; ESTABLISHING THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM RENOVATION PROJECT WORK ORDER; AND FURTHER APPROPRIATING THE GRANT FUNDING INTO THE WORK ORDER. WHEREAS, the Citizens of Miami-Dade County have authorized the issuance of general obligation bonds (the "Bonds") for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreation facilities; and WHEREAS, to implement and give effect to the bond program, Miami- Dade County, Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance (the "Ordinance"); and WHEREAS, it is necessary and desirable to improve the quality of life, to benefit property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities of youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS, in order to foster those important values, the following projects have been identified for reimbursement pursuant to the terms ofthe Ordinance; and WHEREAS, pursuant to the terms of the Ordinance, the passage of this Resolution and the acts contemplated by this Resolution are conditions to obtaining a grant; and WHEREAS, the City of Miami Beach ("City") made applications for the grant monies for the projects listed in Section I below subject to all terms and conditions of the Ordinance; and WHEREAS, these grant applications were received by the City's Recreation, Culture and Parks Department after the July 17, 1997 Commission agenda deadline and were due and submitted to Miami-Dade County on July 31, 1997; and WHEREAS, the conditions as required by Miami-Dade County for receipt of grant monies were only recently made available to the Recreation, Culture and Parks Department, therefore requiring this after the fact authorization by the City for the submittal of the subject grant applications. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: Section 1. The City hereby authorizes the City Manager or his designee to make application for grants for the projects and in the amounts listed below, and in connection with such application to execute such grant agreements and other contracts and documents, subject to approval of the City and its Legal Department, to expend Safe Neighborhood Parks bond funds received for the purposes described in the funding request, to execute any necessary amendments to the grant application and contracts, and take such other acts as may be necessary accomplish the intent of this Resolution. Application shall be made with respect to each of the following projects (the "Projects") in the amounts set forth below: GRANT TITLE YEAR ONE TOTAL FUNDING GRANT (FY 97/98) 1,185,000 3,000,000 457,000 1,000,000 225,000 225,000 117,600 941,000 1. Beach & Boardwalks 2. New Swimming Pool- Flamingo Park 3. P .A.L. Resource Center Flamingo Park 4. S. Rakow Ice Skating Rink Section 2. The City of Miami Beach shall complete each of the Projects in accordance with the temlS of the grant agreement, the Ordinance, and the administrative rules authorized by the Miami-Dade County Citizens' Oversight Committee (the "Committee") to implement the Ordinance. If the total cost of a Project exceeds the value allocated in the grant, then the City of Miami Beach will provide any supplemental funds required to complete the Project. In the event that supplemental funds are necessary for completion of a Project, as of the point in time that it is known that such supplemental funds are needed, the City of Miami Beach will demonstrate that such supplemental funds have been committed to the Project prior to and as a condition of disbursement of future disbursement of grant funds. The requirement for the City of Miami Beach to provide any supplemental funds required to complete the Project may, at the sole discretion of the Committee, be modified in whole or part by a reduction in scope of work consistent with the Ordinance. Section 3. The City of Miami Beach recognizes and directs that any beach, park, or other public facility acquired, developed, rehabilitated or restored with bond funds, including the Projects, shall be open and accessible to the public without discrimination as to race, color, gender, age, religion, belief, residence, natural origin, marital status, or disability. Section 4. To the extent allowed by law and its adopted budget, the City of Miami Beach shall commit any and all funds which may be required to operate, maintain, and provide programming at each park project upon its completion. Section 5. No substitution in capital project funding by the City of Miami Beach shall occur as a result of the grant for which the City is applying. "i. Section 6. The Mayor and City Clerk are authorized to execute all necessary documents related to the grant applications. Section 7. The Safe Neighborhood Parks Bond Project Work Order is hereby established for the purpose of renovating several parks and recreation facilities within the Miami Beach Parks System, and the funds received are appropriated into the work order. PASSED and ADOPTED this 21 s t day of January ,1998. ;JJt, MAYOR ATTEST: ~~~ PtlA~ CITY CLERK F:\RCP A\SALLIKEVIN\SNB2.RES APPROVED AS TO FORM & lANGUAGE & FOR EXECU110N /tA1~ C'Attomev . CITY OF MIAMI BEACH. PROPOSED PROJECTS FOR DADE COUNTY PARKS, RECREATION, BE~CHES AND CULTURAL FACILITIES MEASURE OF 1996 BEACH RESTORATION! BOARDWALK! BROADW ALK ENHANCEMENTS Funding Request: $10 Million The beaches of Miami Beach, world renowned for their beauty, are utilized by thousands of Dade County citizens, tourists and guests on a daily basis. According to statistics provided by the City of Miami Beach Patrol over 7.5 million visitors used the City's beach in 1995. This is an incredible statistic considering the entire surface of this beach is only 7.5 miles long. The every increasing popularity of this beach has taken its toll over the years and it is now time for its restoration. In 1995 the City of Miami Beach, with the cooperation and participation of Dade County Parks Department, Irotel Owners, beach concessionaires, DERM and other interested organizations and individuals formulated a Beach Master Planning Committee. This committee was charged 'with the monumental task of identifying all the elements of the existing beach experience that the tourist, resident. or day guest encounters in a typical visit to the beach. It was also the committee's task to analyze what components should be added, removed or modified to enhance this experience and to ultimately make Miami Beach a "World Class Beach." Based on the extensive study and evaluation conducted by this working committee it was determined that the beach needed extensive restorations in areas. These included but not limited to landscaping, restrooms! concession stands, street ends, parking lots, boardwalk! broadwalk enhancements and extensions, new lifeguard stands, beach maintenance equipment and dune renorishiment and replanting. To this end the City of Miami Beach received the approval from the City Commission to issue a Request for Proposals for professional master planning services. This RFP is in the development process and will be issued soon. The beach is currently operated by the City of Miami Beach and the area east of the dune is maintained by Dade County's Beach Maintenance Division. If this project is funded, it will be administered by the City of Miami Beach with the oversight and guidance of the established Beach Master Planning Committee, chaired by Commissioner David Pearlson. Considering the beach is Dade County's most popular tourist attraction, generates extensive tourism tax dollars and is the our most valuable resource is very important that this project be funded if this measure is approved by the voters. ~~ LITY OF MIAMI BEACH GOLF COURSES RESTORATION Funding Request: Bayshore Golf Course Normandy Shores Golf Course Par 3 golf Course $3.5 million $3.5 million $2.0 million The City of Miami Beach currently owns three golf courses. Bayshore (118.51 acres) and Normandy Shores (126 acr~s) courses are 18 holes and the Par 3 (25 acres) is a 9-hole facility. The courses have significant regional impact, providing recreational opportunities for thousands of Miami Beach and Dade County residents and tourists on a year round basis. These enhanced facilities will offer Dade County residents a first class recreational experience and generate additional revenues by increasing the tourist base coming to Mfami Beach specifically to play golf or by extending their stay to play golf. All three facilities are presently in need of extensive renovation and restoration in areas including but not limited to the clubhouse,. fairways, tees, greens, sand traps, cart paths, irrigation systems and' landscaping. Based on preliminary discussions with various golf course professionals the amounts requested are realistic. ... In an effort to obtain the future vision of what the City's golf courses should be the City Commission appointed a "Golf Visioning Committee" comprised of a Member of the City Commission, golf players who use the courses, golf professionals, Miami Beach residents, Golf . Advisory Board members, and Administration representatives. This group will serve as a steering committee, should the project be funded. COLLINS PARK! BASS MUSEUM GARDENS BEAUTIFICATION PROJECT Funding Request: $2.5 million The City of Miami Beach's Bass Museum is presently undergoing an expansion and renovation. The existing 16,000 square foot facility, constructed in 1930 will be renovated and a new addition of 24,900 square feet constructed for a total interior surface space of approximately 40,000 square feet. It is estimated the cost of this enhancement will be $8 million dollars. The original proposed design, developed by the world renowned architect Arata Isozaki, included an expansive garden complete with sculptures, majestic Royal Palms, reflecting pools and shade trees. This plan would extend from what is now the front of the Bass Museum through Collins Park and ultimately end at the ocean. Due to the cost of construction and the availability of funding for this landscape program, this component has been delayed. This project if funded would greatly enhance the cultural experience of the museum guest, and offer a respite area to enjoy the open air and beauty of a magnificent park. The City of Miami Beach has appointed an oversight committee for the construction of the Bass Museum. This committee is comprised of professionals in the fields of construction, museums, finance and other related experiences. If the program is funded this committee and the Bass .., I' Museum Board Qf Trustees will be responsible for the administI:ation of this project. NORTH SHORE OPEN SPACE PARK Funding Request: $ 3 million This 34-acre park, located. on Collins A venue and the ocean between 79th and 87th stI:eets is one of the last remaining undeveloped beach front! dune areas in Dade County. Facilities in the park include an extensive boardwalk! deck system that travels throughout the beach front, covered picnic shelters, grills, restrooms and concession facilities, mature landscaping, small nature center and Dade County Turtle Hatchery. Additional recreational facilities include a playground, beach volleyball courts, a guarded swim area, and Dade County's Beach Maintenance Division. The park is used by thousands of beach goers annually. The park has a significant regional impact on the open space in Dade County, serving as a primary weekend recreational destination for Dade County residents, and tourists. Due to the severe impact of the ocean environment the facilities including the boardwalk, buildings and decking are in need of extensive reconstruction. North Shore Open Space Park is operated by the Recreation, Culture and Parks Department. If funded a comprehensive 'renovation of the park would be administered through this Department with the guidance of the City Commission, ~e Administration and the Recreational Facilities and Parks Advisory Board. SWIMMING POOLS RENOVATIONS! NEW CONSTRUCTION Funding Request: $4.5. Million The City of Miami Beach is completing a comprehensive Parks Master Plan for twenty-two (22). parks and recreation sites. The goal of this master plan is to provide a "total picture" of what the City's parks system should be to meet the recreational needs of our residents and visitors well into the future. The master plan architects, based on input and comments from residents at sixteen (16) community meetings have developed a comprehensive listing of parks and recreation facilities. and programs the citizens would want included in their revised parks system. The first phase of this master plan will soon be complete, and it is clear the recreational facilities requested by our residents far exceed the resources presently available to provide the optimum facilities. One recreational facility residents have requested consistently is a new swimming pool in their neighborhood. The City currently has three (3) pools. These are located at Normandy Isle, the Scott Rakow Youth Center, and Flamingo Park. These pools are extensively utilized year round by all segments of the citizenry, from youths to senior citizens. It has been determined by the master planners that the pool at the Youth Center is in good ! ,.', condition, but the ones at Normandy Isle Park and Flamingo Park should be demolished and new ones built in their place. The community has also requested that an additional new pool be constructed at North Shore Park. The City of Miami Beach is requesting $1.5 million dollars for each of three pools to pay for the cost of such construction. This project would be administered under the guidance of the City Commission, this Administration, the Recreation, Culture and Parks Department and the Recreational Facilities an~Parks Advisory Board. ." .. <Q .. g, .... ". '=< ~ Ii " " ;; -:;., (/J~ - "':'l (; = ~ - a;= Ol - " rr.> >.2- < .. " to.> " ..., = 0 " 0 .' .." .." ..,,/ .." :> z I::: Q " Ol t"" - ~ ;;::: " !":!l ~ '" CO ~ ~ " I::: " 9 ~ " Ii 9 2. ~ :< ~ If Ol r. " '" . ("l " ~ ,;; 0 " " * \0 :: Ii < \0 C. 2- Ol \0 ~ - "" 5' ~. - ..., '" en - ~ > ~ ~ < " g ~ " " r;; Sl " a ..., \0. > :::1 :::1 :;::l t"l C'-l C'-l .." (/J ~. rr:"' Q :: ~ - c: 0'< z -= ..., - .... :;;ll Q .. - :> - :> ;;:: - ~ cr. c. So ., - i:"' c..__ Vl ;:;'" >- " - n__ ,.. ;::: ;;::: ~ co < . en "'; - ,.. e t"l Ii ... - " - ,.. o ... t"l C"'l ,... '" ~;;;'~ ~~~ ~. " '" = o to.> Q. " (/J " >:;-- < " Z i: s:e. S; = ~ 3 CD Co g Q. ..., o ..... o -; ;:! " < " > ..... ..... C"'l C"> .... :;::l V- b t"l ..... 0 C'-l :: ,.. CO' 5' t"" ;;::: no a' ;;::: - ;;::: ;; " Co !! !!. " " " ~ 0 " " en' Ol " Ol n - n " Q. is e- rr.> S2 ~ g Si" 0 Q. n Q. :; Q. r; '" ~ " < i'j" ;; ~ " :< " Sl < " " '" ~ ~ " r; '" :- ::- ;:! ., ~ :!!. ;:! g" "'; 0 .?<' = is ., " < 5. n 5. c; ~ '" " !!. ~. Q.= ~ ~ ;; ~. 3: " . ~ a' (;. ("l ~ 5' !! - :;; n ~. ?<' " ~ 0 - ,;; ., r. n ;; " " ;;::: ,;; CO' rl Ol ~ 0 Q. " ::;> 3: '" n '" "'" 3 ~ n g I::: :: 0' 0 " C'-l c: 3 " 0 " Co ~ ~ ~ n " 3 ;:j " a ?<' 0 2 5 ("l 3 ~ g, i'!" a' :: ":l - J. " .'" g" 0 C"'l <= " c. " .:;; Ii "':l ;; ~ o' - " 2- ~ n '" Q. ~ .., " '" .:;; " ,,' :!!. ~ :< " ::E > 0 r; 2. ., " 0 " 9 Co ~ i:"' - ~ " r. " i in .:;; " ~ n ;:. ... 5" ri r;; '" g.. ~a; :: g" - 0 c ,;; Sl (; Co ... 0 > in (;. i:"' .... .... .... .... ~ - ....,~- ..'" ..... .," .... .0 .... g .g .....0 to.> \0 - 0 to.> .." 0 .... =- 0 en 0 0 - = 0 '= '0 - .. 0 0 0 0 ~ " 0 0 0 0 0 0 .... C- O 0 0 .. <:> 0 <:> ~ :::1 - CIl C'-l " ;;0 2 " !J~ ~a o ., ..,=- 3:g ir ::. =- '" "'; " =., ... :=:- .. _!l. > !l .., - \0 \0 =- " ' ,., CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 http:\\Ci.miami-beach.fl.us ' ~. COMMISSION MEMORANDUM NO. 3D- 9 5t TO: Mayor Neisen O. Kasdin and DATE: January 21,1998 Members of the City Commission Sergio ROdrigAi:ez City Manager A RESOLUTI THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE SUBMISSION OF FOUR GRANT APPLICATIONS FOR FUNDING IN A TOTAL AMOUNT OF $5,166,000, FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR THE PURPOSE OF RENOVATING SEVERAL PARKS AND RECREA TION FACILITIES WITHIN THE MIAMI BEACH PARK SYSTEM; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO SAID APPLICATIONS; ESTABLISHING THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM RENOVATION PROJECT WORK ORDER; AND FURTHER APPROPRIATING THE GRANT FUNDING INTO THE WORK ORDER. FROM: SUBJECT: ADMINISTRATION RECOMMENDATION: Approve the Resolution. BACKGROUND: In June of 1995, the County, in conjunction with representatives of the Trust for Public Lands, initiated a survey to evaluate current and future recreation and parks needs of its residents. The survey disclosed the existence of a shortfall of over $1 billion in capital for basic repair and renovation of aging parks, development of new and underdeveloped facilities, and acquisition ofland to meet open space deficiencies. In response to the survey, the City of Miami Beach reported a need for approximately $29 million in capital. (See attached list submitted.) The results of the survey were evaluated by the Citizens Advisory Council, a volunteer group formed by the Trust for Public Lands. The Citizens Advisory Council recommendations for funding were incorporated in the Safe Neighborhood Parks Ordinance prepared and submitted to the Board of County Commissioners. Of the $29 million in funds requested by the City of Miami Beach, the Citizens Advisory Council recommended a total allocation of $7,3 16,000. (See attached listing as recommended.) AGENDA ITEM ~-,~ DATE l-'2\-9~ .' " ~ , . " , . The County Commission passed the Safe Neighborhood Parks Act of 1996 on July 16, 1996, authorizing a general obligation bond measure to seek the approval of the voters of the County to sell up to $200 million bonds for purchase of land for future park sites, construction of new parks, and restoration of existing facilities throughout the County. The Ordinance also established a Citizen's Oversight Committee comprised of thirteen (13) members, one residing in each of the thirteen (13) County Commission districts. The Citizen's Oversight Committee was formed to oversee the disbursement of the proceeds from the sale of said bonds. Based on the recommendations resulting from the Safe Neighborhood Parks Act of 1996, the City of Miami Beach will receive the following allocations: PARK PROJECT · Per Capita Funds · Beach and Boardwalk · North Shore Open Space Park · PAL Resource Center Flamingo Park · Swimming Pool Renovations PRELIMINARY SCOPE OF WORK PROPOSEDAMOUNT($\ Discretionary local park and recreation needs. $ 941,000 Reconstruct beachfront boardwalks and initiate shoreline restoration. $3,000,000 Reconstruct park facilities, including boardwalk, decking and other shoreline features. $2,100,000 Reconstruct Miami Beach PAL facilities including athletic and community meeting facilities. $ 225,000 Renovate/reconstruct existing three City pools at the Rakow Youth Center, Flamingo Park and Normandy Isle Park. $1,000,000 Following the passage of the Safe Neighborhood Parks Act of 1996, the Citizen's Oversight Committee worked with community representatives and local Park and Recreation professionals to develop the guidelines for application and project implementation. ANALYSIS: The City of Miami Beach submitted applications to the Citizen's Oversight Committee for the following projects: GRANT TITLE I. Beach & Boardwalks 2. New Swimming Pool- Flamingo Park 3. P .A.L. Resource Center Flamingo Park 4. S. Rakow Ice Skating Rink YEAR ONE TOTAL FUNDING GRANT (FY 97/98) 1,185,000 3,000,000 457,000 1,000,000 225,000 225,000 117,600 941,000 ,:; '. h \" The application for this grant was received by the City's Recreation, Culture and Parks Department after the July 17, 1997, Commission agenda deadline and was due to be submitted to the County on July 31, 1997. Specific wording of this Resolution, as required by Miami-Dade County, was only recently made available. The City will submit the remaining application for North Shore Open Space Park when the pending Altos del Mar issues are resolved. CONCLUSION: The Administration recommends that the City Commission adopt the attached Resolution ratifying the submission of four grant applications for funding in a total amount of $5,166,000 from the Miami-Dade County Safe Neighborhood Parks Bond Program, authorizing the Mayor and City Clerk to execute all necessary documents related to said applications, establishing the Safe Neighborhood Parks Bond Program Renovation Project Work Order and appropriating the grant funding into the work order. ~~1t=;~GRNTCOM AMENDMENT TO SERIES 97 CONTRACT THIS AMENDMENT TO CONTRACT, entered into this ,)..{Sr day of ~h"(..l..Cltf--, 2001-, by and between Miami-Dade County, a political subdivision of the State of Florida (County) through its Office of Safe Neighborhood Parks (Office), located at 10710 S.w. 211 Street, Room 109, Miami, FL 33189, and Citv of Miami Beach having offices at 2100 Washinaton Avenue. Miami Beach. FL 33139 (Grantee), WITNESSETH: WHEREAS, by Resolution No. R-1186-97, passed and adopted on October 7, 1997, the Board of County Commissioners authorized a Contract between the above named parties for the rendering of Safe Neighborhood Parks Bond Project(s); and WHEREAS, both Office of Safe Neighborhood Parks and Citv of Miami Beach are desirous of amending said Contract to accomplish the purposes set forth below, NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties hereto agree as follows: 1. Section III, EFFECTIVE TERM is amended to read as follows: Both parties agree that the effective term of this Agreement shall be from February 1. 1998 to January 31. 2002. Failure by the Grantee to complete ~ . '. . ' the project by the aforementioned date shall be cause for the County to terminate this Agreement. In all other respects the Contract shall remain in full force and effect in accordance with the terms and conditions specified therein. IN WITNESS WHEREOF the parties have caused this Amendment to Contract to be executed on their behalf as of the date first above written. c-~~~ Signature Simon Cruz, Vice-Mayor Name (typed) P Mdb-- By: (Corporate Seal) MIAMI-DADE COUNTY, FLORIDA By: ~\~ M. R. Stierheim County Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED /as TO FORM & lANGUAGf & FOR EXECUTION 4f/)jf#dI~ Cit Attorney ~ fJ-. - J J,.. cJV Date Agreement # S/PC 99-3 SAFE NEIGHBORHOOD PARKS BOND PROGRAM SPECIFIED/PER CAPITA GRANTS AGREEMENT This Agreement, made this ~Sr- day of C/!JIJJl ' by and between Miami-Dade County, a political subdivision of the State Florida (County) through its Office of Safe Neighborhood Parks (Office), located at III N.W. 1st Street, Suite 1740, Miami, FL 33128, and Citv of Miami Beach (Grantee) having offices at 2100 Washington Avenue. Miami Beach. FL 33139 states conditions and covenants for the rendering of Safe Neighborhood Parks Bond Project (Project(s)) for the County. WHEREAS, the citizens of Miami-Dade County have authorized the issuance of general obligation bonds for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreation facilities; and WHEREAS, to implement and give effect to the bond program, Miami-Dade County, Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance; and WHEREAS, it is necessary and desirable to improve the quality oflife, to preserve property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS. in order to foster those important values, the project(s) listed herein have been identified for reimbursement pursuant to the terms of the Ordinance; NOW, THEREFORE, the parties agree as follows: I. SCOPE OF SERVICE & BuDGET SUMMARY. The Grantee agrees to render services in accordance with the Brief Grant Summary statement incorporated, and that all expenditures or costs shall be made in accordance with the Budget( s) which is incorporated and attached as Exhibit(s). (See Section XV H). II. ADMINISTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to abide by and be governed by the Administrative Rules for Specified Project Grants, Per Capita Allocation Grants, Challenge Grants, and Interest Earnings and the Bond Ordinance, copies of which have been provided the Grantee by the Office. Without limiting the generality of the preceding sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 & Rules, lOB); Breach of Agreement (Rules, IOB(6) & IIF); Termination (Rules, IIF); Prohibited Use of Funds (Rules, lOD4); Required Documentation (Rules, lID & 12); Operating Funds (Ord., Sec. 5(b)(1)); Completion of Project and Supplemental Funding (Rules, 10B(l5)); and Audits (Ord., Sec. 13 & Rules, llA). III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall be from November 29. 1999 to November 28.2002 Failure by the Grantee to complete the project by the aforementioned date, unless extended, shall be cause for the County to terminate this Agreement. IV. AMOUNT PAY ABLE. The maximum amount payable for the project(s) rendered under this Agreement, shall not exceed $3.598.800 unless otherwise amended. V. FUNDING COMMITMENT. In the event that the project(s) requires further funding, funding for subsequent years is conditioned upon appropriation by the Board of County Commissioners of Miami-Dade County, Florida, with no representation that funds will be forthcoming. VI. FUNDING REGULATIONS. Establishment of residency requirements, imposition of non-resident fees, or failure of the Grantee to comply with any other conditions established by the Safe Neighborhood Parks Citizens' Oversight Committee (Oversight Committee) shall be cause for the County to terminate this Agreement unless an exception is granted by the Oversight Committee. VII. CONDITIONS OF AWARD. A. Completed facility construction will have a permanent plaque, approved by the Oversight Committee, as to material, form, and content, affixed to the facility noting funding through the Safe Neighborhood Parks bond program. B. All fencing funded with Safe Neighborhood Parks bond proceeds will comply with the current South Florida Building Code specifications for such facilities. VIII. INDEMNIFICATION BY GRANTEE Government Entity. Government entity shall indemnify and hold harmless the County and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees. agents or instrumentalities may incur as a result of claims, demands, suits, causes of action, or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. provided, however, this indemnification shaH only be to the extent and within the limitations of Section 768.28, Fla Stat., subject to the provisions of that Statute whereby the government entity shaH not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000, or any claim or judgment or portion thereof, which, when totaled with all other claims or judgment or paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result ofthe negligence of the government entity. IX. INSURANCE. Government Entity. If the Grantee is the State of Florida or an agency or political subdivision of the State as defined by Section 768.28, Florida Statutes, the Grantee shaH furnish the County, upon request, written verification of liability protection in accordance with Section 768.28, Florida Statutes. Nothing herein shaH be construed to extend any party's liability beyond that provided in Section 768.28, Florida Statutes. X. CIVIL RIGHTS. The Grantee agrees to abide by Chapter I1A, Article IV of the Code of Miami-Dade County ('County Code'), as amended, which prohibits discrimination in employment; Title vn ofthe Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 US. C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973,29 US.C, Section 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 US.C., Section 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any ofthese laws, the County shaH have the right to terminate this Agreement. It is further understood that the Grantee must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 US.C Section 1612, and the Fair Housing Act, 42 US.C. Section 3601 et seq. If the Grantee or any owner, subsidiary, or other firm affiliated with, or related to the Grantee, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Grantee. Any agreement entered into based upon a false affidavit shaH be voidable by the County. If the Grantee violates any of the Acts during the term of any agreement the Grantee has with the County, such agreement shall be voidable by the County, even if the Grantee was not in violation at the time it submitted its affidavit. XI. CONFLICT OF INTEREST. The Grantee agrees to abide by and be governed by Miami- Dade County Ordinance No. 72-82 (Conflict ofInterest Ordinance codified at Section 2-11.1 et al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. XII. INDEPENDENT PRIVATE-SECTOR INSPECTOR GENERAL. The County shall have the right, but not the obligation, to require the Grantee, at the Grantees own cost, to retain the services of an independent private-sector inspector general (IPSIG) who may be engaged to audit, investigate, monitor, oversee, inspect and review the operations, activities and performance of the Grantee and County in connection with this agreement The scope of services performed by an IPSIG may include, but are not limited to, monitoring and investigating compliance with Agreement; project costs; and investigating and preventing corruption and fraud. The IPSIG may perform its services at all levels of the contracting and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities of Grantee, its officers, agents and employees, lobbyists, county staff and elected officials. Upon ten (10) days written notice to Grantee from an IPSIG, the Grantee shall make all requested records and documents available to the IPSIG for inspection and copying. The IPSIG shall have the right to examine all documents and records in the Grantee's possession, custody or control which in the IPSIG's sole judgment pertain to performance of the Agreement, including but not limited to original estimate files, bid and change order estimates, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, bid and agreement documents, back-charge document, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct an audit or investigate activities. The provisions of this section are not intended nor shall they be construed to impose any liability on the County by Grantee or third parties. XIII. OFFICE OF THE MIAMI-DADE INSPECTOR GENERAL. Pursuant to Ordinance No. 97-215, the Office of the Miami-Dade County Inspector General (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall have the power to report and/or recommend to the Board of County Commissioners whether a particular project, program, agreement 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 law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. Upon ten (10) days written notice to Grantee from IG, the Grantee shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said mandatory 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 Grantee, its officers, agents and employees, lobbyists, county staff and elected officials in order to ensure compliance with agreement specifications and detect corruption and fraud. This mandatory random audit is separate and distinct from any other audit by the County of any audit performed under Section XI "Independent Private-Sector Inspector General" . The provisions in this section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are not intended nor shall they be construed to impose any liability on the County by Grantee or third parties. XIV. NOTICES. It is understood and agreed between the parties that written notice addressed to the Office and mailed (certified/return receipt) or delivered to the address appearing on page one (1) of the Agreement and written notice addressed to the Grantee and mailed ( certified/return receipt) of delivered to the address appearing on page one( I) of this Agreement shall constitute sufficient notice to either party. - XV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Grantee is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Grantee's agents and employees are not agents or employees of the County. XVI. TERMINATION. If the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties herein, the County shall have the right to terminate this Agreement by giving at least ten (10) days prior written notice to the Grantee (Rules, IIF). XVII. MISCELLANEOUS. A. Governing Law. The Grantee agrees to comply with all applicable federal, state and county laws, rules and regulations which are incorporated by reference or fully set forth. This Agreement is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Agreement shall be Miami-Dade County, Florida. B. Modifications. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. C Counterpart. This Agreement is signed in 4 counterpart shall constitute an original of this Agreement. counterparts, and each D. Headin~s. Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context reqUires. E. Agreement Contact. The County's representative for this agreement is Beverly N. Mirman,D.P.A.. The Grantee's representative for this agreement is Kp"i.. amith, Dirpctor Parks & Recreation Department F. Fringe Benefits. In the event that a percentage of actual salary will be utilized as the method to claim eligible fringe benefit costs pursuant to Section 10 (D) (2) (c) of the Rules, such percentage shall not exceed 2 0 %. This percentage shall be demonstrated to the reasonable satisfaction of the County. Documentation in support of this percentage shall be submitted to the Office for approval contemporaneously with the execution of this Agreement. G. Subcontracts. Any subcontracts written under the provisions of the Ordinance (Sections 5 (b) (5) and 8 (c)) require prior review and written approval of the County. H. Totalitv of Agreement I Severability of Provisions. This 13 page Agreement with its recitals on the first page of the agreement and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment 1: Miami-Dade County Affidavits Exhibit(s) 1 through....1.--: Approved Project(s) and Budget(s) No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. IN WITNESS WHEREOF, the panies hereto have set their hands and affixed their respective seal the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MIAMI-DADE COUNTY a political subdivision of the State of Florida ~. ~ fit- I)l. Q.lJ . l\ssis nt C ty Atto ~-~,,~ M. R. Stierheim, County Manager APP CITY OF MIAMI BEACH a municipal corporation in the State of Florida City Attorney c-C~~ Simon Crui, Vice-Mayor ATTEST: A7l/: /UM} ~ L( t{.o__ Robert Parcher, Ci~r Clerk APPROVED ~ TO FORM & lANGUAGE & FOR exeCUTION By,,:,,~~1 r As Deputy Clerk . 1- I &-0 1 flMo,.,.,., 4i\ bate Attachment METRO-DADE BUSINESS ENTITY AFFlDA VITS I, Jorge M. Gonzalez . being fll'St duly sworn state: The full legal name and business address of the person(s)or entity contracting or tranSacting business with Metro- Dade County are (Post Office addresses are not acceptable): F59-6000372 FtdcnJ Era~ Wcnci(K&tiocl Nw.bc:r(U' ~ SocW s.oo..rq Nc&nabcrl City of Miami Beach N_eolE.&tity.locfivtdud(IJ.PIU'UlCn.,....~ 1700 Convention Cneter Drive DcMq a..iAas As (tl1al\e".tJovc. Icwc bLW:) Miami Beach FL 311,q Ci<y ..... Zi9 Cod< ..... Mol.... I, METRO-DADE COUNTY OWNERSHIP DISCLOSURE AffiDAVIT (Sec. 2-8.\ of"'e County Code) 1. If the contnlCl or business tranSaCtion is with . c:cxporatinn. the lUll legal name: and busi.... add= shall be provided far each offiecr and director and ea.:b stoddtolder who holds dil<Clly or indirectly five pm:cn. (5%) or mor< of the corponllion'.lIOCk. If the contna or business uansa<:lian is with. trust. the I\lIllegal aamc and addrc<s shall be provided for each trustee and each beneficiary. All such ....... and addresses ore (Posl Office addresses ore no' a<:ccpUble). Full Legal Name Address OwPetship % % % 2. The futl legal names and business addfCSS of any other individual (other than subcontraCtOrs. mmria1mcn. suppliers. laborers:. or lenders) who have. or will have. any interest (Icgal, equitable beneficial or otherwise) in the contract or businc;s transactiaR with Dade County arc (Post OffICe addresses arc: not acceptable). II. METRO-DADE COUNT\' EMrl..OYMENT DISCWSUllE AFFIDAVIT (County Ordinan"" No. 90-133. A.....ding sect. 2.8'-1; Subsection (d)(2)). The following informalion and .nachmcnts arc provided and arc in compliance: with all items in the aforementioned Section: I. Ooc:s your firm have, c:ol1c:ctive batt'ining agreement with its employees? Yes Na 2. Docs your ftml provide paid health care benefits for its employees? Yes _No 3. Provick a cum:nt breakdown (number o{perwns) of your finn's wock {orce Jnd ownership as to race, national origin and gender: _Males _Male. _Males _Males Females = Females _ Females _ Females As&an: American Indian: Alent (Es~imo): Males Males Males _ Mal.. Females Females Females Females White: Black: Hispanics: I'qc I 0/2 .. {[(. METR()"DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFlDAYIT (County Qnlinance No. 92.15) That in compliance with Ordinance No_ 92-15 of Ute Code of MctropOlitan Dade County. Ute above named firm is providing a drug-free woricplacc. A wriu.cn statement to each employee shall inform the employee about: I . danger of drog abuse in the workplace 2. the firms' policy of maincaining a drug.frcc environment at all workplaces 3. availability of drug counseling. rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The firm shall also require an employee to sign a statemenllS a condition of employment that the employee will abide by the terms and notify the employer of any aiminal drug conviction occurring no later than five: (5) days after receiving notice of such conviction and impose appropriate pe~onnc::l action against the employee up to and including termination. IV. METR()"DADE EMPLOYMENT FAMILY LEAVE AFFIDA YIT (County Ordinance No. 142.91) That in compliance with ordinance No. 142.91 of the ode of Metropolitan Dade County, Florida. the following information is provided and is in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm for at least one (I) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period. for medical reasons, for the birth or adoption of a child. or for the care of a child. spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. v. METRO-DADE COUNTY CUBA AFFlDA YIT (County Resolution R~S6-93) That neither the firm (individual. organization, corporation. etc.) submitting this bid or proposal or receiving this contract award or any of this owners, subsidiaries, or affiliated or related finns. arc in violation oflhe Cuba Dcmoaacy Act of 1992. In accordance with County Resolution No. R~S6-93. all fimlS (individual. organization. corporation. etc.) submitting bids or proposals or receiving contract awards arc to attest that neither the firm or any of its owners. subsidiaries. or affiHatcd or related finns. arc in violation of the Cuba Democracy Act of 1992 which imposes the U.s. trade: embargo to Cuba. By: 1/16/01 (Date) Jo SUBSCRIBED AND SWORN TO (or affirmed) before me this day of .19 by . HelShe is pc:tSOnally known to me or has presented as identification. (Type of Identification) (Serial Number) (Signature of Notary) (Expiration Date) (Prinl or Stamp of Notary) Notary Public: . State: of Notary Seal (State) POKe 2 0{2 ISP~Cjfie~~~r,~~~i~,a EXHIBIT 1 1 CITY OF MIAMI BEACH o cjtHJe~' orrer~ight committee $sfe neighborhoot1 iJ1i i parks .n.; DistrictS I , New Recreation/Nature Center and complete renovations to the park {landscaping lighting, furnishings, etc.}. '11North'shore" 6pe~" Sp~'ceP~rk BUDGET ITEMS PLANNING DESIGN PROJECT ADMINISTRATION LAND/BLDG ACQUISITION CONSTRUCTION Buildings Parking/Roads Fencing Pedestrian Paving Vita Course Lighting Landscape Irrigation Signage Construction Contingency TOTAL CONSTRUCTION ART ALLOWANCE (Miami-Dade Only) FIXTURES, FURNITURE, EQUIPMENT OTHER COSTS PROJECT CONTINGENCY EXPENDITURE TOTALS Remarks Fiscal Year Fiscal Year 'Fiscal Year TOTAL 1999-2000 2000-2001 2001-2002 SNP AWARD 25,000 II o I 011 25,000 I 163,700 II 36,300 I 18,29211 218,2921 38,200 II 40,5081 35,000 II 113,7081 o II 01 011 01 0 459,000 II 85,000 II 544,000 I 0 620400 I 32,100 II 94,500 I 0 16,500 I 8,500 II 25,000 I 0 72, 600 I 370400 II 110,000 I 0 6,600 30400 II 10,000 I 0 I 145,200 I 74,800 II 220,000 I 0 I 66,000 I 34,000 100,000 I 0 1 165,000 1 85,000 250,000 1 0 I 6,600 30400 10,000 I 0 1 0 0 01 0 I 150,000 54,500 I 204,500 I o I 1,149,900 418,100 I 1,568,000 I 0 0 0 01 0 49,500 25,500 75,000 1 0 0 01 01 0 0 0 I 01 0 0 0 01 0 0 0 01 0 0 0 01 0 0 100,000 100,000 I 226,900 1,276,208 596,892 2,100,000 1 ISP~cified"~,~r,, ~,~~it,~" EXHIBIT 2 I o-venight commit:tee I ',safe i I neighborhool! \Jr ' parks 'lj District ..!L.l CITY OF MIAMI BEACH 1 J3~a'ches"and Boa~ci'';''all<s I Build new nad refurbish existing beachfront boardwalk. Fiscal Year Fiscal Year Fiscal Year TOTAL BUDGET ITEMS 1999-2000 2000-2001 2001-2002 SNP AWARD PLANNING o II o II o I 01 DESIGN o II o II 0 01 PROJECT ADMINISTRATION 29,70011 o II 0 29.700 I LAND/BLDG ACQUISITION o II o II 0 01 CONSTRUCTION Beachwalk I 539,000 II o II oil 539,000 I o II o II 011 0 I 0 I o II 011 0 I 0 I 0 I 0 0 I 01 0 I 0 0 1 0 0 I 0 01 I 0 01 0 01 I 0 0 011 01 I 0 0 011 01 I 0 0 011 o I Construction Contingency I 95,000 0 011 95,000 I TOTAL CONSTRUCTION I 634,000 0 Oil 634,000 ART ALLOWANCE (Miami-Dade Only) 0 0 011 0 FIXTURES. FURNITURE, EQUIPMENT 0 0 oil 0 OTHER COSTS 0 0 Oil 0 0 0 011 0 0 0 Oil 0 0 I 0 o I 0 0 I 0 0 0 PROJECT CONTINGENCY 0 I 0 0 0 EXPENDITURE TOTALS 663,700 I 0 0 663.700 Remarks " ISP~~ified~~r~aPita EXHIBIT 3 ^,^"^ "....w...~....."..w. . w. .....~.w. CITY OF MIAMI BEACH I 0 cjtJMng' I overs:ight committee I $sfe . neighboL'hoo,l \)if I pa.rk9 ./'\J District 2J , New pool complex at Flamingo Park - 12th Street and Jefferson Avenue. ""W"I iNe'v:.."s;i;:;:;ming"'Po~iw~,wFi'~mi~goPa'rk..,.wm BUDGET ITEMS PLANNING DESIGN PROJECT AOMINISTRA TION LAND/BLDG ACQUISITION CONSTRUCTION TOTAL CONSTRUCTION ART ALLOWANCE (Miami-Dade Only) FIXTURES, FURNITURE, EQUIPMENT OTHER COSTS PROJECT CONTINGENCY EXPENDITURE TOTALS Remarks Fiscal Year Fiscal Year 1999-2000 2000-2001 o II 0 II o II 0 II 19,80011 011 o II 0 II Fiscal Year TOTAL 2001-2002 SNP AWARD 011 0 011 0 o II 19,800 011 0 o I o I o I o I o I 011 011 011 01 01 01 o II 011 o I o I o 1 o I o I o I 01 011 011 011 01/ 011 01 o I 01 01 01 01 01 01 01 01 01 o o o o o I o II 011 011 o II 01/ 011 011 o I o o o o o o 01 01 o o o o o o o o o o o o o o o o o o o o 100 19,900 100 o o 19,900 o )SP~Cifi,~,~, P~:,~~~it~, EXHIBIT 4 CITY OF MIAMI BEACH ~~' I o ovemght co.rnrnittH i s:a:fe I ' neighbozohoo3 \);r i pules: ..f'\d District ~ 'I rS~~'ttR;ko'w"i'ce"skat'ing"R'i'~'k , New ice skating rink at Scott Rakow Youth Center. BUDGET ITEMS PLANNING DESIGN PROJECT ADMINISTRATION LAND/BLDG ACQUISITION CONSTRUCTION New Ice Rink Construction Contingency TOTAL CONSTRUCTION ART ALLOWANCE IMiami-Dade Only) FIXTURES, FURNITURE, EQUIPMENT OTHER COSTS PROJECT CONTINGENCY EXPENDITURE TOTALS Remarks Fiscal Year Fiscal Year .'iscal Year TOTAL 1999-2000 2000-2001 2001-2002 SNP AWARD o II o II oil 01 o II o II oil 01 41,900 II o II 011 41,900 I o II o II o II 01 657,300 I o II 011 657,300 I 0 011 011 o I 0 01 011 01 0 01 011 01 0 0 011 0 0 0 o I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 0 116,000 01 oil 116,000 773,300 011 011 773,300 0 o I 011 0 0 I 0 o II 01 0 I 0 011 0 0 I 0 011 0 0 I 0 0 0 0 I 0 0 0 0 1 0 0 0 0 I 0 0 0 B15,200 I 0 0 815,200