Loading...
HomeMy WebLinkAboutReso 2009-1449 RESOLUTION NO. 2009- m 9 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 BELLA VISTA BAY PARK EXPANSION, IN THE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00), AND FOR THE GOLDEN SHORES PARK RENOVATION, IN THE AMOUNT OF ONE HUNDRED ELEVEN THOUSAND FOUR HUNDRED FIFTY DOLLARS ($111,450.00); AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTION NECESSARY WITH RESPECT TO THE OBTAINING AND DISTRIBUTION OF GRANT MONIES, AS APPROPRIATE, AND TO DO ALL THINGS NECESSARY TO EFFECTUATE 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 of life, 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 Projects 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 Projects and in the amount listed below, and in connection with such application to execute such grant agreement and other Page lof3 R2009- Safe Neighborhood Parks Bond Grant contracts 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 projects (the "Project") in the amounts set forth below. Grant Titles Total Grant Bella Vista Bay Park Expansion $200,000.00 Golden Shores Park Renovation $111,450.00 Section 2. Proiects Completion. The City of Sunny Isles Beach shall complete the Projects 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 16th day of July 2009. Page 2 of3 R2009- Safe Neighborhood Parks Bond Grant . ATTEST: .~~ . J~e A. Hines, CMC, City Clerk ) ~ 'f ~ I Vote: 5-D Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl -1L-CY es) ~Yes) - VCYes) &:::7'"CYes) -VCYes) R2009- Safe Neighborhood Parks Bond Grant Moved by: Seconded by: _(No) _(No) _(No) _(No) _(No) Page 3 of3 ~\'V\N't':~ ~R~2.IA) - SAFE NEIGHBORHOOD PARKS BOND PROGRAM 2009 DISCRETIONARY INTEREST AND PRE-LAND ACQUISITION FUNDS AGREEMENT This Agreement, ("Agreement") 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 111 N.W. 1 Street, Suite 2130, Miami, Florida 33128, and the City 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 is entered into this day of , 2010. 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 I WHEREAS, to implement and give effect to the bond program, Miami-Dade County, Florida enacted Ordinance No. 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 AND BUDGET SUMMARY. The Grantee agrees to render services in accordance with the Project 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 AND 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 to 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 and Rules, 9B); Breach of Agreement (Rules, 9B(6) and 10F); Termination (Rules, 10F); Prohibited Use of Funds (Rules, 904); Required Documentation (Rules, 100 and 11); Operating Funds (Ord., Sec. 5(b)(1 )); Completion of Project and Supplemental Funding (Rules, 9B(15) and (16)); and Audits (Ord., Sec. 13 and Rules, 10A). III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall be from December 1, 2009 to December 2, 2010. Failure by the Grantee to tlr 1 of 16 ... complete the project by the aforementioned date shall be cause for the County to terminate this Agreement. There will be no extensions to the Agreement pursuant to RFP SNP0809. IV. AMOUNT PAYABLE. The maximum amount payable for the project(s) rendered under this Agreement shall not exceed $311,450 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 and Rules, 9 B (13)). Grantee agrees to provide matching funds for the project(s) in the amount of $311 ,450. V. FUNDING COMMITMENT. In the event that the project(s) requires further funding, the Board of County Commissioners of Miami-Dade County, Florida, with no representation that funds will be forthcoming, conditions funding for subsequent years upon appropriation. 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 Citizens' Oversight Committee at their August 18, 2009 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 construction 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. (a) The Grantee aqrees: (1) To maintain and operate in perpetuity the property acquired, developed, improved, rehabilitated or restored with the funds, except where leases are in effect, and in the event of leases for a period of 25 pi! 2 of 16 years. The Grantee 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 the SNP Ordinance and Administrative Rules. The Grantee must provide adequate programming for any new facilities constructed with proceeds of the bonds. (2) To use the property only for the purposes state herein and to make no other use, sale, or disposition of the property, except as provided in Section 25B -25(b). (3) 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. (4) 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, to comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended. VIII. INDEMNIFICATION BY GRANTEE. The City of Sunny 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 Sunny Isles Beach or its employees, agents, servants, partners, principals or subcontractors. The City 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. The City of Sunny Isles Beach expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the City of Sunny 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. The parties hereto acknowledge that the Indemnification in this Article shall at all times be subject to the limitations of Section 768.28, Florida Statutes. IX. INSURANCE. 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 11A, Article IV of the Code of Miami-Dade County ("County Code"), as amended, which prohibits j/L 3 of 16 - 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 U.S.C., Section 621 et seq., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C., Section 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.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 U.S.C. Section 1612, and the Fair Housing Act, 42 U.S.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. XIII. OFFICE OF THE MIAMI-DADE INSPECTOR GENERAL. Pursuant to Ordinance No. 97-215, the Office of the Miami-Dade County Inspector General (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall have the power to report and/or recommend to the Board of County Commissioners whether a particular project, program, agreement or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. Upon ten (10) days written notice to Grantee from IG, the Grantee shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said mandatory random audits, as well as audit, investigate, monitor, oversee, inspect and review the operations, activities and performance and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities, of Grantee, its officers, agents and employees, lobbyists, County staff and elected officials in order to ensure compliance with agreement specifications and detect corruption and fraud. This mandatory random L/~ 4 of 16 audit is separate and distinct from any other audit by the County of any audit performed under Section XI. "Independent Private-Sector Inspector General". The provisions in this Section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this Section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this Section are not intended nor shall they be construed to impose any liability on the County by Grantee or third parties. XIV. NOTICES. It is understood and agreed between the parties that written notice addressed to the Office and mailed (certified/return receipt) or delivered to the address appearing on page one (1) of this Agreement and written notice addressed to the Grantee and mailed (certified/return receipt) or delivered to the address appearing on page one (1) of this Agreement shall constitute sufficient notice to either party. XV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Grantee is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Grantee's agents and employees are not agents or employees of the County. XVI. TERMINATION. If the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties herein, the County shall have the right to terminate this Agreement by giving at least ten (10) days prior written notice to the Grantee (Rules, 10F). XVII. MISCELLANEOUS. A. Applicable Law. Means any applicable law (including, without limitation, any environmental law), enactment, statute, code, ordinance, administrative order charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, or other direction or requirement of any governmental authority, political subdivision, or any division or department thereof, now existing or hereinafter enacted, adopted, promulgated, entered, or issued. Notwithstanding the foregoing, "Applicable Laws" and "applicable laws" shall expressly include, without limitation, all applicable zoning, land use, DRI and Florida Building Code requirements and regulations, all applicable impact fee requirements, all requirements of Florida Statutes, specifically including, but not limited to, Section 255.05 related to payment and performance bonds, Section 255.20 related to contractor selection and Section 287.055 related to competitive selection of architects and engineers, all requirements of Chapters 119 and 286 of the Florida Statutes, Section 2-11.15 of the Code (Art in Public Places), and all other applicable requirements contained in this Agreement. tI/ j( 5 of 16 - B. Modifications. Any alterations, variations, modifications, 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 -L counterparts, and each counterpart shall constitute an original of this Agreement. D. Headinqs, Use of Sinqular 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. Aqreement Contact. The County's representative for this Agreement is Veronica Rubert, Office of Capital Improvements. The Grantee's representative for this agreement is Dcu<] \-\c\'Q.)J !;V'\~"'(f. niv-\'"~Name and Title). F. Frinqe 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 9 (D) (2) (c) of the Rules, such percentage shall not exceed 40%. 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, which shall be granted or denied in the sole discretion of the County. H. Totality of Aqreement / Severability of Provisions. This.1Q 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: Attachments 1 and 2: Miami-Dade County Affidavits Exhibit(s) 1 through 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. ;/f! 6 of 16 IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of ,2010. form and cy. Approved by County Attorney as to form and legal sufficiency. By: /fkJ/tJ Date For the Board of Commissioners, City of Sunny Isles Beac~ Florida JANE HINES, CMC CLERK , Attest: BY~ ft~ Cler 2/5/10 I . Date MIAMI-DADE COUNTY, FLORIDA By: County Mayor MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Stephen P. Clark Center 111 N.W. 1 Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: By: Deputy Clerk Date 7 of 16 ... (/L ATTACHMENT 1 MIAMI-DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavit~ that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. Al blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; 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 andinitial to the left of the statement, if applicable; or "N/ A" if not applicab\~o pr tie the information requested. I, , being first duly sworn state: 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): C5- O~~(,4'l Federal Employer Identification Number (rfnone, Social Security) C'r\-" of Su..'-'\V\v l.s\es Gead, Name of ntity, Individual s , Partners, or Corporation Doing Business As (if same as above, leave blank) H~O~lO Cot t\ ~~ ~ Sv.l-\\n ~\~J Dead" \:::L jJ 160 Street Address C ty State Zip Code 00 I MIAMI-DADE COUNTY OWNERSmP DISCLOSURE AFFIDAVIT (Sec. 2-8. i of the County Code) ..J 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 iswith a partnership, the foregoing information shall be provided for each partneL 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 '~ontracts. 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): Bof 16 t/;~ 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. ~ R II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90- 133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code). im. Except where precluded by fed~ral or State laws or regulations, each.contract or business transaction or renewal thereof which involves the expenditure often thousand dollars ($10,000) or more shall 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. 1. 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: Males ' Males - Males Males Asian: American Indian: Aleut (Eskimo): Females Females Females Females AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordiriance 98-30 codified at 2-8. L5 of the County Code.) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,QOO,000 seeking to contract with the County shall,as a condition of receiving a County contract, have: i) a written af:fmnative 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-ownedbtciinesses in its own procurement of goods, supplies and services. Such affinnative 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 presumoo 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 Cowity contract. The foregoing presumption may be reb"utted. 9 of 16 vi!- 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. NA The firm does not have annual gross revenues in excess of $5,000,000. fV i'J 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. X The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. 1st Avenue, 28th Floor, Miami, Florida 33128; 101\ The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. X-IV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code) The individual or entity enterir:g into a contract or receiving funding from the County _ has X has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. ~v. An officer, director, or executive of the entity entering into a contract or receiving funding from the County _ has -$- has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (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 ~ccurring 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 beIiefits 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. 10 of 16 ;J;'L ..3 ~VI. MIAMI-DADE EMPLOYMENT FAMILY LEA VB AFFIDAVIT (County Ordinance No. 142-91 codified as Section l1A-29 et. seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, a employer with fifty (50) or more employees working in Dade County for each working day durin . each of twenty (20) or more calendar work weeks, shall provide the following information i compliance with all items in the aforementioned ordinance: An employee who has worked for the above finn 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 0 adoption of a child, or for the care of a child, Spouse or other close relative who has a serious healt] 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 0: agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall however, pertain to municipalities of this State. tJll VIr. 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 all 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. Avrrr. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-8. 1 (c) of the County Code) Except forsmaU 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. '~)X.CURRENT ON ALL COUNTY CONTRAcrs, 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. . . 11 of 16 tJ/~ tJ~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. 't-Xl. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At l1A-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 l1A-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 cwrent 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 affidavi that pertain to this contract and have indicated by an "N/A" all affidavits that do not pe{~ tract. By: !5 fi~ II) (Date) -:5 t!t day of -fe~ (SignL SUBSCRIBED AND SWORN TO (or affirmed) before me this 20~..Q.. by ~\ UL eo..lJe<Z- . He/She is personally sented (Type of Identification) as identification. e of Notary) /' 'Db> ~'~07G (Serial Number) fJ\~t\tlo ~MW(L (print or Stamp of Notary) M~ 1. z..ol'> (Eplranon Date) Notary Public - Stamp State of -fLo~l.l>a. (State) Notary Seal #~ PlI,t Notary Public State of Florida Mauricio Belancur !' JtJ ~ My Commission DD885076 ~ ~""': " "'", 0, r-o';; Expire5 05/04/2013 12 of 16 L)/[ A'ITACBMENT 2 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TIllS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to Miami-Dade County by ~'IC~ (.o\I\~e\r) C;+'I M(\V\,,~cy- (print individual's name and title) for C,.\ 'I of SU.~\IY l:5\ e~ Bea c~ . (print Name of entity submitting sworn statement) whose business address is \8010 (0\ \i~'fS A\X:; SUI,\Vl.Y ls\tt \Je.ach} FL 3JJ(() and if applicable its Federal Employer Identification Number (FEIN) is (; 5 -0784 b 4 t7 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I un,derstand that a "public entity crime" as defined in paragraph 287.133 (l)(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,~f guilty or nolo contendere. 4. I understand that an "aff....liate" 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 "afl1.1iate" 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 pers~n controls another person. A person who knowinglyeilters 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. . 13 of 16 dIe 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.) LNeither 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 CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT TInS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN wmCH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Personally known Sworn to and subscribed before me this ~Ck: Co,JtJ~ ~'t!t day of -re:~~ ,20~. (Type of Identification) Statedf~~A expi l M~ 4-( ZDl::, OR Produced Identification (printed typed or stamped. commissioned name of notary public) .".. ~,,~ ~~'1- . .; ~~, ~ ~~ Ofl~o'<i Notary Public Slale of Florilla Mauricio Belancur My commission Doee6076 Expires 05/04/2013 14 of .16 Ji~ - 2009 Discretionary Interest and Pre-land Acquisition Funds Agreement o citi$elJ$' over$ight committee gale 0 neighborhood \H parkg n EXHIBIT I 11 DISTRICT [] Bella Vista Bay Park Expansion 488 Sunny Isles Boulevard City of Sunny Isles Beach land Acquisition BUDGET ITEMS PLANNING DESIGN PROJECT ADMINISTRATION PRE-AGREEMENT SOFT COSTS lAND/BlDG ACQUISITION Fiscal Year 2009.2010 I I I I 200,000 I CONSTRUCTION TOTAL CONSTRUCTION ART ALLOWANCE FIXTURES, FURNITURE, EQUIPMENT OTHER COSTS 200,0001 TOTAL AWARD Remarks SNPCOC approved at their August 18, 2009 meeting. Match 1 to 1 required. R-1376-09 December 1, 2009 15 of 16 (/l ...... 2009 Discretionary Interest and Pre-land Acquisition Funds Agreement o citi$en$' over$ight committee gafe 0 neighborhood \1r parkg :t\. EXHIBIT I 21 DISTRICT ~ City of Sunny Isles Beach Golden Shores Park Renovation 201 - 191 Terrace Park Renovations BUDGET ITEMS PLANNING DESIGN PROJECT ADMINISTRATION PRE-AGREEMENT SOFT COSTS LAND/SLDG ACQUISITION Fiscal Year 2009-2010 I 2,2501 I I I CONSTRUCTION 55,000 I 21,0001 14,7001 13,7501 4,750 Site Preparation Walking Path Safety Surfacing Fencing Playground Equipment TOTAL CONSTRUCTION ART ALLOWANCE FIXTURES, FURNITURE, EQUIPMENT OTHER COSTS 109,200 111,4501 TOTAL AWARD Remarks SNPCOC approved at their August 18, 2009 meeting. Match 1 to 1 required. R-1376-09 December 1, 2009 16 of 16 tI/( Preview Page 1 of 1 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: Doug Haag, Assistant City Manager - Finance DATE: 7/16/2009 RE: Approval to apply for, receive, and expend funds from Safe Neighborhood Parks (SNP) grant for reimbursement for property acquistion for Bella Vista Bay Park Expansion ($200,000) and Goldent Shores Park Renovation ($111,450). RECOMMENDATION: Approve the attached resolution authorizing the city manager to take the necessary steps to obtain Miami-Dade County grant funds for the following projects: 1. Bella Vista Bay Park Expansion - $200,000 (Total project cost of $400,000). This is for the acquisition of the property located adjacent to Bella Vista Bay Park. Matching grant funds are in the amount of $200,000 are included in the FY 2009/1 0 proposed Land Bank Fund account 50-545-5652C. 2. Golden Shores Park Renovation - $111,450 (Total project cost $222,900). A preliminary site plan is attached for the proposed improvements, which will require final approval from the City commission. Matching grant funds in the amount of $111 ,450 are included in the FY 2009/10 proposed CIP Fund account 20-600-5612. REASONS: In June, 2009 Miami-Dade County announced the availability of $6 million in grant funds for land acquisition and/or capital development of public parks. Grant funds must be expended within one year after the funds are allocated by the Board of County Commission to the applicants. This is expected to occur in November or December, 2009. Grants require a dollar-for-dollar cash match with a $10,000 minimum application amount. The suggested maximum is $100,000. Applications are due on Monday, July 20. FUNDING SOURCE: Funding is provided as indicated above. ATTACHMENTS: . Site plan . Resolution Agenda Item I 0 C; Date l-lL, "'D~ http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=62&MeetingIl Q) c += Vl .X w ~ "0 <D Vl o Q. o a: ~