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Res. No. 146-97-10116RESOLUTION NO.146-97-10116 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO RENOVATION OF FUCHS PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)PROVIDING FUNDS TOWARD THE RENOVATION AND IMPROVEMENTS PROPOSED FOR FUCHS PARK. WHEREAS,the Mayor and City Commission approved the application for funding submitted to the State of Florida Department of Environmental Protection,Florida Recreation Development Assistance Program for the renovation and improvement of Fuchs Park;and WHEREAS,the proposal was approved for funding by the Department and a contract is to be executed to obtain the allocated funds; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1 That the City Manager is authorized to execute a contract with the State of Florida Department of Environ mental Protection,Florida Recreation Development Assistance Program for renovation and improvement of Fuchs Park; This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 29th day of July,1997. ATTEST: COMMIS&tfffi V0T^YOR 5-0 Mayor Price:Yea Vice Mayor Robaina:Yea READ AND APPROVED AS TO FORM:ComnK Oliveros:Yea Comm.Bethel:Yea ,s s-,i Comm.Young:Yea_j/JL <^M*jz. CITY ATTORNEY CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and Commission Date:July25,1997 From: CityManager ^^O^^f Subject:Agenda Item # Commission Meeting July29,1997 Fuchs Park Renovation i The attached resolution authorizes theCity Manager toexecutea contract for the renovation and improvement of Fuchs Park.The Florida Recreation Development Assistance Program (FRDAP)has awarded theCity$100,000.00 toward this activity. Underthe contract theCityis required toprovideaminimum of $33,334.00asmatch toward thisactivity. Lawton Chiles Governor TO: FROM: Department of Environmental Protection Project Sponsors Mary Ann Lee Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Marjory Stoneman DouglasBuilding 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 July 16,1997 MEMORANDUM •nfv^ VirginiaB.Wetherell Secretary SUBJECT:Florida Recreation Development Assistance Program -Project Agreement Thankyouforyour letter accepting the Florida Recreation Development Assistance grant.The agreement hasbeen prepared in accordance with your acceptance letter.Itis importantthatyoureviewtheagreementtoensurethatinformationspecifictoyourprojectis accurate. Please execute and return bothoriginalcopies of the agreement.In signing the agreement,do not complete the blank spacefor the date.Our staff willdatetheagreement whenformallyexecutedbytheDepartmentandoneoriginalcopywillbereturnedtoyou. Thankyouforyour attention tothismatter.If youhaveany questions,pleasecontactus at (904)488-7896 or Suncom 278-7896. MAL/tb Enclosures "Protect,Conserve and Manage Florida's Environment and Natural Resources" Printedonrecycledpaper. F8078 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement -Development ThisAgreementismadeandenteredintothis dayof ,19 ,by and between the State ofFlorida,DEPARTMENT of Environmental Protection,hereinafter called the DEPARTMENT,andtheCityof South Miami,hereinafter called theGRANTEE,in furtherance ofan approved public outdoor recreation project.In consideration of the mutual covenants contained herein and pursuant to Sections 370.023,375.021 and 375.075, Florida Statutes,and Chapter 62D-5,Part V,Florida Administrative Code, the parties hereto agree as follows: 1.This Agreement shall be performed in accordance with Sections 370.023,375.021 and 375.075,Florida Statutes,and Chapter 62D-5,Part V, Florida Administrative Code,hereinafter called the RULE.The GRANTEE shall comply with all provisions oftheRULE,which is incorporated intothis Agreement by reference,asif fully set forth herein.Failure to comply with provisions oftheRULE may resultin cancellation ofthe Agreement by the DEPARTMENT.Disputes concerning the interpretation or application of this Agreement shall be resolved by the DEPARTMENT whose decision shallbe finaland binding ontheGRANTEE.The DEPARTMENT may cancelthisAgreement forfailurebythe GRANTEE to perform pursuant tothetermsandconditions Page 1 of 13 of this Agreement.Itis the intent of the DEPARTMENT and the GRANTEE that none of the provisions of Section 163.01,Florida Statutes,shall have application to this Agreement. 2.The DEPARTMENT has found that public outdoor recreation is the primarypurpose ofthe project known as Fuchs Park Renovations (Florida Recreation Development Assistance Program,FRDAP Project Number F98078), hereinafter called the PROJECT,and enters into this Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvements onreal property,thelegal description of which issetforth inthePROJECTapplication.ThePROJECT application is incorporated into this Agreement by reference asif fully set forth herein. 3.The GRANTEE will construct,or cause to be constructed, certainpublic outdoor recreation facilitiesand improvements consistingof thefollowingPROJECTelementswhichmaybe modified for good causebythe DEPARTMENT:picnicking,playground,fishing/boardwalk,nature study shelter,restrooms,parking,landscaping,lighting and related support facilities. 4.The DEPARTMENT shall pay,on a reimbursement basis, to the GRANTEE,funds not to exceed $100,000.00,which will pay the DEPARTMENT'S share of the cost of the PROJECT.DEPARTMENT fund limits are based upon the following: Page 2 of 13 DEPARTMENT Amount 5 100,000.00 75% GRANTEE Match $33,334.00 25% Type of Match Cash and/or In-Kind Services ThePROJECTreimbursement request shallincludealldocumentation required bythe DEPARTMENT fora proper pre-audit and post-audit review.The DEPARTMENT'SContractManager shall,withinsixty (60)daysafterreceiptof apayment request,reviewtheworkaccomplishedtodateunderthis Agreement and,iftheworkand payment request arein accordance with all applicable requirements,approvetherequestforpayment.TheDEPARTMENTshallretain 10%oftheentire DEPARTMENT amountuntil completion ofthePROJECTandall PROJECT completion documentation,as described in the Florida Recreation DevelopmentAssistanceProgramCompletion Documentation,DEPForm 42-006,is submitted tothe DEPARTMENT bytheGRANTEE. 5.Prior to commencement of PROJECT construction,the GRANTEE shall submit for DEPARTMENT approval the documentation described inthe Florida Recreation Development Assistance Program Development Project Commencement Documentation Form,DEP Form 42-005. 6.The GRANTEE shall comply with the Division of Recreation and Parks'Grant and Contract Accountability Procedure,hereinafter called the PROCEDURE,and incorporated into this Agreement by reference as if fully set forth herein.The GRANTEE shall ensure that all purchases of goods and services for accomplishment ofthe PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures.Expenses representing Page 3 of 13 the PROJECT costs,including required matching contribution,shallbe reportedtotheDEPARTMENTandsummarizedon certification formsprovidedin thePROCEDURE.ThePROCEDUREestablishes uniform guidelines tobeutilized bythe DEPARTMENT and the GRANTEE in accounting for PROJECT funds disbursed underthePROJECTandsetsforthprinciplesfordeterminingeligible costs, supporting documentation and minimum reporting requirements. 7.The GRANTEE shall retain all records supporting PROJECTcosts for three (3)years after the fiscal yearin which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting fromany litigation,claimorauditthatstartedpriortothe expiration ofthe three-year retentionperiod.TheDEPARTMENT,State AuditorGeneral,StateComptrollerandotheragenciesorentitieswith jurisdictionshallhavetherighttoinspectandaudittheGRANTEE'Srecords forsaid PROJECT within the retention period. 8.PROJECT funds may be reimbursed for eligible costs incurred by GRANTEE prior to execution ofthis Agreement ifthe GRANTEE hasbeen granted a written Waiver of Retroactivity by the DEPARTMENT andall applicable requirements have been satisfied.The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT fundsbytheDEPARTMENTforanyobligationorexpendituremadepriortothe execution ofthis Agreement withthe exception of$-0-,for:None 9.This Agreement shallbecome effective upon execution andthe GRANTEE shall complete construction of all PROJECT elements onor before Page 4 of 13 The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and must be made prior to PROJECT completion date. 10.The DEPARTMENT'S Contract Manager for the purpose ofthis Agreement shall be responsible for ensuring performance ofits terms and conditionsandshallapproveallreimbursementrequestspriorto payment. The GRANTEE'S Liaison Agent,as identified inthe PROJECT application,or successor,shall act on behalf ofthe GRANTEE relative to the provisions of this Agreement.The GRANTEE'S Liaison Agent,shall submit tothe DEPARTMENT signed PROJECT status reports every ninety (90)days summarizing thework accomplished,problems encountered,percentage of completion and other appropriate information.Photographs shallbe submitted when appropriate to reflect the construction work accomplished. 11.All monies expended bythe GRANTEE forthe purpose contained hereinshallbesubjecttopre-auditreviewandapprovalbytheComptroller of Florida in accordance with Section 17.03,Florida Statutes. 12.Each party hereto agrees that it shall be solely responsible forthe wrongful actsofitsemployees,contractors,and agents.However, nothingcontained herein shallconstituteawaiverbyeitherpartyofits sovereign immunity and the limitations set forth in Section 768.28,Florida Statutes. 13.The GRANTEE shall comply with all federal,state and local rulesand regulations indevelopingthisPROJECT.The GRANTEE acknowledges Page 5 of 13 thatthis requirement includes compliance with all federal,state and local health and safety rulesandregulations.The GRANTEE further agreesto ensure thatthe GRANTEE'S contract will include this provision inall subcontracts issued asa result ofthis Agreement. 14.The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto at any reasonable time. 15.This Agreement may be unilaterally canceled by theDEPARTMENT intheeventthe GRANTEE refusesto allow public access toalldocuments, papers,letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119,Florida Statutes. 16.Following receipt ofanauditreport identifying any reimbursement duethe DEPARTMENT for non-compliance by the GRANTEE with thisAgreement,theGRANTEEwillbealloweda maximum of sixty (60)daysto submit additional pertinent documentation to offset the amount identified as beingduetheDEPARTMENT.TheDEPARTMENT,following a review ofthe documentationsubmittedbythe GRANTEE,willinformtheGRANTEEofany reimbursement due the DEPARTMENT. 17.The DEPARTMENT shall also have the right to demand arefund, either in whole orpart,ofthe FRDAP funds provided tothe GRANTEE for non-compliance with thetermsofthis Agreement.TheGRANTEE, upon notification from theDEPARTMENT,agreestorefund,and will forthwith pay tothe DEPARTMENT,the amount of money demanded by the DEPARTMENT.Such refund shall include interest calculated attwo (2)percent over the Page 6 of 13 prevailing prime rateas reported bythe Federal Reserve onthedatethe DEPARTMENT calculates the amount of refund due.Interest shall be calculatedfromthe date(s)ofpayment (s)totheGRANTEEbythe DEPARTMENT. 18.The State of Florida's performance and obligation topayunderthis Agreement is contingent uponanannual appropriation by the Florida Legislature. 19.Reimbursement ofeligibletravelexpensesshallbesubjectto the requirements of Section 112.061,Florida Statutes. 20.Allowable indirect costs shall not exceed 15%of the GRANTEE'S eligible wages and salaries.Indirect costs that exceed 15%must be approved in advance by the DEPARTMENT tobe considered eligible PROJECT expenses. 21.If asphalt paving is required for the PROJECT it shall conform tothe Florida DEPARTMENT of Transportation's specifications for road and bridge construction.Bid specifications,contracts and/or purchase orders ofthe GRANTEE must specify thickness of asphalt and square yards tobe paved. 22.Prior to final reimbursement,the GRANTEE must erect a permanent information sign onthe PROJECT site which credits PROJECT funding or a portion thereof,from the Florida DEPARTMENT of Environmental Protection and the Florida Recreation Development Assistance Program. 23.Land owned by the GRANTEE,which is developed or acquired with FRDAP funds,shall be dedicated in perpetuity by the GRANTEE asan Page 7 of 13 outdoor recreation sitefortheuseandbenefitofthepublic.The dedication mustberecordedinthepublicpropertyrecordsbythe GRANTEE. The GRANTEE shall ensure that the PROJECT,if on GRANTEE-owned land and purchased or developed with FRDAPfunds,shallbe managed for outdoor recreation purposesforaminimumperiodoftwenty-five (25)yearsfrom the completion dateset forth inthe PROJECT completion certificate.Land owned byanentityotherthantheGRANTEEwhichGRANTEEcontrolsby lease,permit, license,easement,management agreement or other valid interest and developed with FRDAP funds,shallbe managed asan public outdoor recreation areafora minimum period oftwenty-five (25)yearsfromthecompletiondate setforthinthePROJECTcompletioncertificate.SuchPROJECTshallbeopen at reasonable times and shall be managed ina safe and attractive manner appropriate for public use.Should GRANTEE convert allorpartofthe PROJECTsitetoauseorusesotherthan DEPARTMENT approved public recreational uses,the GRANTEE shall replace the area,facilities,resource andsiteatitsownexpensewithaprojectof comparable scopeandquality acceptable tothe DEPARTMENT.Inlieuof accepting a replacement facility, resource orsite,the DEPARTMENT may require return ofall FRDAP funds with applicable interest. 24.The employment of unauthorized aliens by any GRANTEE is considereda violation ofSection274A(e)ofthe Immigration and Nationality Act.If the GRANTEE knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The GRANTEE Page 8 of 13 shallbe responsible for including this provision inall subcontracts with private organizations issued asaresultofthisAgreement. 25.No person on the grounds of race,creed,color,national origin,age,sex,marital statusor ability level,shallbe excluded from participation in;be denied the proceeds or benefits of;orbe otherwise subjected to discrimination in performance of thisAgreement. 26.This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature,the judicial branch,or a state agency. 27.Any local governmental entity,nonprofit organization,or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a)If the amounts received exceed $100,000,have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45,Florida Statutes;or (b)If the amounts received exceed $25,000,but do not exceed $100,000,have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45,Florida Statutes,or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement;or Page 9 of 13 (c)Ifthe amounts received donot exceed $25,000,havethe head of the entityor organization attest,under penalties of perjury,that the entity or organization has complied with the provisions of this Agreement. 28.Pursuant to Section 215.422,Florida Statutes,the DEPARTMENT'SProject Manager shallhavefive (5)working days,unless otherwise specified herein,to inspect andapprovetheservicesfor payment. The DEPARTMENT must submit a request for payment tothe Florida DEPARTMENT of Banking and Finance within twenty (20)days;and the DEPARTMENT of BankingandFinanceis given fifteen (15)daystoissueawarrant.Daysare calculated from the latter date the invoice is received or services received,inspected,and approved.Invoice payment requirements donot start until a proper and correct invoice has been received.Invoices which have tobe returned to the GRANTEE for correction(s)will result ina delay inthe payment.A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted ifa contractor is experiencing problems in obtaining timely payment(s)from a State of Florida agency.The Vendor Ombudsman may be contacted at 850/488-2924 or1-800-848- 3792. 29.In accordance with Section 215.422,Florida Statutes,the DEPARTMENT shall pay the GRANTEE,interest ata rate as established by Section 55.03(1),Florida Statutes,on the unpaid balance,ifa warrant in payment of an invoice is not issued within 40 days after receipt ofa correct invoice and receipt,inspection,and approval of the goods and Page 10 of 13 services.Interest payments ofless than $1willnotbe enforced unless the GRANTEErequestspayment.TheinterestrateestablishedpursuanttoSection 55.03(1),Florida Statutes,by Comptroller's Memorandum No.3 (1996-97) dated December 3,1996,has been set at 10.0%per annum or .02740%per day. Therevisedinterestrateforeachcalendaryearbeyond1997forwhichthe termofthisAgreementisineffectcanbeobtainedbycallingthe DEPARTMENTofBankingand Finance,Vendor Ombudsman atthetelephonenumber provided above orthe DEPARTMENT'S Contracts Section at 850/922-5942. 30.A person or affiliate who has been placed on the convicted vendorlist following a conviction forpublic entity crime may notperform work asa grantee,contractor,supplier,subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity in excess ofthe threshold amount provided in Section 287.017, Florida Statutes,or Category Two,for a period of36 months from thedate of being placed on the convicted vendor list. 31.In addition,a copy ofthe audit or attestation as required in paragraph 27,shall be submitted tothe DEPARTMENT within one (1)year from the PROJECT completion date as set forth in the PROJECT completion certificate. 32.This Agreement is not intended nor shall it be construed as granting any rights,privileges or interest in any third party without mutual written agreement of the parties hereto. Page 11 of 13 33.Itis understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve.Should a shortfall be declared,this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 34.This Agreement represents the entire agreement oftheparties. Any alterations,variations,changes,modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing,duly executed by each of the parties hereto,and attached tothe original of this Agreement. Page 12 of 13 IN WITNESS WHEREOF,the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director or Designee Division of Recreation and Parks Address: Bureau of Design and Recreation Services 613 0 Sunset Drive Division of Recreation and Parks South Miami,Florida 33143 3900 Commonwealth Boulevard Mail Station 585 Tallahassee,Florida 32399-3000 "YVIquu^y«L~- DEP cJntra&tVManager Approved as to Form and Legality: This form has been pre-approved asto form and legality by Gary L.Heiser, Assistant General Counsel,on May 14,1997,for use for one year. DEP 42-058 Revised 06-11-96 CITY OF SOUTH MIAMI Title:ft/}l/v\ftNt\*<i'^rw Address: Grantee Attorney Page 13 of 13