HomeMy Public PortalAbout10-8038 SNP Bond Program for Sherbondy Park Sponsored by: City Manager
RESOLUTION NO. 10-8038
AN RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA AUTHORIZING THE CITY
MANAGER TO ACCEPT THE SAFE NEIGHBORHOOD
PARK(SNP)BOND PROGRAM GRANT IN THE AMOUNT
OF TWO HUNDRED AND NINETY-THREE THOUSAND
FOUR HUNDRED DOLLARS ($293,400.00) FOR
SHERBONDY PARK RENOVATIONS PHASE II;.
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, a grant of $293,400.00 is available from the Safe Neighborhood Park Bond
Program (SNP) for the City of Opa-locka; and
WHEREAS, the City Commission of the City Opa-locka will use the funds in the re-
development and/or improvement of Sherbondy Park; and
WHEREAS,the City of Opa-locka has approved matching funds of$293,400.00; and
WHEREAS,the City Commission of the City of Opa-locka desires the City Manager to accept
the Safe Neighborhood Park Bond Program (SNP) grant in the amount of$293,400.00.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the Preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to
accept the Safe Neighborhood Park Bond Program (SNP) grant in the amount of Two Hundred and
Ninety-Three Thousand Four Hundred Dollars ($293,400.00) for use in Sherbondy Park Phase II
Renovations; and has approved matching funds in the amount of$293,400.00 to be paid from Account
#44-541802.
RESOLUTION No.10-8038
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 24`h day of March, 2010.
JOSEPH L. ELL.
MAYOR
Attest to:,, Approved as to form and legal suf 1ciency:
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EBORAH ...IRBY JOSEPH :. GELLER, ESQUIRE
CITY CLERK INTER CITY ATTORNEY
MARCH 24, 2010
DATE
Moved by: TAYLOR
Second by: HOLMES
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: OUT OF ROOM
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
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Memorandum
TO: Mayor Joseph Kelley
Vice-Mayor Myra L. Taylor
Commissioner Dorothy Johnson
Commissioner Timothy Holmes
•mmissioner Rose Tydus
FROM: " a . ce 'at s , i ger
DATE: March 12,2010
RE: Authorization to Accept the Safe Neighborhood Parks funds for the Sherbondy
Park Renovations Phase II
Request: STAFF IS REQUESTING THAT THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA AUTHORIZE THE ACCEPTANCE OF THE SAFE
NEIGHBORHOOD PARK (SNP) BOND PROGRAM IN THE AMOUNT OF
TWO HUNDRED AND NINETY-THREE THOUSAND FOUR HUNDRED
DOLLARS ($293,400.00).
Description: Funds will be used in the re-development or improvement of Sherbondy Park.
Financial Impact: The City approved matching fund of$293,400.00
Budgeted in Account#44-541802
Implementation Timeline: Immediately
Legislative History: Resolution#09-7921
Resolution#09-7486
Recommendation(s): Staff recommends approval.
Analysis: This recommendation is based on the Miami-Dade Contract.
Attachments: Copy of Contract; Resolution#09-7921, Resolution#09-7486
PREPARED BY: Charmaine Parchment
receiving a Grant.
"Match" means cash available in an amount equal to that awarded from the Safe
Neighborhood Parks bond program.
"Not-for-Profit Organization" means any legally incorporated not-for-profit organization
created under the laws of the State of Florida (the "State") and designated as a tax exempt
entity by the United States Internal Revenue Service, which has among its purposes the
provision of park and recreation services, gang prevention and intervention, tree-planting, or
the conservation and preservation of lands for park, natural areas, scenic, historic, or open
spaces.
"Ordinance" means the Safe Neighborhood Parks Ordinance No. 96-115.
"Parks" means those areas of public land set aside for aesthetic, educational, recreational,
or cultural use by the citizens of the County and the general public.
"Pre-agreement Expenses" means eligible expenses identified in Section 6(B) of these
rules incurred by a Grantee for accomplishment of a Project prior to full execution of a Grant
Agreement. Effective October 1, 1999 Pre-agreement Expenses are limited to one (1)
year prior to the application date of subsequent bond sales, unless previously
approved by the Committee.
"Project" means work that is the subject of a Grant Application.
"Public Agency or Public Agencies" means an agency or agencies or administrative
division or divisions of the United States government, the State of Florida, the County, or any
municipality within the County.
"Soft Costs" means those costs NOT related to construction material, labor, equipment or
construction sub-contractors. Soft Costs for the purpose of this Program are classified by the
following three areas:
• Project Administration - Grant Administration, Project Management (not related to
construction supervision), Indirect costs(accounting/purchasing/personnel, etc.), Imposed
fees (e.g. PSA selection/B&Z processing fees)
• Planning Services- Master Plan development and approval, Feasibility Studies
• Design Services - Schematic design, Design development, Construction documents,
Bidding or Negotiation, As Built Drawings
"UMSA" means Unincorporated Municipal Service Area of the County, for which the County
provides municipal services.
SECTION 5. FUNDING CYCLES; GRANT APPLICATION SUBMISSION PERIODS
A Funding Cycle shall be established by the Committee on an annual basis related to the
sale of bonds, provided there are Safe Neighborhood Parks bonds remaining to be sold.
Each Project determined by the Committee and the Board of County Commissioners to be
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eligible may be funded during one or more Funding Cycles.
Each Safe Neighborhood Parks Project is funded through a Grant. Eligible Public Agencies
and Not-for-Profit Organizations must apply for these Grants. Grant Agreements between
the county and approved Applicants implement the Grants.
Grant Applications shall be delivered on or before the last day of the announced Application
Submission Period. The County shall publicize each Application Submission Period and
other pertinent application information at least one (1) month prior to the deadline for
submission of the Grant Application, unless otherwise waived by the Committee. The County
may announce an additional Application Submission Period if funds remain or become
available after the preceding Application Submission period is complete. Each Application
Submission period shall be publicly announced in newspapers of general circulation in the
County.
SECTION 6. GRANT APPLICATION
A) Complete Grant Application. An Applicant must submit a complete Grant Application in
order to receive an Award. A complete Grant Application means one that meets all the
requirements of the Ordinance and these rules and is supported by proper
documentation. Proper documentation includes all documentation reasonably required by
the Committee or the County to enable determination of Project costs and compliance
with the Ordinance. Such documentation shall include:
1) Completed Application Form.
2) Completed Line Item Budget. The line item budget must be submitted with budget
justifications for the Pre-Agreement Soft Cost, Pre-Agreement Construction,
Construction and Fixture, Furniture and Equipment line items. The justification
should provide detailed descriptions of the project elements. Reimbursement for
FF&E is contingent upon prior approval by the MAAR Subcommittee (see
Section 9B-11).
3) Letter(s) of commitment for matching funds equal to the grant request as required by
the application.
4) Projected completion date for the Project.
5) Project location map.
6) For Development Projects, certification of ownership by the Public Agency or evidence
of land tenure sufficient to satisfy the Committee that the project complies with the
terms of the Ordinance.
7) A Public Agency shall submit a resolution, which at a minimum: (i) authorizes the
execution of the Grant Agreement; (ii) commits the Public Agency to complete the
Project; (iii) as applicable, commits the Public Agency to provide operating,
maintenance and programming funds upon completion of the Project, to the extent
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allowed by law; and (iv) provides that the Grant shall not be used in substitution of
other capital project funding.
8) A Not-for-Profit Organization shall submit a board resolution which at a minimum: (i)
authorizes the execution of the Grant Agreement; (ii) commits the organization to
complete the Project; (iii) and as applicable, commits the organization to provide
operating, maintenance and programming funds upon completion of the Project.
9) An Applicant may request funding for a major Project in phases. Each phase shall
constitute a distinct portion of the proposed Project. Each Applicant requesting
funding for a Project in phases shall commit to completing the Project as defined in the
Grant Agreement unless otherwise modified by approval of the Committee in
accordance with these rules and the Ordinance.
B) Pre-agreement Expenses. The incurring of Pre-agreement Expenses creates no
obligation on the County to execute a Grant Agreement or otherwise satisfy those
expenses. However, prior to the effective date of the Grant Agreement, a recipient may
incur eligible Pre-agreement Expenses as defined in Section 4, and then after the
effective date of the Grant Agreement be reimbursed for those costs, provided that:
1) The costs and activities are funded as part of the Grant award and are in compliance
with the requirements of the Ordinance and these rules.
2) The Pre-agreement Expenses for Series 97, 98 and 99 were incurred after July 26,
1996 and before the effective date of the contract.
3) The Pre-agreement Expenses for all subsequent Series (after Series 99) were
incurred no earlier than one (1) year prior to the application date, unless previously
approved by the Committee.
SECTION 7. ELIGIBILITY REQUIREMENTS (CHALLENGE GRANTS)
In order to be eligible for award under the construction and/or development of youth
recreation and service facilities the Ordinance requires that the park, recreation and open
space acquisition and development occur in or serve areas which "are identified as
economically and/or socially disadvantaged consistent with Federal guidelines, where at least
51 percent of residents live at or below 80 percent of the County's medium income, and
which possess a documented deficiency in recreation and open space opportunities defined
as the difference between area supply and demand for facilities, programs and services.
SECTION 8. ELIGIBILITY DETERMINATION
Following closure of an Application Submission Period, the Subcommittee will review each
Grant Application for funding eligibility and determine the eligibility or ineligibility of each of its
Grant Applications. The Committee may declare a Grant Application to be:
A. Ineligible. Declaration that a Grant Application is ineligible.
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B. Conditionally Eligible. The Committee may determine that a Project is eligible for
funding upon satisfaction of specified conditions. In the event that conditional approval is
given, Committee staff shall verify that the conditions have been satisfied prior to
disbursement of any bond funds.
C. Eligible. Declaration that a Grant Application is fully eligible.
SECTION 9. GRANT ADMINISTRATION & REIMBURSEMENT POLICY
A) As a condition of award of a Grant the County and the Grantee shall enter into a Grant
Agreement which sets forth the responsibilities and duties of each regarding
administration of the approved Project and approved Grant. The Grant Agreement shall
specify the Project's beginning and end dates and shall incorporate such other terms and
conditions as may be required by particular circumstances.
B) Payment. Grantees are paid allocated Grant funds subject to the following conditions:
1) Cost of Issuance of Bonds. Not more than one percent (1%) of the value of each
Grant award may be earmarked for all costs incidental to the preparation, issuance
and administration of the Safe Neighborhood Parks bonds.
2) Timing. Project costs eligible for reimbursement shall be incurred between the
effective date of, and the Project completion date identified in, the Grant Agreement
with the exception of Pre-agreement Expenses.
3) Soft Cost Limits. Project Planning, Design and Administration, as defined in
Section 4, are eligible Project soft costs provided that bond proceeds utilized to pay
for such costs do not exceed seventeen percent (17%) of the total bond proceeds
allocated to a given Project. Where a major Project is funded in phases, this cost
limit may not necessarily apply to each individual Project phase, but must apply to
the total allocation for the Project.
4) Grantees will use their own procurement procedures, which reflect applicable
Federal, state and local laws and regulations.
5) Grantees are responsible for managing the day-to-day operations of Grant
supported activities. Grantees must monitor Grant supported activities to assure
compliance with the Ordinance, these rules, the Grant Agreement, and all applicable
Federal, State, and local requirements.
6) Payments to the Grantee may be withheld at any time that the Grantee fails to
comply with Grant award conditions. Funds withheld for failure to comply with Grant
award conditions but without suspension of the Grant shall be released to the
Grantee upon subsequent compliance.
7) Completion of the authorized signature form (Exhibit A).
8) In general, payment shall be made on a reimbursement basis. A Grant Recipient
may, upon submission of a Request for Advance Payment form (Exhibit B), receive
an advance payment of up to 25% of the value of the Safe Neighborhood Parks
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bond funds awarded for the subject Project. All advance payments received by a
Grantee shall be maintained in a separate interest bearing account and may
not be co-mingled with other funds. All advances must be fully accounted for
within one (1) year of the date of the approval and before subsequent
reimbursement requests are paid. The grantee will be required to close the
account and submit a check to the County for the interest earned accompanied by
an Interest Earned on Advance Form (Exhibit C). Upon receipt of the check and
supporting documentation all subsequent reimbursement requests can be paid.
Checks must be made payable to Miami-Dade County Board of County
Commissioners and forwarded to the Office of Safe Neighborhood Parks.
9) Grantees must submit reimbursement requests on a quarterly basis,
December 31, March 31, June 30 and September 30. If a Grantee is unable to
submit a reimbursement request by the quarterly deadline, a written justification
indicating the reason for the delay and expected submission date is required to be
submitted by the deadline. Failure to comply with this requirement shall render
the Grantee in non-compliance with the Administrative Rules and may result in
reduction or forfeiture of payment, at the discretion of the MAAR
Subcommittee.
10) Grantees shall complete, sign, and submit to the County Reimbursement Request
forms as necessary (Exhibits D through H). All Contractual Services/Direct Payment
and FF&E reimbursement requests must be accompanied by supporting
documentation (i.e., copies of invoices, receipts and check payments). Grantees
are required to submit requests for reimbursement within six months or two
Quarters following the date in which the expense is incurred, except when pre-
agreement expenses have been approved.
11) Reimbursement requests for FF&E items must be approved by the MAAR
Subcommittee prior to submission of the request. Written requests for FF&E
approval must be accompanied by Exhibit H.
12) Ten percent (10%) of the value of the Safe Neighborhood Parks bond funding for a
given Project shall be retained by the County until the Project is complete, unless
otherwise approved in writing by the MAAR Subcommittee. Upon completion of a
Project a signed project completion certificate (Exhibit I) must be submitted with the
final reimbursement request forms in order for the retainer to be released.
13) The first reimbursement request for any grant requiring a dollar-for-dollar cash match
must be accompanied by documentation of the expenditure of committed match
funds (i.e. copies of invoices, canceled checks, etc.).
14) Each Grantee will ensure that all contractors and consultants perform in accordance
with the terms, conditions and specifications of their contracts or purchase orders.
15) Each Grantee shall maintain an accounting system, which meets generally accepted
accounting principles and shall maintain all required financial records to properly
account for all Safe Neighborhood Parks bond funds and any supplemental funds
used for the Project. The Grantee shall at all times maintain a separate accounting
of all Safe Neighborhood Parks bond funds.
16) The Grantee shall be responsible for completing the Project. If the total cost of the
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Project exceeds the value of the Grant, then the Grantee must provide any
supplemental funds required. 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 Grantee must 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 a Grantee to provide
supplemental funds may be modified, in part or whole, by the Committee, to the
extent that it approves in writing any reduction to the Project scope of work in
accordance with the Ordinance. Approval of any reduction in scope of work is at the
sole discretion of the Committee.
C) Acquisition Projects. Guidelines and requirements for administering Acquisition Project
Grants are as follows:
1) Appraisal Required. Prior to acquisition of a Project site, a Grantee must obtain an
appraisal or appraisals supporting the fair market value of the land to be acquired.
Pursuant to State law, if the property is $500,000 or less in appraised value, one
appraisal is required. If the property exceeds $500,000 in appraised value, two
appraisals are required.
2) Amount Authorized for Payment. The amount of Grant funds authorized for payment
for land acquisition shall in no case exceed the Grant funds available for such
purpose. In the event that the negotiated acquisition price exceeds by ten percent or
greater the appraised value of the land, the disbursement of Grant funds shall be
conditioned upon a written justification for the purchase price and other conditions
attendant to the proposed purchase, which justification is declared satisfactory by
the Committee in writing. Appraisal costs are eligible Grant costs as long as the
appraised property is being realistically and seriously considered for Acquisition,
regardless of the outcome.
3) Environmental Survey. The Grantee may not purchase property with Grant funds
until a Phase I environmental survey is completed, which demonstrates that the
property is suitable for its intended general use and for the specific Project.
4) Signage. For Acquisition only Projects, for six months following Acquisition, the
Grantee shall post a sign, in the general design provided by the County, containing
the Safe Neighborhood Parks logo, identifying the source of Project funding. The
cost of such a sign is eligible for payment from the Grant.
5) Ownership. Title to land acquired with Safe Neighborhood Parks bond funds shall
vest with a Public Agency. Facilities constructed/developed with Safe Neighborhood
Parks bond funds shall vest with a Public Agency.
D) Development Projects. Guidelines and requirements for administering Development
Project Grants are as follows:
1) Licensed Contractors; Contractor Bonds. Duly licensed or registered contractors
shall perform all construction. Construction contracts for work in excess of the
threshold amounts established in Section 255.20 of the Florida Statutes should
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contain payment and performance bonds, which comply with the requirements of
that Section.
2) Cost Elements.
a) Construction Equipment. Grantees are required to use their own equipment, if
available. If a Grantee's equipment is used, the maximum Grant payment shall
cover operating and routine maintenance costs of such equipment; the Grant
excludes any depreciation or replacement cost from payment. If an Applicant's
equipment is used, a report or source document must describe the work
performed, indicate the hours used and be relate the use to the Project. If a
Grantee does not have needed construction equipment available, then the Grantee
may rent such equipment.
b) Construction Supplies and Materials. Supplies and materials may be purchased
for a specific Project or may be drawn from a central stock, providing they are
claimed at a cost no higher than that which the Applicant paid. When supplies
and/or materials are purchased with the intention of constructing a piece of
equipment, structure or part of a structure, the costs that are charged as supplies
and materials may be capitalized according to the Applicant's normal practice or
policy. If capitalized, only the cost reasonably attributable to the Project may be
claimed under the Project.
c) Personnel or Employee Services. Services of the Applicant's employees who
perform work directly related to the accomplishment of the Project are eligible
costs. These costs must be computed according to the Applicant's prevailing wage
or salary scales and may include fringe benefit costs, such as vacations, sick
leave, FICA, MICA, health and life insurance, and workers compensation at the
Applicant's established fringe benefit rate. Costs charged to the Project must be
computed on the basis of actual time spent on the Project, and supported by time
and attendance records describing the work performed on the Project. Overtime
costs may be allowed under the Applicant's established policy, provided that the
regular work time was devoted to the same Project. Salaries and wages claimed
for employees working on grant-funded Projects must not exceed the Applicant's
established rates for similar positions. Alternative methodologies for established
wage rates must be pre-approved by the MAAR Subcommittee.
d) Consultant Services. The costs of consultant services necessary for the Project
are eligible. The Applicant must pay consultants according to the Applicant's
customary or established method and rate. No consultant fee may be paid to the
Applicant's own employees.
3) Cost Activities.
a) Construction activities. The cost of all necessary construction activities, from site
preparation (including demolition, survey, excavation and other site work) to the
completion of a structure is eligible for payment from the Grant.
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b) Fixtures, Furnishings and Equipment(FF&E). The cost of fixtures, furnishings and
equipment necessary to operate the facility is eligible. Consumable goods shall not
be considered eligible. (Please refer to Section 4 for a detailed definition of
FF&E)
c) Interpretive Signs and Aids. The cost of signs, display boards or other interpretive
aids relating to the Project is eligible.
d) Signage. During the time period of Development, the Grantee shall post a sign at
the Project site, in the general design provided by the County, containing the Safe
Neighborhood Parks logo, identifying the source of funding for the Project. The
cost of such a sign is eligible.
e) Grantees are encouraged to use value-engineering clauses in contracts for
construction projects of sufficient size to offer reasonable opportunities for cost
reductions.
4) The following is a nonexclusive list of ineligible costs:
a) Grant Application costs.
b) Ceremonial expenses.
c) Expenses for publicity.
d) Bonus payments of any kind.
e) Charges in excess of the lowest responsive and responsible bid or proposal in
accordance with the governing rules and procedures of the Applicant, when the law
requires the Applicant to utilize competitive selection.
f) Charges for deficits or overdrafts.
g) Charges incurred contrary to the policies and practices of the Applicant.
h) Interest expense.
i) Litigation expenses or judgments, except for those awards resulting from an
eminent domain taking.
j) The cost of services, material or equipment obtained under any other program.
k) Costs of discounts not taken.
I) The cost of purchasing a non-refundable option when acquiring land.
E) Budget Changes.
1) Grantees shall adjust their Project budgets to reflect actual costs and updated cost
estimates and shall submit adjusted Project budgets to the Office of Safe
Neighborhood Parks with the project completion certificate.
2) Budget adjustments may not exceed the 17% limitation for design, planning, and
program administration, nor exceed the total budget award allocation.
3) Grantees shall obtain the prior written approval of the Committee whenever budget
adjustments are anticipated. The request must be in the same budget format the
Grantee used in the Agreement and shall be accompanied by a narrative justification
for the proposed revision. Such request for adjustment shall, if approved, amend the
Grant Agreement under the Grant award. Requests for budget changes shall be
considered by the Committee whenever any of the following adjustments are
required:
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a) For any Project involving both Acquisition and Development activities, any
proposed budget transfers from Acquisition to Development or vice versa.
b) Any proposed reduction or revision of the scope or objectives of the Project
(regardless of whether there is an associated budget adjustment). However, in the
event that a Grantee has completed the approved scope of work for a park
and has unexpended funds, the Grantee may request to OSNP to expend
theses funds in an existing or new budget line item for the park. OSNP is
authorized to approve such budget changes and expenses not to exceed
$9,999.00. (Revised 3/18/02 by MAAR Subcommittee)
c) Any change that would increase planning, design, and program administration in
the aggregate total.
F) Cost Overruns. During the execution of work on a Project, the Grantee may find that
actual Project costs exceed the approved budget. For cost overruns that will require
additional funding for the Project, or otherwise require a budget adjustment for which prior
Committee approval is required pursuant to paragraph E above, the Grantee shall:
1) provide a justification for the additional costs;
2) identify available funds for the completion of the Project;and, if necessary
3) Request from the Committee a reduction in the Project scope consistent with the
terms of the Ordinance.
The Committee, at its discretion, may authorize in writing a reduction in the scope of the
Project: (i) where reduction of the scope is consistent with the Ordinance; and (ii) where the
reduction is justified by the Applicant and (iii) where the Applicant does not have sufficient
funds to complete the Project with the available funds. The Committee, in its discretion, may
also under those circumstances, identify other funds available under the Ordinance for the
Project.
SECTION 10. COMPLIANCE RESPONSIBILITIES
The following constitute general requirements for program compliance:
A) An annual independent audit of SNP funds must be submitted by all Grantees that expend
$500,000 or more in SNP funds in a fiscal year. This audit is due to OSNP by June 1st
following the fiscal year for which the audit is performed.
The audit shall examine for compliance with contract specifications, verification of project
costs and the prevention of corruption and fraud. The cost of this audit may be paid from
the general bond fund.
Additionally, in accordance with SNP Bond Ordinance 96-115, Section 13, the SNP
Citizens' Oversight Committee may, at its sole discretion, require recipients of any grant to
retain the services of an independent private sector inspector general (IPSIG) to audit,
investigate, monitor, oversee, inspect and review the operations, activities and
performance of it contractors. (Revised January 11,2007 by MAAR Subcommittee)
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A) Land and facilities acquired, developed, improved or rehabilitated by Grant funds shall be
dedicated and maintained in perpetuity for recreational use for the benefit of the general
public except where leases are in effect. All projects shall be open to the public at
reasonable times and shall be managed in a safe and attractive manner appropriate for
public use.
B) Grant funds for the purposes of development, improvement, rehabilitation or restoration
shall be expended for these purposes only on lands owned by a Grantee or on lands for
which the Grantee holds a lease or other use agreement. Such lease or other use
agreement must be for an unexpired term of 25 years. The Grant Recipient may
demonstrate the eligibility of the Project to the reasonable satisfaction of the Committee,
through a joint ownership, use, franchise or other agreement, evidencing that the lands
and/or the Project will be utilized for the public benefit, consistent with the terms of this
Ordinance, for a term of at least 25 years in duration. The lease must not be revocable at
will.
C) Grantee shall maintain all financial and programmatic records, supporting documents and
other records pertinent to the Grant for a period of three years from the starting date
defined below. If any litigation, claim, negotiation, audit or other action involving the
records has been started before the expiration of the three year period, the records must
be retained until completion of the action and resolution of all issues which arise from it, or
until the end of the regular three year period, whichever is later. When Grant support is
continued or renewed at annual or other intervals, the retention period for the records of
each funding period starts on the day the Grantee submits to the County its single or last
expenditure report for that period. In all other cases, the retention period starts on the day
the Grantee submits its final expenditure report.
D) The Committee and the County, or any of their authorized representatives, shall have the
right of access to any pertinent books, documents, papers or other records of the Grantee
in order to make audits, examinations, excerpts and transcripts.
E) If a Grantee materially fails to comply with any term of an award, the Committee or the
Office of Safe Neighborhood Parks (OSNP) may take one or more of the following
actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the
Grantee.
2) Disallow all or part of the cost of the activity or action not in compliance.
3) Wholly or partly suspend or terminate the current award for the Grantee's program.
4) Withhold further Grant awards from the Grantee, or
5) Take other remedies that may be legally available.
F) Any of the enforcement actions listed in paragraph F above, taken by the OSNP, which
are contested and unresolved between the Grantee and the County within thirty days of
such action, will result in the MAAR Subcommittee providing the Grantee with an
opportunity to be heard on the issue. Said hearing will occur within sixty days of the
MAAR Subcommittee receiving the Grantee's written request. The MAAR Subcommittee
will recommend appropriate action to the Committee.
G) Costs of Grantee resulting from obligations incurred by the Grantee during a suspension
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or after termination of an award are not allowable unless OSNP expressly authorizes
them in the notice of suspension or termination or subsequently authorizes them in
writing. Other Grantee costs during suspension or after termination which are necessary
and not reasonably avoidable are allowable if:
1) The costs result from obligations which were properly incurred by the Grantee before
the effective date of suspension or termination, are not in anticipation of it, and in the
case of a termination, are noncancelable;and
2) The costs would be allowable if the award were not suspended or if the award expired
normally at the end of the funding period in which the termination takes effects.
H) Inspections. Staff of the Committee or the County, or both, shall periodically inspect
each Project to ensure compliance with these rules, the Ordinance, and the Grant
agreement. Staff shall perform an inspection of the Project site to ensure compliance
prior to release of the final Grant payment.
SECTION 11. SEMI-ANNUAL PROJECT STATUS REPORTS
Grantees are required to submit the Project Status Report on a semi-annual basis, in the
format stipulated by OSNP. Additional reports shall be due upon request of the SNP
Oversight Committee or the Office of Safe Neighborhood Parks. Reports may include:
A) actual accomplishments of each grant
B) problems encountered in implementation of each grant
C) anticipated start and/or completion dates of each grant
Grantee may be required to meet with the Committee to discuss the Project.
SECTION 12. PROJECT CLOSE-OUT
A) A Grantee has up to forty-five (45) days after the expiration or termination of the Grant to
submit all final documentation including final reimbursement requests and project
completion certificates.
B) The close-out of a Grant does not affect:
1) The County's right to disallow costs and recover funds on the basis of a later audit or
review:
2) The Grantee's obligation to return any funds due as a result of later refunds,
corrections, or other transactions;
3) Records retention responsibilities set forth above;
4) Continuing responsibilities set forth in the Ordinance and these rules;
5) Audit rights set forth in these rules.
C) Any amounts paid to Grantee in excess of the amount to which the Grantee is finally
determined to be entitled under the terms of an award constitute a debt to the County. If
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Revised January 11,2007
not paid within a reasonable period after demand,the County may reduce the debt by:
1) Making an administrative offset against other requests for reimbursement;
2) Withholding payments otherwise due to the Grantee;or
3) Taking other action provided by law.
Any overdue debt of the Grantee shall accrue interest at the maximum rate allowed by law.
SECTION 13. INTERPRETATION; ADMINISTRATION
These administrative rules have been promulgated under the Ordinance. In the event there
exists a conflict between these rules and the provisions of the Ordinance, the Ordinance shall
prevail.
The MAAR Subcommittee shall be authorized to interpret the provisions of these
administrative rules on behalf of the Committee and its interpretation of any matters governed
hereby shall be final. The Committee shall be authorized to amend these administrative
rules, by majority vote, in accordance with its duly adopted bylaws, subject to applicable law.
Staff to the Committee shall be authorized and required to administer the Safe Neighborhood
Parks bond program consistent with the Ordinance and these administrative rules.
14
Revised January 11,2007
Sponsored by: City Manager
RESOLUTION NO. 09-7921
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING
MATCHING GRANT FUNDS IN THE AMOUNT OF TWO
HUNDRED NINETY-THREE THOUSAND FOUR
HUNDRED DOLLARS ($293,400.00) IN SUPPORT OF THE
CITY'S GRANT APPLICATION FOR FUNDING FROM
THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD
PARKS (SNP) BOND PROGRAM FOR THE SHERBONDY
PARK-PHASE II PROJECT
WHEREAS, the City Commission of the City of Opa-locka ("City Commission")
adopted Resolution 09-7486, authorizing the City Manager to submit a grant application for
funding from the Miami-Dade County Safe Neighborhood Parks (SNP) Bond Program in the
amount of Two Million Two Hundred Thousand Dollars ($2,200,000.00) for the Sherbondy Park
-Phase II Project; and
WHEREAS, on August 18, 2009, the Safe Neighborhood Parks Citizens' Oversight
Committee ("SNPCOC") voted to award Two Hundred Ninety-Three Thousand Four Hundred
Dollars ($293,400.00) to the City of Opa-locka ("City") for the Sherbondy Park - Phase II
Project; and
WHEREAS, the recommendation of the SNPCOC is not final until the Miami-Dade
County Board of County Commissioners approves the recommendation and the City
Commission authorizes matching grant funds in the amount of Two Hundred Ninety-Three
Thousand Four Hundred Dollars ($293,400.00)for the Sherbondy Park-Phase II Project; and
WHEREAS, the City Commission desires to authorize matching grant funds for the
Sherbondy Park-Phase II Project.
)
Resolution No. 0 9—79 21
NOW,THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes
matching grant funds in support of the City's grant application for funding from the Miami-Dade
County Safe Neighborhood Parks (SNP) Bond Program in the amount of Two Hundred Ninety-
Three Thousand Four Hundred Dollars ($293,400.00) for the Sherbondy Park-Phase II Project.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2 3 day of SEPTEMBER , 2009.
.„,,&.- ....411 ,-.411
'"•'"' ' . L.KELLEY
v • YOR
Attest: Approved as to form and legal sufficiency:
' 1 /
! `"-
'
DebovrS. Irby Burnadette Nori 'Weeks
City Clerk City Attorney ''
Moved by: JOHNSON
Seconded by: HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
Sponsored by: City Manager
RESOLUTION NO. 09-7 4 8 6
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO SUBMIT A GRANT APPLICATION
FOR FUNDING FROM THE MIAMI-DADE COUNTY SAFE
NEIGHBORHOOD PARKS (SNP) BOND PROGRAM IN
THE AMOUNT OF TWO MILLION TWO HUNDRED
THOUSAND DOLLARS ($2,200,000.00) FOR THE
SHERBONDY PARK-PHASE II PROJECT
WHEREAS, the citizens of Miami-Dade County, Florida 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,
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 Opa-locka ("City") wishes to make an application for grant
monies for the projects listed below subject to all terms and conditions of this Ordinance; and
NOW,THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Resolution No. 0 9_7 41.6
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to file a grant application with the Safe Neighborhood Bond Program for the project
and in the amount listed below, and in connection with such application to execute such grant
agreement and other 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 contracts, and take such other acts and may be necessary to bind the City
of Opa-locka and accomplish the intent of this resolution. Application shall be made with respect
to each of the following projects (the "Projects") in the amounts set forth below.
Grant Title Total Grant
Safe Neighborhood Parks (SNP) Bond Program $2,200,000.00
Sherbondy Park(Phase II) for park improvements.
Section 3. The City of Opa-locka shall complete the Project in accordance with the
terms of the grant agreement, the Ordinance, and the administrative rules authorized by the
Citizens' Oversight committee ("the Committee") to implement the Ordinance. If the total cost
of a Project exceeds the value allocated in the grant, then the City of Opa-locka will provide any
supplemental funds required to complete the Project. In the event that supplemental funds are
necessary for the completion of the Project, as of the point in time that is known that
supplemental funds are needed, the City of Opa-locka 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 of the City of Opa-locka to provide any
supplemental funds required to complete the Project, may at the sole discretion of the
Resolution No. 09-7486
Committee, be modified in whole or in part by a reduction in scope of work consistent with the
Ordinance.
Section 4. The City of Opa-locka recognizes and directs that any beach, park, or
other public facility acquired, developed, rehabilitated or restored with bonds funds, including
the Project, 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 5. To the extent allowed by law, the City of Opa-locka shall commit any and
all funds which may be required to operate, maintain and provide programming at each park
project upon its completion.
Section 6. No substitution in capital project funding by the City of Opa-locka shall
occur as a result of the grant for which the City of Opa-locka is applying.
Section 7. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8 day of JULY , 2009.
—I
JOSEPH L. EY
MAYOR
Attest: Approved as to form and legal sufficiency:
Debora, S. Irby B • e Norri • eeks
City Clerk City Attorney
Resolution No. 09—748 L.
Moved by: HOLMES
Seconded by: TAYLOR
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
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 Opa-locka ("Grantee") having offices
at 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054, 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
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, 9D4); Required Documentation (Rules, 10D 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 f/
1 of 15
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 $293,400 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$293,400.
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 agrees:
(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
It
2 of 15
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 Opa-locka 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 Opa-locka or its employees, agents, servants, partners, principals or
subcontractors. The City of Opa-locka 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 Opa-locka expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the City of Opa-locka 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
discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended,
IL
3 of 15
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
audit is separate and distinct from any other audit by the County of any audit performed
tte,
4 of 15
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.
B. Modifications. Any alterations, variations, modifications, or waivers of
5 of 15
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 3 counterparts, and each
counterpart shall constitute an original of this Agreement.
D. Headings, Use of Singular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or
substance of the provisions of this Agreement. Wherever used herein,
the singular shall include the plural and the plural shall include the
singular, and pronouns shall be read as masculine, feminine or neuter as
the context requires.
E. Agreement Contact. The County's representative for this Agreement is
Veronica Rubert, Office of Capital Improvements. The Grantee's
representative for this agreement is (Name and
Title).
F. Fringe Benefits. In the event that a percentage of actual salary will be
utilized as the method to claim eligible fringe benefit costs pursuant to
Section 9 (D) (2) (c) of the Rules, such percentage shall not exceed
This percentage shall be demonstrated to the reasonable satisfaction of
the County. Documentation in support of this percentage shall be
submitted to the Office for approval contemporaneously with the
execution of this Agreement.
G. Subcontracts. Any subcontracts written under the provisions of the
Ordinance (Sections 5 (b) (5) and 8 (c)) require prior review and written
approval of the County, which shall be granted or denied in the sole
discretion of the County.
H. Totality of Agreement / Severability of Provisions. This 15 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: 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.
U/(__
6 of 15
IN WITNESS THEREOF, the parties through their duly authorized
representatives hereby execute this AGREEMENT with an effective date of
, 2010.
City of , Florida
By:
City Manager Date
For the Board of Commissioners,
City of , Florida
, CLERK
Attest:
By:
Clerk 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
Approved by County Attorney as
to form and legal sufficiency.
t
7 of 15
i'TACHI{ENT 1
MIAMI-DADE COUNTY AFFIDAVITS
The contracting individual or entity(governmental or otherwise) shall indicate by an "X" all affidavi
that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. A
blank spaces must be filled.
The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNT'
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT sha.
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or an
political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE FAMILY LEAVI
AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or th
State of Florida or any political'subdivision or agency thereof; it shall, however,pertain to municipalities of th
State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determin
whether or not it pertains to this contract and initial to the left of the statement, if applicable; or "N/A" if no
applicable; and/or provide the information requested.
I, ,being first duly sworn state:
Affiant
The full legal name and business address of the person(s) or entity contracting or transacting business witl
Miami-Dade County are(Post Office addresses are not acceptable):
Federal Employer Identification Number(If none,Social Security)
Name of Entity, Individual(s),Partners,or Corporation
Doing Business As (if same as above, leave blank)
Street Address City State Zip Code
I. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT(Sec.2-8.1 of the County Code)
1. If the contract or business transaction is with a corporation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly
five percent(5%) or more of the corporation's stock. If the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. If the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded
corporations or to contracts with the United States or any department or agency thereof, the State or
any political subdivision or agency thereof or any municipality of this State. All such names and
addresses are(Post Office addresses are not acceptable):
8of15 • F�[_
Full Legal Name Address Ownership
°A
2. The full legal names and business address of any other individual (other than subcontractors
material men, suppliers, laborers, or lenders)who have,or will have, any interest(legal,equitable
beneficial or otherwise) in the contract or business transaction with Dade County are(Post Office
addresses are not acceptable):
3. Any person who willfully fails to disclose the information required herein, or who knowingly
discloses false information in this regard,shall be punished by a fine of up to five hundred dollars
($500.00)or imprisonment in the County jail for up to sixty(60)days or both.
II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT(County Ordinance No. 90-
133,Amending sec.2.8-1; Subsection(d)(2)of the County Code).
Except where precluded by federal or State laws or regulations,each contract or business transaction or
renewal thereof which involves the expenditure of ten 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: Males Females Asian: Males Females
Black: Males Females American Indian: Males Females
Hispanics: Males Females Aleut(Eskimo): Males Females
_ Males Females: Males Females
III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES(County Ordinance 98-30 codified at 2-8.1.5 of the County Code.)
In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract,
have:i)a written affirmative action plan which sets forth the procedures the entity utilizes to assure that
it does not discriminate in its employment and promotion practices; and ii)a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women-owned businesses in its own procurement of goods,supplies and services. Such affirmative
action plans and procurement policies shall provide for periodic review to determine their effectiveness
in assuring the entity does not discriminate in its employment, promotion and procurement practices.
The foregoing notwithstanding, corporate entities whose boards of directors are representative of the
population make-up of the nation shall be presumed to have non-discriminatory employment and
procurement policies,and shall not be required to have written affirmative action plans and procurement
policies in order to receive a County contract. The foregoing presumption may be rebutted.
9of15 ��
The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation
the County Manager that it is in the best interest of the County to do so and upon approval of the Boa.
of County Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of$5,000,000.
The firm does have annual revenues in excess of$5,000,000; however, its Board of Directors
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 th
County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miam
Florida 33128.
The firm has annual gross revenues in excess of$5,000,000 and the firm does have a writte
affirmative action plan and procurement policy as described above, which includes periodi
reviews to determine effectiveness, and has submitted the plan and policy to the County',
Department of Business Development 175 N.W. In Avenue, 28th Floor, Miami, Florida
33128;
The firm does not have an affirmative action plan and/or a procurement policy as describec
above,but has been granted a waiver.
IV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT(Section 2-8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County has
has not as of the date of this affidavit been convicted of a felony during the past ten(10)years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County has has not as of the date of this affidavit been convicted of a felony during the past
ten(10)years.
V. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE 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
occurring no later than five(5)days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding
which is provided in whole or in part by the United States or the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental entities.
10 of 15 �/�-
VI. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.
142-91 codified as Section 11A-29 et. seq of the County Code)
That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, at
employer with fifty (50) or more employees working in Dade County for each working day during
each of twenty (20) or more calendar work weeks, shall provide the following information it
compliance with all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one (1)year shall be entitled to ninety(90;
days of family leave during any twenty-four(24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who has a serious health
condition without risk of termination of employment or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however,pertain to municipalities of this State.
_VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT(County Resolution R-385-95)
That the above named firm, corporation or organization is in compliance with and agrees to continue
to comply with,and assure that any subcontractor,or third party contractor under this project complies
with 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 3601-363.1. The foregoing requirements shall not pertain to
contracts with the United States or any department or agency thereof, the State or any political
subdivision or agency thereof or any municipality of this State.
VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES(Sec.2-8.1(c)of the County Code)
Except for small purchase orders and sole source contracts, that above named firm, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent and currently due fees or taxes -- including but not limited to real and
property taxes, utility taxes and occupational licenses --which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation,organization or individual have been paid.
IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
11 of 15.
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 shi
contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five perce
(5%) of the firm's work force consists of individuals who reside in Miami-Dade County and who hai
lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as
result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,the firm ma
request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver reque
affidavit. The foregoing requirement does not pertain to government entities, not for prof
organizations or recipients of grant awards.
XI. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At 11A-60 Et. Seq. of th
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 11A-60 et. seq. of the Miami Dade County Code, which requires ar
employer which has in the regular course of business fifty(50)or more employees working in Miami-
Dade County for each working day during each of twenty(20) or more calendar work weeks in the
current or proceeding calendar years, to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" anc
have indicated by an "X"all affidavits that pertain to this contract and have indicated by an"N/A" all affidavit:
that do not pertain to this contract.
By:
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO(or affirmed)before me this . day of
200_ by . He/She is personally
known to me or has presented as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary) (Expiration Date)
Notary Public—Stamp State of Notary Seal
(State)
12 of 15
ATTACHMENT 2
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
1. This sworn statement is submitted to Miami-Dade County
by
(print individual's name and title)
for
(print Name of entity submitting sworn statement)
whose business address is
and if applicable its Federal Employer Identification Number(FEIN)is
If the entity has no FEIN,include the Social Security Number of the individual signing
this sworn statement:
2. I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States,including,but not limited to,any bid or contract for goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud,theft, bribery, collusion, racketeering, conspiracy,or material
misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989,as a result of a jury verdict,non jury trial,or entry of a
plea of guilty or nolo contendere.
4. I understand that an"affiliate"as defined in paragraph 287.133(1)(a),Florida Statutes,means:
1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under
the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes.those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person,or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima fade case that, one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
(94
13 of 15
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States within the legal
power to enter into a binding contact and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity,or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, executives, partners, shareholders,
employees,members,and agents who are active in management of an entity.
6. Based on information and belief,the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement,nor any of its officers,directors,executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement,or one or more of its officers,directors,executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH 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 28-7.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this day of , 20
Personally known
OR Produced Identification Notary Public-State of
My commission expires
(Type of Identification)
(Printed typed or stamped commissioned name of notary
public)
14 of 15
SAFE NEIGHBORHOOD PARKS BOND PROGRAM
ADMINISTRATIVE RULES
SECTION 1. BACKGROUND
These administrative rules govern the implementation of the Safe Neighborhood Parks
Ordinance No. 96-115 (the "Ordinance"). In accordance with Section 5(b)(4) of the
Ordinance, the original rules were prepared and adopted by the Citizens' Oversight
Committee defined in the Ordinance (the "Committee") following public workshops held
throughout the County and subsequent revisions adopted by the MAAR Subcommittee.
SECTION 2. SCOPE
These administrative rules have been prepared to address those programs identified in the
Ordinance as "Municipal per capita allocation and direct grants for specific projects", as more
particularly defined in Section 3(a) of the Ordinance, the "Grants for Specific Regional
Projects", as more particularly defined in Section 3(b) of the Ordinance, and "Challenge
Grants", as more particularly defined in Section 3(c) of the Ordinance (collectively, the
"Covered Projects") and Interest Earnings Grants.
SECTION 3. GENERAL
Miami-Dade County administers all programs established under the Ordinance.
Grant Recipients for Covered Projects are required to follow these administrative rules.
Failure to do so may lead to disqualification.
Additional administrative rules and/or application materials may be obtained by contacting the
Office of Safe Neighborhood Parks. All inquiries, correspondence and Grant Applications
should be addressed to:
Office of Capital Improvements
Safe Neighborhood Parks
111 NW 1 Street. Ste. 2130
Miami, Florida 33128
Attn: Veronica Ruben
SECTION 4. DEFINITIONS
The following is a list of terms and definitions that are used in these administrative rules:
1
Revised January 11,2007
"Acquisition" means the act of obtaining real property or interests and rights in real property
by various legal means to serve public outdoor recreation purposes.
"Applicant"means a Public Agency or Not-for-Profit Organization, which submits an
application for Safe Neighborhood Parks bond funds during an announced Application
Submission Period.
"Application Submission Period" means the formally announced period of time for the
submission of applications in a given Funding Cycle.
"Committee" means the Citizens' Oversight Committee that is appointed by the Dade
County Board of County Commissioners to administer the Safe Neighborhood Parks capital
improvement program.
"MAAR Subcommittee" means the Monitoring, Auditing & Administrative Rules
Subcommittee, appointed by the Chair of the Committee to monitor the fiscal activities of the
bond program and periodically review the Administrative Rules.
"GR Subcommittee" means the Grant Review Subcommittee, appointed by the Chair of the
Committee to perform the initial review of grant applications for recommendation to the
Committee for potential award.
"County" means Miami-Dade County, Florida.
"Development" means the act of physically improving an area, facility, resource or site to
increase its ability or capacity to serve public recreation and conservation purposes.
"Fixtures, Furniture and Equipment(FF&E)" means 1) Fixtures —items that are
permanently affixed to the park building or property, i.e., outdoor grills, benches, doors,
bathroom stalls, NC units etc.; 2) Furniture-indoor furnishings needed to allow proper use of
a building, i.e., desks, chairs, tables, workstations, etc.; and 3) Equipment- non-consumable
tangible property with a life of at least one year and be directly related to the funded project,
bleachers for courts, audio/visual equipment for community rooms, computers for computer
labs, portable basketball goals for gymnasiums, etc.
"Funding Cycle" means the time between the opening of an Application Submission Period
and execution of a Grant Agreement by the County.
"Grant" means Safe Neighborhood Parks bond funds approved for use by an Applicant for
implementation of a Project pursuant to these rules.
"Grant Agreement" means an executed contract between the County and a Grantee setting
forth-mutual obligations regarding a Grant.
"Grant Application" is the process described in these rules to make a formal request for
Grant funds that commences upon submission by an Applicant of a Grant Application Form
and ends upon the execution of a Grant Agreement or a decision not to fund.
"Grant Application Form" means the form provided by the Office of Safe Neighborhood
Parks, the submission of which commences the Grant Application process.
"Grantee or Grant Recipient" means a Public Agency or Not-for-Profit Organization
2
Revised January 11,2007
A citizens,'
2009 Discretionary V oversight committee
Interest and Pre-Land safe
Acquisition Funds
Agreement neighborhood& .
parks 4.0
EXHIBIT I 1I DISTRICT
Sherbondy Park Renovations Phase II
City of Opa-locka 777 Sharazad Boulevard
Park Improvements
Fiscal Year
BUDGET ITEMS 2009-2010
PLANNING
DESIGN
PROJECT ADMINISTRATION
PRE-AGREEMENT SOFT COSTS
LAND/BLDG ACQUISITION
CONSTRUCTION
Construction,Planning,Design,and
Administration 293,400
TOTAL CONSTRUCTION 293,4001
ART ALLOWANCE I I
FIXTURES,FURNITURE,EQUIPMENT
OTHER COSTS I I
TOTAL AWARD ( 293,4001
Remarks
Scope of work is for park improvements as indicated on the SNP application dated July 17,2009. If funds are expended
towards planning,design,and administration,the maximum that can be paid towards planning,design,and
administration is$49,878(17%of total awarded)
SNPCOC approved at their August 18,2009 meeting. Match 1 to 1 required.
R-1376-09 December 1,2009
15 of 15 tie-
Sponsored by : City Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA AUTHORIZING THE CITY
MANAGER TO ACCEPT THE MAINTENANCE
REIMBURSEMENT MEMORANDUM OF AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AND THE CITY OF OPA-
LOCKA FOR THE PRESERVATION OF THE AREAS
OUTSIDE OF THE SOUTH FLORIDA RAILROAD TRACKS
WHICH ARE WITHIN THE BOUNDARIES OF THE CITY
OF OPA-LOCKA; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AND EXECUTE SAID
REIMBURSEMENT AGREEMENT,IN AN AMOUNT NOT
TO EXCEED THIRTY THOUSAND DOLLARS($30,000.00),
PAYABLE FROM ACCOUNT NUMBER 41-541340;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City Commission of the City Opa-locka desires to authorize the City Manager
to enter into an agreement with the State of Florida Department of Transportation(FDOT)to maintain
the areas outside the rail road tracks to the right of way line, excluding sidewalks; and
WHEREAS,the City of Opa-locka will maintain the area by periodic trimming,cutting,mowing
and litter pickup,following the Department's landscape safety guidelines; and
WHEREAS,the cost associated with this agreement shall not exceed$30,000.00,and will be
reimbursed by the State of Florida Department of Transportation.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Sec tion 1. The recitals to the Preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
RESOLUTION No.
Manager to accept the maintenance reimbursement memorandum of agreement between the State of
Florida Department of Transportation and the City of Opa-Locka for the preservation of the areas outside
of the South Florida railroad tracks which are within the boundaries of the City of Opa-Locka, in an
amount not to exceed$30,000.00,payable from Account No.41-541340,which shall be reimbursed by
the State of Florida Department of Transportation.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of ,2010.
JOSEPH L. KELLEY
MAYOR
Attest to: Approved as to form and legal sufficiency:
l
DEBORAH S. IRBY J G .,E'H .GELLER, ESQUIRE
CITY CLERK ERI► CITY ATTORNEY
DATE
Moved by:
Second by:
Commission Vote:
Commissioner Holmes:
Commissioner Johnson:
Commissioner Tydus:
Vice-Mayor Taylor:
Mayor Kelley:
4'.
(5; O�
nAl
Memorandum
TO: Mayor Joseph L. Kelley
Vice Mayor Myra L.Taylor
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
missioner Rose Tydus
FROM: larance PciatecsP, ter
DATE: March 24,2010
RE: Resolution Maintenance reimbursement Memorandum of Agreement between
the State of Florida Department of Transportation and the City of Opa-locka
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ACCEPTING THE MAINTENANCE
REIMBURSEMENT MEMORANDUM OF AGREEMENT BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE
CITY OF OPA-LOCKA FOR THE PRESERVATION OF THE AREAS
OUTSIDE OF THE SOUTH FLORIDA RAILROAD TRACKS WHICH ARE
WITHIN THE BOUNDARIES OF THE CITY OF OPA-LOCKA; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE
SAID REIMBURSEMENT AGREEMENT, IN AN AMOUNT NOT TO
EXCEED THIRTY THOUSAND DOLLARS ($30,000), IN A CONTRACT
FORM ACCEPTABLE TO THE CITY ATTORNEY, PAYABLE FROM
ACCOUNT NO. 41-541340.
Description: This Resolution authorizes the City Manager to enter into an agreement with
the State of Florida Department of Transportation to maintain the areas
outside the rail road tracks to the right of way line, excluding sidewalk, by
periodic trimming, cutting, mowing, and litter pickup, following the
Department's landscape safety guidelines.
Financial Impact: The cost associated with this request is $30,000, which will be reimbursed
by the State of Florida Department of Transportation.
Implementation Time Line: Upon adoption of this resolution and execution of the contract.
Legislative History: None
1
Recommendation(s): Staff is recommending the execution of the proposed maintenance and
reimbursement agreement with the State of Florida Department of
Transportation.
ATTACHMENT(S): 1. Maintenance reimbursement memorandum of agreement between the State
of Florida Department of Transportation and the City of Opa-locka
2. Copy of map of the rail road area
PREPARED BY: Octavien Spanner
2
DISTRICT FOUR(X)
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-REIMB MAINTENANCE
THIS AGREEMENT, made and entered into this day of 20
, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, a component agency of the State of Florida, hereinafter called the
"DEPARTMENT" and the CITY OF OPA-LOCKA , political subdivision of the State of
Florida, existing under the Laws of Florida,hereinafter called the"AGENCY".
WITNESSETH
WHEREAS, as part of the continual updating of the South Florida Rail Corridor, the
Department, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain a 100 foot width right of way between mile post 1028.9 and mile post
1031.6 as described in Exhibit"A"attached hereto and incorporated by reference herein,within the
corporate limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said rail corridor that contains areas
outside the tracks to the right of way line, excluding sidewalk, shall be maintained by periodic
trimming, cutting, mowing and litter pick-up; and
WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated , 20 ,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY agrees to maintain the areas outside the tracks to the right of way line,
excluding sidewalk,by periodic trimming,cutting,mowing,and litter pickup,following the
Department's landscape safety guidelines. The AGENCY's responsibility for maintenance
shall include all landscape areas and areas outside the tracks to the right of way line,
excluding sidewalk, on Department of Transportation right-of-way within the limits of the
Project. Such maintenance to be provided by the AGENCY is specifically set out as follows:
To maintain,which means to keep the right of way as free as practicable from weeds;to mow
and/or cut the grass to a proper length; to properly prune all plants, trees and brush which
includes (1) removing dead or diseased parts of plants, trees or brush or (2) pruning such
parts thereof which present a visual hazard for those using the roadway. To maintain also
means removing dead or diseased plants, trees or brush in their entirety. To maintain also
means to keep litter removed from the right of way and areas outside the tracks to the
right of way line, excluding sidewalk.
(a) When any mowing,cutting of weeds,tree and brush removal or pruning and removal
of litter is performed on the.Department's right of way and railroad track a CSX
Transportation flagman must be present to perform flag protection. The AGENCY
will bear the cost of the flagman. Brian Reeves of the Department (954) 777-4484
shall be notified a minimum of five days prior to such activities to provide CSXT
flag protection service.
The above named functions to be performed by the AGENCY shall be subject to periodic
inspections by the Department. Such inspection findings will be shared with the AGENCY and
shall be the basis of all decisions regarding payment reduction,reworking or agreement termination.
2. If at any time after the AGENCY has assumed the maintenance responsibility above-
mentioned, it shall come to the attention of the Department's District Secretary that the limits
or a part thereof is not properly maintained pursuant to the terms of this Agreement, said
District Secretary may at his option issue a written notice that a deficiency or deficiencies
exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice
thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within
which to correct the cited deficiencies. If said deficiencies are not corrected within this time
period, the Department may at its option terminate the Agreement in accordance with
Paragraph 6 of this Agreement.
3. For the services specified herein, the Department agrees to reimburse the AGENCY an
amount not to exceed$XXXX.XX,as defined in Attachment`B". Subject to this limit,the
Department will pay only for the following costs:
(a) Mowing
(b) Weed control
(c) Brush and tree removal
(d) Brush and tree pruning
(e) Litter, Debris removal
The Department's participation in the project cost,as described in Attachment"B"is limited to only
those items which are directly related to this project.
The parties acknowledge and agree the duties and responsibilities are as established by the terms and
conditions for performance by the Department and the Agency as set forth herein. In addition, and
not contingent upon such terms and conditions, the Department is currently in a position to fund a
portion of the maintenance function as described herein as more particularly described in exhibit
"B",as funds for such contribution are available through an appropriation of the legislature and have
been designated for purposes by the Department.
2
The Department's annual contribution shall be subject to obtaining an annual approval by the
comptroller that funding for such a purpose is available and has been encumbered to contribute to the
Agency for such purposes. Funds for this initial fiscal year have been so encumbered and this
contribution shall continue on a yearly basis, if available and encumbered, and may be adjusted in
future years by the Department, in its sole discretion,by a letter agreement.
4. Payment shall be made only after receipt and approval of goods and services as provided in
Section 215.42, Florida Statutes.
5. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre audit and post audit thereof, and bills for travel expenses
specifically authorized by this Agreement, if any, shall be submitted and paid in accordance
with the rates specified in Section 112.061, Florida Statutes.
6. Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and
for three years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of costs incurred includes the
AGENCY's general accounting records,together with supporting documents and records,of
the contractor and all subcontractors performing work,and all other records of the contractor
and subcontractors considered necessary by the Department for a proper audit of costs.
7. The AGENCY agrees to return all monies received under the terms of this Agreement,to the
Department, should the landscaped area fail to be maintained in accordance with the terms
and conditions of this Agreement.
8. Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames.Upon receipt,the Department has
five (5) working days to inspect and approve the goods and services unless the bid
specifications,purchase order or contract specifies otherwise.The Department has 20 days to
deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt,
inspection and approval of goods and services, a separate interest penalty in accordance with
Section 215.422(3)(b),F.S.will be due and payable,in addition to the invoice amount to the
Agency. The interest penalty provision applies after a 35 day time period to health care
providers,as defined by rule.Interest penalties of less than one(1)dollar will not be enforced
unless the Agency requests payment. Invoices which have to be returned to an Agency
because of vendor preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.The duties
of this individual include acting as an advocate for Agencies who may be experiencing problems in
3
obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at
(850)410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792.
9. This Agreement may be terminated under any one of the following conditions:
(a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3,
following ten (10) days written notice.
(b) By the Department, for refusal by the AGENCY to allow public access to all
documents,papers,letters,or other material subject to the provisions of Chapter 119,
Florida Statutes and made or received by the AGENCY in conjunction with this
Agreement.
10. The term of this Agreement commences upon execution.
11. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
Department,its officers and employees from all suits,actions,claims and liability arising out
of the AGENCY's negligent performance of the work under this Agreement, or due to the
failure of the AGENCY to construct or maintain the project in conformance with the
standards described in Section 2 of this agreement.
12. No change will be made in the payment terms established under item four (4) of this
Agreement due to any increase in cost to the AGENCY resulting from the installation of
additional landscaping or maintenance costs.
13. This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other Agreements and understanding, oral or written,with reference to the
subject matter hereof that are not merged herein and superseded hereby.
14. In the event this Agreement is in excess of$XXXXXX and has a term for a period of more
than one year, the provisions of Chapter 339.135(6) (a), F.S., are hereby incorporated: "(a)
The Department,during any fiscal year, shall not expend money,incur any liability,or enter
into any contract which, by its terms involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract,verbal
or written, made in violation of this subsection is null and void, and no money may be paid
on such contract. The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year,but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the Department which are for an
amount in excess of$XXXXX.XX dollars and which have a term for a period of more than 1
year."
15. The Department's District Secretary shall decide all questions, difficulties and disputes of
any nature whatsoever that may arise under or by reason of this Agreement,the prosecution
4
or fulfillment of the service hereunder and the character, quality, amount and value thereof;
and his decision upon all claims, questions and disputes shall be final and conclusive upon
the parties hereto.
16. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
17. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
5
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the day and
year first above written.
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
City Manager Director of Transportation Development
Attest: (SEAL) Attest: (SEAL)
City Clerk Executive Secretary
Legal Approval Legal Approval
6
FM.NO.: XXXXXXXXXX
CONTRACT NO.:
EXHIBIT "A"
PROJECT LOCATION:
City of Opa-locka,Florida,Miami-Dade County
Project Description:
Provide funds for quarterly maintenance of mowing, tree and brush pruning and removal,
weed control and litter removal on the rail corridor between Mile Post xxxx.xx, Opa-locka
and Mile Post xxxx.xx approximately xxxxx feet south of Ali Baba Avenue.
NOTE: Mileposts (MP) are obtained from Department of Transportation Straight Line
Diagrams.
7
FM NO.: XXXXXXXXXX
CONTRACT NO.:
EXHIBIT `B"
The Department agrees to reimburse the AGENCY,during the current fiscal year at a lump
sum rate per quarter for the following maintenance activities.These costs will be paid,upon
invoice to the Department, at the end of each quarter of the Department's fiscal year unless
other payment arrangements have been agreed upon.
Maintenance activities listed below are to be performed on a quarterly basis.
(a) Mowing
(b) Weed control
(c) Brush and tree removal
(d) Brush and tree pruning
(e) Litter, Debris removal
8
FM NO.: XXXXXXXXXX
CONTRACT NO.:
ATTACHMENT "C"
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Maintenance Agreement between the State of
Florida, Department of Transportation and the AGENCY.
Dated
I. PROJECT COST: $ XXXXXX.XX
Total cost of project is $ XXXXX.XX, lump sum, which will be paid in quarterly
payments of$XXXXX.XX as work is completed.
9
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