98-006 RESOLUTION NO. 98-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE
ATTACHED SAFE NEIGHBORHOOD PARKS GRANT
APPLICATION AS DESCRIBED IN EXHIBIT "A" AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT
IN THE AMOUNT OF ONE HUNDRED SIXTY THOUSAND
DOLLARS ($160,000) FROM THE MIAMI-DADE COUNTY
SAFE NEIGHBORHOOD PARKS BOND PROGRAM AS
DESCRIBED IN EXHIBIT "B"; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the citizens of Miami-Dade County have authorized the issuance of
general obligations bond (the "Bond") for the purpose of financing capital improvement
programs for certain parks, beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami-Dade
County Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance
(the "County 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 the community through the improvement of our parks and natural
areas; and
Resolution No. 98-06
Page 2
WHEREAS, in order to foster those important values, the project more
specifically listed below has been identified for reimbursement pursuant to the terms of
the County Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to make application for a
grant for the project as described in Exhibit "A" and in the amount listed below, and in
connection with such application to execute such grant agreement as described in
Exhibit "B" 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 and contracts, and take such other acts
as may be necessary to bind the City of Aventura ("the City") and accomplish the intent
of this Resolution. Application shall be made with respect to the following project (the
"Project") in the amount set forth below.
GRANT TITLE: Aventura Founders Park
YEAR ONE FUNDING: $160,000
TOTAL GRANT: $160,000
Resolution No. 98-06
Page 3
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Perlow, who moved its
adoption. The motion was seconded by Councilmember Holzberg and upon being put
to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 6th day °f January,~19~91~' ~/
A~R~'HtJ~R I. SNY~)ER MAYOR
ATTEST:
TERESA M SMITH, CMC
CITY CERK
APPROVED AS TO LEGAL SUFFICIENCY:
~HIBIT "A"
METROPOLITAN DADE COL'NT~'
SAFE NEIGHBORHOOD PARKS(SNP) BOND PROGRAM
SPECIFIED PROJECTS AND PER CAPITA ALLOCATION PROJECTS
GRANT APPLICATION FORM
I. APPLICANT INFORMATION:
A. Applicant IAgency Name}: City of Aventura
B. Contact Person: Robert H. Sherman Title Director of Community Services
MailingAddrcss: 2999 N.C. 191 Street, Suite 500
City: Aventura State FL Zip Code: 33180
Telephone: (305) 466-8o30 FAX (305) 466-8939
C. Applicant Certification
I hereby certi~ the information provided in this application and an5 attachments ts true and accurate
I further cc~osscss t~o appl~ ;'o~ th~s grant on behalf of thc ap/plican/t/
II. GRANT OVERVIEW:
A. Grant Title: Aventura Pounders Park Development
B. Brief Grant Summary: Construction and development of 11 ~ero v~eanX~oa~-e.~
for active and passive recreational opportunitiea.
C. Funding Request:
anticipaled total project ordinance
expenditures multi-year grant allocation section
~ in xear one reouest* per ordinance ** reference
specified project $ $ $
and/or per capita allocation $ 160,000 $ 160,000 $ 160,000 3(a)(1)(i)
total $ 160,000 $ 160,000 $ 160,000
* In some cases, lhe anticipated first :,car expenditures and the multi-:,ear grant request ~ill be the same. Howe,,er. grant
expenditures may be scheduled o'*er a pertod not to cxcccd three ~,ears
,-
** [n man) cases, the multi-year grant request and thc total project allocation ,,~tll be the same Hox~exer. large projects
ma;, be dPdded into more than one grant
D. Grant Type {check ail that appl_~)
; X I I Development, land ox~ned b? applicant
'__~]2 Development. land leased b5 apphcanL
Term
of
lease
from
through
]3 Land Acquismon
Page I of 4
E. Grant Readiness:
~ ~ endine hcginninl: ending
date date Do clonm~;nl; ~ date
ProperD Identification Planning .A3~.6~ ~l ?/96 -
Willing Seller Determination Schematic Designs 1/97
Appraisals Design De~ c'opmem 8/97 10/97
Acquts~tmn Conslruction Draxtings 10/97~ I2/97
Constmctmn 1/98__ cj/qg
Method of Acqmsition (eg. eminent domain, purchase, gift)i.
IlL GRANT DETAILS:
A.Cost Estimate and Expenditure Schedule for SNP grant funds (round to the nearest hundred); budget
on cash basis
TOTAL
EM 97-98 ~ FY 98-99 FY 99-00 ! SNP Grant % OF
BUDGET ITEMS EXPENSE EXPENSE IEXPENSEi Request TOTAL
PLANNING *
DESIGN *
PROJECT ADMINISTRATION *
LAND/BLDG ACQUISITION
CONSTRUCTION I h~t helo',, b,. eletllcllt x<h qtlantulcsl
· T~o clay tennis courts ;$45,000 0 0 $45.000
· One playground i$35,000 0 i 0 $35,000
· 3,200 linear feet exercise trail i$60,000 0 [[ 0 s&O.OOO Ii
· Four sun shelters 'i$40~000__ 0 I 0 $~.o:cmn !
· construction contingency (see B below,) !
- I
Total Construction 1: I tt
ART ALLOWANCE (Ibr Metro-Dade onl',) i [
FIXTURES. FURNISHINGS. EQUIPMENT , ~ , ~ 1
]OTHER COSTS (hst belo~O i il ! I
PROJECT CONTINGENCY** Funded by locall dollars, Lf needed~ See Exfiibit "A"
pages 64 & 77
!
EXPENDITURE TOTALS~160,O00 0 i 0 ~$160,000
100%
· The combination of planning, design and project admmmtraUon costs cannot exceed 170/0
· * A project contingency_ ts to compensate for actual costs being higher than budgeted For example, even thc
bid on a construction contract max be higher than thc amount budgeted The project contmgenc.x max not exceed
15% of' the total grant request T~e amount of funds allocated for prOject contmgenc?, should reflect hox~ firm thc
budget ~s at this point ~n time prOject contingencies should be highest for projects not bet planned, and should
decrease as a project progresses through design draxsmgs to construction A project contmgenc5 ~s oxer and abo~ c
the amount budgeted for a construction conungcnc?
Page 2 of 4
B. A construction contingent5 is for unforeseen condmons encountered once a construction contracl ~s a~xardcd and
construction has begun Thc amount of funds allocated t~.~r a construcuon conungcnc5 should reflect thc
probabilit5 of unforeseen conditions For example, rcnoxat~on prelects t~.ptcall? m~ot~c mort unfbrcsccn
conditions than docs nc'.', construction
if the construction contingency is less than 5% of the total constraction cost estimate, explain why you
think it is sufficient.
Pricing format uses current construction estimates exclusive of design costs.
If it turns out not to be sufficient, how will the shortfall be made up?
Any contingency will be funded by local dollars as contained in the Capital Budget.
(See Exhibit "A"; Line Item 6-60-6999, Page 64)
C. Identify any potential Preagreement Costs (eligible costs incurred prior to execution of grant agreement)
Describe: N/A $ Amount:
When were these costs incurred? N/A
D. Describe basis or justification for cost estimate:
Staff and consultant research using
contractor construction estimates.
g. Do you anticipate using SNP bond funds to leverage additional funds for the subject SNP grant or total
project? If so, list the other sources of funding and amounts:
Y~ -- $1.540.000 local dollars -- (See pace 7 of Exhibit "g"~. (Project
elements listed on Page 78 of Exhibit "A").
Explain how these other sources of funding will be used to either complete or expand the SNP bond
funded grant or total project:
Local dollars as identified in Exhibit "A", Pages 64 and 77. (City of Aventura
proposed FY 97-98 Budget).
If any of these other sources of funding don't fully materialize, how will that affect the SNP bond funded
grant or total project?
Project will be re-prograemed into later fiscal years, i.e.,
phasing of project construction.
F. Upon completion, will the work funded by this grant result in increased or new annual maintenance and
operation costs? Yes
.-
Upon completion, will the work funded by this grant result in increased or new annual programming
costs? Yes
Page 3 of 4
IV. As a condition of thc grant, thc apphcant agrees to execute a grant agreement anc~ to comptT, x~th all terms and
conditions of that grant agreement, the Adm~n~strat~ e Rules ut' thc SN P Bond Progra,n and thc S N P bond
ordinance. The Administrative Rules contain certain submission rcclu~rcmcnts that must accompany, thc grant
application poor to execution of thc grant agreement
Required attachments to be submitted prior to execution of grant agreement include but may not be
limited to
A. All Applicants:
I prOject Location Map
2. Evidence of adequate land tenure (deed. lease, crc )
3 Any ex~sting or proposed operating agreement, lease, management contract, or similar arrangement ~'.~th a
non-governmental entitS, that relates to the project or project s~tc
4. Site Plan. if available (optional)
B. Public Agencies
I Authorizing Resolution (sample attached)
C. Not-For-Profit Orgamzat~ons (m partnership x~th Mctro-Dade on certain regional projects~ I Proof of Board Approval - Resolution or Board Minutes
2 IRS Letter of Tax Exempt Status
Applicants may attach additional materials as deemed necessary to support the application. The Oversight
Committee or its subcommittees may require additional int'ormation in support of the application
Page 4 of 4
Exhibit "B"
AGREEMENT
This Agreement; made this 6th day of January, 1998, by and between Miami-
Dade County, a political subdivision of the State of Flodda (County) through its Office of
Safe Neighborhood Parks (Office), located at 111 N.W. 1st Street, Suite 650, Miami, FL
33128, and the City of Aventura having offices at 2999 N.E. 191st Street, Suite 500,
Aventura, FL 33180 (Grantee) states conditions and covenants for the rendering of Safe
Neighborhood Parks Bond Project(s) (Project(s)) for the County.
WHEREAS, the citizens of Miami-Dade County have authorized the issuance of
general obligation bonds for the purpose of financing capital improvement programs for
certain parks, beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami-Dade
County, Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance;
and
WHEREAS, it is necessary and desirable to improve the quality of life, to
preserve property values, to promote prevention of juvenile crime by providing positive
recreation opportunities, and to improve the recreation facilities for youth, adults, and
senior citizens in this community through the improvement of our parks and natural
areas; and
WHEREAS, in order to foster those important values, the project(s) listed herein
have been identified for reimbursement pursuant to the terms of the Ordinance;
NOW, THEREFORE, the parties agree as follows:
I. SCOPE OF SERVICE & BUDGET SUMMARY. The Grantee agrees to render
services in accordance with the Bdef Grant Summary statement incorporated and
that all expenditures or costs shall be made in accordance with the Budget which is
incorporated and attached as Exhibit ^. (See Section XII H.)
'11. ADMINISTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to
abide by and be governed by the Administrative Rules for Specified Project Grant
And Per Capita Allocation Programs and the Bond Ordinance, copies of which
appear as Attachments 1 and 2. Without limiting the generality of the preceding
sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 & Rules, 10B);
Breach of Agreement (Rules, 10B(6) & 11E); Termination (Rules, 11E); Prohibited
Use of Funds (Rules, 10E); Required Documentation (Rules, 11C & 12); Operating
Funds (Ord., Sec. 5(b)(1); Completion of Project and Supplemental Funding (Rules,
10B(11)); and Audits (Ord., Sec. 13 & Rules, 10B(8)).
III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement
shall be from January 6th, 1998 to January 6th, 2001. Failure by the Grantee to
complete the project by the aforementioned date, unless extended, shall be cause
for the County to terminate this Agreement.
IV. AMOUNT PAYABLE. The maximum amount payable for the project(s) rendered
under year one of this Agreement, shall not exceed One Hundred Sixty Thousand
and no hundredths ($160,000.00).
V. FUNDING COMMITMENT. In the event that the project requires funding beyond
the first year, funding for subsequent years is conditioned upon appropriation by the
Board of County Commissioners of Miami-Dade County, Florida, with no
representation that funds will be forthcoming.
VI. INDEMNIFICATION BY GRANTEE.
Government Entity.
Grantee, as a Government entity 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 government
entity or its employees, agents, servants, partners, principals or subcontractors.
Grantee 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,
judgements, and attomey's fees which may issue thereon. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section
768.28, Fla. Stat., subject to the provisions of that Statutes whereby the government
entity shall not be held liable to pay a personal injury or property damage claim or
judgement by any one person which exceeds the sum of $100,000, or any claim or
judgement or portion thereof, which when totaled with all other claims or judgement
paid by the government entity arising out of the same incident or occurrence, exceed
the sum of $200,000 from any and all personal injury or property damage claims,
liabilities, losses or causes of action which may adse as a result of the negligence of
the government entity.
VII. 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, Flodda Statutes. Nothing herein shall be construed
to extend any party's liability beyond that provided in Section 768.28, Florida
Statutes.
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VIII. 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,
which prohibits discrimination in employment and public accommodation; the Age
Discrimination Act of 1975, 42 U.S.C., 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
of the County to be in violation of these Acts, the County will conduct no further
business with the Grantee. Any contract entered into based upon a false affidavit
shall be voidable County, even if the Grantee was not in violation at the time it
submitted its affidavit.
IX. 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 the 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.
X. 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.
Xl. TERMINATION BY EITHER PARTY. Both par'des agree that this Agreement
may be terminated by either party hereto by written notice to the other party of such
intent to terminate at least thirty (30) days prior to the effective date of such
termination. The County Manager is authorized to terminate this Agreement on the
behalf of the County.
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XII. MISCELLANEOUS.
A. Governin.q Law. The Grantee agrees to comply with all applicable federal, state
and county laws, rules and regulations, which are incorporated by reference or
fully set forth. This Agreement is made in the State of Flodda and shall be
governed according to the laws of the State of Florida. Proper venue for this
Agreement shall be Dade County, Florida.
B. Modifications. Any alterations, variations, modifications, extensions or waivers of
provisions of this Agreement including but not limited to amount payable and
effective term shall only be valid when they have been reduced to writing, duly
approved and signed by both parties and attached to the original of this
Agreement.
C. Counterpart. This Agreement is signed in four counterparts, and each
counterpart shall constitutes and original of this Agreement.
D. Headin.qs, Use of Sin,qular 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 plural shall include the singular, and
pronouns shall be read as masculine, feminine or neuter as the context requires.
E. A.qreement Contact. The County's representative for this agreement is Beverly
N. Mirman, D.P.A.. The Grantee's representative for this agreement is Eric M.
Soroka, City Manager.
F. Frin.qe Benefits. In the event that a percentage of salary will be utilized as the
method to claim eligible fringe benefit costs pursuant to Section 10(D)(2)(c) of the
Rules, such percentage shall not exceed 20%. This percentage shall be based
on the actual cost of the fringe benefits and 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 provision of the Ordinance
(Sections 5(b)(5) and 8(c)) require prior review and written approval of the
County.
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H. Totality of A,qreement / Severability of Provisions. This five page Agreement with
its recitals on the first page of the agreement and with its attachments as
referenced below contain all the terms and conditions agreed upon by the
parties:
Attachment 1: Administrative Rules For Specified Project
Grant And Per Capita Allocation Programs
Attachment 2: Safe Neighborhood Parks Ordinance
Attachment 3: Miami-Dade County Affidavits
Exhibit A: 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their respective seal the day and year first above written.
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CITY OF AVENTURA
Attest: Eric M. Soroka, Citer
Teresa M. Smith, CMC, City Clerk
Approved as to Legal SuffJci,ency,~
6
APPROVED AS TO FORM AND MIAMI-DADE COUNTY,
LEGAL SUFFICIENCY: a political subdivision of the
State of Florida
Assistant County Attorney Armando Vidal, P.E., County Manager
ATTEST:
Harvey Ruvin, Clerk
By:
As Deputy Clerk
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