HomeMy WebLinkAboutReso 2014-2355RESOLUTION NO. 2014-2355
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE
GRANT AGREEMENT FROM THE FLORIDA DIVISION OF
CULTURAL AFFAIRS GRANTING THE CITY FIVE HUNDRED
THOUSAND DOLLARS (5500,000.00) FOR THE GATEWAY
PARK PERFORMANCE AREA, ATTACHED HERETO AS
EXHIBIT "A "; APPROVING THE RESTRICTIVE COVENANT
DECLARING GATEWAY PARK AS AN OPEN SPACE, PARK
AND CULTURAL FACILITY, ATTACHED HERETO AS
EXHIBIT "B "; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT AND RESTRICTIVE COVENANT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Cite of Sunny Isles Beach has been awarded a Cultural Facilities Grant
from the Florida Division of Cultural Affairs in the amount of Five Hundred Thousand Dollars
(5500,000.00) for the development of the Performance Stage Area at Gateway Park; and
WHEREAS, part of the requirement to receive funding is a Restrictive Covenant declaring
Gateway Park as an Open Space. Park and Cultural Facility: and
WHEREAS, the City is the fee simple owner of the Gateway Park and Parking Garage
located at 151 -287 Sunny Isles Boulevard in Sunny Isles Beach. Florida: and
WHEREAS, the property was acquired by the City in furtherance of its goal to provide open
space, park and cultural facilities on the west side of Collins Avenue and south of 172od Street, and
occupies approximately four (4) acres on Sunny Isles Boulevard to be used for multi - purpose
recreational park and cultural facilities; and
WHEREAS, the City Commission wishes to approve the Grant Agreement with the Florida
Division of Cultural Affairs authorizing the City Manager to take the necessary steps to receive
program funds, attached hereto as Exhibit "A ", and to approve the Restrictive Covenant declaring
Gateway Park as an Open Space. Park and Cultural Facility. attached hereto as Exhibit "B ".
NOW THEREFORE, BE IT RESOLVED BV THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Grant Agreement and Restrictive Covenant. The City Commission
hereby approves the Grant Agreement with the Florida Division of Cultural Affairs awarding the
City Five Hundred Thousand Dollars (S500,000.00) for the Gateway Park Performance Area.
attached hereto as Exhibit "A ", and approving the Restrictive Covenant declaring Gateway Park as
an Open Space. Park and Cultural Facility; attached hereto as Exhibit "B ".
R2014 -Gmnt Cultural Facilities Program for Gate, ay Park Page I of 2
Section 2. Authorization of Mavor. The Mayor is hereby authorized to execute said Agreement
and Restrictive Covenant.
Section I Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 18" day of December
C.! I ; -
ATTEST:
Jane A. Hines. NIMC, City Clerk
APPROVED AS TO FORM
AND LROV51JFFICIENCY:
Attorney
Vote: G-o
George IyScholl, Mayor
Moved by: '/i U A i DA)
�„
Seconded bv: L..pmrru.SStoufe 6�t-f'CD
Mayor Scholl
✓(Yes)
(No)
Vice Mayor Aelion
(Yes)
(No)
Commissioner Gatto
t/ (Yes)
(No)
Commissioner Goldman
k(Yes) es)
_(No)
Commissioner Levin
(No)
R2014- Grant Cultural Facilities Program for Gate%%zv Park Pan 2 of 2
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
CITY OF SUNNY ISLES BEACH
This Agreement is by and between the State of Florida. Department of State, Division of Cultural Affairs
hereinafter referred to as the "Division," and the City of Sunny Isles Beach hereinafter referred to as the
"Grantee."
The Grantee has been awarded a Cultural Facilities Grant (CSFA 45.014) by the Division, grant number
15.9.300.601 for the project "Gateway Park Performance Area," in the amount of S500,000. Funds for
this grant have been appropriated in the FY 2014 -2015 General Appropriations Act on line 3146A. The
Division has the authority to administer this grant in accordance with Section 265.701, Florida Statutes.
In consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. Grant Purpose. This grant shall be used exclusively for the "Gateway Park Performance Area,"
project, the public purpose for which these funds were appropriated.
a) The Grantee shall perform the following Scope of Work:
The City of Sunny Isles Beach will construct a performance area at the east of the site. The
performance area will consist of a covered stage, participant staging area and event lawn. A sound
and lighting system will be integrated between the stage and the event lawn. All tasks associated
with the renovation, as outlined in the Project Description (See Attachment A), will be performed
by June 1, 2016. All project work will be completed under the supervision of a licensed architect
or licensed contractor.
b) The Grantee agrees to provide the following Deliverables and Performance Measures related to
the Scope of Work for payments to be awarded.
Payment 1, Deliverable/ Task 1:
Payment I will be cost reimbursement. The Grantee will have completed at least 30 percent of
the project prior to this payment. The performance measure documenting satisfactory
completion of Deliverables will be a completed Application and Certificate for Payment (AIA
Document G702) and Schedule of Contract Values (AIA Document G703), or its equivalent
(See Appendix 1), showing at least 30 percent of the project completed.
Payment 2. Deliverable/ Task 2:
Payment 2 will be cost reimbursement. The Grantee will have completed at least 60 percent of
the project prior to this payment. The performance measure documenting satisfactory
completion of Deliverables will be a completed Application and Certificate for Payment (AIA
Document G702) and Schedule of Contract Values (AIA Document G703), or its equivalent
(See Appendix 1), showing at least 60 percent of the project completed.
Exhibit "A"
Payment 3. Deliverable/ Task 3:
Payment 3 will be cost reimbursement. The Grantee will have completed 100 percent of the
project prior to this payment. The performance measure documenting satisfactory completion
of Deliverables will be a completed Application and Certificate for Payment (AIA Document
G702), Schedule of Contract Values (AIA Document G703), and a Certificate of Substantial
Completion (AIA Document G704), or its equivalent (See Appendix 1), showing 100 percent
of the project completed; including all retainage amounts paid. The performance measure
documenting satisfactory completion of Deliverables will be submission and acceptance of a
Final Cultural Facilities Report form (See Section 11) that certifies that all project funds have
been expended and the project has been closed out.
c) The Grantee has provided an Estimated Project Budget (which is incorporated as part of this
Agreement and entitled Attachment Q. All expenditures for this agreement shall be in accordance
with this budget (Attachment C).
d) Change Orders. Should grant expenditures exceed the budgeted grant amount for any work item
by more than 20 %, the Grantee shall be required to submit a proposal for revision of the Project
Budget with a written explanation for the reason(s) for deviation(s) from the original Project
Budget to the Division for review and written approval.
2. Length of Agreement. This Agreement shall begin on July 1, 2014, and shall end June 1, 2016, unless
terminated in accordance with the provisions of Section 36 of this Agreement. Contract extensions will
not be. granted unless Grantee is able to provide substantial written justification and the Division
approves such extension. The Grantee's written request for such extension must be submitted to the
Division no later than thirty (30) days prior to the termination date of this Agreement.
3. Contract Administration. The parties are legally bound by the requirements of this agreement. Each
party's contract manager; named below, will be responsible for monitoring its performance under this
Agreement, and will be the official contact for each party. Any notice(s) or other communications in
regard to this agreement shall be directed to or delivered to the other party's contract manager by
utilizing the information below. Any change in the contact information below should be submitted in
writing to the contract manager within 10 days of the change.
For the Division of Cultural Affairs:
Elsie Rogers, Contract Manager
Florida Department of State
R.A. Gray Building
500 South Bronough Street
Tallahassee. FL 32399
Phone: 850.245.6483
Facsimile: 850.245.6454
Email: Elsie.Rogers @dos.myflorida.com
For the Grantee:
Kathryn McDonough
City of Sunny Isles Beach
18989 Collins Avenue
Sunny Isles Beach, Florida 33160
Phone: 305.792.1811
Facsimile: 205.792.1682
Email: kmcdonough @sibfl.net
4. Required Information Needed with Return of Signed Agreement. Prior to the disbursement of
funds; the Grantee must provide the following with the return of the signed Agreement.
a) Signed Grant Award Agreement which details the Scope of Work and Deliverables.
b) Legal Description of the Property. The Grantee has provided and attached the legal description of
the property on which the cultural facility is or will be located, (which is incorporated as part of
this Agreement and entitled Attachment B).
c) Choose to Record a Restrictive Covenant or Purchase a Surety Bond. The Grantee has provided
documentation that the Restrictive Covenant has been recorded with the Clerk of the Circuit Court
of the county where the property is located, or provided a Surety Bond. (See Section 20 and 21)
d) Corporate Nonprofit Status. The Grantee must provide a copy of the corporations' not - for -profit
status and continue to maintain its not - for - profit eligibility, as a public entity or a tax - exempt
Florida corporation; for the duration of the Restrictive Covenant or Surety Bond.
e) Historic Preservation Review. The Grantee must submit the confirmation received from the Bureau
of Historic Preservation regarding the historical significance of the property. Applies if structures
are 50 years or older. (See Section 22)
0 Submit a copy of the Grantee's Florida Substitute Form W -9. (See Section 7)
5. Grant Payments. All grant payments are requested by submitting Application and Certificate for
Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or its
equivalent (See Appendix 1). The total grant award shall not exceed $500,000 which shall be paid by
the Division in consideration for the Grantee's minimum performance as set forth by the terms and
conditions of this Agreement. The grant payment schedule is outlined below:
a) The first payment will be cost reimbursement. Payment will be made in accordance with the
completion of Deliverable 1.
b) The second payment will be cost reimbursement. Payment will be made in accordance with the
completion of Deliverable 2.
c) The third payment will be cost reimbursement. Payment will be made in accordance with the
completion of the Deliverable 3.
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6. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant
payments. All grantees wishing to receive their award through electronic funds transfer must submit a
Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already
been set up for your organization; you do not need to submit another authorization form unless you
have changed bank accounts. To download this form visit
http: / /%ti,%N,%v.mN-floridacfo.com/ Division /AA /Forms/DFS- A1- 26E.pdf. This page also includes tools
and information that allow you to check on payments.
7. Florida Substitute Form W -9. A completed Substitute Form W -9 is required from any entity that
receives a payment from the State of Florida that may be subject to 1099 reporting. The Department
of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other
related information in order to report accurate tax information to the Internal Revenue Service (IRS).
To register or access a Florida Substitute Form W -9 visit httys:Hflx,endor.mvfloridacfo.com/. A copy
of the Grantee's Florida Substitute Form W -9 must be submitted with the executed Agreement.
8. Amendment to Contract. Either party may request modification of the provisions of this Agreement
by submitting a Cultural Facilities Grant Amendment Request form to the Division. Changes which
are agreed upon shall be valid only when in writing; signed by each of the parties, and attached to the
original of this Agreement. If changes are implemented without the Divisions written approval; the
organization is subject to noncompliance, and the grant award is subject to reduction, partial; or
complete refund to the State of Florida and termination of this agreement. The Cultural Facilities Grant
Amendment Request form is available on the Division's online grant system.
9. Financial Consequences. The Department shall apply the following financial consequences for
failure to perform the minimum level of services required by this Agreement in accordance with
Sections 215.971 and 287.058. Florida Statutes.
a) First payment will be withheld if Deliverables are not satisfactorily completed.
b) Second payment will be withheld if Deliverables are not satisfactorily completed.
c) Third payment will be withheld if Deliverables are not satisfactorily completed.
10. Encumbrance of Funds. Encumbrance Period is between July 1, 2014 and June 30, 2015, during
which state dollars must be obligated to pay for project expenses. To encumber means to have a signed
contract with an architect or contractor for the expenditure of all grant and matching funds. All grant
funds must be encumbered under the terms of a binding contractual agreement by June 30, 2015,
except as allowed below.
a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended
by written approval of the Division. To be eligible for this extension; the Grantee must
demonstrate to the Division that full encumbrance of grant funding and the required match by
binding contract(s) is achievable by the end of the requested extended encumbrance period. The
Grantee's written request for extension of the encumbrance deadline must be submitted to the
Department no later than fifteen (15) days prior to the encumbrance deadline indicated above. The
maximum extension of the encumbrance period shall be thirty (30) days.
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11. Grant Reporting Requirements. The Grantee must submit the following reports to the Division,
using the Cultural Facilities Progress Report form. The Cultural Facilities Progress Report form is
available on the Divisions website at http: /hvww.flor-ida- arts.org /resources /erantforms /.
a) First Project Progress Report is due by January 3 L 2015, for the period ending December 31;
2014.
b) Second Project Progress Report is due by July') 1, 2015, for the period ending June 30; 2015.
c) Third Project Progress Report is due by January 31, 2016, for the period ending December 31,
2015.
d) Final Report. The Grantee must submit a Final Report to the Division by July 15, 2016.
12. illatching Funds. Matching funds must meet the following requirements:
a) Be directly related to the specific construction or renovation work described in the Project
Description and detailed in the Estimated Project Budget.
b) May not consist of general operating expenses as described in Section 10 of this agreement.
c) Be clearly accounted for by documentation maintained at the Grantee's office.
d) May not consist of state dollars from any source.
e) May not consist of matching funds claimed for any other state grant.
0 May have been expended prior to July 1. 2014; as long as the expenditures are clearly a part of
this grant project, as described in the Project Description and detailed in the Estimated Project
Budget.
g) If the Grantee's total support and revenue for the last completed fiscal year is S1,000,001 or more,
the Grantee must provide not less than S2.00 in matching funds for every $1.00 of state funds
received under this Agreement.
h) If the Grantee's total support and revenue for the last completed fiscal year is less than $1,000,001,
the Grantee must provide not less than S1.00 in matching funds for every $1.00 of state funds
received under this Agreement.
i) Documentation of in -kind contributions must substantiate fair market value.
j) The matching requirement for grants for Rural Economic Development Initiative (REDI) counties
or communities designated in accordance with Section 288.0656, Florida Statutes; and approved
for reduction in accordance with Section 288.06561, Florida Statures, by the application deadline
is S 1.00 in matching funds for every S 1.00 of state funds received under this Agreement.
13. Grant Completion Deadline. The grant completion deadline is June 1, 2016. The Grant Completion
Deadline is the date when the project is 100% complete and all grant and matching funds have been
paid out in accordance with the work described in the Scope of Work, detailed in the Estimated Project
Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, the
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extension may not exceed 120 days, unless the Grantee can demonstrate extenuating circumstances as
described in Section 14 of this Agreement.
14. Extension of the Grant Completion Deadline. An extension of the completion date must be
requested at least thirty (30) days prior to the end of the grant period and may not exceed 120 days,
unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance
is one that is beyond the control of the Grantee, and one that prevents timely completion of the project
such as a natural disaster, death or serious illness of the individual responsible for the completion of
the project, litigation related to the project, or failure of the contractor or architect to provide the
services for which they were contracted to provide. An extenuating circumstance does not include
failure to read or understand the administrative requirements of a grant or failure to raise sufficient
matching funds. Prior written approval is required for extensions.
15. Credit Line(s) to Acknowledge Grant Funding. All construction projects shall display a project
identification sign in a prominent location at the Project site and shall maintain said sign while work
is in progress. The sign must be a minimum of eight (8) square feet in area, be constructed of plywood
or other durable matefial, and shall contain the following acknowledgment of grant assistance:
a) "This project is sponsored in part by the Department of State, Division of Cultural Affairs, the
Florida Council of Arts and Culture and the State of Florida (Section 286.25, Florida Statutes).
b) Any variation in the above specifications must receive prior approval in writing by the Division.
The cost of preparation and erection of the project identification sign are allowable project costs.
Routine maintenance costs of project signs are not allowable project costs.
16. Non - allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this
agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall
be in compliance with the state guidelines for allowable project costs as outlined in the Department of
Financial Services' Reference Guide for State Expenditures, which are incorporated by reference and
are available online at httn : / /xNNvw.mNfloridacfo.com/aadir /reference guide /. In addition. the
following are not allowed as grant or matching expenditures:
a) General operating expenses (including but not limited to salaries, travel, personnel, office supplies,
mortgage, rent, operating overhead, indirect costs, etc.).
b) Costs incurred in writing or submitting this grant application.
c) Costs for lobbying or attempting to influence federal, state or local legislation, the judicial branch,
or any state agencv.
d) Costs for planning, which include those for preliminary and schematic drawings, and design
development documents necessary to carry out the project.
e) Costs for bad debts, contingencies, fines and penalties, interest, and other financial costs.
0 Costs for travel, private entertainment, food, beverages, plaques, awards, or scholarships.
g) Projects which are restricted to private or exclusive participation, including restriction of access to
programs on the basis of sex, race, creed, national origin, disability, age, or marital status.
h) Re- granting, contributions, and donations.
i) Costs that are paid prior to the execution of the Grant Award Agreement and for which
reimbursement is requested, or after June 1, 2016.
17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971,
Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds
which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to
which the recipient is entitled under the terms and conditions of the agreement must be refunded to
the state agency. Further, the recipient may expend funds only for allowable costs resulting from
obligations incurred during the specified agreement period. Expenditures of state financial assistance
must be in compliance with the laws, rules, and regulations applicable to expenditures of State funds;
including, but not limited to, the Reference Guide for State Expenditures.
18. Repayment. All refunds or repayments to be made to the Department under this agreement are to be
made payable to the order of the "Department of State' and mailed directly to the following address:
Florida Department of State, Attention: Elsie Rogers, Division of Cultural Affairs. 500 South
Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a
check or other draft is returned to the Department for collection; Recipient shall pay to the Department
a service fee of 515.00 or five percent (5 %) of the face amount of the returned check or draft,
whichever is greater.
19. Unrestricted Use and Access. The Grantee must maintain Unrestricted Use of the land and buildings
associated with the Cultural Facility for a minimum of 10 years following the Grant Award (Grant
Award means the date on which the Grant Award Agreement is fully executed).
a) Lease of Land and Buildings. If the land and buildings are leased, the Division may, from time
to time, require certification from the Grantee or the property owner that the lease is in full force
and effect, that it has not been modified or terminated, and that the Grantee is not in default of the
lease (or in the case of an owner, documentation of ownership is required). Failure to provide such
certification will constitute a default hereunder, which will give the Division the right to terminate
this Agreement and demand the return of all or a part of any funds already delivered, and/or to
withhold funds from subsequent grants.
b) Retaining Ownership of Land and Buildings. The owner of land and building(s) must retain
ownership of the land and buildings, along with improvements made to the land and building(s),
for at least 10 years following the Grant Award. Exception: Land and buildings owned by the
State of Florida and leased to an eligible applicant. For the purposes of this program, the applicant
must not be a political subdivision of the state.
20. Restrictive Covenant. If the Grantee chooses to record a Restrictive Covenant and the facility ceases to
be used as a "Cultural Facility" during the ten (10) years following the Grant Award, the grant funds must
be repaid to the Division according to the Restrictive Covenant Amortization Schedule (incorporated into
this Agreement and attached as Attachment D).
21. Surety Bond instead of a Restrictive Covenant. If a Surety Bond is selected by the Grantee and the
facility ceases to be used as a "Cultural Facility" during the ten (10) years following the Grant Award, the
grant funds must be repaid to the Division according to the Surety Bond Amortization Schedule
(incorporated into this Agreement and attached as Attachment E).
22. Historic Preservation Review. If the facility that is being renovated with state funds is fifty (50) years
old or older; then in accordance with Section 267.061(2)(a) and (b), Florida Statutes, the Grantee must
submit information about the grant project to the Division of Historical Resources, Bureau of Historic
Preservation ( "Bureau "), so that it may determine whether the project has historic significance. Should
the Bureau deem the facility to have historic significance, grant funds may only be released after the
Bureau notifies the Division, in writing, that the Grantee has satisfied the Bureau's requirements. If
the facility is not deemed to be of historic significance, grant funds will be released to Grantee in
accordance with Section 5 of this Agreement.
23. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit
pursuant to Section 215.97, Florida Statutes. See Attachment F for additional information regarding
this requirement.
24. Retention of Accounting Records. Financial records, supporting documents, statistical records; and
all other records including electronic storage media pertinent to the Project shall be retained for a
period of five (5) years after the close out of the grant. If any litigation or audit is initiated, or claim
made, before the expiration of the five -year period, the records shall be retained until the litigation,
audit, or claim has been resolved.
25. Obligation to Provide State Access to Grant Records. The Grantee must make all Brant records of
expenditures, copies of reports, books, and related documentation available to the Division or a duly
authorized representative of the State of Florida for inspection at reasonable times for the purpose of
making audits, examinations, excerpts, and transcripts.
26. Obligation to Provide Public Access to Grant Records. The Division reserves the right to
unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents
or other materials made or received by the Grantee that are subject to the provisions of Chapter 119,
Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact
the Division's Contract Manager for assistance if it receives a public records request related to this
Agreement.
27. Noncompliance with Grant Requirements. Any applicant that has not submitted required reports
or satisfied other administrative requirements for other Division of Cultural Affairs grants or grants
from any other Office of Cultural, Historical, and Information Programs ( OCHIP) Division will be in
noncompliance status and subject to the OCHIP Grants Compliance Procedure. ( OCHIP) Divisions
include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of
Library and Information Services.) Grant compliance issues must be resolved before a grant award
agreement may be executed, and before grant payments for any OCHIP grant may be released.
28. Accounting Requirements. The Grantee must maintain an accounting system that provides a
complete record of the use of all grant funds as follows:
1.1
a) The accounting system must be able to specifically identify and provide audit trails that trace the
receipt; maintenance; and expenditure of state funds;
b) Accounting records must adequately identify the sources and application of funds for all -rant
activities and must classify and identify grant funds by using the same budget categories that were
approved in the grant application. If Grantee's accounting system accumulates data in a different
format than the one in the grant application, subsidiary records must document and reconcile the
amounts shown in the Grantee's accounting records to those amounts reported to the Division.
c) An interest- bearing checking account or accounts in a state or federally chartered institution may
be used for revenues and expenses described in the Scope of Work and detailed in the Estimated
Project Budget.
d) The name of the account(s) must include the grant award number;
e) The Grantee's accounting records must have effective control over and accountability for all funds,
property; and other assets; and
f) Accounting records must be supported by source documentation and be insufficient detail to allow
for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks).
29. Availability of State Funds. The State of Florida's performance and obligation to pay under this
Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that
the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be
automatically terminated and the Division shall have no further liability to the Grantee, beyond those
amounts already expended prior to the termination date. Such termination will not affect the
responsibility of the Grantee under this Agreement as to those funds previously distributed. In the
event of a state revenue shortfall, the total grant may be reduced accordingly.
30. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its
officers, agents and employees, in performance of this Agreement, shall act in the capacity of
independent contractors and not as officers, agents, or employees of the state. The Grantee is not
entitled to accrue any benefits of state employment, including retirement benefits and any other rights
or privileges connected with employment by the State of Florida.
31. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses
incurred in connection with this Agreement. The Grantee may subcontract, as necessary; to perform
the services and to provide commodities required by this Agreement. The Division shall not be liable
to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and
the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under
its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors
will be deemed to be "independent contractors" and will not be considered or permitted to be an agents,
servants, joint venturers, or partners of the Division.
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32. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of,
the Grantee, its agents, servants, or employees: nor may the Grantee exclude liability for its own acts,
omissions to act, or negligence, to the Division.
a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death,
and property damage arising out of activities related to this Agreement by the Grantee, its agents,
servants, employees, and subcontractors. The Grantee shall indemnify and hold the Division
harmless from any and all claims of any nature and shall investigate all such claims at its own
expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated
in accordance with this Section.
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign
immunity, or increases the limits of its liability, by entering into this Agreement.
c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of
collection related to this Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in connection
with the project. The Grantee may subcontract as necessary to perform the services set forth in this
Agreement, including entering into subcontracts with vendors for services and commodities;
provided that such subcontract has been approved in writing by the Department prior to its
execution; and provided that it is understood by the Grantee that the Department shall not be liable
to the subcontractor for any expenses or liabilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under
the subcontract.
33. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in
strict conformity with all applicable laws and regulations of the local, state and federal law.
34. No Discrimination. The Grantee may not discriminate against any employee employed under this
Agreement, or against any applicant for employment because of race, color, religion, gender, national
origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its
subcontracts for services under this Agreement.
35. Breach of Agreement. The Division will demand the return of grant funds already received, will
withhold subsequent payments, and/or will terminate this agreement if the Grantee improperly
expends and manages grant funds, fails to prepare, preserve or surrender records required by this
Agreement, or otherwise violates this Agreement.
36. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails
to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its
violation by letter, and shall give the Grantee fifteen (1 5) calendar days from the date of receipt to cure
its violation. If the violation is not cured within the stated period, the Division will terminate this
Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager,
personally, or mailed to his/her specified address by a method that provides proof of receipt. In the
event that the Division terminates this Agreement, the Grantee will be compensated for any work
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completed in accordance with this Agreement; prior to the notification of termination; if the Division
deems this reasonable under the circumstances. Grant funds previously advanced and not expended
on work completed in accordance with this Agreement shall be returned to the Division, with interest.
within thirty (30) days after termination of this Agreement. The Division does not waive any of its
rights to additional damages, if grant funds are returned under this Section.
37. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing
to either party upon breach or violation by either party under this Agreement, shall impair any such
right, power or remedy of either party: nor shall such delay or omission be construed as a waiver of
any such breach or default, or any similar breach or default.
38. Non- Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its
rights, duties or obligations under this Agreement without the prior written consent of the Division,
which consent shall not unreasonably be withheld. The agreement transferee must demonstrate
compliance with the requirements of the project. If the Division approves a transfer of the Grantee's
obligations, the Grantee shall remain liable for all work performed and all expenses incurred in
connection with this Agreement. In the event the Legislature transfers the rights, duties, and
obligations of the Division to another governmental entity pursuant to Section 20.06, Florida Statutes,
or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the
successor governmental agency as if it was the original party to this Agreement.
39. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide
maximum open competition when procuring goods and services related to the grant- assisted project
in accordance with Section 287.057, Florida Statutes.
40. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts
of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will
not enter into or maintain a business or other relationship with any employee of the Department of
State that would violate those provisions. The Grantee further agrees to seek authorization from the
General Counsel for the Department of State prior to entering into any business or other relationship
with a Department of State Employee to avoid a potential violation of those statutes.
41. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives
of the Grantee and of any legal entity that succeeds to the obligations of the Division of Cultural
Affairs.
42. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee
is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee
knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of
this Agreement.
43. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the
remainder will remain in full force and effect, and such term or provision shall be deemed stricken.
44. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet
the standards of Sections 553.501 - 553.513, Florida Statutes, and the Americans with Disabilities Act
of 1990.
45. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in
accordance with the laws and rules of Florida. Venue or location for any legal action arising under
this Agreement will be in Leon County, Florida.
46. Entire Agreement. The entire Agreement of the parties consists of the following documents:
a) This Agreement
b) Project Description (Attachment A)
c) Legal Description of the Property (Attachment B)
d) Estimated Project Budget (Attachment C)
e) Recorded Restrictive Covenant and Amortization Schedule (Attachment D) or Issued Surety
Bond and Amortization Schedule (Attachment E)
0 Single Audit Act Requirements and Exhibit I (Attachment F)
g) Schedule of Contract Values form (Appendix 1)
In acknowledgment of Grant Number 15.9.300.601 provided for from funds appropriated in the FY
2014 -2015 General Appropriation Act in the amount of S500 000, I hereby certify that I have read
this entire Agreement, and will comply with all of its requ' em nts.
Department of State:
Bv:
M.
Sandy Shaughnessy, Division Director Authori/ng Official for thq,Grantee*
Typed name and title
Witness
Date
I d t %� 11
Date!!!
12
*If the authorizing official signing above on behalf of the grantee organization is not the chief
executive officer, then another authorized official must sign below.
On behalf of ego erring body of the Grantee organization; I hereby acknowledge awareness of; and
agree to co ly wit all of the requirements of this Grant Agreement.
Siqrtalµre Printed name and title��
Coo 10VtY+flCue- t7lliO
Date
13
ATTACHMENT A
Project Description
(The project description below was extracted from the original application submitted in June 2013.)
The City of Sunny Isles is situated between the Atlantic Ocean and Intracoastal Waterway in
Northern Miami -Dade County. The community of almost 21,000 was established in 1997 and is
predominantly residential with limited retail and office space. The diverse population depends on the City
to provide cultural and educational programming, and the Pelican Park Community Center serves as the
main facility for the entire community.
In 2009, the City acquired the project site at a cost of 9 million dollars. The site was an aging commercial
and residential area that was then demolished by the City and essential infrastructure was constructed. In
2011, the City finalized a public /private partnership with a local development company to build a parking
structure and transportation hub on the site. The large parking structure, which is under construction will
hold 300 automobiles and provide access to public transportation and bike /pedestrian routes.
The proposed project will construct a performance area at the east of the site. The area will consist of
covered stage, participant staging area and event lawn. A sound and lighting system will be integrated
between the stage and the event lawn providing coverage for all audience members throughout the site. A
site plan and illustrations are provided as part of the application.
The City is requesting 5500,000 in grant assistance to complete the project. The parking structure on the
project site is currently under construction. The grant project will be completed according to the schedule
is below:
Completion of construction specifications (March 2013)
Approval of plans by City Commission (May 2013)
Project permits approved (May 2013)
Contractor /private partner engaged (July 2011)
Project construction commences (July 2014)
Project complete (November 2014)
14
ATTACHMENT B
ATTACH LEGAL DESCRIPTION OF PROPERTY
15
ATTACHMENT C
Estimated Project Budget
16
Category
Total Cost
Match
State
1
Land Acquisition
2
Building Acquisition
3
Architectural Services
Architects
4
General Requirements
Labor, Construction Management & General Conditions
S
273,473
S
206,899
S
66,574
Performance Bond
$
35,652
S
26,973
$
8,679
5
Site construction
Site Work - Site Fill and Stabilization
S
175,178
S
159,029
S
16,149
Site Work - Drainage
S
151,730
S
151,730
Site Work - Landscaping
S
266,939
S
228,805
S
38,134
Site Work - Park Amenities
S
437,768
S
437,768
Site Work - Lawn Sprinklers/Irrigation
$
44,503
S
38,140
S
6,363
Site Work - Fencing
S
115,634
S
115,634
6
Concrete
Foundation/Slab /Columns to Roof /Roof Slab - Park/Children's
Play Areas
$
63,898
$
63,898
Foundation/Slab /Columns to Roof /Roof Slab - Performance Stage
S
179,620
S
179,620
Concrete Benches - Foundation /Seat/Masonry
S
52,610
S
52,610
Concrete - Masonry Walls - Park/ Children's Play Areas
S
10,537
S
10,537
Concrete- Masonry Walls - Stage
$
13,713
S
13,713
Concrete Shell - Other Requirements
S
23,979
S
9,509
S
14,470
Twin Tee Materials - Stage Structure /Roof
$
25,000
$
25,000
Pilings
S
78,503
S
28,261
$
50,242
Crane
S
3,480
S
1,281
$
2,199
7
Masonry
Pavers
S
188,961
S
183,490
$
5,471
Grouting Door Frames - Stage
S
518
S
518
8
Metals
9
Wood and Plastic
10
Thermal and Moisture Protection
Roofing - Stage
S
4,443
I
$
4,443
11
Doors and Windows
Hollow metal doors and frames - stage with installation
$
2,269
I
S
2,269
12
Finishes
Drywall - stage
S
254
S
254
Stucco -stage
S
6,570
S
6,570
Ceramic Tile - stage
S
1,473
$
1,473
Painting - stage
S
6,606
$
6,606
16
17
Interior Cleaning - stage
$
214
S
214
13
Specialties
Toilet Accessories - stage restroom
S
200
S
200
Flagpole
S
6,534
S
6,534
Toilet Accessories - stage restroom
$
1,900
I
$
1,900
Flooring for Dance Performances I
S
10,000
$
10,000
14
Equipment
Marquee Sign
S
25,000
S
25,000
15
Furnishings
Park Furnishings and Amenities
S
34,805
S
34,805
16
Special Construction
17
Conveying Systems (Elevator)
18
Mechanical
Plumbing and Fixtures for stage /stage restroom
S
4,000
S
4,000
HVAC for stage /stage restroom
$
2,000
S
2,000
19
Electrical
FPL Underground costs - stage
$
45,000
$
20,000
I S
25,000
Electrical work/Panels
$
95,781
S
95,781
Site lighting & fixtures
$
111,600
S
89,280
$
22,320
Speakers & Sound Equipment
S
10,250
$
145,412
S
(145,412)
A.
TOTAL EXPENSES
$
2,500,345
S
21010,595
S
500,000
B.
CONTINGENCY
C.
TOTAL PROJECT EXPENDITURES
S
2,500,345
$
2,010,595
S
500,000
17
ATTACHMENT D
Restrictive Covenant Provisions and Amortization Schedule
1. If the Grantee chooses to record a Restrictive Covenant; the Grantee; and the property owner(s) (if the
land or buildings or both are leased by the grantee), shall execute and file a Restrictive Covenant with
the Clerk of the Circuit Court in the county where the property is located; prior to the date that the
ag reement is executed.
2. The Restrictive Covenant shall include the following provisions:
a) That the Restrictive Covenant shall run with title to the building(s) and the associated land and
improvements funded by the -rant, shall encumber them, and shall be binding upon the Grantee
(and the oxvner(s), if different person(s), and the successors in interest); for (10) ten years from
the Grant Award.
b) The oxvner(s) of the improvements made to the building(s) and associated land, funded in
whole or in part by grant funds, must also execute the Restrictive Covenant. Exception: Land
or buildings or both owned by the State of Florida and leased to an eligible applicant. For the
purposes of this program; the applicant must not be a political subdivision of the state.
c) The Grantee (and owners, if different persons) shall permit the Division to inspect the Cultural
Facility and associated land at all reasonable times to determine whether the Grantee is in
compliance with the Grant Award Agreement and the Restrictive Covenant.
d) The Grantee must maintain the building(s) as a "Cultural Facility." For the purposes of this
program. a "Cultural Facility' is defined as a building which shall be used primarily for the
programming, production, presentation, exhibition or any combination of the foregoing for any
of the cultural disciplines listed in Section 265.283(7), Florida Statutes. These disciplines
include, but are not limited to music, dance, theatre, creative writing, literature, architecture,
painting, sculpture; folk arts, photography, crafts, media arts, visual arts, programs of
museums; and other such allied; major art forms.
e) The Restrictive Covenant shall also contain the following amortization schedule for repayment
of grant funds, should the Grantee or owners or their successors in interest violate the
Restrictive Covenant.
a. If the violation occurs within five (5) years following the Grant Award, 100% of the
-rant amount:
b. If the violation occurs more than five (5) but less than six (6) years following the Grant
Award, 80% of the grant amount:
IN
c. If the violation occurs more than six (6) but less than seven (7) years following the
Grant Award. 65% of the grant amount:
d. If the violation occurs more than seven (7) but less than eight (8) years following the
Grant Award. 50% of the grant amount:
e. If the violation occurs more than eight (8) but less than nine (9) years following the
Grant Award. 35% of the grant amount: and
f. If the violation occurs more than nine (9) but less than ten (10) years following the
Grant Award. 20% of the grant amount.
0 Other provisions as agreed upon by the Division and the Grantee.
19
ATTACHMENT E
Surety Bond and Amortization Schedule
1. Any Grantee entering into a Grant Award Agreement with the Division for the acquisition, renovation,
or construction of a Cultural Facility that chooses not to record a Restrictive Covenant must purchase a
10 -year Surety Bond.
2. A certified copy of the Bond Agreement must be provided to the Division prior to the execution of the
Grant Award Agreement.
3. The Bond Agreement must:
a) Provide that the facility described in Attachment A: Scope of Work, incorporated by reference in
the Grant Award Agreement, will be used as a "Cultural Facility" for _(10) ten years following the
Grant Award; A Cultural Facility means a building which shall be used primarily for the
programming, production, presentation, exhibition or any combination of the above functions of
any of the arts and cultural disciplines defined in s. 26.283(7), F.S. These disciplines include, but
are not limited to music, dance, theatre, creative writing, literature, architecture, painting,
sculpture, folk arts, photography, crafts, media arts, visual arts, programs of museums, and other
such allied, major art forms.
b) Be purchased from a surety insurer authorized to do business in the Florida as a Surety;
c) Provide that there will be a violation of the Bond Agreement if the facility ceases to be used as a
"Cultural Facility" as required by Section 265.701(4), Florida Statutes, within 10 years following
the Grant Award, and that the surety insurer must immediately repay funds to the Division,
pursuant to the following amortization schedule:
1. If the violation occurs within three (3) years following the Grant Award, 100% of the grant
amount:
2. If the violation occurs more than three (3) but less than four (4) years following the Grant
Award, 80% of the grant amount;
3. If the violation occurs more than four (4) but less than five (5) years following the Grant
Award, 70% of the grant amount;
4. If the violation occurs more than five (5) but less than six (6) years following the Grant
Award, 60% of the grant amount;
5. If the violation occurs more than six (6) but less than seven (7) years following the Grant
Award. 50% of the grant amount:
20
6. If the violation occurs more than seven (7) but less than eight (8) years following the Grant
Award, 40% of the grant amount;
7. If the violation occurs more than eight (8) but less than nine (9) years following the Grant
Award, 30% of the grant amount;
8. If the violation occurs more than nine (9) but less than ten (10) years following the Grant
Award. 20% of the grant amount.
21
ATTACHMENT F
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of State to the Grantee may be subject to
audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award
Agreement.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised. and
Section 21 5.97, Florida Statutes, monitoring procedures may include, but not be limited to, on -site visits
by Department of State staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or
other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any
monitoring procedures /processes deemed appropriate by the Department of State. In the event the
Department of State determines that a limited scope audit of the recipient is appropriate, the recipient
agrees to comply with any additional instructions provided by the Department of State staff to the recipient
regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non - profit organization as defined
in OMB Circular A -133. as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the
recipient must have a single or program- specific audit conducted in accordance with the provisions of
0i%4B Circular A -B3, as revised. EXHIBIT I to this agreement indicates Federal resources awarded
through the Department of State by this agreement. In determining the Federal awards expended in
its fiscal year, the recipient shall consider all sources of Federal awards. including Federal resources
received from the Department of State. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133. as revised. An audit
of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-
133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill
the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133,
as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that
the recipient expends less than 5500,000 in Federal awards in its fiscal year and elects to have an audit
22
conducted in accordance with the provisions of ON•IB Circular A -133, as revised; the cost of the audit
must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient
resources obtained from other than Federal entities).
4. The Internet web addresses listed below will assist recipients in locating documents referenced in the
text of this agreement and the interpretation of compliance issues.
State of Florida Department Financial Services (Chief Financial Officer)
http://x,,,%N,Nv.fldfs.com/
Federal Office of Management and Budeet Circulars Index
http:/ /w.Nw.whitehouse.eov /omb /erants /index.html - circulars
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
http://NN,NN,NN,.IeQ.state.fl.us/
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1), Florida
Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess
of S500,000 in any fiscal year of such recipient, the recipient must have a State single or project -
specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules
of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the
Department of State by this agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial
assistance received from the Department of State, other state agencies, and other nonstate entities.
State financial assistance does not include Federal direct or pass - through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part 1L paragraph 1, the recipient shall ensure
that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules
of the Auditor General.
3. If the recipient expends less than 5500,000 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97. Florida Statutes, is not required. In
the event that the recipient expends less than 5500,000 in state financial assistance in its fiscal year
and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes. the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such
an audit must be paid from the recipient's resources obtained from other than State entities).
23
PART III: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133; as
revised; and required by PART I of this agreement shall be submitted; when required by Section.' 20
(d), OMB Circular A -133, as revised; by or on behalf of the recipient directly to each of the following:
A. The Department of State at the following address:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee. FL 32399 -0250
B. The Federal Audit Clearinghouse designated in OMB Circular A -133; as revised (the number of
copies required by Sections .320 (d)(1) and (2); OMB Circular A -133, as revised; should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`h Street
Jeffersonville_ IN 47132
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f);
OMB Circular A -133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement
and conducted in accordance with OMB Circular A -133, as revised; is not required to be submitted to
the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A -li3, as
revised; the recipient shall submit the required written notification pursuant to Section 320 (e)(2) and
a copy of the recipient's audited schedule of expenditures of Federal awards directiv to the following:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee. FL 32399 -0250
3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by
or on behalf of the recipient directly to the following:
A. The Department of State at the following address:
Office of Inspector General
Florida Department of State
R. A. Gray Building; Room I I 4
24
500 South Bronough St.
Tallahassee, FL 32399 -0250
B. The Auditor General's Office at the followine address:
Auditor General's Office
Room 401, Pepper Building
111 Nest Madison Street
Tallahassee, Florida 32399 -1450
4. Any reports, management letter; or other information required to be submitted to the Department of
State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133,
as revised, Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Department of State for audits done
in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART IV: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five years from the date the audit report is issued, and shall allow the
Department of State, or its designee. Chief Financial Officer, or Auditor General access to such
records upon request. The recipient shall ensure that audit working papers are made available to the
Department of State, or its designee, Chief Financial Officer, or Auditor General upon request for a
period of three years from the date the audit report is issued, unless extended in writing by the
Department of State.
25
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Not Applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not Applicable.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING: General Revenue Funds in the amount of $500.000.
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable.
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
Florida Department of State Cultural Facilities Grants, CSFA Number 45.014
Award Amount: $500.000
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
As contained in the Compliance Supplement to CSFA Number 45.014.
26
F.3
This Instrument Prepared by
and Return to:
Hans Ottinot, City Attorney
c/o City Clerk's Office
Citv of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RESTRICTIVE COVENANT TO DECLARE GATEWAY PARK
AS AN OPEN SPACE, PARK AND CULTURAL FACILITY
THIS RESTRICTIVE COVENANT is made and entered into as of the _ day of December,
2014, by the CITY OF SUNNY ISLES BEACH, Florida, a municipal corporation ("Grantor" or
"Cih%').
RECITALS
WHEREAS, the City is the fee simple owner of the Gateway Park and Parkin-, Garage
located at 151 -287 Sunny Isles Boulevard (the "Property' or "Gateway Park ") in Sunny Isles
Beach. Florida, as more thoroughly described in attached Exhibit "A'; and
WHEREAS, the Property was acquired by the City in furtherance of its goal to provide
open space, park and cultural facilities on the west side of Collins Avenue and south of 172nd
Street; and
WHEREAS, the Property occupies approximately four (4) acres on Sunny Isles Boulevard
to be used for multi - purpose recreational, park and cultural facilities; and
WHEREAS, the Property will serve the recreational and cultural needs of residents and
visitors alike and is scheduled to be complete in 2015.
NOW, THEREFORE, the City hereby declares that the Property shall be developed,
maintained, and owned subject to the following designations and restrictive covenant:
1. Recitals. The foregoing recitals are true and correct and incorporated into this
Restrictive Covenant by reference.
2. Restrictive Covenant. The City agrees to develop, maintain and own the Property as
an open space, park and cultural facility. Any proposed use of the Property shall be consistent
with the terms and conditions contained in this Restrictive Covenant. No use of the Property shall
be allowed which is inconsistent with the intent and purpose of this Restrictive Covenant.
3. Term. The provisions of this covenant shall become effective upon their recordation
in the Public Records of Miami -Dade County, Florida, and shall-continue in effect for a period of
ten (10) years following the Grant Award, after which time the provisions of this covenant shall
automatically be null and void.
Exhibit "B"
4. Modification, Release and Enforcement. Only the City has the right to enforce this
Restrictive Covenant. No other party will be deemed a third -party beneficiary for any purpose.
This Restrictive Covenant may only be modified, amended or released by the City Commission.
Enforcement shall be by action at law or in equity against the parties or persons violating or
attempting to violate this Restrictive Covenant.
5. Covenant running with the land. This Declaration of Restrictive Covenant shall be
recorded in the Public Records of Miami -Dade County, Florida, and shall run with the Property
described in Exhibit "A" and shall be binding on all persons and entities acquiring title to or use
of the Property.
6. Amortization Schedule. The following amortization schedule for repayment of grant
funds shall apply in the event the Grantee, the City, or their successors in interest, violate this
Restrictive Covenant.
a. If the violation occurs within five (5) years following the Grant Award, 100% of the
grant amount;
b. If the violation occurs more than five (5) but less than six (6) years following the Grant
Award, 80% of the grant amount;
c. If the violation occurs more than six (6) but less than seven (7) years following the Grant
Award, 65% of the grant amount;
d. If the violation occurs more than seven (7) but less than eight (8) years following the
Grant Award, 50% of the grant amount;
e. If the violation occurs more than eight (8) but less than nine (9) years following the
Grant Award, 35% of the grant amount; and
f If the violation occurs more than nine (9) but less than ten (10) years following the Grant
Award, 20% of the grant amount.
7. Governing Law. This Restrictive Covenant shall be governed by and construed in
accordance with the laws of the State of Florida.
8. Attornev's Fees. If any legal or equitable action or other proceeding is brought for the
enforcement of the Restrictive Covenant, the successful and prevailing party shall be entitled to
recover reasonable attorney's fees, court costs, and all expenses incurred in that action or
proceeding in addition to any other relief to which such party may be entitled.
9. Invalidation. Invalidation of any of the restrictive covenants contained herein by
judgment or court order shall in no way effect any other conditions which remain in full force and
effect.
10. Waiver. Any failure by City to enforce any of the restrictive covenants contained
herein shall not be deemed a waiver by City of the right to do so thereafter.
11. Effective Date. This Restrictive Covenant shall become effective upon recordation in
the Public Records of Miami -Dade County, Florida.
2
IN WITNESS WHEREOF, the City has executed this Restrictive Covenant on the day
and year first above written.
e '
,.ATTEST:. CITY OF
Municipal
_. JANE fIIN—ES. vIIvIC. CITY CLERK GEOF
lAPPROVE "D :AS TO FORM AND
LEGAL'S1J FIC�IENCY:
CITY ATTORNEY
,ES BEACH, FLORIDA, a
of the State of Florida
SCHOLL, MAYOR
EXHIBIT "A"
Parcel 1
Folio No. 31 -2214- 007 -0030
Lot 2, 3, 4, less the Right of Way of the SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION, according to the plat thereof, as recorded in Plat Book 50, Page 76, of the Public
Records of Miami -Dade County, Florida, situated at 151 Sunny Isles Boulevard, Sunny Isles
Beach, Florida 33160.
Parcel 2
Folio No. 31- 2214 - 007 -0040
Lots 5, 6, and 6 -A less the Right of Way of the SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION, according to the Plat thereof, recorded in Plat Book 50, at Page 76 of the Public
Records of Miami -Dade County, Florida, situated at 215 Sunny Isles Boulevard, Sunny Isles
Beach, Florida 33160.
Parcel 3
Folio No. 31 -2214- 007 -0050
Lot 7 less the Right of way of the SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of the
Public Records of Miami -Dade County, Florida.
Parcel 4
Folio No. 31 -2214- 007 -0060
Lot 8 of the SECOND REVISED PLAT OF BELLA VISTA, according to the Plat thereof, as
recorded in Plat Book 50, at Page 76, of the Public Records of Miami -Dade County, Florida,
situated at 287 Sunny Isles Boulevard, Sunny Isles Beach, Florida 33160.
4
12/11/2014
!C Flog CS
Item Coversheet
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 12/18/2014
RE: Cultural Facilities Grant and Restrictive Covenant for
Gateway Park Performance Stage Area
RECOMMENDATION:
It is recommended that the City Commission approve the attached Grant
Agreement authorizing the City Manager to take the necessary steps to
receive program funds, including filing a Restrictive Covenant with Miami -
Dade County.
REASONS:
The City has been awarded a Cultural Facilities Grant from the Florida
Division of Cultural Affairs in the amount of S500,000 for the development
of the Performance Stage Area at Gateway Park.
Part of the requirement to receive funding is that the City file a Restrictive
Covenant with Miami -Dade County, designating the area as a Cultural
Facility for the next ten (10) years.
ATTACHMENTS:
Description
Grant Agreement
Restrictive Covenent
Item Number: 10.N.
httpJ/survryislesxovtsagerKia.com/CmerSheet.aspx?itmlD=1534 1l1
{
12JI1/2014 Item Coversheet
QFSV= �r� City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305)949 -3113 Fax
O 5VN
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 12/18/2014
RE: Cultural Facilities Grant and Restrictive Covenant for
Gateway Park Performance Stage Area
RECOMMENDATION:
It is recommended that the City Commission approve the attached Grant
Agreement authorizing the City Manager to take the necessary steps to
receive program funds; including filing a Restrictive Covenant with Miami -
Dade County.
REASONS:
The City has been awarded a Cultural Facilities Grant from the Florida
Division of Cultural Affairs in the amount of S500,000 for the development
of the Performance Stage Area at Gateway Park.
Part of the requirement to receive funding is that the City file a Restrictive
Covenant with Miami -Dade County, designating the area as a Cultural
Facility for the next ten (10) years.
ATTACHMENTS:
Description
Grant Agreement
Restrictive Covenent
Item Number: 10.N.
httpl /sunvryisles- o agerda.com /Cme Sheet.aspx ?ItemID =1534 111