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HomeMy WebLinkAboutReso 2008-1206 RESOLUTION NO. 2008- I ?..bl.a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPL Y FOR, RECEIVE AND ACCEPT A SAFE NEIGHBORHOOD PARKS (SNP) BOND PROGRAM GRANT WITH MIAMI-DADE COUNTY, FOR PARTIAL REIMBURSEMENT OF THE ACQUISITION OF PARK PROPERTY KNOWN AS BELLA VISTA BAY PARK LOCA TED AT 500 SUNNY ISLES BOULEVARD, IN THE AMOUNT OF ONE HUNDRED THIRTEEN THOUSAND ($113,000.00); AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTION NECESSARY WITH RESPECT TO THE OBT AINING AND DISTRIBUTION OF GRANT MONIES, AS APPROPRIATE, AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. 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 No, 96-115, the Safe Neighborhood Parks Ordinance (the "Ordinance"); and WHEREAS, it is necessary and desirable to improve the quality oflife, to benefit 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 projects more specifically listed below have been identified for reimbursement pursuant to the terms of the 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 Sunny Isles Beach wishes to make application for the grant monies for the Project listed below subject to all terms and conditions of the Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: , Section 1. Authority to Apply For, Receive, Accept, and Expend Funds from a Grant. The City Manager is hereby authorized to make application for a grant for the Project and in the amount listed below, and in connection with such application to execute such grant agreement and other contracts Page 1 of3 R2008- Safe Neighborhood Parks Bond Grant for Bella Vista Bay Park and documents, 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 to bind the City of Sunny Isles Beach and accomplish the intent of this resolution. Application shall be made with respect to the following project (the "Project") in the amount set forth below. Grant Titles Total Grant Bella Vista Bay Park Partial Acquisition $113,000,00 Section 2. Proiect Completion. The City of Sunny Isles Beach shall complete the Project in accordance with the terms of the grant agreement, the Ordinance, and the administrative rules authorized by the 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 Sunny Isles 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 supplemental funds are needed, the City of Sunny Isles Beach will demonstrate that such supplemental funds have been committed to the Project prior to and as a condition of disbursement or further disbursement of grant funds. The requirement for the City of Sunny Isles Beach to provide any supplemental funds required to complete the Project may, at the sole discretion of the Committee, be modified in whole or in part by a reduction in scope of work consistent with the Ordinance. Section 3. Parks are Open and Accessible to the Public. The City of Sunny Isles 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. Commit Funds. To the extent allowed by law, the City of Sunny Isles Beach will provide all funds which may be required to operate, maintain and provide programming at each park project upon its completion. Section 5. Capital Proiect Funding. No substitution in capital project funding by the City of Sunny Isles Beach shall occur as a result of the grant for which the City of Sunny Isles Beach is applying. Section 6, Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 1 ih day of January 2008. Page 2 of3 R2008- Safe Neighborhood Parks Bond Grant for Bella V ista Bay Park ATTEST: , - , :~....tv~ . .. Jane A. Hines, CMC, City Clerk / r '. :~, ~...-. '. ~ ~ , APPROVED AS TO FORM AN UFFICIENCY: Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl R2008- Safe Neighborhood Parks Bond Grant for Bella Vista Bay Park V(Yes) ~(Y es) L:7(y es) l/lY es) ~(Yes) Moved by: V<c~ rf\~bV J~ C~~C~t:ttvW Seconded by: _(No) _(No) _(No) _(No) _(No) Page 3 of3 MIAMI. tmmm i cit:ieens:' of/'ergight: commit:t:ee safe 0 neighborhood \);1;- parJcg :t'\.. SAFE NEIGHBORHOOD PARKS (SNP) BOND PROGRAM 2007 DISCRETIONARY FUNDS AND PRE-AGREEMENT LAND ACQUISITION FUNDS GRANT APPLICATION SECTION I - APPLICANT INFORMA TION Date: May 21,2007 Applicant (Agency Name): City of Sunny Isles Beach Co-Applicant (Agency Name) if applicable: N/A Contact Person: Douqlas Haaq Title: Assistant City Manaqer / Finance Division E-mail Address:DHaaq@sibfl.net Mailing Address: 18070 Collins Avenue City: Sunny Isles Beach State: FL Zip: 33160 Telephone: 305.792.1701 Fax: 305.792.1561 SECTlONff-GRANTREQUESTOVERWEW A. Grant Title (Project Name): Sunny Isles Blvd Marina B. Project/Land Address: 500 Sunny Isles Blvd C. County Commission District in which project/land is located: District 4 D. Brief Grant Description: This request is for reimbursement for pre-acquired land at the above address, The site is located on the Intracoastal Waterway and will be developed as a park/boat dock facility. The site is also beinq proposed as one of the stops on the Miami-Dade County MPO Water Taxi Proiect. Approximately 10,000 residents and visitors are within walkinq distance of the facility. In addition, The City of Sunny Isles Beach operates a free shuttle bus system that would connect the marina site with both the Aventura Mall and the Intracoastal Mall, allowinq the residents of Aventura and North Miami Beach to use the water taxi as well. 2007 GRANT APP _LAND ACQUISITION E. Indicate total funding request. (dollar-for-dollar cash match required) Funding Amount SNP Grant Request (minimum $10,000 per application $150,000 Cash Match Committed (attach proof of match) $3,056,919 F. Type of Grant Request (please check only one per application): 1) Discretionary Funding - Park Development, Land Owned 0 2) Discretionary Funding - Park Development, Land Leased by Applicant 0 Term of Lease: 3) Pre Agreement Land Acquisition Funding - Land Acquisition X G. Project Readiness for Type of Grant Requested in Section F Completed Februar 26,2007 Method of Acquisition: The entire Proiect Site has been Pre-acquired by the City throuqh a Voluntarily-Neqotiated Transaction Plannin Schematic Desi ns Construction Drawin s Construction H. Can project be completed by December 31, 2008? Yes X The land acquisition has already been completed. NoD SECTION 11I- CONSTRUCTION/OPERA TING COMMITMENTS A. Describe basis or justification for cost estimate: Two appraisals and actual purchase price/c1osinq costs. B. Are additional funds required for this project? Yes 0 NoX If yes, how much? $ N/A 1) List other anticipated funding sources and amounts anticipated: N/A 2007 GRANT APP _LAND ACQUISITION 2 2) Explain how these other funding sources will be used to complete or expand the SNP bond-funded grant or total project: N/A 3) If any other funding sources fail to materialize, how will that affect the SNP bond- funded grant or total project: N/A C. Upon completion, will the work funded by this grant result in increased or new annual maintenance, operation or programming costs? Yes X No D If yes, who will assume the increased costs? City of Sunny Isles Beach Public Works Department SECTION IV - APPLICANT CERTIFICA TION I hereby certify the information provided in this Safe Neighborhood Parks Bond Program 2007 Discretionary Funds and Pre-Agreement Land Acquisition Funds Grant Application and all attachments are true and correct. I also agree, as a condition of the grant, to execute a Grant Agreement and to comply with all terms and conditions of that Grant Agreement, SNP Bond Ordinance No, 96-115 and SNP Administrative Rules. I further certify that I am authorized to apply for this grant on behalf of the applicant. Signature of Authorized Applicant Representative Date DouQ HaaQ Type or Print Name Asst. City ManaQer I Finance Div, Title N/A Signature of Authorized Co-Applicant Representative Date Type or Print Name Title 2007 GRANT APP _LAND ACQUISITION 3 LINE ITEM BUDGET FORM ATTACHMENT A Total SNP %of BUDGET ITEMS Grant Request Expense n. ^I\.'I\.'ING II' ..... ...... IIDESIGN - Engineered Drawings & Permitting IIPROJECT ADMINISTRATION PRE-AGREEMENT SOFT COSTS TOTAL SOFT COSTS* D/BUILDING ACQUISITION $150,000 5% STRUCTION (list below by element with quantities) quipment and shade covers preparation Equipment Installation Freight Purchase and installation of Safety Surfacing IlpRE-AGREEMENT CONSTRUCTION COSTS TOTAL CONSTRUCTION ART ALLOWANCE (for Miami-Dade County only) FIXTURES, FURNITURE and EQUIPMENT (FF&E) OTHER COSTS (list below) I I I I IBUDGET TOTAL I $150,000 5% * The combination of planning, design, project administration and pre-agreement soft Costs cannot exceed 17% of total request. 2007 GRANT APP _LAND ACQUISITION 4 BUDGET JUSTIFICATION ATTACHMENT B 2007 GRANT APP _LAND ACQUISITION 5 TO: Via: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Douglas Haag, Assistant City Manager-Finance O~l~ January 17,2008 APPROVAL TO APPLY FOR, RECEIVE AND EXPEND FUNDS FROM SAFE NEIGHBORHOOD PARKS (SNP) GRANT FOR REIMBURSEMENT FOR PROPERTY ACQUISITION OF BELLA VISTA BAY P ARK LOCATED AT 500 SUNNY ISLES BOULEVARD IN THE AMOUNT OF $113,000 RECOMMENDATION: Approve the attached resolution authorizing the City Manager to take the necessary steps to obtain Miami-Dade County grant funds as partial reimbursement for the cost of acquiring the park property now known as Bella Vista Bay Park. The grant amount is $113,000 ($150,000 was requested). The required matching funds requirement has already been met with the purchase of the property. BACKGROUND: Earlier this year Miami-Dade County announced the availability of $1.1 million in discretionary funding for park development and $575,000 for land acquisition of public parks. The City submitted an application for these funds on June 1, 2007 and received verbal approval on July 12, 2007. The appropriation was approved by the County Commission in December, 2007, and they are now requesting supporting documentation in the form of proof of ownership, authorizing resolution from the governing body, etc. The next step will be preparation of the grant agreement by the County for approval and signature of the City. Funds will be available after the agreement is approved and must be expended by December 31, 2008. To be completed bv Department Head ......... To be completed bv City Clerk's Ollice Funding available: D'M~ APpro~ ) Agenda Item No.: Finance Department V ity Manager Commission Meeting Date: TO: FROM: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 \ \ 3 Fax (305) 947-2150 Building Department (305) 947-5\ 07 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM George Fisher, Grants Coordinator Priscilla Walker, CMC, Deputy City Cle?~ January 23, 2008 RE: Approval of Metropolitan Planning Organization (MPO) and Safe Neighborhood Parks (SNP) Grants At its regular meeting of January 17, 2008, the City Commission adopted the following: 1. Resolution No. 2008-1205. Metropolitan Planning Organization (MPO) Grant for $143,279 for a Master Thoroughfare Plan Safe Neighborhood Parks (SNP) Bond Grant for $113,000 for acquisition of 500 Sunny Isles Boulevard, Safe Neighborhood Parks (SNP) Bond Grant for $30,000 for Samson Oceanfront Park items. 2. Resolution No. 2008-1206. 3. Resolution No. 2008-1207. Attached is a copy of the approving legislation to assist you in processing these items. Thank you. /pw Attachments cc: Doug Haag, Assistant City Manager/Finance Grant (Snp & Mpo) Trans Memo SAFE NEIGHBORHOOD PARKS BOND PROGRAM 2007 QISCRETIONARY & PRE-AGREEMENT LAND ACQUISITION FUNDS AGREEMENT This Agreement, made this day of ,200_ , by and between Miami-Dade County, a political subdivision of the State of Florida (County) through its Office of Capital Improvements (Safe Neighborhood Parks Bond Program) (Office), located at ] 11 N,W. I Street, Suite 2130, Miami, FL 33128, and Citv of Sunny Isles Beach (Grantee) having offices at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 states conditions and covenants for the rendering of Safe Neighborhood Parks Bond (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 of life, 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 XVII 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 and are herein incorporated by reference. Without limiting the generality of the preceding sentence, the Grantee agrees to: Payment Procedures (Ord., Sec,6 & Rules, 9B); Breach of Agreement (Rules, 9B(6) & 10F); Termination (Rules, 10F); Prohibited Use of Funds (Rules, 9D4); Required Documentation (Rules, 10D & 11); Operating Funds (Ord., Sec. 5(b)(1)); Completion of Project and Supplemental Funding (Rules, 9B(15) & (16)); and Audits (Ord., Sec. 13 & Rules, lOA). III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall be from December 4, 2007 to December 31, 2008 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 PAYABLE. The maximum amount payable for the project(s) rendered under this Agreement, shall not exceed $ 143,000.00 unless otherwise amended. The Grantee agrees to post a match which will be subject to verification by the County at the time of payment reimbursement. Expenditure match must be verified at the time of the independent audit (Ord., Sec, 13 & Rules, 9 B (13)). Recipient agrees to provide matching funds for the project(s) in the amount of$143,000.00. 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. A. 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, B. Failure by Grantee to produce the dollar for dollar cash match, unless waived by the Safe Neighborhood Parks Grants Review Sub-Committee at their July 12,2007 meeting, as originally pledged to the projects(s) by the Grantee shall result in a reduction in bond funds awarded under this Agreement, equal to the cash match shortfall, or termination of the Agreement by the County, at the option of 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 Florida Building Code specifications for such facilities. C. Land acquired and/or facility development or improvement funded by this Agreement must be vested with a public agency. Page 2 of 17 D, Sec. 25B-25. Disbursement of funds. (a) No funds authorized under Section 25B-22 may be disbursed to any recipient unless the recipient agrees: (1) The grants for all programs in Section 25B-22 shall be made available at least once every twelve (12) months with public notice from the County, (2) To maintain and operate in perpetuity the property acquired, developed, improved, rehabilitated or restored with the funds, except where leases are in effect. The recipient or its successors in interest in the property may transfer the responsibility to maintain and operate the property to another public agency or another not-for-profit organization in accordance with this section. This recipient agency must provide adequate programming for any new facilities constructed with proceeds of the bonds. (3) To use the property only for the purposes of this article and to make no other use, sale, or disposition of the property, except as provided in subdivision (b) of this section. (4) Any beach, park or the public facility acquired, developed, rehabilitated or restored with funds from this act shall be open and accessible to the public without discrimination as to race, color, gender, age, religious belief, residence, national origin, marital status, or disability. (5) In order to maintain the exclusion from gross income for federal income tax purposes of the interest of any bonds, notes or other evidences of indebtedness issue for the purposes of this article, each recipient of funds pursuant to this article covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended. Each recipient of funds shall agree in writing to the conditions specified in paragraphs (2), (3), and (4) of this section. VIII. fNDEMNIFICA TION BY GRANTEE. Citv of Sunl1v Isles Beach 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 City of Sunnv Isles Beach or its employees, agents, servants, partners, principals or subcontractors. Citv of Sunny Isles Beach 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, Citv of Sunnv Isles Beach expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by City of SUlliW Isles Beach shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided Page 3 of 17 1- 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 shall furnish the County, upon request, written verification of liability protection in accordance with Section 768.28, Florida Statutes. Nothing herein shall 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 l1A, Article IV of the Code of Miami-Dade County ('County Code'), as amended, which prohibits discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination in Employment Act, 29 US.c., Section 621 et seq., 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 of these laws, the County shall 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 shall 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 of Interest Ordinance codified at Section 2-11.1 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 Page 4 of 17 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 Page 5 of 17 I 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, NCrrICES. It is understood and agreed between the parties that written notice addressed to the Office and mailed (certifiedlreturn 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(1) of this Agreement shalJ 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. FurtheIinore, the Grantee's agents and employees are not agents or employees of the County. XVI. TERMINA TION. 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, 10F). 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. The County Manager, upon concurrence of the Safe Neighborhood Parks Oversight Committee shall have the authority to modify or amend this agreement. C. Counterpart. This Agreement is signed in counterpart shall constitute an original of this Agreement. 3 counterparts, and each Page 6 of 17 L D, Headings, 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 Marcia Martin, Office of Capital Improvements. The Grantee's representative for this agreement is (Name and Title), 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 %, 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. Totality of Agreement / Severability of Provisions. This ] 7 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 and 2: Miami-Dade County Affidavits Exhibit(s) 1-2: 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. TN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seal the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 7 of 17 A. John Szerlag, City Manager Name (Typed) ATTEST: B~Q..~,~(!.~ Name/Title-::rGU\~A.l-+\I\~~1 Q.c~ c.l'eJU:.. Corporate Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MIAMI-DADE COUNTY a political subdivision of the State of Florida Assistant County Attorney George M. Burgess, County Manager ATTEST: Harvey Ruvin, Clerk By: Deputy Clerk Page 8 of 17 . ATTACHMENT 1 MIAMI-DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N/ A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDA VIT; MIAMI-DADE CRIMINAL RECORD AFFIDA VIT; DISABILITY NONDISCRIMINATION AFFIDAVIT- and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any' of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract and initial to the left of the statement, if applicable; or "N/ A" if not applicable; and/or provide the information requested. I, , being first duly sworn state: Affiant The full legal name and business address of the person(s) or entity contracting or transacting business with Miami-Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) Street Address City State Zip Code _ 1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): 10f5 Full Legal Name Address Ownership % % % 2. The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90- 133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure often thousand dollars ($10,000) or more shaH require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. I. Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: Black: Hispanics: Males Males Males Males Females Females Females Females: Asian: American Indian: Aleut (Eskimo): Males Males Males Males Females Females Females Females III. AFFIRMATIVE ACTIONINONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women-owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non-discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 20f5 The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of$5,000,000; however, its Board of Directors is representative of the population make-up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. 1st Avenue, 28th Floor, Miami, Florida 33128; The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. IV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. V. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDA VlT (County Ordinance No. 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above named person or entity is providing a drug-free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug-free 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 person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. 30f5 VI. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142-91 codified as Section IIA-29 et seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) 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. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shaH, however, pertain to municipalities of this State. VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with aH applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.c. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.c. Section 794; The Federal Transit Act, as amended 49 U.S.c. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with, the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 40f5 X. PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5%) of the firm's work force consists of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. XI. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At IIA-60 Et. Seq. of the Miami-Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99-5, codified at IIA-60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami- Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/A" all affidavits that do not pertain to this contract. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200_ by He/She is personally known to me or has presented (Type of Identification) as identification. (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public - Stamp State of Notary Seal (State) 50f5 1-- ATTACHMENT SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENeE OF A NOTARY PUBLIC OR OTHER OFFIeIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to Miami-Dade eountv by (print individual's name and title) for (print Name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I u~derstand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea ,of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 10[2 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies.) _Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF TillS FORM TO THE eONTRAeTING OFFleER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIe ENTITY ONLY AND, THAT TillS FORM IS VALID THROUGH DEeEMBER 31 OF THE eALENDAR YEAR IN wmeH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIe ENTITY PRIOR TO ENTERING INTO A CONTRAeT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SEeTION 287.017 FLORIDA STATUTES FOR eATEGORY TWO OF ANY eHANGE IN THE INFORMATION eONTAINED IN TillS FORM. (Signature) Sworn to and subscribed before me this day of 20_. Personally known OR Produced Identification Notary Public - State of My commission expires (Type of Identification) (printed typed or stamped commissioned name of notary public) 20/2 2007 Discretionary & Pre- Agreement land Acquisition EXHIBIT I 1/ Sunny Isles Beach Land acquisition for park/boat dock facility. BUDGET ITEMS PLANNING DESIGN PROJECT ADMINISTRATION PRE-AGREEMENT SOFT COSTS LAND/SLOG ACQUISITION CONSTRUCTION TOTAL CONSTRUCTION ART ALLOWANCE (Miami-Dade Only) FIXTURES. FURNITURE. EQUIPMENT OTHER COSTS EXPENDITURE TOTALS citizens ' overgight cOmInittee safe 0 neighborhood \}r parks J').. DISTRICT ~ Sunny Isles Boulevard Marina Fiscal Year 2007 -2008 I I 1 I 113.0001 01 I I 1 1 I 113.0001 Remarks Minutes of 7/12/07 Grant Review meeting. Requires $113.000 match. 2007 Discretionary & Pre- Agreement Land Acquisition citi$eng , oversight: committee $afe 0 neighborhood \};r parkg /\... EXHIBIT I 2/ DISTRICT ~ Sunny Isles Beach Ilsamson Oceanfront Park Remove old equipment; site work, installation of playground equipment, shade structure and safety surfacing. BUDGET ITEMS PLANNING DESIGN PROJECT ADMINISTRATION PRE-AGREEMENT SOFT COSTS LAND/SLOG ACQUISITION Fiscal Year 2007-2008 CONSTRUCTION Remove old equipment; site work, installation of playground equipment, shade structure and safety surfacing. 30,000 TOTAL CONSTRUCTION ART ALLOWANCE (Miami-Dade Only) FIXTURES, FURNITURE, EQUIPMENT OTHER COSTS 30,0001 I I I I I 30,0001 EXPENDITURE TOTALS Remarks Minutes of 7/12/07 Grant Review meeting, Requires $30,000 match.