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
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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.
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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
,:;
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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