12South Miami
OftefleaCKY
CITY OF SOUTH MIAMI f
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Maria E. Stout -Tate, Director
Parks & Recreation Department
Date: April 4, 2011 Agenda Item No.:—LOI***
Subject: A Resolution of the Mayor and City Commission of the City of South Miami,
Florida authorizing a change in the scope of the work and authorizing the City
Manager to approve a purchase in the amount of $10,970 to build a half basketball
court at Dante Fascell Park through Leadex Corporation; using the awarded
FRDAP grant (Florida Recreation Development Assistance), through FRDAP -
Dante Fascell account 114- 2000 - 572 -6302; providing an effective date.
Background: Leadex Corporation is a general contractor that has done multiple and outstanding
projects for the City of South Miami.
Three competitive bids were acquired for this project. Leadex corporation
provided the lowest bid ($10,970), compared to Fast Dry Courts ($11,800) and Me
Courts Construction, Inc ($17,800).
The project cost will remain within the scope of services established through the
FRDAP grant.
The building of a half basketball court at Dante Fascell Park would broaden the
utilization of this park, which is used by many of the residents of the City of South
Miami for birthday parties, events, sports and other activities.
Expense: $10,970
Fund & Account: 114 - 2000 - 572 -63 -02 (FRDAP -Dante Fascell account)
Attachments: • Proposed Resolution
• Leadex Corporation bid, Fast Dry Courts bid, Me Court Construction, Inc
bid
• FRDAP – March 24,2011- E -mail – Amendment Approval
• FRDAP – November 9, 2010 - Modification Letter
• FRDAP – August 12th, 2008 – Agreement
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
RESOLUTION NO.
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida authorizing a change in the scope of the work and authorizing the City
Manager to approve a purchase in the amount of $10,970, to build a half basketball
court at Dante Fascell Park through Leadex Corporation; as part of the scope -of-
work, using the awarded FRDAP grant (Florida Recreation Development
Assistance), through FRDAP- Dante Faseell account 114- 2000 -572 -6302; providing
an effective date.
WHEREAS, the City has entered into an agreement with FRDAP for a grant for Dante Fascell
Park and,
WHEREAS, the scope -of -work has changed, and the scope of work to build a volleyball court
has been eliminated, and the installation of the basketball pole has been enlarged to include building a
half basketball court as a substitution for the volleyball court; and,
WHEREAS, FRDAP has approved the amendment to the scope of the work as set forth above;
and,
WHEREAS, Leadex Corporation was the lowest quote in the amount of $10,900 among two
other companies Fast Dry ($11,800) and Me Courts Construction, Inc. ($17,800).
WHEREAS, a volleyball court has already been established at Dante Fascell Park, and it
would therefore be an appropriate use of the remaining funds from the grant, to construct a half
basketball court as a substitution for the volleyball court; and,
WHEREAS, FRDAP on November 9"', 2010, approved the modification request; and,
WHEREAS, this change would enhance the recreational dimensions at Dante Fascell Park
and provided additional activities for area youth and families.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission authorize the change in the scope of the work and
authorize the City Manager to approve a purchase in the amount of $10,970, to build a half basketball
court at Dante Fascell Park from Leadex Corporation, utilizing the FRDAP grant, through FRDAP -
Dante Fascell account 114- 2000 - 572 -6302.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this , day of 12011.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
"t•
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer
Commissioner Harris:
RESOLUTION NO.
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida authorizing a change in the scope of the work and authorizing the City
Manager to approve a purchase in the amount of $10,970 to build a half basketball
court at Dante Fascell Park through Leadex Corporation; using the awarded
FRDAP grant (Florida Recreation Development Assistance), through FRDAP-
Dante Fascell account 114- 2000 - 572 -6302; providing an effective date.
WHEREAS, the City has entered into an agreement with FRDAP for a grant for Dante Fascell
Park and,
WHEREAS, the scope -of -work has changed and the scope of work to build a volleyball court
has been eliminated and the installation of a basketball pole has been enlarged to include building a half
basketball court at Dante Fascell Park; and,
WHEREAS, FRDAP has approved the amendment to the scope of the work as set forth above;
and,
WHEREAS, Leadex Corporation was the lowest quote in the amount of $10,900 among two
other companies Fast Dry ($11,800) and Me Courts Construction, Inc. ($17,800).
WHEREAS, a volleyball court has already been established at Dante Fascell Park, and it
would therefore be an appropriate use of the remaining funds from the grant, to construct a half
basketball court as a substitution for the volleyball court; and,
WHEREAS, FRDAP on November 9`h, 2010, approved the modification request; and,
WHEREAS, this change would enhance the recreational dimensions at Dante Fascell Park
and provided additional activities for area youth and families.
NOW, THEREFORE,, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission authorize the change in the scope of the work and
authorize the City Manager to approve a purchase in the amount of $10,970, to build a half basketball
court at Dante Fascell Park from Leadex Corporation, utilizing the FRDAP grant, through FRDAP-
Dante Fascell account 114- 2000 -572 -6302.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this , day of 2011.
ATTEST:
CITY CLERK
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
READ AND APPROVED AS TO FORM: Commissioner Palmer
Commissioner Harris:
CITY ATTORNEY
CGCO10793
12391 SW 130 St, MIAMI, FLORIDA 33132
To:
City of South Miami
Attn:
Mr. Doug Baker
Loc:
Dante Fascell Park
Re:
Basketball Halfcourt
PROPOSAL
"SCOPE OF WORK
Leadex Corporation
Telephone: 305 - 26&2028
Fax: 305 -264 -5350
Date: March 17, 2011
1 Supply and install a 4" limerock base compacted to 95% density.
2 Install 1" of asphalt court surface.
3 Supply and install 1 basketball gooseneck goal post with a fan backboard
and rim.
4 Apply acrylic court surfacing and paint the key and three point line.
Court to be dark green and striping in white.
Total price for above mentioned work .......
Area to be left at subgrade by City.
Authorized Accepted by
Signature & date qo4,o, A Yawn a Signature & date
$2,500.00
$4,100.00
$2,000.00
$2,370.00
$10,970.00
FW: Proposal Page 1 of 1
FW: Proposal
Doug Baker
Sent: Friday, March 18, 2011 12:28 PM
To: cineas, Joanne
Attachments: Dante Fascell Half Court.pdf (26 KB)
Joanne good morning please print with attachment thank you
From: lose Fonseca[mailto:jose @leadexcorp.com]
Sent: Thursday, March 17, 20115:41 PM
To: Doug Baker
Subject: Proposal
Sorry I don't know why it didn't go through. Just got to my office. Let me know if that number works.
Thanks,
Jose R Fonseca
Leadex Corporation
12391 SW 130th St
Miami, Fl 33186
ph 305.266.2028 ext. 1004
fax 305.264.5350
Jose . leadexcorp.com
PLEASE NOTE OUR NEW ADDRESS!
https:Hexch.csml .local /owa/ ?ae= Item& t° IPM.Note &id= RgAAAAB80dlTmkCxS7N VcO... 3/19/2011
March 3, 2011
Doug Baker, Park Maintenance Supervisor
City of South Miami
Dante Fascell Park
8700 S. W. 57h Avenue
Miami, Florida 33143
1400 N.W. 13`" Avenue
Pompano Beach, FL 33069
Telephone: 305-796-1568
E -mail: dbaker(a)cityofsouthmiami.net
Thank you for contacting us with your basketball court needs. Fast -Dry Courts, Inc. is pleased to quote
you on installing a half -court at Dante Fascell Park as follows:
$11,800 — Build one (1) asphalt half -size basketball court measuring 50' x 62'. Atop your properly
prepared sub base, install 6" rock base, 1" Type III /S asphalt surface; 4 coat CalPro acrylic color system.
Install one (1) First Team Ruffneck Max basketball system with 4 -1/2" O.D. galvanized direct burial pole,
36" x 54" fan shaped aluminum backboard and unbreakable fixed goal.
Why should you choose Fast -Dry Courts, Inc. for this project? We have a 24 year track record of
exceeding customer expectations. We survey each customer after every project and 96% of our
customers would recommend Fast -Dry Courts, Inc. to a trusted colleague or friend. 68% of our projects
last year were from existing customers or referrals. All of our Project Managers have at least 7 years of
experience. It is our commitment to quality and professionalism that led the American Sports Builders
Association (ASBA) to recognize Fast -Dry Courts, Inc. for excellence in tennis court construction for an
unprecedented 15 consecutive years. We have completed 5,400+ projects without a single lawsuit
regarding quality or performance. Furthermore, as should be expected from a tennis court contractor,
we are licensed, bondable and insured. If you have any further questions or would like a formal contract
for the quoted work, please contact 800 - 432 -2994.
Sincerely,
FAST -DRY COURTS, INC.
Todd M. Dettor
Vice President
/ka
www.fast - dry.com www.10 -s.com
National: 1- 800 - 432 -2994 • Local: (954) 979 -3111 -,Fax: (954) 978 -8479
s
Maintenance
Supplies
AMCRIOAN
9POItTS AUf4p }:25
MGbHSR ' gtiS091dTSpN
Construction
Resurfacing
www.fast - dry.com www.10 -s.com
National: 1- 800 - 432 -2994 • Local: (954) 979 -3111 -,Fax: (954) 978 -8479
s
Maintenance
Supplies
NEW CONSTRUCTION
HARD COURT REFERENCE LIST
WARNE BORG RESIDENCE (Jupiter)
Barry Ratner, General Contractor
561- 702 -3274
1 cushion acrylic tennis court (2009)
ED HICKEY RESIDENCE (Hobe Sound)
Richard Rutledge, Supervisor
772 -546 -9650
1 tennis court (2007)
CHARLES MARIA RESIDENCE
(Palm Beach Gardens)
561- 891 -4445
1 acrylic tennis court (2009)
JONATHON BLOOM RESIDENCE
(Boca Raton)
561- 864 -0900 (office)
1 acrylic tennis court (2004)
HOGAN RESIDENCE (Plantation)
954 -533 -2768
1 acrylic tennis /basketball court (2008)
MORES RESIDENCE (Parkland)
Steve Mracheck, GC
954 -755 -0237
1 acrylic cushion tennis court
1 acrylic cushion basketball court
fence & lighting (2008)
TALPOS RESIDENCE (Davie)
954- 682 -8162
1 acrylic tennis court (2008)
FRANCO RIZZOLO RESIDENCE
(Jupiter)
973 - 985 -7954
1 cushion acrylic tennis court (2008)
ROB PRINTZ (Boca Raton)
561 -594 -4636 (office); 561 - 655 -5526
1 DecoTurf cushion basketball /tennis
court (2007)
TERRY MURPHY RESIDENCE
(Palm Beach Gardens)
561- 688 -8155 (office)
1 acrylic tennis court (2008)
HAMMOND RESIDENCE (Boca Raton)
561- 414 -3049
1 acrylic cushion tennis court, fence,
lighting & cabana (2009)
NARANJO RESIDENCE (Pinecrest)
305 - 213 -2262
1 acrylic tennis court (2009)
MARTINEZ RESIDENCE
(Southwest Ranches)
305- 828 -2189
1 acrylic tennis court
fence & lighting (2007)
`,�aM11P.AtG1N
M1tl:MHHR SPOCLUTA4p}14S
A9S1�ClATIPY
Construction Maintenance
Resurfacing - Supplies
www.ffast- dry.c ®m www.10 -s.com
National: 1 -800- 432 -2994 a Local: (954) 979 -3111 e Fax: (954) 979 -1335
City of South Miami
Dante Facell Park
court
February 25,2011
JOB: V2 BB
PROPOSAL /CONTRACT FOR CONSTRUCTION
This Agreement is made between McCourt Construction, Inc., hereinafter called the
Contractor, and S. Miami, herein after called the Customer, for the construction of
tennisibasketball court(s).
ARTICLE I
Scope of Work
1.1 CLEARING AND SUB -BASE
a. Clearing and proper sub -base to be the responsibility of the Customer, to
be +/- V.
b. Underground clearance to be requested by Contractor prior to
commencement. All clearance by Customer.
1.2 BASE AND ASPHALT
a. Asphalt area to be approximately 62' x 50', with square corners.
b. Contractor will grade sub -base to slope 1" in 10" for proper drainage.
C. Contractor will install a 6" limerock base, rolled and compressed to 4 ".
d. Contractor will lay 1" of SRD2 hot asphalt with rice rock, to be rolled to
finished grade.
1. FINISHED PLAYING SURFACE AND EQUIPMENT
a. Contractor will test for low spots and will correct those deeper than 1/16"
(depth of a dime), using Plexipave Patch Mix.
b. Contractor will surface court(s) as to California Products Corp.
specifications, using Plexipave materials as follows:
One coat Acrylic Resurfacer
Three coats Fortified Plexipave
C. Court colors to be: and
(please specify).
d. Contractor will paint 2" white playing lines to meet specifications.
e. Contractor will install _1_ MacGregor gooseneck basketball standard set
at 10'
ARTICLE II
Conditions of Contract
2.1 CONDITIONS BINDING CONTRACTOR
a. Contractor agrees to maintain own liability and worker's compensation
insurance, as well as proper licenses to fulfill job obligations.
b. Contractor agrees to provide materials, labor, tools, and supervision.
C. All work to be done on a timely basis, except for delays caused by the
weather or other conditions beyond the Contractor's control.
d. Contractor accepts responsibility only for repairs done by McCourt.
e. Contractor will file required Notice to Owner for job, if he is not in privity
with the owner.
f. Contractor will not be liable for any loss, damage, or destruction to
property or court premises, except when caused by employees of the
Contractor.
g. Grass, trees, shrubbery, walkways, and driveways to be exempt from
Contractor's liability, if they must be crossed to gain access to the site.
2.2 CONDITIONS BINDING CUSTOMER
a. Customer agrees to furnish access to site for equipment and materials, and
a safe storage area.
b. Customer agrees to provide water and electricity for construction
purposes.
C. Customer shall give any Notices required of him.
d. Customer shall pay for all Permits required for project. If Contractor
secures Permits, all applicable fees and Permit costs to be paid by
Customer upon receipt of invoice.
e. Customer agrees to PAYMENT SCHEDULE outlined.
ARTICLE III
Guarantee
3.1 Contractor guarantees workmanship and materials against defects for a period of
one year, save normal wear and tear, Acts of God, vandalism, or root damage and
cracking caused by trees or plants installed around perimeter of court.
3.2 PROPER COURT USE AND MAINTENANCE TO BE THE SOLE
RESPONSIBILITY OF THE CUSTOMER.
3.3 Contractor shall nullify this guarantee in the event the Customer fails to fulfill the
terms of the PAYMENT SCHEDULE.
3.4 All prices subject to change without notice if contract is not accepted within 60
days.
ARTICLE IV
Payment Schedule
4.1 Upon installation of asphalt, Customer agrees to pay:
$12,500.00
4.2 Upon completion of final playing surface, Customer agrees to pay:
$2,800.00
4.4 Upon installation of equipment, Customer agrees to pay:
$2,500.00
JOB TOTAL:
$17,800.00
Accepted by x
McCourt Construction, Inc.
FW: Dante Facell half court Page 1 of 1
FW: Dante Facell half court
Doug Baker
Sent: Friday, February 25, 2011 11:48 AM
To: cineas, joanne
Attachments: South Miami Dante Facell 2 -1.doc (37 KB)
Hello Joanne sorry to bother you again please print out with all attachments and leave in my in box thank you
From: RICHDROTH @aol.com [mailto: RICH DROTH @aol.com]
Sent: Friday, February 25, 2011 10:46 AM
To: Doug Baker
Subject: Dante Facell half court
M
Attached is the proposal for the court.
Richard
McCourt Construction Inc
305- 255 -0252-
305 - 378 -2395 Fax
https: / /exch.csm l .locallowal ?ae= Item &t= IPM.Note &id= RgAAAAB 80dlTmkCxS7NVcO... 2/23/2011
Page 1 of 1
Stout -Tate, Maria
From: Lee, Mary Ann [Mary. Ann. Lee @dep.state.fl. us]
Sent: Thursday, March 24, 2011 4:48 PM
To: Stout -Tate, Maria
Subject: RE: FRDAP 2011 Amendment Dante Fascell Park 3 2011
Maria: The Department has approved your request to amend the project agreement for
FRDAP Project No. A09093, Dante Fascell Park Improvements which inserts a "half -
court basketball court ". This will become effective upon final signature.
From: Stout -Tate, Maria [mailto:MStoutTate @southmiamifl.gov]
Sent: Thursday, March 24, 20114:39 PM
To: Lee, Mary Ann
Subject: RE: FRDAP 2011 Amendment Dante Fascell Park 3 2011
Thank you. Can you say okay through an email so that at least the new City Attorney would approve my
resolution so that it can be placed on the April 4, 2011 Agenda ? ??
From: Lee, Mary Ann [ mailto :Mary.Ann.Lee @dep.state.fl.us]
Sent: Thursday, March 24, 20114:24 PM
To: Stout -Tate, Maria
Subject: RE: FRDAP 2011 Amendment Dante Fascell Park 3 2011
Maria: I got it, will mail out amendment for signature in tomorrow's mail... today's has
already gone. Just sign at tab, make yourself a copy and return original to me.
Thanks. MA
The Department of Environmental Protection values your feedback as a customer. DEP Secretary
Herschel T Vinyard Jr. is committed to continuously assessing and improving the level and quality of
services provided to you. Please take a few minutes to comment on the quality of service you received.
Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey.
From: Stout -Tate, Maria [ mailto :MStoutTate @southmiamifl.gov]
Sent: Thursday, March 24, 20114:03 PM
To: Lee, Mary Ann
Subject: FRDAP 2011 Amendment Dante Fascell Park 3 2011
Importance: High
Attached, please find the information you requested last night and the information which Doug and you
spoke of this morning. Please let me know if there is anything you would like me to do. I shall wait on
your response so that I can forward it to the new City Attorney. Thank you for your time and support.
Maria Stout -Tate, Director, Parks & Rec., City of South Miami.
3/25/2011
November 9, 2010
Mr. Alfredo Riverol
Finance Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Florida Department of
ris`
chGo
Govvf erno;
Environmental Protection
Jeff Kottkanp
Marjory Stoneman Douglas Building
Lt. Governor
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Mirni Drew
Secreiary
Re: Dante Fascell Park Improvments
FRDAP Agreement #A09093
Dear Mr. Riverol:
This is to respond to the request by the City of South Miami to amend the list of project elements
in the above referenced agreement.
The Department of Environmental Protection has considered and approved this request to modify
the project elements by deleting 'volleyball court" and inserting "exercise trail /vita course and
play equipment ". This modification will be effective upon full execution by you below and will
constitute an amendment to your contract. Once you have executed this modification, return the
original to us. Please retain a copy for your records.
If you have questions in this regard, please call us at 850/245 -2501. Thank you for your
attention to this matter.
Sincerely:
Mary Ann Lee
Community Assistance Consultant
Division of Recreation and Parks
EXECUTED THIS qA DAY
i rogram Administrator, DEP Project
'Afore Prorectiov. Less Process"
n�rxtdepstufefl.tts '
DEP Agreement No. A9093
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2008 -09) — Development
This PROJECT AGREEMENT is made and entered into this _ /at'�day of
2008, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVI ONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the
CITY OF SOUTH MIAMI, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In consideration of the
mutual covenants contained herein and pursuant to section 375.075, Florida Statutes,
and chapter 62D -5, Part V, Florida Administrative Code, the parties hereto agree as
follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 6213-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions. of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT,
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Dante Fascell Park Improvments (Florida
Recreation Development Assistance Program (FRDAP), FRDAP Project Number
A09093), hereinafter called the PROJECT, and enters into this PROJECT
AGREEMENT with the GRANTEE for the development of that real property, the
legal description of which shall be submitted to the DEPARTMENT as described
in the Florida Recreation Development Assistance Program Development
Commencement Documentation Checklist, DEP Form FPS -A034.
3. All forms referenced in this PROJECT AGREEMENT may be found at
www.dep.state.fl.us/parks/oirs, Further, the GRANTEE will also receive all
DEP Agreement No. A9093, Page 1 of 10
DEP 55 -231 (06108)
applicable forms for administration of project with GRANTEE'S copy of the fully
executed PROJECT AGREEMENT,
4. The GRANTEE shall construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS: Exercise /vita course, basketball pole, renovation of
volleyball, tennis court, restroom and other related support facilities, as identified
in the GRANTEE'S approved Grant Application. These PROJECT ELEMENTS
may be modified by the DEPARTMENT if the GRANTEE shows good cause and
the DEPARTMENT approves the modification. PROJECT planning expenses
cannot exceed 15% of the PROJECT cost to be eligible for reimbursement.
5. The DEPARTMENT shall pay, on a- reimbursement basis, to the GRANTEE,
funds not to exceed $ 50;854.00, which will pay the DEPARTMENT'S share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $50,854.00 75 %.
GRANTEE Match: $16,951.00 25%
Type of Match: Cash, In -Kind Services and /or Land value
If the total cost of the PROJECT exceeds the grant amount and the required
match, the GRANTEE must pay the excess cost.
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre -audit and post -audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT'S Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Checklist, FPS -A036, referenced in s.
62D- 5.058(7)0 of the RULE, the DEPARTMENT will approve the request for
payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
DEPARTMENT will periodically request proof of a transaction (such as invoice or
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines).
When requested, this information must be provided within thirty (30) calendar
days of the date of such request. The GRANTEE may also be required to
submit a cost allocation plan to the DEPARTMENT in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http://www.fldfs.com/aadir/reference%5FQuide, which GRANTEE shall follow.
DEP Agreement No. A9093, Page 2 of 10
DEP 55 -231 (06108)
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Financial Reporting Procedures, formerly known as the Grant and Contract
Accountability Procedure, hereinafter called the PROCEDURE, incorporated into
this PROJECT AGREEMENT by reference as if fully set forth herein. A copy of
this PROCEDURE has been provided with this PROJECT AGREEMENT and
may also be found at hftp:/Iwww.dep.state.fl.us/parKs/oirs' All purchases of
goods and services for accomplishment of the PROJECT shall be secured in
accordance with the GRANTEE'S procurement procedures. Expenses
representing the PROJECT costs, including the required matching contribution,
shall be reported to the DEPARTMENT and summarized on certification forms
provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use
the PROCEDURE guidelines for accounting for FRDAP funds disbursed for the
PROJECT. The .parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE'S eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11, The State of Florida's performance and obligation to pay under this PROJECT
AGREEMENT is contingent upon an annual appropriation by the Legislature.
The GRANTEE understands that this PROJECT AGREEMENT is not a
commitment of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall
be subject to pre -audit review and approval by the State of Florida Chief
Financial Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D- 5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 62D - 5.055(9)
of the RULE. The DEPARTMENT and the GRANTEE fully understand and
agree that there shall be no reimbursement of PROJECT funds by the
DEPARTMENT for any expenditure made prior to the execution of this
PROJECT AGREEMENT with the exception of those expenditures which meet
the requirements of the foregoing sections of the RULE.
DEP Agreement No. A9093, Page 3 of 10
DEP 55 -231 (06108)
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program, Commencement Documentation Checklist, DEP Form FPS -A034,
referenced in s. 62D- 5.058(7)(c) of the RULE, to the DEPARTMENT. Upon
determining that the documentation complies with the RULE, the
DEPARTMENT will give written notice to GRANTEE to commence the
development.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the PROJECT construction and shall certify that
it has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS -A037, referenced in s. 62D- 5.058(7)(d) of the RULE.
16, This PROJECT AGREEMENT shall become effective upon execution by both
parties and the GRANTEE shall complete construction of all PROJECT
ELEMENTS on or before April 30. 2011 (hereinafter referred to as the
PROJECT completion date). Within 30 days from this date, all payment
requests and completion documentation will be due to the DEPARTMENT.
17. Project completion means the PROJECT is open and available for use by the
public. PROJECT must be designated complete prior to release of final
reimbursement. See Rule 62D - 5.054(41). Ten (10) percent of the total grant
amount will be held until Completion Documents have been received and
approved by the Department
18. The GRANTEE shall maintain books, records and documents directly pertinent
to performance under this PROJECT AGREEMENT in accordance with generally
accepted accounting principles consistently applied, including the PROCEDURE.
The DEPARTMENT, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this PROJECT
AGREEMENT and for five years following PROJECT AGREEMENT completion
or resolution of any dispute arising under this PROJECT AGREEMENT. In the
event any work is subcontracted, the GRANTEE shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
19. A. In addition to the requirements of the preceding paragraph, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1
Special Audit Requirements, attached hereto and made a part hereof.
Exhibit 1 to Attachment 1summarizes the funding sources supporting the
PROJECT AGREEMENT for purposes of assisting the GRANTEE in
complying with the requirements of Attachment 1 A revised copy of
Exhibit 1 must be provided to the GRANTEE for each amendment which
authorizes a funding increase or decrease. If the GRANTEE fails to
receive a revised copy of Exhibit 1, the GRANTEE shall notify the
DEPARTMENT'S Grant Manager to request a copy of the updated
information.
DEP Agreement No. A9093, Page 4 of 10
DEP 55 -231 (06108)
B. The GRANTEE is hereby advised that the Federal and /or Florida Single
Audit Act Requirements may further apply to lower tier transactions that
may be a result of this PROJECT AGREEMENT. The GRANTEE shall
consider the type of financial assistance (federal and /or state) identified in
Attachment 1, Exhibit i when making its determination. For federal
financial assistance, the GRANTEE shall utilize the guidance provided
under OMB Circular A -133, Subpart B, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For
state financial assistance, the GRANTEE shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor
Determination" (form number DFS- A2 -NS) that can be found under the
"Links /Forms" section appearing at the following website:
https:/Iapr)s.fldfs.com/fs aa
The GRANTEE should confer with its chief financial officer, audit director
or contact the DEPARTMENT for assistance with questions pertaining to
the applicability of these requirements.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT.
21. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department agrees to carry adequate liability and other
appropriate forms of insurance. The Department shall have no liability except as
specifically provided in this Agreement.
22. To the extent required by law, the GRANTEE will be self - insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self- insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this PROJECT AGREEMENT is
not protected under Workers' Compensation statutes, the GRANTEE shall
provide, and cause each subcontractor to provide, adequate insurance
satisfactory to the DEPARTMENT, for the protection of its employees not
otherwise protected.
DEP Agreement No. A9093, Page 5 of 10
DEP 55 -231 (06 /08)
23. The GRANTEE covenants that it presently has no interest and shall not acquire
any interest which would conflict in any manner or degree with the performance
of services required.
24. The purchase of non - expendable equipment is not authorized under the terms of
this PROJECT AGREEMENT.
25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT'S Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE'S Grant Manager, identified in paragraph 26, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
Project Status Reports, every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
26. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by certified mail to the parties at the following
addresses:
GRANTEE'S Grant Manager DEPARTMENT'S Grant Manager
Mr. Ceasar Garcia Mary Ann Lee
Director Florida Department of Environmental
6130 Sunset Drive Protection
South Miami, FL 33143 3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399 -3000
27. The GRANTEE must erect a permanent information sign on the PROJECT site
which credits PROJECT funding or a portion thereof, to the Florida Department
of Environmental Protection and the Florida Recreation Development Assistance
Program. The sign must be made of appropriate materials, which will be durable
for a minimum of twenty -five (25) years after the PROJECT is complete. The
sign must be installed on the PROJECT site and approved by the
DEPARTMENT before the final reimbursement request is processed.
28. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
29. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
DEP Agreement No. A9093, Page 6 of 10
DEP 55-231 (06/08)
in conjunction with this PROJECT AGREEMENT unless the records are exempt
from Section 24(a) of Article I of the State Constitution and Section 119.07,
Florida Statutes.
30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any
time in the event of the failure of the GRANTEE to fulfill any of its
obligations under this PROJECT AGREEMENT. Prior to termination, the
DEPARTMENT shall provide thirty (30) calendar days written notice of its
intent to terminate and shall provide the GRANTEE an opportunity to
consult with the DEPARTMENT regarding the reason(s) for termination.
B. The DEPARTMENT may terminate this PROJECT AGREEMENT after
three years if the Governor does not approve certification forward of the
PROJECT funds.
31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a
refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE
for noncompliance with the material terms of this PROJECT AGREEMENT. The
GRANTEE, upon such written notification from the DEPARTMENT, shall refund,
and shall forthwith pay to the DEPARTMENT, the amount of money demanded
by .the DEPARTMENT. Interest on any refund shall begin the date that the
GRANTEE was informed that a refund was required and continues to accrue
until the date the refund and interest are paid to the DEPARTMENT.
32. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
33, The GRANTEE may subcontract work under this PROJECT AGREEMENT
without the prior written consent of the DEPARTMENT'S Grant Manager. The
GRANTEE agrees to be responsible for the fulfillment of all work elements
included in any subcontract. It is understood and agreed by the GRANTEE that
the DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
34. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 62D- 5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE,
such as by lease, shall be dedicated as an outdoor recreation area for the use
and benefit of the public for a minimum period of twenty -five (25) years from the
DEP Agreement No. A9093, Page 7 of 10
DEP 55 -231 (06106)
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
35. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in termination of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing under Paragraph 26 of the particular violations stating a reasonable time
to comply. Failure to comply within the time period stated in the written notice
shall result in termination of the PROJECT AGREEMENT and shall result in the
imposition of the terms in Paragraph 31.
36. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
37. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE
a notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
31.
38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
39. A. No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list which may be
found at
DEP Agreement No. A9093, Page 8 of 10
DEP 55 -231 (06/08)
http: / /dms myflorida com /business operations /state purchasing /vendor i
nformation /convicted suspended discriminatory complaints vendor lists
/discriminatory vendor list. Questions regarding the discriminatory
vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at (850) 487 -0915.
40. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall. be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
DEP Agreement No. A9093, Page 9 of 10
DEP 55 -231 (06/08)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By: %�'
Division Director (or Designee)
Division of Recreation and Parks
/' �' /m
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399 -3000
DEP Want Paynager
Approved as to Form and Legality:
This form has been pre- approved as tc
form and legality by Suzanne Brantley,
Assistant General Counsel, on
June 12, 2008 for use for one year.
CITY OF SOUTH MIAMI
By:
Printed Name: W Aj;bota
Title: crr-11C MAt�tFCt iZ
a713o �og
Date T
Address:
6130 Sunset Drive
South Miami, FL 33143
_jr� er e Attorney
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment 1 Special Audit Requirements (5 Pages)
DEP Agreement No. A9093, Page 10 of 10
DEP 55 -231 (06108)
ATTACHMENT
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department ", 'DEP" 7DEP" or "Grantor" or other name to the contract/agreement) to the recipient
(which may be referred to as the "Contractor" Grantee" or other name in the contract/agreement) may be subject
to audits and /or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non -profit organization as defined in OMB
Circular A -133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133,
as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental
Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall
consider all sources of Federal awards, including Federal resources received from the Department of Environmental
Protection. The detennination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
3. I£ the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. ht the event that the recipient
expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal
resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal
entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/efdo/cfda.html.
DEP 55 -215 (02/07)
DEP Agreement No. A9093, Attachment 1, Page 1 of 6
PART 11: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such
fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules
of the Auditor General. EXIiiBIT 1 to this Agreement indicates state financial assistance awarded through the
Department of Environmental Protection by this Agreement. In determining the state financial assistance expended
in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial
assistance received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass - through awards and resources received by
a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part 11, paragraph l; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a financial reporting package as defined by Section 21597(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
3. in state financial assistance in its fiscal year, an audit conducted
If the recipient expends less than $500,000
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at h9ps:Havps.fldfs;.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at htt : / /Www.lea.state.fl.us /Welcome /index cfm, State of Florida's website at
http• / /www.mvflorida.eom /, Department of Financial Services' Website at httn• / /wwcv.fidfs.corn/ and the
Auditor General's Website at http' / /www state.fl us /audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost ofsuch additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A -133, as revised, by or on behalf of the recipient directly to each of the following:
DFP 55-215 (02/07)
DEP Agreement Fla. A9093, Attachment 1, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (fl,
OMB Circular A -133, as revised.
2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a
copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and
any management letters issued by the auditor, to the Department of Environmental Protection at the
following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I l I West Madison Street .
Tallahassee, Florida 32399 -1450
DEP 55-215 (02/07)
DEP Agreement No. A9093, Attachment 1, Page 3 of 6
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting
package was delivered to the recipient in correspondence accompanying the reporting package. .
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55.215 (02/07)
DEP Agreement No. A9093, Attachment 1, Page 4 of 6
mNm
1�
W
<
U
u ^yam p
U
m
y o m
Q � �
L ^
y @ •R.
N U
O H
p
c3 W
N
o�•o,
� � U
.0
G _
TS Q .L
AUK
U
V y
C
L � y
Cp W b
°p; o
aroU
� � y
_ o
•30�
U � y
iC O R
�w v
p
Ll L
� tei N
O A W
N
y'a s7
.d
U
.q
� ` 3
d M O
v-
N
Opp a m
G. G
ti
LO
O
N
m
m
M
Y
C
d
.c
V
9
'Q
M
W
0
d
0
2
Gc
bG
v d
N
�a
qc
0
,r,
N •N O
U
�
O
O
a. {�
6
8
a
O
v:
L
Q
P.
o
Q
b
y
w
O
G
Q
�
O
�
co
O
v
.U.
L
d
�
Q
Q
o
w
U
w
U
A
v
q
L
r
Q
y
°
O
r
w
Q
_
Q m
M1M1
q �
F
r1•
U �
G
b0
F O
w
G
Cv
U
�y U
d.
.Ki
y
w Q
d
i
d
N
«
Q
d
�
L
�
3
m
w
Q
QG
w
m
W
U
y
L
P�
a
0
•vw�Z
w
�
W
<
U
u ^yam p
U
m
y o m
Q � �
L ^
y @ •R.
N U
O H
p
c3 W
N
o�•o,
� � U
.0
G _
TS Q .L
AUK
U
V y
C
L � y
Cp W b
°p; o
aroU
� � y
_ o
•30�
U � y
iC O R
�w v
p
Ll L
� tei N
O A W
N
y'a s7
.d
U
.q
� ` 3
d M O
v-
N
Opp a m
G. G
ti
LO
O
N
m
m
M
Y
C
d
.c
V
9
'Q
M
W
0
d
0
2
Gc
bG
v d
N
�a
qc
0
O
u 4 O
O
8
Q
v:
L
P.
o
Q
b
y
�
G
O
w
Q
�
L
�
co
O
v
L
v�
Ci
w
x
G
u
V1
q
r
O
0
°
O
{�
Q
d
(.L
U
q �
6
(�Qi.�
G
b0
F O
0
a
Cv
U
�y U
v
y
•�,
y
w Q
i
0
C
s
$
QG
w
m
W
U
0
L
P�
a
0
C
v
a
�
W
v
�
i
Q
�1
•O
w
d
4"
�
d
�
R
d
b
as
°
a
&
o
yw
It
y
�-1
<
U
u ^yam p
U
m
y o m
Q � �
L ^
y @ •R.
N U
O H
p
c3 W
N
o�•o,
� � U
.0
G _
TS Q .L
AUK
U
V y
C
L � y
Cp W b
°p; o
aroU
� � y
_ o
•30�
U � y
iC O R
�w v
p
Ll L
� tei N
O A W
N
y'a s7
.d
U
.q
� ` 3
d M O
v-
N
Opp a m
G. G
ti
LO
O
N
m
m
M
Y
C
d
.c
V
9
'Q
M
W
0
d
0
2
Gc
bG
v d
N
�a
qc
0
O
Y •�
O
d
v:
�
�
O
N
Q
�
O
�
co
O
rn
w
0
U
;a
V1
q
O
0
°
O
•Sq'
�
q �
(�Qi.�
b0
F O
N
Cv
U
�y U
y
•�,
y
w Q
0
L
Q
.'q-•
a
0
W
�1
d
d
�
V
�
d
b
as
y
�-1
U
L
az
�
<
U
u ^yam p
U
m
y o m
Q � �
L ^
y @ •R.
N U
O H
p
c3 W
N
o�•o,
� � U
.0
G _
TS Q .L
AUK
U
V y
C
L � y
Cp W b
°p; o
aroU
� � y
_ o
•30�
U � y
iC O R
�w v
p
Ll L
� tei N
O A W
N
y'a s7
.d
U
.q
� ` 3
d M O
v-
N
Opp a m
G. G
ti
LO
O
N
m
m
M
Y
C
d
.c
V
9
'Q
M
W
0
d
0
2
Gc
bG
v d
N
�a
qc
Revised Buffet for the 2008 -09 FRDAP Application
Forms maybe found at our website www.dep.state. .us/parks /oirs
Response DEADLINE TUNE 6, 2008
FAX to our office @ 8501245 -3038 or
e -mail to the assigned Community Assistant Consultant
Grantee Name: City of South Miami
Project Name: Dante Faseell Park Improvements
Project Application #: A09093
Financial Information
GRANT MATCH RATIOS:
Project Cost State Share Grantee Share
$50,000 or less 100% 0%
$50,001 to $150,000 75% 25%
$150,001 up to $400,000 50% 50%
Project Cost = State Share + Grantee Share
A. FRDAP Funds Requested (State Share) $ 50 854.00
B. Local Funds Available: (Grantee Share)
a. Cash: Line B
b. In -Kind: Line C $ 16,951.00
c. Land Value: Line D
If property is developed, land value CANNOT be used as a match.
Total Local Match
C. Total Cost of Proposed Project
Line E $ 16,951.00
Sum of lines B, C and D
Line F $ 67 805.00
Sum of Lines A and E
Primary costs include all recreation facilities and opportunities. Including, but not
limited to, beach access, picnic facilities, fishing piers, ball fields, tennis courts, traits, trailheads,
etc. No enclosed structures are eligible costs. Costs of planning and site preparation should be
included within the cost of each element. If this is a trail project, list the uses or types of trails.
years. All elements which are the same must be completed, or phased proiects before
element extensions can be applied for (Examples: Trail extensions and pier extensions,
etc).
Primary cost must be equal to or greater than f n percent of the total cost.
Quantity
Description
Estimated Cost
1
Basketball Pole
$4,000.00
N
1
Exercise Trail/ Vita Course
$10,000.00 .
E
W
R
E
1
Volleyball
$5,000.00
N
1
Tennis Court Re- striping
$5,000.00
O
V
A
T
I
O
N
S
Total Primary
$27,000.00
SUPPORT FACILITIES AND IMPROVEMENTS: No enclosed structures are eligible
except restrooms, bathhouses or restroom /concession stands. Other support examples are:
parking, landscaping, and security lighting. Amenities such as benches, or bike racks will receive
no points when being scored. FRDAP funded elements are not eligible for renovation if
funded within the past 5 /ears. All elements which are the same must be completed for
phased projects before element extensions can be applied for (Examples: Extension of
parking lots and restrooms, etc).
1 .
TOTAL COST OF PROPOSED PROJECT $ 6 8805 00
Quantity
Description
Estimated Cost
N
E
W
R
2
ADA Bathrooms (1 male & 1 female with ramps, larger door
$23,854.00
E
openings and stall modifications)
N
O
V
A
T
I
O
N
S
Total Support
$23,854.00
TOTAL COST OF PROPOSED PROJECT $ 6 8805 00
Op_
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM (FRDA , WHICH IS ADMINISTERED BY THE FLORIDA DEPARTMENT OF
ENVIRONM PROTECTION (FDEP) FOR DANTE FASCELL PARK IMPROVEMENTS
IN THE AMOUNT OF $50,854.00; AND PROVIDING FOR FECTIVE ME.
WHEREAS, the City of South Miami has applied for grant funding through the Florida Recreation
Development Assistant Program for Park Improvements for Dante Fascell Park;
WHEREAS, the Florida Legislature has funded the 2008 -2009 FRDAP priority list and the City
has been approved for a grant in the amount of $50,854.00;
WHEREAS, the Mayor and City Commission wish to accept the grant from Florida Department of
Environmental Protection; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to execute the grant
agreement with Florida Department of Environmental Protection in the amount of $50,854.00 with a total
of $16,951.00 to be used as in -kind matching funds.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this ,qq' day of 2008.
A EST:
j
am!
CITY CLER J
READ AND APPROVED AS TO FORM:
ORNEY wr
Include File
v(14-0000-33?-6602-
°✓f I �R 2�0- ��2 -tom 3�2
2&AY
poi - Dow- 131- -264
APPROVED:
/aD"
MAYOR
COMMISSION VOTE: 5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
0