HomeMy WebLinkAboutR-03-0864J-03-626
07/24/03
RESOLUTION NO. 03- 864
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE THE JAPANESE GARDEN
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH PARROT JUNGLE ISLAND,
INC. ("PJI"), A FLORIDA CORPORATION, FOR THE
DESIGN, CONSTRUCTION, MANAGEMENT AND
MAINTENANCE OF THE JAPANESE GARDEN TO BE
LOCATED ON APPROXIMATELY ONE (1) ACRE ON
WATSON ISLAND, WITH A TERM TO COMMENCE UPON
EXECUTION OF THE AGREEMENT AND TO TERMINATE
AT THE EXPIRATION OF THE LEASE BETWEEN THE
CITY AND PJI DATED SEPTEMBER 2, 1997, AS
AMENDED; FURTHER APPROVING CONSIDERATION TO
PJI FOR ITS SERVICES, IN AN AMOUNT EQUAL TO
THE ACTUAL COST OF PJI'S PROVISION OF
SERVICES BASED ON A MANAGEMENT BUDGET AND
MANAGEMENT PLAN APPROVED BY THE CITY, SUBJECT
TO AVAILIBILITY OF FUNDS.
WHEREAS, the City of Miami ("City") is owner of certain real
property and improvements located at Watson Island, Miami,
Florida; and
WHEREAS, on September 2, 1997, the City entered into a Lease
and Development Agreement amended April 14, 2000, ("Lease") with
Parrot Jungle Island, Inc., ("PJI") a Florida Corporation, for
the development of a botanical garden attraction and related
uses; and
7 7t1, !r nn 7" 77 7 ria
0
CITY COMOMON
MEETING OF
U L 2 4 2003
Resojwion No -
0 3 n
o•03_
WHEREAS, the botanical garden attraction will be known as
the Japanese Garden ("Garden") to be located on approximately one
(1) acre of Watson Island; and
WHEREAS, the Lease allows Parrot Jungle Island, Inc., to
relocate the Garden to a comparable site within the property
adjacent to the Leased Property, subject to the approval of the
City Commission; and
WHEREAS, PJI wishes to be responsible for the management of
the Garden, given the close proximity of the proposed location of
the Garden to Parrot Jungle, and PJI's obligation under the Lease
to maintain the Garden throughout the term of the Lease; and
WHEREAS, PJI and the City wish to enter into an agreement to
set forth the terms and conditions for the relocation and
construction of the Garden, and to establish the rights and
obligations of the parties with respect to the management of the
at the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Page 2 of 4 03— 864
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized -11 to execute
the Japanese Garden Agreement ("Agreement"), in substantially the
attached form, between the City of Miami ("City") and Parrot
Jungle Island, Inc., ("PJI") a Florida corporation, for the
design, construction, management and maintenance of the Japanese
Garden to be located on approximately one (1) acre on Watson
Island, with a term to commence upon execution of the Agreement
and to terminate at the expiration of the lease agreement between
the City and PJI dated September 2, 1997, as amended, with
consideration to be paid to PJI for its services, in an amount
equal to the actual cost of PJI's provision of services based on
a management budget and management plan approved by the City,
subject to availability of funds.
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 3 of 4
03- 864
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 24th day of July , 2003.
ATTEST:
12)'1
21,
/W-PTLLA A.If HOM 16SON
j
/:CITY CLERK
APPROVED ASS FORM AND CORRECTNESS:
PFJANDRO VILARELLO
TY ATTORNEY
W7377:tr:AS:BSS
z/ If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 4 of 4 rj 3— 864
JAPANESE GARDENS AGREEMENT
This Agreement is made as of the day of , 2003, between the
CITY OF MIAMI, a municipal corporation in the State of Florida, ("City") and PARROT
JUNGLE & GARDENS OF WATSON ISLAND, INC., a Florida corporation, f/k/a PARROT
JUNGLE & GARDENS, INC., a Florida corporation, whose principal office is located at 1111
Parrot Jungle Trail, Miami, Florida 33132 ("PJI").
RECITALS:
A. The City and PJI heretofore entered into a Lease and Development Agreement
dated September 2, 1997, as amended by Modification of Lease and Development
Agreement dated April 14, 2000 and by Modification to Lease and Development
Agreement dated August 13, 2002 (the "Lease") for the development of a
botanical garden attraction and related uses, to be known as the Parrot Jungle, on
18.6134 acres of City owned land located at Watson Island, Miami, Florida (the
"Leased Property").
B. The Ichimura Miami -Japan Garden, known as the "Japanese Garden" (the
"Garden") is a City owned park that was gifted to the City by Mr. Kiyoshi
ichimura and is located in a on - acre parcel within the Leased T'roperty.
C. Section 13.9 of the Lease allows PJI to relocate the Garden to a comparable site
within the property adjacent to the Leased Property, subject to the approval of the
City Commission of the proposed location, amenities, layout, design and
construction schedule, at PJI's sole cost and expense.
D. Section 13.9 of the Lease requires PJI to maintain the Garden to a standard of
quality that will ensure its preservation as a unique and special cultural resource
for the use and enjoyment of all residents and visitors to the City.
E. The City has received a total of $657,000 in grant funds ("Grant Funds") from
several agencies to assist in the design, relocation and construction of the Garden
(the "Project").
F. Given the close proximity of the proposed location of the Garden to the Parrot
!-—.1e, and PJI's obligation ..rider the Lease to maintain tl,e Garden throughout
uic term of the Lease, PJI wishes to be responsible for thw management of the
Garden.
G. PJI and the City wish to enter into this Agreement to set forth the terms and
conditions for the relocation of the Garden and the construction of the Project, and
to establish the rights and obligations of the parties hereto with respect to the
management of the Garden.
03- 864
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
and PJI agree as follows:
ARTICLE I
TERM
The term of this Agreement shall commence upon its execution and shall terminate at the
expiration of the Lease, unless otherwise terminated as provided herein.
ARTICLE II
THE PROJECT
PJI agrees to construct, or cause to be constructed, the Project substantially in
accordance with the plan attached hereto as Exhibit "A" (the "Plan"). The Project shall be
constructed at the location described in Exhibit `B" hereto (the "Property"). PJI acknowledges
its sole responsibility for the preparation of the construction documents (the "Construction
Documents"), which Construction Documents shall be substantially in conformity with the Plan
and shall be submitted to the Director of the Department of Economic Development (the
"Director") for his prior review and approval. The Project is to be constructed, substantially in
accordance with the Plan by not later than October 31, 2003, subject to force majeure and subject
to timely disbursement of the Grant Funds. The City shall make available to PJI the Grant Funds,
to be disbursed for the purposes, and in the manner, set forth in Exhibit "C" hereto. In the event
that the cost of construction of the Project exceeds the amount of the Grant Funds, PJI shall be
responsible for the payment of such excess construction costs. Accordingly, PJI shall have the
right to modify the Plan and Construction Documents (subject to reasonable approval the
Director) in order to conform the cost of the Project with the Grant Funds, subject to the terms of
the Lease, provided that any substantial deviation from the Plan and Construction Documents
shall be subject to the approval of the City Commission. To the extent commercially feasible,
PJ1 shall ,provide the Citv with reasonable notice and opportunity to attend all Project
construction meetings.
1. CONSTRUCTION CONTRACT
PJI acknowledges its sole responsibility for the preparation, administration and
enibrcement of the construction contract for the Project (tho "Construction Contract"). lluring
construction of the Project, PJI shall provide to the City, once each month, a certificate of the
architect certifvinc that those portions of the improvements which have been completed, and for
which requisitions for payment have been issued, are in substantial accordance with the approved
Construction Documents. The City's consultants, architects, engineers, agents and employees, at
reasonable times and upon reasonable notice to PJI, may enter upon the Property and view the
work. PJI shall maintain copies of the approved Construction Documents for the City's
examination. If during construction the City reasonably determines that the construction is not
proceeding in accordance with the provisions of this Agreement or with the approved
Construction Documents, the City shall give PJI written notice thereof, specifying in detail the
2 03- 864
particular deficiency, defect or omission and PJI shall thereupon take such steps as are necessary
to correct such deficiency, defect, or omission.
2. CHANGE ORDERS
All substantial changes in the work during construction shall be subject to the
approval of the City Manager. Prior to commencing any substantial change in the work
requested by either the PJI, the City or the Contractor, PJI will prepare and deliver to the
Director, for his/her approval, a change order (the "Change Order") setting forth the total costs of
such change which will include associated architectural and contractor's fees. The City Manager,
in its reasonable discretion, may reject a Change Order that materially deviates from the
Construction Documents. If the City does not approve such Change Order, PJI will not proceed
to cause the requested change to be performed. The cost of any Change Order authorized
pursuant to this Section shall be paid in the manner provided in this Agreement for the payment
of construction of improvements. If the City does not object to a proposed Change Order within
five (5) business days of receiving the Change Order, PJI may consider the Change Order
approved.
3. PERMITS / COMPLIANCE WITH LAWS
PJI shall be s()lely responsible for securing and paying for all approvals, permits,
governmental fees, impact fees, licenses, and inspections necessary for the proper execution and
completion of the Project, provided, however, that to the extent legally permissible the City
agrees to waive impact fees and permit fees and to cooperate with PJI in obtaining similar
waivers from the County and State. PJI shall ensure that the Project is constructed in accordance
with all applicable laws, codes, and regulations. Upon written notification by the City to PJI, PJI
shall ensure that any work not acceptable to the applicable governmental authority, or not
reasonably satisfactory to the City pursuant to the terms hereof, shall be promptly corrected,
replaced, or otherwise brought into comphi :nce at no expense to the Cil,.,:. The City's failure to
promptly object any work shall not constitute acceptance thereof.
4. LIENS
PJI shall ensure that the Property shall at all times be free from any mechanics',
materialmen's, or other liens arising out of any improvements made, or work performed upon, or
materials, furniture, or fixtures delivered to the Property by or on behalf of PJI. The City shall
ave the right, but not the obligation, at all times to post .and keep posted on the Property any
notices which it deems necessary for its protection from such liens. If any such liens are filed
and are not released of record by payment or posting of a proper bond within fifteen (15)
calendar days after PJI has been notified in writing of such filing, the City may, without waiving
any other rights or remedies it may have, cause the lien to be released by any means it shall deem
proper, including payment of the claim giving rise to the lien unless a Notice of Contest of Lien
has been filed by PJI, in which event all amounts paid by City shall immediately be due and
payable by PJI.
3
03- 864
5. PAYMENT PROCEDURES — GRANT REQUIREMENTS
PJI acknowledges and agrees that grant funds will be available for use in the Project only
in accordance with the Grant Budget attached hereto as Exhibit "D" (the "Grant Budget") and
made a part hereof. The Grant Budget sets forth the scope of work which qualifies for payment
utilizing the grant funds received from various agencies. PJI covenants and agrees to comply
with terms and conditions contained in the grant agreements, a copy of which is attached hereto
as Exhibit "E" (the "Grants"). Notwithstanding the foregoing, the City acknowledges the general
intent of PJI that the Grant Funds shall be substantially adequate to perform the entire Project in
full. As portions of the Project included in the Grant Budget are completed, PJI will submit a
payment requisition signed and approved by the contractor, the architect and PJI to the City for
payment. Requisitions for payment shall comply with all requirements for disbursement of Grant
Funds, as set forth in Exhibit "C", including but not limited to a statement of the following: total
Project cost to date, change orders to date, the schedule of values contained within the
construction budget, the amount of the payment request, allocation of the work covered by the
requisition among the schedule of values, and balance to complete the Project. The requisition
for payment shall be accompanied by (i) lien waivers or releases from any party with a right to
file a lien against the improvements to the extent the claim was covered by a previous requisition,
together with such other lien waivers, releases, or evidence of payment as the City may
reasonably require; and (ii) written certification from the Architect that the information contained
in the requisition for payment is accurate, and that the work covered by the requisition was
completed substantially in accordance with the approved Plans; and (iii) such other
documentation as may be reasonably required by the City. Upon approval of the requisition by
the City, the City shall advance the funds to PJI and thereafter seek reimbursement from the
Granting Agencies. PJI acknowledges that the Granting Agencies have the independent right to
inspect those portions of the Project funded with grant funds and in the event that any portion of
such work is found to be defective, PJI shall promptly cause the Contractor or any other
responsible party to take such curative action as may be required to bring the work into
compliance.
6. PJI RESPONSIBILITY FOR CONSTRUCTION COST
PJI acknowledges and agrees that the sole financial commitment of the City is to make
available to PJI the Grant Funds, provided that the Project qualifies for funding and the City
actually receives the Grant Funds. In the event that the Grant Funds are not sufficient to
complete the Project, as herein provided, or that the Grant Funds may not be used for a portion or
portions of the Project then PJI shall be responsible for providing the funds necessary to
complete the Project, as herein provided. Notwithstanding the above, in the event some or all of
the Grant Funds are not received or do not qualify for Project funding, PJI reserves the right to
modify the approved Construction Documents, subject to the City Manager's review and
approval in his sole discretion.
4
03- 864
ARTICLE III
MAINTENANCE OF GARDEN
Pursuant to Section 13.9 of the Lease, PJI shall, during the term of the Lease, maintain
the Garden, at its sole cost and expense, to a standard of quality that will ensure its preservation
as a unique and special cultural resource for the use and enjoyment of the residents and visitors
of the City ("General Maintenance"). PJI understands and agrees that the Garden may be
enhanced by the City or PJI, from time to time, and PJI's General Maintenance obligations
hereunder may increase accordingly. PJI's General Maintenance obligations shall include, but
not be limited to, as applicable, maintaining water features, irrigating plant materials, cutting
grass every 2 weeks or as needed, trimming trees and bushes, removing trash, and removing any
graffiti. PJI shall be responsible for, and shall repair any, damage caused to the Property as a
result of the PJI'S use of the Property. Additionally, PJI shall be responsible for clean up and
other maintenance duties associated with the use of the Garden for authorized group events or
functions ("Special Maintenance"). PJI shall perform the General Maintenance at its sole cost
and expense, pursuant to the terms of the Lease. The cost of providing Special Maintenance
shall be paid by the user of the Garden as part of the use fee, based on a budget of Special
Maintenance to be agreed upon by PJI and the Director of Parks Department of the City prior to
the occurrence of any such event. Notwithstanding the foregoing, PJI agrees to provide Special
Maintenance, free of charge, for six (6) City related events per year. If any lighting, water
fount^ins, tables, fences, signs, tra-1,, receptacles, or any other equipment or improvements shall
be provided by PJI in order to provide the level of maintenance required hereunder, they shall be
paid for and maintained by PJI. The City shall notify PJI after discovering any damage which the
PJI is responsible for repairing and the PJI shall make the necessary repairs promptly after said
notice.
PJI agrees that the Garden shall at all times be known as the Ichimura Miami -Japan
Garden.
It is understood and agreed that this provision is intended to implement i'll's obligations
under the Lease. In the event that this Agreement is terminated for any reason, PJI's obligations
to provide General Maintenance at its sole cost and expense shall survive under the terms of the
Lease, which shall be interpreted to include the provisions of this Article III relating to PJI's
maintenance obligations.
ARTICLE IV
MANAGEMENT OF THE GARDEN
PJI shall have full responsibility for the management and operation of the Garden in
accordance with a Management Plan to be submitted to the Director of the Parks Department, for
its reasonable approval, prior to the opening of the Garden to the public and on or before each
September I S` thereafter. The Management Plan may be amended from time to time, by mutual
agreement of the parties.
5 03- 864
The Management Plan submitted each year shall contain the following items for the
upcoming fiscal year (October 1 — September 30):
(i) A description of programs and activities and their related procedures and
objectives;
(ii) A description of staffing and supervision and responsibilities of each staff
member;
(iii) A budget of PJI's recommended repairs, renewals, revisions, replacements,
substitutions and improvements to the Garden including a Schedule of Sources
and Applications of Funds (in reasonable detail);
(iv) A description of the PJI's general marketing strategy, including target population,
which the PJI intends to implement to optimize both short and long term
profitability of the Property;
(v) A budget for the upcoming Fiscal Year ("Management Budget") which budget
shall include a projected income and expense statement, a projected balance sheet
and the projected source and application of funds.
PJI shall transmit to the Parks Director, in writing, in a format reasonably acceptable to
the Parks Director, biannual reports regarding current activities, progress of PJI's activities,
accomplishment of objectives, and budget summary including revenues, disbursements, cash
flow, debt and contributions. The biannual report shall include a budget variance analysis that
compares the approved Management Budget to actual revenues and expenses to -date with
explanations as to variances in excess of five percent (5%). PJI shall submit these biannual
reports to the Parks Director on or before the dates set forth below:
Operating Period Report Due Date
Oct 1 — Mar 31 Apr 30
Apr I — Sep 30 Oct 31
PJI shall submit to the Parks Director such additional reports as may reasonably be
requested by the Parks Director. PJI shall prepare, in writing, in a form reasonably acceptable to
the Parks Director, any other reports or documentation that may be required by granting agencies
or Federal, State or local directives. PJI shall use its best efforts to make such reasonable
changes to its programs and operations, in a timely manner, as may reasonably be requested by
the Parks Director.
The City may carry ou' monitoring and evaluatio i activities, including visits Ind
observations by City staff and/or community surveys. PJI shall ensure the cooperation of its
employees and officers in such efforts. Any inconsistent, incomplete or inadequate information
received by the City in PJI's biannual report or obtained by the City from its monitoring and
evaluation activities, shall constitute an Event of Default hereunder if. (1) not remedied by PJI
within thirty (30) days of the City's written notice to PJI; or (2) if such matter is of a nature
which can reasonably be expected to take greater than thirty (30) days to remedy, if efforts
reasonably intended to remedy such matter are not commenced within such thirty (30) day period
or, if so commenced, are later abandoned by PJI.
6 03- 864
In consideration of the services to be provided by PR hereunder, the City agrees to pay to
PJI an amount equal to the actual cost of PJI's provision of management services, to the extent
funds are collected for admissions fees, special use fees, or payment of Special Maintenance. PJI
understands and agrees that its compensation hereunder shall be paid exclusively from the fees
collected by PJI as admission fees, special use fees, or for payment of Special Maintenance. In
no event shall the City be required to make any payment to PJI over any amount that it may
collect from the use of the Property.
PJI acknowledges the City's intention to expand and enhance the Garden for the
enjoyment and use of the public. PJI further acknowledges the City's intention to seek funding
through grants or fundraising for these purposes. PJI agrees to reasonably assist the City in its
efforts to seek and identify funding for the enhancement of the Garden by organizing fundraising
events during the term of this Agreement, provided that PJI shall not be required to bear any
expense in this regard. PJI shall additionally apply for grant funds, for which the City shall assist
by co -sponsoring applications, as necessary, to obtain additional funding for expansion of the
Garden.
ARTICLE V
USE
The Garden shall be used exclusively for a passive park for members of the public. The
use of the Garden will be subject to the Rules and Regulations set forth in Exhibit "F" hereto, as
amended from time to time with the approval of the Parks Director of the Parks and Recreation
Department for the City (the "Parks Director"). PJI shall ensure that the park will be open from
11 AM to 4 PM each weekday and from 10 AM to 5 PM on weekends, or as otherwise directed
by the Parks Director, but not earlier than the opening nor later than the closing time of the Parrot
Jungle theme park, and subject to weather conditions and force majeure. For security reasons,
1'fl shall lock the park at closi�q,, time each day, except as otherwise agreed to by th,.: Parks
Director for special events.
ARTICLE VI
ASSIGNMENT
PJI shall not transfer or assign this Agreement or any of its rights and obligations
hereunder, nor subcontract the provision of any of the services hereunder, without the City's
prior written coir -"t, which may be withheld �)o,i the same terms and provisions as are set forth
with respect to a transfer under the Lease.
ARTICLE VII
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed in or moved to the Property, during the construction of the
Project or the duration of PJI's management obligations hereunder, shall be at the risk of the PJI
or the owner thereof. The City shall not be liable to PJI for any damage to personal property
03- 864
unless caused by or due to negligence of the City and in such event the City's liability shall be
subject to all limitations of Florida Statutes, Section 768.28.
ARTICLE VIII
SIGNS
PJI shall not permit any signs or advertising matter to be placed anywhere in the Property,
including displays or other personal property or fixtures located thereon, without having first
obtained the approval of the Parks Director which approval may be withheld for any or no
reason. PJI shall, at its sole cost and expense, install, provide, and maintain such sign,
decoration, advertising matter or other things as may be permitted hereunder in good condition
and repair at all times. PJI must further obtain approval from all governmental authorities having
jurisdiction, and must comply with all applicable requirements set forth in the City of Miami
Code and Zoning Ordinance.
The City reserves the right to erect or place upon the Property such signs or advertising at
it deems desirable, in its sole discretion, which signs shall be maintained by the City.
ARTICLE IX
CITY'S ACCESS TO PROPERTY
The City and its authorized representative(s) shall have at all reasonable times access to
the Property during all hours to examine the same or to make such repairs, additions, or
alterations as may be deemed necessary for the safety, comfort, or preservation thereof. Said
right of entry shall likewise exist for the purpose of removing placards, signs, fixtures,
alterations, or additions which do not conform to this Agreement. Notwithstanding anything else
set forth herein to the contrary, the City shall be responsible for all, losses or damages caused by
the negligent exercise of its rights hereunder.
City will maintain a complete set of keys to the Property. PJI, at its sole cost and
expense, may duplicate or change key locks to the Property but not until first receiving written
approval from the Parks Director for such work. In the event PJI changes key locks as approved
by the Parks Director, PJI, at its sole cost and expense, must also provide to City a copy or copies
of said keys, if more than one copy is required.
A RTif 1.F. X
DEFAULT
1. Events of Default. Each of the following events is defined as an "Event of Default":
(a) The failure of a party to pay any amount due under this Agreement when
due, and the continuance of that failure for a period of thirty (30)
consecutive days after written notice in writing from a non -defaulting
ply;
8
4) — 864
(b) The failure of a party to comply with any of the covenants, conditions and
obligations under this Agreement and the continuance of that failure for a
period of thirty (30) consecutive days after written notice from a non -
defaulting party specifying the failure; unless with respect to any default
which cannot be cured within such thirty (30) day period, the defaulting
party, in good faith, promptly after receipt of written notice, shall have
commenced and continued diligently to reasonably prosecute all actions
necessary to cure the default.
2. Remedies in Event of Default: Upon the occurrence of an Event of Default by
either party, the non -defaulting party shall have all rights and remedies existing at law or equity,
including the right to terminate this Agreement. Additionally, if PJI defaults in the performance
of its obligations to construct the Project the City shall have the right to immediately terminate
this Agreement and, at the City's option, take immediate possession of the Property and do all
things necessary to fully complete the construction of the Project. Without restricting the
generality of the foregoing, and for purposes aforesaid, after an Event of Default PJI hereby
appoints and constitutes the City its lawful attorney-in-fact with full power of substitution in the
premises to complete construction of the Project in the name of the PJI; to take action and require
such performance as it deems necessary under the Construction Contract and the performance
bond, if any, and to make compromises with the surety or sureties thereunder, it being understood
and agreed that this power of attorney shall be a power coupled with an interest and cannot be
revoked. In addition to the above rights and remedies, the City shall further have the right to
declare the occurrence of a default under the Lease, whereupon the City's rights and remedies
shall be governed by the Lease, in regards to an Event of Default related to PJI's maintenance of
the Garden.
3. Obligations, Rights and Remedies Cumulative. The rights and remedies of the
parties, whether provided at law, in equity, under this Agreement, or under the Lease, shall be
cumulative. The exercise by any party of any one or more of such remedies shall not preclude
the exercise by it, at the same or different times, of any other such remedies for the same default
or for any other default or breach by any other party. No waiver made by any party with respect
to performance, manner or time of any obligation of any other party or any condition to its own
obligation under this Agreement shall be considered a waiver of any rights of said party with
respect to the particular obligations of any other party or condition to its own obligation, or a
waiver in any respect in regard to any other rights of said party.
ARTICLE X11
INDL -.INIFICATION AND HOIJ1 HARMLESS
PJI shall indemnify, protect, defend and hold harmless the City, its officials, employees,
representatives and agents, from and against any and all claims, suits, actions, damages or causes
of action of whatever nature arising from the performance or non-performance by PJI, or anyone
acting by, through or under it, of its obligations under this Agreement, including specifically,
without limiting the generality of the foregoing, construction of the Project and its compliance
with the Plans, maintenance obligations and management obligations, or arising from any act,
fault or omission of PJI, its members, agents, contractors, employees and servants, whether such
9
03- 864
claim shall be made by an employee of PJI or the City, or by any third party, and whether it
relates to injury to persons (including death) or damage to property and whether it is alleged that
the City, or its officials, employees, representatives, or agents were negligent; provided, however,
that PJI shall not be responsible for any claims, suits, actions, damages, or causes of action
arising out of the negligence or willful misconduct of the City. PJI shall, at its own cost and
expense, pay and satisfy all costs related to any orders, judgments or decrees which may be
entered thereon, and shall indemnify the City from and against all costs, reasonable attorneys'
fees, expenses and liabilities incurred in and about the defense of any such claims and the
investigation thereof.
To the extent and within the limitations of Section 768.28, Florida Statutes, the City does
hereby agree to indemnify and hold harmless the PJI from any and all personal injury or property
damage claims, liabilities, losses, and causes of action which may arise solely and directly as a
result of the gross negligence or willful misconduct of the City and shall pay all costs related to
any orders, judgments or decrees which may be entered thereon, together with all costs,
reasonable attorneys' fees, expenses and liabilities incurred in and about the defense of any such
claims and the investigation thereof. Nothing herein shall be deemed to indemnify the PJI from
any liability or claim arising out of the negligent performance or failure of performance or willful
misconduct of the PJI.
ARTICLE XIII
SUCCESSORS IN INTEREST
It is hereby covenanted and agreed between the parties that all covenants, conditions,
agreements, and undertakings contained in this Agreement shall extend to and be binding on the
respective successors and assigns of the respective parties hereto, the same as if they were in
every case named and expressed.
ARTICLE XIV
NOTICES
All notices or other communications which may be given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered by personal service or by
certified mail addressed to City and PJI at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which personally
served; or if by certified mail, on the fifth day after being posted or Lhe date of actual receipt,
whichever is earlier:
City OF MIAMI
Joe Arriola, City Manager
City of Miami
Office of the City Manager
3500 Pan American Drive
Miami, FL 33130
PJI
Dr. Bern Levine
Parrot Jungle Island, Inc.
1 111 Parrot Jungle Trail
Miami, Florida 33152
Ito]
03- 864
WITH A COPY TO
Director M. Ronald Krongold, Esq.
Department of Economic Development Krongold & Singer, P.L.
444 SW 2 Avenue, P Floor 201 Alhambra Circle
Miami, FL 33130 Coral Gables, FL 33134
Director
Department of Parks & Recreation
444 SW 2 Avenue, 8`h Floor
Miami, FL 33130
City Attorney
444 SW 2 Avenue, 9h Floor
Miami, FL 33130
ARTICLE XVIII
INSURANCE
(To be confirmed by Risk Management)
PJI, at its sole cost, shall obtain and maintain in full force and effect at all times
throughout the period of this Agreement, the following insurance coverage:
A. Commercial General liability insurance on a Comprehensive General liability
coverage form, or its equivalent, including Property, operations and contractual
coverage's against all claims, demands or actions for bodily injury, personal
injury, death or property damage occurring in or about the Pruhcrty with such
limits as may be reasonably requested by the City from time to time but not less
than $1,000,000 per occurrence combined single limit for bodily injury and
property damage. The City shall be named as Additional Insured on the policy or
policies of insurance.
B. Automobile liability insurance covering all owned, non -owned and hired vehicles
used in conjunction with operations covered by this agreement. The policy or
policies of insurance X1.::11 contain a combined single limit of at least $500,000 for
bodily injury and property damage. The requirements of this provision will be
waived upon submission of a written statement from PJI that no automobiles are
used to conduct business.
C. Worker's Compensation in the form and amounts required by State law.
D. The City of Miami, Division of Risk Management, reserves the right to reasonably
amend the insurance requirements by the issuance of a notice in writing to PJI.
03- 864
PJI shall provide any other insurance reasonably required by the City that is
relevant and related to operating, maintaining and managing the Garden.
E. The policy or policies of insurance required shall be so written that the policy or
policies may not be canceled or materially changed without thirty (30) days
advance written notice to the City. Said notice should be delivered to the City of
Miami, Division of Risk Management, 444 SW 2 Avenue, 9t' Floor, Miami,
Florida 33130, with copy to City of Miami, Office of Economic Development,
444 SW 2 Avenue, 3`d Floor, Miami, Florida 33130, or such other address that
may be designated from time to time.
F. A current Evidence and Policy of Insurance evidencing the aforesaid required
insurance coverage shall be supplied to the Department of Economic
Development at the commencement of the term of this Agreement and a new
Evidence and Policy shall be supplied at least twenty (20) days prior to the
expiration of each such policy. Insurance policies required above shall be issued
by companies authorized to do business under the laws of the State of Florida,
with the following qualifications as to management and financial strength: the
company should be rated "A" as to management, and no less than class "X" as to
financial strength, in accordance with the latest edition of Best's Key Rating
Guide, or the company holds a valid Florida Certificate of Authority issued by the
State of Florida, Department of Insurance, and is a member of the Florida
Guarantee Fund. Receipt of any documentation of insurance by the City or by any
of its representatives which indicates less coverage than required does not
constitute a waiver of the PJI'S obligation to fulfill the insurance requirements
herein.
In the event PJI shall fail to procure and place such insurance, the City may, but shall not
be obligated to, procure and place same, in which event the amount of the premium paid shall be
paid by PJI to the City as an additional fee upon demand and shall in each instance be collectible
on the first day of the month or any subsequent month following the date of payment by the City.
PJI's failure to procure insurance shall in no way release PJI from its obligations and
responsibilities as provided herein.
The City shall procure "All Risk" property insurance against loss or damage by fire,
windstorm, with such endorsements for extended coverage, vandalism, malicious mischief, flood
and special coverage, insuring 100% of the replacement cost of the improvements, fixtur%:;,
equipment, furniture and all other personal property in and about the Property.
ARTICLE XIX
DAMAGE AND DESTRUCTION
1. If the Property shall be damaged by fire, the elements, accident or other casualty (any of
such causes being referred to herein as a "Casualty"), but the Property shall not be rendered
wholly or partially untenantable, the City shall promptly cause such damage to be repaired. If, as
12
03- 864
a result of Casualty, the Property shall be rendered partially untenantable, then, subject to the
provisions of the paragraph 2 below, the City shall cause such damage to be repaired, provided
such damage is not caused by the negligence of PJI, its employees, agents, contractors,
representatives, guests or invitees. In such event, all such repairs shall be made at the expense of
the City. The City shall not be liable for interruption to the PJI's business or for damage to or
replacement or repair of PJI's personal property. The City shall not be obligated to spend more
for the cost of repair than net insurance proceeds recovered with respect to such loss. In this
regard, the City's repair of the Property may not result in the same being restored to its condition
prior to any such Casualty to the extent funds are not so available to fully restore the Property to
its original condition. In the event the cost to repair the Property is less than the net insurance
proceeds received by the City, all excess insurance proceeds shall be remitted to the City.
2. If the Property is (a) rendered wholly untenantable, or (b) damaged as a result of any
cause which is not covered by the City's insurance, or (c) insurance proceeds are insufficient to
restore the Property to a condition reasonably intended to carry out the purposes described in this
Agreement, or (d) damaged or destroyed in whole or in part during the last three years of the
Term (but subject to any renewal options under the Lease), then, in any of such events, the City
may elect to terminate this Agreement by giving to PJI written notice of such election within
ninety (90) days after the occurrence of such event. If such notice is given, the rights and
obligations of the parties hereunder shall cease as of the date of such notice.
Upon any termination of this Agreement under any of the provisions of this Article, PJI
and the City shall each be released thereby from any further obligations hereunder (and under the
Lease with respect to the Japanese Garden) accruing after such termination, except that such
release shall not apply to any sums or obligations then accrued or due, or to any obligation
otherwise surviving the termination of this Agreement.
ARTICLE XX
SEVERABILITY
Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unlawful under the laws of the State of Florida or the City, such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the extent necessary in order to conform
with such laws, and the same may be deemed severable, and in such event, the remaining terms
and conditions of this Agreement shall remain unmodified and in full force and effect.
ARTICLE XXI
WAIVER OF JURY TRIAL
The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right
either may have to a trial by jury in respect of any action, proceeding or counterclaim based on
this Agreement, or arising out of, under or in connection with this Agreement or any amendment
or modification of this Agreement, or any other agreement executed by and between the parties
in connection with this Agreement, or any course of conduct, course of dealing, statements
13
03- 864
(whether verbal or written) or actions of any party hereto. This waiver of jury trial provision is a
material inducement for the City and PJI entering into the subject transaction.
ARTICLE XXII
WAIVER
No failure on the part of either party to enforce or insist upon performance of any of the
terms of this Agreement, nor any waiver of any right hereunder by such party, unless in writing,
shall be construed as a waiver of any other term or as a waiver of any future right to enforce or
insist upon the performance of the same term.
ARTICLE XXIII
AMENDMENTS AND MODIFICATIONS
No amendments or modifications to this Agreement shall be binding on either party
unless in writing, signed by both parties and approved by the City Manager. The City Manager is
authorized to amend or modify this Agreement as needed.
ARTICLE XXIV
COURT COSTS AND ATTORNEY(S)' FEES
In the event it becomes necessary for either party to institute legal proceedings to enforce
the provisions of this Agreement, each party shall bear their own court costs and attorneys' fees
through all trial and appellate levels.
ARTICLE XXV
COMPLIANCE WITH ALL LAWS APPLICABLE
E::,,+ party accepts this Agreeirent and hereby acknowledge_, that its compliance with all
applicable federal, state and local laws, ordinances and regulations is a condition of this
Agreement, and shall comply therewith as the same presently exist and as they may be amended
hereafter. This Agreement shall be construed and enforced according to the laws of the State of
Florida.
ARTICLE XXVI
ADDITIONAL PROVISIONS
1. Mechanic's, Materialmen's and Other Liens. PJI agrees that it will noL permit any
mechanic's, materialmen's or other liens to stand against the Property for work or materials
furnished to PJI; it being provided, however, that PJI shall have the right to contest the validity
thereof. The PJI shall immediately pay any judgment or decree rendered against PJI, with all
proper costs and charges, and shall cause any such lien to be released off record without cost to
the City.
14
03- 864
2. Non -Discrimination. PJI represents and warrants to the City that the PJI does not and
will not engage in discriminatory practices and that there shall be no discrimination in connection
with PJI's performance under this Agreement on account of race, color, sex, religion, age,
handicap, marital status or national origin. PJI further covenants that no otherwise qualified
individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status
or national origin, be excluded from participation in, be denied services, or be subject to
discrimination under any provision of this Agreement.
3. Audit Rights: The City may, at reasonable times, upon reasonable notice and during
regular business hours, and for a period of up to three (3) years following the termination of this
Agreement audit, or cause to be audited, those books and records of PJI which are solely related
to PJI's performance under this Agreement. PJI agrees to maintain all such books and records
for a period of three (3) years after termination of this Agreement.
ARTICLE XXVII
WRITTEN AGREEMENT
This Management Agreement contains the entire agreement between the parties hereto and all
previous negotiations leading thereto.
(CORPORATE SEAL)
WITNESS
WITNESS
ATTFST:
Priscilla A. Thompson, City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
«PJ1+,
PARROT JUNGLE & GARDENS OF
WATSON ISLAND, INC., a Florida
corporation
Dr. Bern Levine, DVM
"City"
CITY OF MIAMI, a municipal
corporation of the State of Florida
Joe Arriola, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
is
03- 864
Alejandro Vilarello,
City Attorney
16
Diane Ericson, Administrator
Risk Management
03- 864
EXHIBIT "A"
Ichimura Miami -Japanese Garden Park Site Plan
433-- 86.4
io%uvuoo3o
(womw
mv.0 Ton w0ow
nown 3u avvjvft
L
Z
03- 864
EXHIBIT "B"
Ichimura Miami4apanese Garden Park Legal Description and Survey
�- f=
WATSONISLAND- JAPANESE GARDEN
LEGAL DESCRIPTION:
A POR 77ON OF "WATSON ISLAND". LYING AND BEING IN SECTIONS 31 AND 32, TOWNSHIP 53
SOUTH, RA,'vGE 42 EAST, MIAMI—DAI_'E COUNTY, FLORIDA, DESCRIBED AS FOLLOWS.
a
" COMMENCE AT A POINT KNOWN AS P. T STA 77ON 25+50 OF THE "OFFICIAL MAP OF LOCA 770/
AND SURVEY OF A PORTION OF SEC77ON 8706, DESIGNATED AS A PART OF STATE ROAD
A -1—A IN DADE COUNTY, FLORIDA" AS RECORDED IN PLAT BOOK 56, AT PAGE 71, OF THE
PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID STA71ON 25+50 ALSO KNOWN AS
STA TION 216+25.58 AS SHOWN ON F.D.O. T. PARCEL SKETCH FOR STATE ROAD A -1—A FOR
c SEC77ON 87060-2576, SHEET 1 OF 1; THENCE S 3008'34" E, ALONG THE BASELINE OF
SURVEY FOR STATE ROAD A -1—A MAC ARTHUR CAUSEWAY AS SHOWN ON SAID FLORIDA
DEPARTMENT OF TRANSPORTA 77ON PARCEL SKE i CH FOR STATE ROAD A -1—A FOR SECTION
87060-2576, SHEET 1 OF 1, FOR 809.42 FEET, THENCE N 59'51'26" E, DEPAR77NG SAID
BASELINE SURVEY, FOR 130.LV FEET TO A POINT ON THE NEW RIGHT—OF—WAY LINE FOR
STATE ROAD A -1—A MAC ARTHUR CAUSEWAY AS SHOWN ON THE ABOVE MEN77ONED PARCE
SKETCH, SAID POINT ALSO BEING THE PGIiJ7 OF BEGINNING OF THE HEREINAFTER OESCRIBEE
PARCEL; THENCE CON77NUE N 59'51'26" E FOR 288.84 FEET TO A POINT ON A CURVE
CONCAVE TO THE WEST, SAID POINT BEARS N 8122'12" E FROM THE CENTER OF SAID CURL
THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
s 1253.00 FEET ANDA CENTRAL ANGLE OF 07;35'06" FOR A DISTANCE OF 165.88 FEET TO A
POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST;
THENCE SOUTHERL Y, SOUTHWES7ERL Y, WESTERL Y AND NOR7HWESTEF Y, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF
93 48'48" FOR A DISTANCE OF 180.11 FEET TO A POINT OF COMPOUND CURVATURE OF A
CIRCULAR CURVE CONCAVE TC THE NORTHEAST; THENCE NORTHWESTERLY, ALO; JG THE ARC
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 136.00 FEET AND A CENTRAL ANGLE OF
57'05'20" FOR A DISTANCE OF 135.51 FEET TO THE POINT OF TANGENCY, SAID POINT ALSO
BEING ON THE NEW ACCESS ROAD RIGHT—OF—WAY UNE FOR STATE ROAD A -1—A MAC
ARTHUR CAUSEWAY AS SHOWN ON THE ABOVE MEN77ONED PARCEL SKETCH, THENCE N
J0106",34" W, ALONG THE PREI'IOUSL Y DESCRIBED LINE, FOR 74.53 TO THE POINT OF
BEGINNING.
CONTAINING 45, 4.9.3 SQUARE FEET MORE OR LESS.
SUR VEYOR'S NOTES AND REPORT. -
OWNERSHIP IS SUBJECT TO OPINION OF TITLE.
EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO
DETERMINE RECORDED INSTRUMENTS. IF ANY, AFFECTING THIS PROPERTY.
F
THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS
SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
03- 864
PBEARINGS SHOWN HEREON ARE BASED ON THE SYSTEM AS SHOWN ON THE F.D.O.T.
oepr71 SKFTCH FOR S.R.A-1—A SECTION 87060-2576 SHEET 1 OF 1, WHERE THE
S4 X51
of 10
F
0
sz N
O�t�• M.120•'`�''
I..tip• S•1.0'�
M_11a' 1
_,zA• ,,
°n
7
6
/
010.
'
.a, 5s�
viol' s-
po.lsl P ��•
OA pal s -w o' --»a•
s-xio-
Ir
0.1x• �- R-133.00'
a-6rO ':D' 1 a
A-136.61'
.7 so—a70-0o-
Cg-SW41'1I
JAPANESE
f•120' T
��. GARDEN
f-Lp CP
�la•46,93 S,f'1.+� amu. •�
rso• 5-/10.00' Area:
5-17.0' �pq
0.1x' lY��'� 0.]a' 0.ir fj
'j-xs6'61's�-a xio �"'m' 0-0.r
,Sa' O.pJ' 7_•,a'
s-,zo' o-oa-
Zff
p1,.1ir s-,z.o• o.dr 1� s -w.
Dox
Gr
cw
It 0
NGLE AND GARDENS
pARROT sJU61-137)
SIN 't
b0T3GDa-
A-186.86 cast+ S10'54'12_S
\ ,- SDp60' 15",
W" P
..
a
.w.
w,o.r.1
03— 864
EXHIBIT "C"
Ichimura Miami -Japanese Garden Park
Terms and Conditions of Financing
To be attached prior to execution
03- 864
EXHIBIT "D"
GRANT BUDGET
To be attached prior to execution
03- 864
EXHIBIT "E"
Grant Agreements
03- 864
12-00461
(LWCF Project Number)
LW461
DEP Contract Number
CFDA Number: 15-916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2001-2002
PROJECT AGREEMENT - DEVELOPMENT
This Project Agreement is entered into between the STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is
3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000
(hereinafter called the "Department"), and the CITY OF MIAMI,
whose address is 444 SW 2nd Avenue, 3rd Floor, Miami, Florida
33130 (hereinafter called the "Grantee"), a local government,. in
furtherance of tnc Watson Island Baywalk project, an app_-oved
outdoor recreation project.
WHEREAS, the Department receives funds for the purpose of
passing through the agency d-: grants to other entities in
accordance with Section 375.021(4), Florida Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes
the Depu.tment to receiv- grants for outdoor recreation and
conservation; and,
WHEREAS, the Grantee has submitted Project Application
274, which has ;'een approved by the Department.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the Department and Grantee do hereby agree as
follows:
1. This Project Agreement shall be effective upon execution of
this Pr -sect Agreement and end no later than 36 months from
executic: of the Project Ayreement, inclusive. :fhe Project
Agreement shall be performed in accordance with Chapter
62D-5, Part VII, Florida Administrative Code, (hereinafter
called the Rule), the Land and water Conservation Fund
(LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as
amended, (hereinafter called the Program), and in
accordance with general provisions for such agreements
prescribed by the United States Department of the Interior
(hereinafter called the USDOI) in the LWCF Grants -in -Aid
Manual, (hereinafter called the Manual). The Grantee agrees
DEP Agreement No. LW461 Page 1 of 14
03- 864
to become familiar with all provisions and comply wl--n the
Rule, effective July 15, 2001, and Manual, which are
incorpora i into this Project Agre ent by reference, as
if fully set forth herein. In the event a dispute should
arise between the parties concerning the intent of any
language herein contained, the same shall be resolved by
the adoption of that meaning which furthers the intent and
purpose of the above referenced Acts of Congress and the
general provisions governing this Project Agreement as set
forth in the Manual. No construction shall be contrary to
the requirements of the Acts of Congress or of the
regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is
the primary pu._pose of the project known as Watson Island
Baywalk (Land and Water Conservation Fund, LWCF Project
Number 12-00461), hereinafter called the Project, and
enters into this Project Agreement with the Grantee for the
development of that real property, the legal description of
which shall be :submitted to the Deoartment as described in
the Land and �:f'ater Conservation Fund Program Approved
Project Document4tion Form, DEP Form FPS -A048. The Approved
Project Application, which includes the Project Elements
(description of project, detailed budget, and anticipated
deliverables), is incorporated into this Project Agreement
by reference as if fully set forth herein. Any revisions
to the Project Elements as set forth in the Approved
Project Application must be formally requested by the
Grantee and, if agreed upon by the De.-artment, the
modifications will be reduced to writing in an amendment to
this Agreement.
3. The Grantee shah construct, or cause to be cons tructeair
specified public outdoor recreation facilities and
improvements consisting of the following Project Elements
which may be modified by the Department if Grantee shows
good cause: walking trail, restroom, lighting, landscaping
and other related suoport facilities.
4. The Pr -_i-'_- Elements identified in Paragraph 3 herein shall
be desigiied and constructed substantially in accordance
with the conceptual site development plan contained in the
Project Application. Project Site facilities shall be
attractive for public use, and generally consistent and
compatible with the environment. Plans and specifications
for Project Site improvements and facilities shall be in
accord with current and established engineering and
architectural standards and practices. Emphasis should be
given to the health and safety of users, accessibility to
the general public, and the protection of the recreational
DEP Agreement No. LW461 Page 2 of 14
03- 864
and natural values oZ the area. Tn1b 511.0 LA t- V C-vekLLc♦:- nidi:
may be altered by the Grantee, only after approval by the
Department Any and all utility lin installed within the
park shall be placed underground. 'lne Grantee shall have
the final site development plan (site engineering and
architectural) prepared by a registered architect or
engineer licensed in accordance with the laws of the State
of Florida.
5. A. The Department shall pay the Grantee on a
reimbursement basis the eligible Grant amount not to
exceed $200,000.00, which will pay said federal
Program's snare of the cost o` the Project. Prcgram
funding limits are based upon the following:
Total Department Program Amount $200,000.00
Grantee Match Amount $200,000.00
Total Project Cost $400,000.00
""� pe of Matchash and/or In -kin_? Services]
B. Within sixth (60) days after receipt of the request,
the Department's Grant Manager shall review the
completion documentation and payment request from the
Grantee for the Project. If the documentation is
sufficient and meets the requirements of the Land and
Water Conservation Fund Program Completion
Documentat'_on Form, DEP Form FPS -A051, refere^.c-d in
s. 62D -5.073(7)(e)2, the Department will approve the
requ st- for payment.
6. In addition to the invoicing req,,zlrements contained in
paragraph 5 above, the Department will periodically request
proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the Agreement
pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. This information
when requested must be provided within 30 calendar days of
such request. The Grantee may also be required to submit a
cost al ;_-::tion plan to ti_ Department in s•uppc~t of its
multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for amounts due
under this Agreement shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof.
State guidelines for allowable costs can be found in the
State Comptroller's Voucher Processing Handbook at
http://www.dbf.state.fl.us/aadir/tochandbk.html and allowable
costs for federal programs can be found under 48 CFR Part
31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html
DEP Agreement No. LW461
Page 3 of 14
03- 864
u11- X11 u...--- - - i , -- - - -,
http://www.whitehouse.gov/omb/circulars/index.html#numerical.
7. Reimburseme-c for travel expenses is nc authorized under this
Project Agreement.
8. The Grantee agrees to comply with the Division of Recreation
and Parks' Grant and Contract Accountability Procedure,
hereinafter called the Procedure and incorporated into this
Project Agreement by reference as if fully set forth herein.
All purchases of goods and services for accomplishment of
the Project shall be secured in accordance with the
_intee's adopted procurement piccedures. Expenses
representing the Project costs, including the required
matching contribution, shall be reported to the Department
and summarized on certification forms provided in the
Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed
under the Project. The parties further agree that the
principles for determining the eligible costs, supporting
documentation and minimum rE,:orting requirements of the
Procedure shall be used.
9. Allowable indirect costs as defined in the Procedure shall
not exceed 15% of the Grantee's eligible salaries/wages.
Indirect costs that exceed 15% must be approved in advance
in writing by the Department to be considered eligible
Project expenses.
10. Project Binds may be reimh-•rsed for eligible Pr_eagreement
Expenses (as defined in s. 62D-5.069(31) of the Rule)
incurred by Grantee prior to execution of this Project
Agreement as set forth in, s. 62D-5 . C'/ 3 (2) (a) of the Raie.
The Department and the Grantee fully understand and agree
that there shall be no reimbursement of Project funds by
the Department for any expenditure made prior to the
execution of this Project Agreement with the exception of
the following expenditures which mei- the requirements of
the foregoing sections of the Rule.
Preagreeuient Costs Approved: None
11. Prior to commencement of Project development, the Grantee
shall submit the documentation required by the Land and
Water Conservation Fund Program Development Project
Commencement Documentation Form, DEP Form . FPS -A050,
referenced in s. 62D -5.073(7)(e) of the Rule, to the
Department. Upon determining that the documentation
complies with the Rule, the Department will give written
notice to Grantee to commence the development and approve
DEP Agreement No. LW461 Page 4 of 14
03- 864
1.11C tCyLLCSI. zor Payment .
Therefore, -.he Grantee shall formal acknowledge receipt
of the foliowing documents after execution of this Project
Agreement. It is understood that the documents listed below
must be filled out by the Grantee and returned to the
Department after execution of this Project Agreement.
Required Project Commencement Documentation for Development
Agreements:
A) Boundary Survey
B) title Search
C) Certification of Manual Possession
D) Site Plan (2 copies)
E) List of Facilities and Improvements for
Construction with Related Costs
F) Permitting Certification
G) Division of Recreation and Parks` Grant and
Contract Accountability Procedures.
12. The Grantee shall obtain all required local, state and
federal permits Fand approvals prior to commencement of
Project construction and shall certify that it has done so
to the Department by completing the Permitting
Certification, DEP Form FPS -A052, referenced in s. 62D -
5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete ali Project construe. -on by the
completion date of
14. Project completion means the Project is open and available
for use by the public. i'ne Project must bt completed prior
to release of final reimbursement.
15. The Grantee shall maintain books, records and document
directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles
consistently applied. The Department, the State, or their
authorized --resentatives shall have access IL, r) such
records for audit purposes during the term of this
Agreement and for five years following Agreement
completion. In the event any work is subcontracted, the
Grantee shall similaly require wach subcontractor to
maintain and allow access to such records for audit
purposes.
16. In addition to the provisions contained in Paragraph 15
above, the Grantee shall comply with the applicable
provisions contained in Attachment A. A revised copy of
DEP Agreement No. LW461 Page 5 of 14
03- 864
Attachment A, Exhibit -1, must be provictea to the grantee
with each amendment which authorizes a funding increase or
decrease. The revised Exhibit -1 ;hall summarize the
funding sources supporting the Project Agreement for
purposes of assisting the Grantee in complying with the
requirements of Attachment A. If the Grantee fails to
receive a revised copy of Attachment A, Exhibit -1, the
Grantee shall notify the Department's Grant Manager at
850/488-7896 to request a copy of the updated information.
17. Following receipt of an audit report identifying any
reimbursement due the Department for the Grantee's
noncompliance -th this Project tireement, the Grant ---e will
be allowed a maximum of thirty (30) days to submit
add_�'_ional pertinent documentation to offset the amount
identified as being due to the Department. The Department,
following a review of the documentation submitted by the
Grantee, will inform the Grantee of any reimbursement due
the Department.
18. The Grantee, as an independent contractor a:,d not an agent,
representative, a•,r employee of the Depar.-.ment, agrees to
carry adequate liability and other appropriate forms of
insurance. The Department shall have no liability except
as specifically provided in this Project Agreement.
19. To the extent required by law, the Grantee will be
self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance
for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the Grantee
shall require the subcontractor similarly to provide
Workeis, Compensation insurance for all of the latter's
employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance
program or insurance coverage shall comply fully with the
Florida Workers' Compensation law. In case any class of
emplo::,ees engaged in hazardous work under this Agreement is
not protected under Florida Workers' Compensation law, the
Grantee shall -provide, and cu.. e each subcontractor to
provide, adequate insurance satisfactory to the Department,
for the protection of those employees not otherwise
protected.
20. The purchase of non -expendable equipment is not authorized
under the terms of this Agreement.
21. The Department's Grant Manager for the purpose of this
Project Agreement shall be responsible for ensuring
performance of its terms and conditions and shall approve
DEP Agreement No. LW461 Page 6 of 14
03- 864
Liaison Agent (also known as Grantee's Grant Manager), as
identifies' in the Project Applicatir or successor, shall
act on be.-..,lf of the Grantee relati�- to the provisions of
this Project Agreement. The Grantee's Liaison Agent, shall
submit to the Department signed Project status reports
every ninety (90) days summarizing the work accomplished,
problems encountered, percentage of completion, and other
information which may be requested by the Department.
Photographs to reflect the construction work accomplished
shall be submitted when the Department requests them. Any
and all notices shall be deemed effective and sufficient if
s :,L via U.S. mail, facsimile (fax) , or b hand -delivery to
the parties at the following addresses:
Grantee's Liaison Agent
mvxmm
City of Miami
444 SW 2nd.Avenue, 3rd Floor
Miami, FL, 33130
Suncom Phone:
Fax: 305/416-2156
Email: kcarswell@ci.miami.fl.us
Mr. Keith A. Carswell, Director
Phone: (305)416-1411
Department's Grant Manager
Collier Clark
Department of Environmental Protection
3900 Commonwealth Boul=.vard, MS 585
Tallahassee, Florida 32399-3000
Phone: (850) 488-7896
Suncom Phone: 278-7896
Fax: (850) -188-3665
Suncom Fax: 278-3665
Email: collier.clarks@dep.state.fl.us
22. Prior to final reimbursement, the Grantee must erect a
permanent information sign on the Project site which
credits Project funding or a portion thereof, from the Land
and water Cons ervat_.�n Fund Program through the USDOI and
the Department.
23. The Department and USDOI have the right to inspect the
Project and any and all records related thereto at any
reasonable time.
24. This Agreement may be
Department for refusal
access to all documents,
made or received by the
DEP Agreement No. LW461
unilaterally canceled by the
by the Grantee to allow public
papers, letters, or other material
Grantee in conjunction with this
Page 7 of 14
03- 864
Agreement, unless the recoras are CXC111J)i l Lviu �x
of Article I of the State Constitution and Section
119.07(1) ,lorida Statutes.
25. Prior to the closing of the Project the Department shall
have the right to demand a refund, either in whole or in
part, of the LWCF funds provided to the Grantee for non-
compliance with the material terms of this Project
Agreement. The Grantee, upon such written notification from
the Department, shall refund, and shall forthwith pay to
the Department, the amount of money demanded by the
Department. Interest on any refund shall begin the date
that the Grantee was info -,--.-ed that a refunu was required
until the total refund and interest is paid to the
Department.
26. If the United States, acting through the USDOI, the
Secretary of the Interior, or any other branch of the
government of the United States, acting within the scope of
its lawful autrc-ity, should for an_ reason demand a re`und
from the Depart n.C_.t, in whole or �a part, of the -,.:nds
provided to the:Grantee under the terms of this Project
Agreement, the ` Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith
repay directly to the Department the amount of money
demanded.
27. The Gra^:tee shall comply w -th all federal, state and local
laws, rules, regulations and ordinances in developing this
Project. The Grantee acknowledges that this requirement
includes compliance with all federal, state and local
health an -1 safety rules and regulations including all
applicable building codes. The Grantee further agrees to
ensure that the Grantee's contract will include the
requirements of this paragraph in all subcontracts made to
perform this Project Agreement.
28. Competitive open bidding and purchasing for cons ruction of
said Project facilities or improvements shall comply with
applicable law. and the Manual. F-llowing completion
of Project construction, the Grantee's Liaison Agent shall
provide the Department with a statement certifying that all
purchases or contracts for construction were competitively
bid pursuant to applicable law and the Manual.
29. If asphalt paving is required for the Project it shall
conform to the Florida Department of Transportation's
specifications for road and bridge construction. Bid
specifications, contracts and/or purchase orders of the
DEP Agreement No. LW461
Page 8 of 14
03- 864
vrantee must specizy tnicxness of aspna!t ana square yaras
to be paved.
30. By acceptance of the provisions of this Project Agreement,
the Grantee does hereby agree to dedicate the Project Site
and all land within the Project boundaries, identified in
Paragraph 2 herein, in perpetuity as an outdoor recreation
site for the use and benefit of the public, as stated in s.
62D-5.074(1) of the Rule. Execution of this Project
Agreement by the Department shall constitute an acceptance
of said dedication on behalf of the general public of the
5ztate of Florida. The Grantee represents that it has
z�,,,:fficient site conl_.-ol to enable thy- dedication. All
dedications must be promptly recorded in the county's
official pi_:blic records by the Grantee.
31. The Grantee agrees to operate and maintain the Project site
as stated in s. 62D-5.074(2) of the Rule. The Project
site, Project -related facilities, and any future outdoor
recreation facilities developed on the Project site shall
be open to the general public for outdoor recreation use,
maintained in accordance with applicable health and safety
standards, and ``kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee
covenants that it has full legal authority and financial
ability to develop, operate and maintain said Project -
related facilities and improvements as specified within the
berms of this Project Agreement. The r7rantee shall obtain
Department approval prior to any and all current or future
development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
32. The Grantee shall not, for any reason, convert all or any
portion of the park for any purpose other than public
outdoor recreation without prior approval of the USDOI and
the Department pursuant to Section 6 ( f) (3 ) of the LWCF Act
and the Manual and s. 62D-5.074(3) of the Rule.
33. Failure to comply with the provisions of the Rule or the
terms and conditions of' this Agreement :ill result in
cancellation of the Project Agreement by the Department.
The Department shall give the Grantee in violation of the
Rule or this Project Agreement a notice in writing of the
particular violations stating a reasonable time to comply.
34. In the event of conflict in the provisions of the Rule, the
Project Agreement and the Project Application, the
provisions of the Rule shall control over this Project
DEP Agreement No_ LW461 Page 9 of 14
03- 864
Agreement and this Project Agreement sna --1--
Project Application documents.
35. If the Department determines that site control is not
sufficient under the Rule or has been compromised, the
Department shall give the applicant a notice in writing and
a reasonable time to comply. If the deficiency cannot be
reasonably corrected within the time specified in the
notice, the Department shall cancel this Project Agreement.
36. In accordance with the LWCF Act, Program funds will be made
available contingent upon an annual appropriation to each
State by Congress. The _tate of Florida's performance and
obligation to pay under this Agreement is contingent upon
an annual ar;propriation of sending authority by the
Florida Legislature. The parties hereto understand that
this Agreement is not a commitment of future
appropriations.
37. A. The Grantee certifies tha` no Federal appropriated
funds have been paid or will be paid, on or after
December 22 j 1989, by or on behalf of the Grantee, to
any person for influencing or attempting to influence
an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an
employee of a Member of Congress, in connection with
the awarding, renewal, amending or modifying of any
7ederal contract, grant, or cooperative agreement. If
a:iy non -Federal funu3 are used for loobying activities
as described above, the Grantee shall submit
Attachment B, Standard Form -LLL, "Disclosure of
Lobbying ^tivities" (attached hereto and made part
herecf), and shall file quarterly updates of any
material changes. The Grantee shall require the
language of this certification to be included in all
subcontracts, and all subcontractors shall certify and
disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes,
t`-_- Grantee is hereh11 prohibited fa -,m using funds
provided by this Agreement for the purpose of lobbying
the Legislature, the judicial branch or a state
agency.
38. A. No person on the grounds of race, creed, color,
national origin, age, sex, marital -status or
disability, shall be excluded from participation in;
be denied the proceeds or benefits of; or be otherwise
DEP Agreement No. LW461
Page 10 of 14
03- 864
subjected to discrimina-ion in performance or this
Project agreement.
B. An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public
entity, may not submit a bid on a contract with a
public entity for the construction or repair of a
public building or public work, may not submit bids on
leases of real property to a public entity, may not
award or perform work as a contractor, supplier,
subcontractor, or consultant Ander contract with any
public entity, and may not transact business wit:: any
public entity. The Florida Department of Management
Services is responsible for maintaining the
discriminatory vendor list and intends to post the
list on its website. Questions regarding the
discriminatory vendor list may be directed to the
Florida Department of Management Services, Office of
Supplier Diversity at (850)487-0915.
39. Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees and
agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the
provisions of s. 768.28, Florida Statutes, and other
statutes that provide immunity to the Department or the
State.
4r A person or aff.liate who has been placed on the convicted
vendor list following a conviction for public entity crime
may r_: t perform work a,- ' grantee, contractor, supplier,
subcontractor, or consultant under a contract with any
public entity, and may not transact business with any
public entity in excess of the threshold amount provided in
S. 287.017, Florida Statutes, or Category Two, for a period
of 36 months from the date of being placed on the convicted
vendor list.
4 A. In accordance with Executive Order 12549, Debi.--ment
and Suspension (43 CFR Part 12.100-.510), the Grantee
shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any
federal department or agency; and, that the Grantee
shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person
who is similarly debarred or suspended from
DEP Agreement No. LW461
Page 1 1 of 14
03- 864
participating in this covered transaction, un-ess
authorized in writing by USDOI to the Department.
B. Upon execution of this Agreement by the Grantee, the
Grantee shall complete, sign and return a copy of the
form entitled "Certification Regarding Debarments,
Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions", attached
hereto and made a part hereof as Attachment C.
C. As required by paragraphs A and B move, the Grantee
shall include the language of this section, and
Attachment C in all subcontra--:�.- or lower tier
agreements executed to support the Grantee's work
under --his Agreement.
42. This Project Agreement has been delivered in the State of
Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this
Project A(7,. gement shall be in` �rpreted in such manner as to
be effective and valid under applicable law, but if any
provision of this Project Agreement shall be prohibited or
invalid under applicable Florida law, such provision shail
be ineffective to the extent of such prohibition or
invalidity, without invalidating -L-he remainder of such
provision or the remaining provisions of this Project
Agreement. Any action hereon or in connection herewith
shall be brought in T:eon County, Florida unless prohibited
by applicable law.
43. No delay or failure to exercise any right, power or remedy
accrui::g to either party upon breach or default by either
party under this Project Agreement, shall impair any such
right, power or remedy of either party; nor shall such
delay or failure be construed as a waiver of any such
breach or default, or any similar breach or default
thereafter.
44. This Project Agreement is not intended nor shall it be
construed as gr ..-,--ing any rights, r.rivileges or interest in
any third party without mutual written agreement of the
parties hereto.
45. This Project
be assigned
approval of
Agreement is a.
in whole or in
the Department.
exclusive contract and may not
part without the prior written
46. This Project Agreement represents the entire agreement of
the parties. Any alterations, variations, changes,
DEP Agreement No. LW461
Page 12 of 14
,)3- 864
moaizications or waivers or
Agreement shall only be valid
to writin duly executed by
and attached to the original of
provisions o2 tnis riv�c�
when they have been reduced
each the parties hereto,
this Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW461
Page 13 of 14
03- 864
iN wli'NESS WHEREOF, the part -,It, -6 nereL�- L,caubGu --
Agreement to be duly executed, the day and year last written
below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By.
Division Director
Division of Recreation and Parks
anu State Liaison Officer
(Or Designee)
Date:
ATTEST:
Priscilla Thompson
City Clerk
Address: `
Bureau of Design and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallah ssee, Florida 32399-3000
DEP Grant Manager
CITY OF MIAMI
By:
Person Authorized to Sign
Joe Arriola
Printed Name
City Manager
Title
Date:
Address: c='1 Pan American Drive,
Miami, FL 33133
Approved as to Insurance Requirements:
oM-
Diane •-icson, Director, Risk "anagement
Approve
and Correctness:
Approved as to Form and Legality a ro Vilarello, City Attorney
for use for one year by Suzanne n 1
Assistant General Counsel, on
February 19, 2003.
Grantee Attorney
Attachments:
Attachment A - Special Audit Requirements (5 pages)
Attachment B - Disclosure of Lobbying Activities (2 pages)
Attachment C - Certification Regarding Debarment/Suspension (2 pages)
FPS -A046
Revised 01/03
DEP Agreement No. LW461 Page 14 of 14
V-"3-179)3- 864
ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", 'DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Se:!;on 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures ma} include, but not be limited r, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with anv inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient i; a State or local government or a non-profit organization as defined in OMB
Circular A-133. as revised.
In the event that the recipient expends 5300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as , cvicpt will meet the requirements rhis part.
In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMP' Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Fe.!... ii resources (i.e., the cost of s.. an audit must be paid from r, resources
obtained from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at htti)://as2e.os.dhhs.gov/cfda.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. Lw361. Attachment A. Page I of 5
DEP 55-'-15 (01/02)
03- 864
PART II: STATE FUND—n
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
5300,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State financial assistance
received from the Den^rtment of Environmental Pr : section, other state agencies, and ether nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the : .-ipient expends less than S300,f'00 in State financial assistance in its Fiscal year, an audit conducted
in accoraance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance=with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resourc. ,; tained from other than State entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at hrM:;Isun6.dms.state. fl.tts/fsaa/catalog.him or the
Governor's Office of Policy and Budget website located at http:.';www•.eog.state. fl. us/ for assistance. In
addition to the above -bsites, the following websites ray be accessed for informatio7. Legislature's
Website Iitty /www. leo. state. A. us,,, Governor's Website http://www.flstov.com', Department of Banking
and Finance's Website ht www.dbf.state.fl.U�,. and the Auditor General's Website
http:/i www. state. fl. us, audgen.
PART III: `)"LITER AUDIT REQUIREME;NTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m). Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for fu ;,lino the full cost of such additionci: audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LW461. Attachment A. Page 2 of 5
DEP 55-215 (01/02)
03- 864
B. The Fe ' 31 Audit Clearinghouse designated in OMB r ular A-133, as revised (the number of
copies ._.juired by Sections .320 (d)(1) and (2), OMD Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
Pursuant to Section .320(f), OMB Circular a-111, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), va.113 Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Eavironmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The A4ui for General's Office at the folio •, io- address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I I 1 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or .
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 4(
2600 Blair Stone Road
Tallahassee, Fi:aidn 32399-2400
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
DEP Agreement No. LW461. Attachment A, Page 3 of 5
DEP 55-215 (01102) 13 3 "864
PART Y: RECORD RF^",NTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW461, Attachment & Page 4 of 5
DEP 55-215 (01/02) 03-
864
EXHIBI r — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Re ci lent Pursuant to this Agreement Consist of the Following:
Federal
Program CFDA
Number Federal Agency Number CFDA Title
12-00461 U.S. Department of 15-916 Land and Water Conservation Fund
Interior
State
Appropriation
:undinl Amount Cateqory
$200,900-00 140001-03
DEP Agreement No. I.W461, Attachment A, Page 5 of 5
DEP 55-215 (01102)
A reement Consist of the Followin M tchin Resources for Federal
CFDA Title Fundin Amount
Programs:
tate
Appropriation
Cate o
State Resources Awarded to the Recipient Pursuant to this
Federal
Program
Number Federal Agency CFDA
to Section 215.97
Funding Amount
F.S.:
State
Appropriation
Category
DEP Agreement No. I.W461, Attachment A, Page 5 of 5
DEP 55-215 (01102)
State Resources Awarded to the Reci
State
Program Funding Source
Number
cent Pursuant to this .� reement
Catalog of
State
Financial
State Assistance
Fiscal Yf: r Number
Consist of the Following Resources Subject
CSFA T,;!e
or
Funding Source Description
to Section 215.97
Funding Amount
F.S.:
State
Appropriation
Category
Total Award
$200,000.00
Miy
For each program
[gip•! acne os dhhs
funds are to be
identified above, the recipient shall comply with the program requirements desc ,,,-,d
govtcfda] and/or the Florida Catalog of State Financial Assistance (CSFA)
used are Included In the Contract scope of services/work. Any match required
In the Catalog of Federal Domestic Assistance (CFDA)
The services/purposes for which the
by the reclplent Is clearly Indicated In the Contract.
DEP Agreement No. I.W461, Attachment A, Page 5 of 5
DEP 55-215 (01102)
0349-0046
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See averse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
❑
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. material change
c. cooperative agreementb.
initial award
d. loan
c. post -award
For Material Change Only:
e. loan guara _
f. loan insurance
year quarter
date of last report
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter Name
and Address of Prime:
❑ Prime ❑ Subawardee
Tier , if known:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
S
10. a. Name and Address of Lobbying Entity
b. Individuals Performing Services (i 'ceding address if
(if individual, last name, first name. ,191)
different from No. 10a)
(last name, first name, MI).-
I):(attach
(attachContinuation Sheet(s)
SF-LLLA, i necessary)
Signature:
11. Information requested through this form is autborized by title 31 U.S.C.
section 1352 This disclosure of lobbying activities is a material
Print Name:
representation of fact upon which reliance was placed by the tier above
when this tramaetion was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported to Congress
Title:
semi-annually and will be available for public inspection Any person wbo
fails to file the required disclosure sball be subject to a civil penalty of not
Telephone No.: Date:
less than 510,000 and not more than 9100,000 for each such failure.
Federal Use Only:
Authorized for Local Reproduction
Standard Form — LLL (Rev 7 — 97)
Form DEP 55-221(01/01)
DEP Agreement No. LW462, Attachment B, Page 1 of 2 864
INSTRUCTIONS FOP, COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial riling and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identifv the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates Cit is or
expects to be, a prime o:- -;:baward recipient. Identify the tier of the subawardee, e.g., the fust
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
low—, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Reque.-,t for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001."
For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or S.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered 1 ederal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
irum 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including summons
for reducing this burden, to the Once of Management and Budget, Paperwork Reduction Project (0348.0046), Washington, D.C. 20503.__
Form DEP 55-221 (01/01)
DEP Agreement No. LW462, Attachment B, Page 2 of 2
,)3_ 864
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW462
The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by anv Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal. State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or evilly charged by a governmental emay (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a three-year#eriod preceding this certification had one or more public transactions (Federal. State or
local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this day of , 20
By
Form DEP SS -220 (01/01)
Authorized Sigr,ature/Contraetor
Typed Name/Title
Contractor's Firm Name
Street Address
Building, Suite Number
City/StatvZip Code
Area CodoTelephone Number
Page 1 of 2
DEP Agreement No. LW462, Attachment C Page 1 of 7 03— 864
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Dcp L :hent of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying parry learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have dre meanings set out in the
"efinitions and Coverage sections o riles implementing Executive Order 1_549. You may contact the perso:r which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submittAk this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contact, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying panty further agrees by executing this contract that it will include thi; clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction." without modification, in all
contracts or lower c .. covered transactions and in all solicitations for lower tier covered transacuuns.
7. A participant in a covered transaction may rely upon a certificatiu;i of a prospective participant in a lowci tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
fro: 0 covered transaction, unless it krnws that the certification is erronec,is. A participant may decide the myth;)' and
frequcc-; by which it determines the eligl _ ilLy of its principals. Each participant may, but is not required to. check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, it :'i :h!e, or voluntarily excluded from ?--icipation in this transaction, in i.:::ion to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01/01) Page 2 of 2
DEP Agreement No. LW462, Attachment C, Page 2 of 2 864
EXHIBIT "F"
The Commemorative Association for the Japan World Exposition
23
03- 864
(UNOFFICIAL TRANSLATION)
To: Ms. Arleen Weintraub -Acting Director for the City of Miami in
partnership with the Coalition to Reconstruct the Japanese Garden
From: Tetsuro Kawakami, President of The Commemorative Association for
the Japan World Exposition
Regarding: Notice of Decision on Grant from the Japan Exposition
Commemorative Fund 2002
Date= June 13, 2002
Number of the utter on notice: 34
Project Number= 120 `
It is our pleasure to inform you that the Ichimura-Miami Japan
Garden Environmental Reconstruction Initiative has been accepted for the
Japan World Exposition Commemorative Fund 2002 Grant.
The information regarding the grant is as follows:
1. The Proposed Project
(1) Title of Proposed Project: Ichimura-Miami Japan Garden Environmental
Reconstruction Initiative
(2) Contents of the Project: According to the application of the proposed
project
(3) Date of the Completed Project= March 31, 2003
(4) Grant Applicable Expenses: See Attachment
03- 864
2. The Content of the Decision
Maximum Amount of Grant: ¥20,000,000
Sincerely yours,
Tetsuro Kawakami
Chairman of the
Commemorative Association
for the Japan World Exposition
03— 86
ITEMIZED STATEMENT OF EXPENSES FOR SUPPORT OF PROJECT
EXPENSEITEMS
AMOUNT
REMARKS
Materials
W30,426,000
*64.602,000
#95,028,000
Total Maximum
Amount of Grant
X20,000,000
Construction
Total
03- 864
TT-tv of ffliami
XLEES� R. WEINTRAUB F
Director
e a
July 19, 2002
Project No.: 02-120
To: Testsuro Kawakami
President
Commemorative Association
For the Japan: World Exposition (1970)
PAYMENT PROCEDURE NOTIFICATION
CARLOS A. GIMENEZ
City Manager
Name of Project: Ichimura Miami -Japan Garden Environmental Reconstruction Initiative
At the appropriate time, please deposit the grant from your Association in the following
bank account. Upon your completing the transfer procedure at your bank, we will
immediately acknowledge receipt thereof.
1. Name of Bank: First Union National Bank
2. Address of lank: 200 South Biscayne Boulevard, 151h Floor
Miami, FL USA 33131
'attention: Scott Kreiger
Telephone: 01 305 789 5035
3. Type of Bank Account: Current Deposi General Deposit
4. Account Number: 2696204833948
5. Routing Transit Number: 063000021
6. Name of Account Holder: City of Miami
Sincerely,
Arleen Weintraub, Director
Department of Real Estate and Economic Development
City of Miami
United States o fAmerica
DEPARTMENT OF REAL ESTATE & ECONOMIC DEVELOPMENT 03— 8 6' 4
. 2nd-\%-cnue. 3rd Floor/Miami. FL 33130/.30S) 41b-1.135aelecopier: (305, alb -2156 v
P.O. Boz 330708 A-liami. Florida 33233-0708
ARLEEN R. WEINTRAUB
Director
CIT-tv of fflizvmi
July 19, 2002
Project No.: 02-120
To: Testsuro Kawakami
President
Commemorative Association
For the Japan World Exposition (1970)
PLEDGE to EXECUTE the PROJECT
CARLOS A. GIMENE
City Manager
Name of Project: Ichimura Miami -Japan Garden Environmental Reconstruction Initiative
In executing the Project, the City of Miami in partnership with the Coalition to Reconstruct
the Japanese Garden, pledge to follow the conditions stated in the "Notice of Decision on
Grant" issued on July 9, 2002, No. 02-120.
Thank you very much for your acceptance. We look forward to working with your
organization, the local Japanese Consul General Mr. Ko Kodaira, and Mayor Yoshinori
Akasaki in our sister city of Kagoshima to rebuild the Ichimura Miami -Japan Garden on
Watson Island.
Sincerely.
Arleen Weintraub, Director
Department of Real Estate and Economic Development
City of Miami
United States of Am:•ica
cc: The Honorable Ko Kodaira, Japanese Consul General in Miami
Mayor Yoshinori Akasaki. City of Kagoshima
Dr. Bern Levine, Parrot Jungle & Gardens
Mr. Jeff Shimonski, Parrot Jungle & Gardens
Ms. Agnes Youngblood, Friends of the Japanese Garden
Mr. Kazuo Osano, Ricoh San-ai Group
DEPART:.MENT OF REAL ESTATE & ECONOMIC DEVELOPMENT
111 S.W. 2nd Avenue. 3rd Floor/Miami. FL .33130i (3051 a +16- +35/relecopier:005+ 416-2156 4
P U. Box 330708 :Miami. Florida 33233-07,08
EXHIBIT "G"
Safe Neighborhood Parks Bond Program Agureement
24
03- 864
SAFE NEIGHBORHOOD PARKS BOND rROGRAM
SERIES 02 INTEREST EARNINGS
Discretionary Interest Earnings
AGREEMENT
his Agreement, made this --�day of .200 3 , by and
between Miami -Dade County, a political subdivision o, the State of Flori( ounty) through -its
Office of Safe Neighborhood Parks (Office), located at 10710 S.W. 211 Street, loom 109,
Miami, FL 33189, and City of Miami (Grantee) having offices at 444 S. W. 2"d Avenue,
Miami, FL. 33130 states conditions and covenants for the rendering of Safe Neighborhood Parks
Bond project (Project(s)) for the County.
WHER F AC, the 66_ens of Miami -Dade County have authorized the issuance of general
obligation bonds for the pl,rpose of fia=cing 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 narks 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 tui reimbursement pursuant to the terms of the Ordinance;
NOW, THEREFORE, t'ie parties agree as follows:
I_ SCOPE OF SERVICE & BUDGET SUMMARY. The Grantee agrees to render services
in accordance with the Brief 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).
II. ADMINISTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to abide by
and be g,.verned by the Administrative pules for Specified Project Grants, Per Capita Allocation
Grants, Challenge Grants, and Interest Earnings, and the Bond Ordinance, copies of which have
been provided the Grantee by the Office. Without Limiting the generality of the preceding
sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 & Rules, IOB); Breach of
Agreement (Rules, 1 OB(6) & 11 F); Termination (Rules, 11 F); Prohibited Use of Funds (Rules,
IOD4); Required Documentation (Rules, 1 1D & 12); Operating Funds (Ord., Sec. 5(b)(1));
Completion of Project and Supplemental Funding (Rules, 106(I5)); and Audits (Ord., Sec. 13 &
Rules, 1 1 A).
03- 864
III. EFFECTIVE T. N. Both parties agree that the effect, term of this Agreement shall
be from December 1, 2000 to November 30, 2005. 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
this Agreement, shall not exceed $785,065 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 & Rules, 10 B (8)).
V. FUNDING COMMITMENT. In the event that the project(s) requires further funding,
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. FUNDrN, G REQUIREMENTS & 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 CommittCe.
B. Failure by Grantee to produce the dollar for dollar cash match, unless waived by
the Safe Neighborhood Parks Grants Review Sub -Committee at their September 19, 2002
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. CONTi i, )`S 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 fencing 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.
VIII. INDEMNIFICATION BY GRANTEE.
Citv of ?Miami shall indemnify and hold harmless the County and its officers, employees,
2
03- 864
agents, and instrumental. :s from any and all liability, losses or N, unages, 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 Miami or its employees, agents, servants, partners, principals or subcontractors. City of
Miami 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. City of Miami expressly understands and agrees that any insurance
protection required by this Agreement or other,,v1se provided by the City of Miami 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.
IX. INSURANCE.
If the Grantee is the State of Flon ida or an agency or political subdivision of the State as
defined by Section 768.28, Florida Statutes, the Grawee shall furnish the County, upon request,
i'ten verification of liability pr:)tection in accordance with Section 768.28, Florida Statr'es.
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 I IA, 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 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
emplo; ment 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
Disabilitv 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 violati,-i'i c these Acts, the County ill 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.
3
03- 864
XI. CONFLICT OF LNTEREST. 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 et
al. 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.
XII. INDEPENDENT PRIVATE -SECTOR INSPECTOR GENERAL. The County shall have
the right, but not the obligation to require the Grantee, at the Grantees own cost, to retain the
services of an independent private -sector inspector general (IPSIG) who may be engaged to
audit, investigate, monitor, oversee, inspect ana review the operations, activities and
performance of the Grantee and County in connect:oii with this agreement. The :Nope of
services performed by an IPSIG may include, but are not limited to, monitoring and investigating
compliance with Agreement; project costs; and investigating and preventing corruption and
fraud.
The IPSIG may perform its services at all levels of the contracting 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 an(r elected
officials.
Upon ten (10) days written notice :to Grantee from an IPSIG, the Grantee shall make all
requested records and documents available to the IPSIG for inspection and copying. The IPSIG
shall have the right to examine all documents and records in the Grantee's possession, custody or
control which in the IPSIG's sole judgment pertain to performance of the Agreement, including
but not limited to original estimate files, bid and change order estimates, worksheets, proposals
and agreements from and with successful and unsuccessful subcontractors and suppliers, all
project -related correspondence, memoranda, instn.Ltions, financial documents, construction
documents, bid and agreement documents, back -charge document, all documents and records
which invoh e cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentation for the aforesaid
documents and record-...
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 an 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.
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
4
03- 864
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 order.
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 coor&iate 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 p-irformed under Section XI "Independent Private-Sa for Inspector General".
The provisions in this section shall apply to the Grantee, its officers, agents and employee--. The
Grantee shall incorporate the provisions in this section in all subcontracts and all other
agreements executed by Grantee insconnectiou 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. NOTICE.-•. 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) of delivered to the address appearing on page one (1) of this Agreement
shall constitute �... f1- ::.: lent notice to either pay,.-
XV.
ay`v
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 finding 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.
-`,' I. 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, 11 F).
XVII. MISCELLANEOUS.
5
03- 864
A. Governing 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 Florida and shall be governed according to the laws of
the State of Florida. Proper venue for this Agreement shall be Miami -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 4 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. Azreement Contact. The County's representative for this agreement is Beverly N.
Mirmart, D.P.A. The Grantee's representative for this agreement is Maria Perez, City of Miami
Park & Recreation Department.
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 10 (D) (2) (c) of the Rules,
such percentage shall not exceed %. This 1:crcentage 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.
Subcontracts. Any !�::bcontracts written under the provisions of the Ordinance
(Sections 5 (b) (5) and 8 (c)) require prior review and written approval of the County.
H. Totality of Agreement / Severability of Provisions. This 15 page Agreement
with its recitals on the fast page of the agreement and with its attachments as referenced below
contain all the terms and conditions agreed upon by the parties:
Attachment 1: Miami -Dade County Affidavits
Exhibit(s) 1 through 6 : 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.
03- 864
IN WITNESS WHEREOF, the parties hereto have set thea hands and affixed thea respective
seal the day and year first above written.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Assistant County Attorney
APPROVED AS T�f%F ORM
AND CORREC'jNESS
City Attor74.
n
�ejandre Vilarello
Harvey uvin, Clerk
Dbeputy Clerk
Priscilla A. Thompson
MIAMI -DADS COUN i Y
Steve Shiver, County Manager
APPROVED AS TO
INSURANCE REOt
Risk Management Admini
Elliot Fixler
CITY OF MIAMI
A Municipal corporation in the
State of Florida
•
7
03- 864
MET' -DADE BLISINESS ENTITY AFFIDAVr-S
I Carlos A. G i m e n e z , being first duly sworn state:
The full legal name and business address of the person(s)or entity contracting or transacting business with Metro -
Dade County are (Post Office addresses are not acceptable):
596000375
Faasl Fa+Wq'a We�uf�ut.ob TwMe (If •dmc yooi.r Setartty Nessa t
City cf Miami
Na t of Entity. Indtvtdwhs). Putntn. w C4M0"61on
Doing Summa At (if acme L .bout, W" Ntnk)
3500 Par American Drive Miami, FL 33133
Svett Address C.ty Sari Zip Cedt
1. METRO -DA DE COUNTY OWNERSHIP DISCLOSURE AFFIDA'/rT (Se:. 2-3.; of ujhc County Code)
1 If :hc contract or business transaction is with a corporation. the full legal name and business u.reess shall be provided for
each officer and director and eazh stockholder who holds directly or indircctiv five percent (S%) or more of the
corporation's stock. If the crntraet or business transaction is with a trust- the full Icgal name and address shall be provided
for each trustee and cach'bencflciary. All such names and addresses arc (Post Office addresses arc not acceptable).
Full Legal Name s Address Ownership
i.
_ The full Ic..al names an.' business address of any other individual (other than subcontractors. matcriaimea. suppliers.
laborers. or lenders) who have. or will have. any intertst (legal. equitable beneficial or otherwise) in the eontrac: or business
;ransaction with Dade County arc (Post Orrice addresses am not acceptable).
Parr t of.'
03- 864
a
11. METRO-DADE COUNTY ESIPLOYMENT DISCLOSURE AFFIDAVIT (Counry Ordinance No. 90-133.
Amending sect
2.8-1. Subsection (d)(2)1 The following tnformauon and attachmrnLs are provided and arc in compliance with
all items in the
aforementioned Section
I Docs your fuer have a collective bargatnmg aerecment witr. its employers' _ Yc� _
No
Docs your firm provide paid health care benefits for its employees' _ Yes _
No
3 Provide a current breakdown (number of persons) of your firm's wort: force and ownership ss to race. national origin and
gender
White Males Females Asian. Males
Females
Black MaIcs Females American Indian Males
Females
Hispanics Males Females Aleut (Eskimo). Males
Females
Males Fcmales Malet
Females
Parr t of.'
03- 864
a
Ill. hlETlto-RADE EMPLOYN11 DRUG-FREE WORKPLACE AFFIDAVIT (Cou' -)rdinancc No. 92.15)
That in compliance with Ordinance No. 92.15 of the Code of Metropolitan Dade County, the above named firm is ptovidiug a
drug -kc workplace. A wrincn statement to each employee shall inform the employee about:
1 danger of drug abuse in the workplace
2 the firms' policy of maintaining a drug-free environment at all workplaces
availability of drug counseling, rehabilitation and employt:c assistance programs
4 penalties that may be imposed upon employees for drug abuse violations
The firm 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
IV. METRO- D.-kDE EIIPLOYSIEN7 FAMILY I --.kVE AFFIDAVIT (County Ordinance No. 142-71)
That in compliance with ordinance No. 142-91 of the odc of Metropoliun Dade County, Florida. the following information is
provided and is in compliance with all items in the aforementioned ordinance.
:.n employee who has worked for the above firm for at least one (1) year shall be entitled to ninety (90) days of family leave
during any rwcnry-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.
21163
jo f AITt (Dart)
Carlo:- Gim ez, City `;; 5-,er
SUBSCRIBED AND SWORNTO (or affirmed) Ixforc me this � day of 2 0 { .
b` v l c 6I -n
[.. h e 6She is personally known I- ). • to me or has presented
as identification
(-i :pc of Idcntiftcation)
(Signature of hiotary)
r ^
(Print or Stamp of Notary)
� I
Notary Public - Statc of �—
(State)
(Serial Number)
`��Lx\11111111111// Z
``\N"\vea RodrjNO �i, (Expiration Date)
....
t P
Notary Scal
/CC910384 : IT
ST
lilt 03- 864
Parc : of.?
Eamings I
EXHIBIT
0 citasenc'
oversight conunititre
safe -
neighborhoo80.
parks
CITY OF MIAMI iJOSE MARTI PARK, GIBSON PARK AND TEN POOLS.
District F_.!
IADA ACCESSIBILITY IMPROVEMENTS AT JOSE MARTI AND GIBSON PARKS AND PURCHASE ADA AQUATIC EQUIPMENT.
Remarks
REQUIRES $49,200 MATCH
64
Fiscal Year
Fiscal Year Fiscal Year TOTAL
BUDGET ITEMS
2002-2003
2003-2004 2004-2005 S.NP A«'ARD,�
PLANNING
��
0 �_� �— " I
DESIGN
2,600
1 0 2,600
PROJECT ADMINISTRATION
2.250
F_ V I 0
LAND/BLDG ACQUISITION
0
0i 0 0
CONSTRUCTION
JOSE MARTI POOL - RESTROONI
12,500
0 0 12,500
?DA RENOVATIONS0--51
0 [— —�
GIBSON PARK POOL - RESTROOM
17,00-1
0 �� 17,SOO
ADA RENOVATIONS
0
F —� 0 0
�— pl
0 0 0
t 0
F 0 0
0
F_-771 1 oil 0
0
0 0 0
0
0 0 0
Pre -Agreement Construction Costs
700
I'-0"
I 0 L 0 i
Construction Contingency
0
L " I L �' 0
TOTAL CONSTRUCTION
30,000
t 0 0�-30,000
ART ALLOWANCE (Miami -Dade Only)
0
1 0 0 0
FIXTURES, FURNITURE, EQUIPMENT
1 1 .600
0 0 1 1,600
OTHER COSTS
0—
771 0
0
0 00 0
(� --
F "I
0
0
01 0 0
0
0 0 0
PROJECT CONTINGENCY
C— 2.750
0 0 2.750
EXPENDITURE TOTALS
49,200
71 0 1 49.200
Remarks
REQUIRES $49,200 MATCH
64
�amings _� to creer e,
ff safe
neighborhool o.
EXHIBIT parkv n-' District 3 ]
OF MIAMI 11ATHALIE RANGE PARK
CREATE A DOMINO PARK AT ATHALIE RANGE.
Remarks
REQUIRES $300,000 MATCH
M
Fiscal Year
Fiscal Year
Fiscal Year TOTAL
BUDGET ITEMS
2002-2003
2003-2004
2004-2005 S`P AWARD
PL 1'1N11NG
15,000
0
OI _ 15,000
DESIGN
10,000
0
:011 10,000
PROJECT ADMINISTRATION
�-25.000
1 70
O— 25,004
LAND/BLDG ACQUISITION
—01
L 7
701 0
CONSTRUCTION
CONSTRUCTIO': OF THE DOMINO
82,500
I —7
0 82,500
PARK (PRE-AGREE"A=VT).
0
0—��—�
ALLOWANCES • 5.004 SQ. FT.
1 1 2,500
F 7
0 112.
ADA COMPLIANT SHELTER.
r--ol
01
1 :p:1 I 0
DO
r
0� 0
0
0
�I 0
O
00
0 00
O
I
0 l
---"
Pre -Agreement Constructior, Costs
0
0
011 0
Constructicn Contingency
8.250
0
^ f 8.250
TOTAL CONSTRUCTION
203750
01
0 1 203,250
ART ALLOWANCE (Miami -Dade Only)
0
0
0 0
FIXTURES, FURNITURE, EQUIPMENT
�-15,000
0
701 15,000
OTHER COSTS
0—_0_1
0—�
01
1 Cl
0 70-
0
0
0 �_ 0
PROJECT CONTINGENCY
31,750
0
1— O1 31,750
EXPENDITURE TOTALS
300,00011
7011
0 300.000
Remarks
REQUIRES $300,000 MATCH
M
Earnings
EXHIBIT Q
j G citisenr,
overnight conunitwe
I safe
ne ghhorhoo��
paric-C
District TJ -
(CITY OF MIAMI IiELIZABETH VIRRICK. PARK
CONVERSION OF STORAGE ROOM FOR COMPUTER L<.3. 1
BUDGET ITEMS
Fiscal Year
2002-2003
Fiscal Year
2003-2004
Fiscal Year
M4-2005
TOTAL
SNP AWARD
PLANNING
--�
-- Fi
0 0
DESIGN
1,863
0
071 1,863
PROJECT ADMINISTRATION
1,630—
70--0-1
1,630
LAND/BLDG ACQUISITION
011
0
7-011
pl
CONSTRUCTION
CONSTRUCTION/RENOVATIONS
25,
— :0
—0-11
25,615
L_ 0,
01
L-011
0
::0:1
1 0
1_7071
o
01
1 0
0
0
0
0
1 011
—:0:1
01
0
0
0
0
0
0
0
c
o
—0-11
—o ff
[---e!I
0
0
0
Pre -Agreement Construction Costs
0
0
0---07
Construction Contingency
0
07
F — 0
TOTAL CONSTRUCTION
25,615
1 0
0
25,615
ART ALLOWANCE (Miami -Dade Only(
0
0
0
0 l
FIXTURES, FURNITURE, EQUIPMENT
0
0
0
0
OTHER COSTS
01
1 0
0
0
0
0
0
0
01
O
(-- o�
o
0
0
0
0
0
77071
PROJECT CONTINGENCY
I0
1 01
1
0
EXPENDITURE TOTALS
1 29—jOg
0 1
1
29,108
Remarks
REQUIRES $29,108 MATCH
` 86
Earnings f
EXHIBIT
IAMI
O crouenr
overright committee
safe
neighborhoo8 �..
parks
C. CORRIDOR N.E. 25TH
NTNG ANC DESIGN OF A PROTOTYPICAL POCKET PARK.
- POCKET PARK
District 3�
Remarks
REQUIRES $30,000 MATCH
03- 864
Fiscal Year
Fiscal Year
Fiscal Year TOTAL
BUDGET ITEMS
2002-2003
2003-2004
2004-2003 SNP AWARD
P'_. '•,:NTNG
15.
0
�— 15,
DESIGN
15,000
0
0 15,000
PROJECT ADMINISTRATION
0
0
0 0
LAND/BLDG ACQUISITION
0
0
0 0
CONSTRUCTION
0
0
0
0 0
0
C— 0
0 0
0
0l
0 "I
0
0
011 0
0
0
701 0
O
0l
0�
01�
�0-�
Pre-Agrees.-nt Construction Costs
0
t ::01
l " It :0:1
Construc .: _ i ;:ont ngency
0
0 0
TOTAL CONSTRUCTION
0
0
0 1 ::01
ART ALLOWANCE (Miami -Dade Only)
0
C--]0:1
0
FIXTURES, FURNITURE, EQUIPMENT
01
711 0
OTHER COSTS
_ _01
1
—0-11 0
— 01
0
0
0071
0.
0
L "f 0
p
0
0 0
PROJECT CONTINGENCY0
0
0 0
EXPENDITURE TOTALS
30,000
1 -- 01
—0-11 30,000
Remarks
REQUIRES $30,000 MATCH
03- 864
1 Eami�gs
EXHIBIT
CITY OF M
O cJaucn.
ovrnighc conn! -tee
safe
neighborhool
parks
OCK P
DESIGN AND CONSTRUCT A ROLLER HOCKEY RINK.
District 71
Remarks
REQUIRES $143,757 MATCH
+J3- 864
Fiscal Year
Fiscal Year
Fiscal Year
TOTAL
BUDGET ITEMS
2002-2003
2003-2004
2004-2005
SNP A«VARD
PLANNIN;7
�_�
011
0
0
DESIGN1—
9,700
0�
9,700
PROJECT ADMINISTRATION
0
0
8,620
LAND/BLDG ACQUISITION
0
1
:7011
0
CONSTRUCTION
CONSTR"CT ROLLER HOSKEY RINK
107,730
0
0
107,730
01
00
—71
1_ 0
0OI
..1
0
0
0
211
0
0
0
Oil
--:0:1
01
0
0
0
0
1 0
F <;
0
001
1 0�
01
—_0
1
Pre -Agreement Construction Costs
0
—�
F Ol
0
Construction Contins-, _
�—
0-0
0
TOTAL CONSTRUCTION
107730
0
0
107,730
ART ALLOWANCE (Miami -Dade Onlyl
001
0
0
FIXTURES, FURNITURE, EQUIPMENT
3.000
0
0
TO
OTHER COSTS
01
00
�— 0l1
01
�— 1--�
0
::0:1
11
01
1
0
:01�
PROJECT CONTINGENCY
14,7071
0
14,707
EXPENDITURE TOTALS
143.757
1
0
143,757,
Remarks
REQUIRES $143,757 MATCH
+J3- 864
Earnings
EXHIBIT Q
OF MIAMI
oversight Conarnittte
safe
neig1hb0rhoo2.L` jr
parks
IMURA MIAMI -JAPAN GARDEN AT WATSON ISLAND
REDESIGN AND CONSTRUCT A JAPANESE GARIEN.
District 5�
EXPENDITURE TOTALS 233.000 0 0 �— 233,000
Remarks
REQUIRE:, $233,000 MATCH
�J3- 864
Fiscal Year
Fiscal Year
Fiscal Year
TOTAL
BUDGET ITEMS
2002-2003
2003-2004
2004-2005
SNP AWARD
FLANNING
0
_ 0
1 7
L 0�
DESIGN
-- :0117011
0
1 70
PROJECTPROJECT ADMINISTRATION
0
70711
Oil
0
LAND/BLDG ACQUISITION
0
0-70
0
CONSTRUCTION
l— 130,000
0
—011
130,000
01
1 0
1 0:I1
"I
l` vl
1— Ql
—0-11
0
0
0
—071
vl
0
0
701
0
0
0
0
{ 0
i
0
0
1071
0
0
0
0
0
Pre -Agreement Construction Costs
1 0
— 1
0
0
Construction Contingec....
F_
0
0
0
TOTAL CONSTRUCTION
130,000
0
701
130.000
ART ALLOWANCE (Miami -Dade Only)
0
��
0
0
FIXTURES, FURNITURE, EQUIPMENT
81,800
0
0
81,800
OTHER COSTS
0
0
0
— 01
0
0
F_
1 0
0
0
0
0
0
0
01
0
01
01
0
0
PROJECT CONTINGENCY
I21,200
0
0
21,200
EXPENDITURE TOTALS 233.000 0 0 �— 233,000
Remarks
REQUIRE:, $233,000 MATCH
�J3- 864
EXHIBIT "H"
Florida Department of Environmental Protection
Florida Recreation Development assistance Program (FRDAP)
25 03- 864
F3416
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
Project Grant Agreement ;,Y 2002-03) - Dev��--Ipment
This Agreement is made and entered into this
day of
200 Z, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONM-;-':TAL PROTECTION, hereinafter called trc DEPARTMENT, and the CITY
OF MIAMI, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to
section 375.075, 7.orida Statutes, and chapter 62D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
1. This Project Agreement shall be performed in accordance with
section 375.075, Florida Statutes, and chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RULE. The
GRANTEE shall comply with all provisions of the RULE effective
August 23,2000, which is incorporated into this Project Agreement
as if fully set forth herein. It is the intent of the DEPARTMENT
end the GRANTEE that none of the provisions of section 163.01,
r'iorida Statutes, sail have applicatiLin to this Project
Agree -.qnt .
2. The DEPARTMENT has found that public outdoor recreation is the
primary purpose of the project known as Nature Trail at Watson
Island (Florida Recreation Development Assistance Program, FRDAP
Project Number F03416), hereinafter called the PROJECT, and
enters into this Project Agreement with the GRANTEE for the
Page 1 of ii
03- 864
development of that real property, the legal description of whi-'
shall be submitted to the DEPARTMENT as described in the Floric
Recreation Development Assistance Program Development Project
Pre-reimbursement/Commencement Documentation Form, DEP Form FPS -
A034.
3. The GRANTEE shall construct, or cause to be constructed, certain
public outdoor recreation facilities and improvements consisting
of the folic�ing PROJECT ELEMENTS which may be mod_`ied by the
DEPARTMENT if GRANTEE shows good cause: Interpretive Trail,
cultural pavilion, fencing, landscaping, security lights,
entrance/access and other related support facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis, to the
GRANTEE, funds not to exceed $200,000.00, which will pay the
DEPARTMENT'S share o` --he cost of the PROJECT. DEPARTMENT f,, --d
l i-m.L s are based upon the following:
DEPARTMENT Amount $200,000.00 50%
GRANTEE Match $200,000.00 50%
Type of Matcr: Cash, In -Kind Services, Land value
S. The PROJECT reimbursement request shall include all documentatio:
requ_red by the DEPARTMENT for a proper pre -audit and post -audit
review. Within sixty (60) days after receipt of the request, the
DEPARTMENT'S Contract Manager s:_all review the compl.-tion
documentation_ and payment requesz- Lrom the GRANTEE for the
PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance
Program Completion Documentation Form, DEP Form FPS -A037,
referenced in s. 62D -5.058(6)2(g), the DEPARTMENT will approve
the request for payment.
6. The ^EPARTMENT will pe---:dically request i;,-�of of a transaction
(invoice, payroll register, etc.) to evaluate the appropriatenesE
of costs to the agreement pursuant to State and Federal
guidelines including cost allocation guidelines), as appropriate.
This information when requested must be provided within 30
calendar days of such request. The Grantee may also be required
to submit a cost allocation plan to the Department in support of
its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for amounts due under
this agreement shall be submitted in detail sufficient for a
Page 2 of 11
t proper pre -audit and post -audit thereof. State guidelines for
allowable costs can be found in the State Comptroller's Voucher
Processing Handbook at
(<http://www.dbf.state.fl.us/aadir/mainindex.html).
7. The GRANTEE agrees to comply with the Division of Recreation and
Parks' Grant and Contract Accountability Procedure, hereinafter
called the PROCEDURE anu incorporated into '_his Project Agreement
by reference as if fully set forth herein. All purchases of goods
and services for accomplishment of the PROJECT shall be secured
in accordance with the GRANTEE'S adopted procurement procedures.
Expenses representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT and
summarized on certification forms provided in the PROCEDURE. The
DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines
accounting for FRDAP funds disbursed under the PROJECT. The
parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting
requirements of tie PROCEDURE shall be used.
8. Allowable indirect costs as defined in the PROCEDURE shall not
exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect
costs that exceed 15% must be approved in advance in writing by
the DEPARTMENT to be considered eligible PROJECT expenses.
9. It is unders.tood by the parties that the amount of this Project
Agreement may c.. reduced should th- ^governor's Budget^dice
declare a revenue shortfall and assess a mandatory reserve.
Should a shortfall be declared, the amount of this Project
Agreement may be reduced by the same percentage as the DEPARTMENT
is assessed for the mandatory reserve.
10. PROJECT funds may be reimbursed for eligible Preagreement
Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by
GRANT:- prior to executicof this Project A_,:_eement as set fort::
in s.62D-5.0S`(9) of the RULE. --he DEPARTMENT and L:'. GRANTEE
fully understand and agree that there shall be no reimbursement
of PROJECT funds by the DEPARTMENT for any expenditure made prior
to the execution of this Project Agreement with the exception of
those expenditures which meet the requirements of the foregoing
sections of the RULE.
Page 3 of 11 43— 864
11. Prior to commencement of PROJECT development, the GRANTEE shall
submit the documentation required by the Florida Recreation
Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS -A034
referenced in s. 62D -5.058(6)(f) of the RULE, to the DEPARTMENT.
Upon determining that the documentation complies with the RULE,
the DEPARTMENT will give written notice to GRANTEE to commence
the development and approve the request for payment.
12. The Grantee shall obtain all required local, state and federal
permits and approvals prior to commencement of project
construction and shall certify that it has done so to the
DEPARTMENT by completing the Permitting Certification, FPS -A034,
referenced in s. 62D -5.058(7)(c) of the RULE.
13. This Project Agreement shall become effective upon execution and
the GRANTEE shall complete constructicn of all PROJECT__EMENTS
on or before NC,` CAAA 1 -St 2C61- (hereinafter referred to as the
PROJECT completion date). The GRANTEE may request up to two (2)
one (1) year extensions from the DEPARTMENT for good cause at the
written request of the GRANTEE and such request must be made
prior to the PROJECT completion date. PROJECT must be completer'
within 5 years, or moray may revert.
14. Project completion means tr_ project is open and available for
use by the public. Project mus_ be completed prior to release of-
final
ffinal reimbursement.
15. The GRANTEE shall retain all records supporting PROJECT costs for
five (5) years after the fiscal year in which the final PROJECT
payment was released by the DEPARTMENT or until final resolution
of matters resulting from any litigation, claim or audit that
s'=ted prior to the expiration of the five-year retention
period. The DEPARTMENT, State Auditor General, State Comptro-
and other agencies or entities with jurisdiction shall have the
right to ii_^,._)ect and audit the records said PROJEC1
with_-: the five-year ret=ction period.
16. In addition to the provisions contained in Paragraph 15 above,
the GRANTEE shall comply with the applicable provisions containec
in Attachment 1. A revised copy of Attachment 1, Exhibit -1, must
be provided to the GRANTEE with each amendment which authorizes
funding increase or decrease. The revised Exhibit -1 shall
Page 4 of 11
03- 864
summarize the funding sources
for purposes of assisting the
requirements of Attachment 1.
revised copy of Attachment 1,
the Department's FRDAP Grants
request a copy of the updated
supporting the Project Agreement
GRANTEE in complying with the
If the GRANTEE fails to receive a
Exhibit -1, the GRANTEE shall notif,
Administrator at 850/488-7896 to
information.
17. Following receipt of an audit report identifying any
-._mbursement due the DEPARTMENT for tie GRANTEE'S non-
compliance with this Project Agreement, the GRANTEE will be
allowed a maximum of thirty (30) days to submit additional
pertinent documentation to offset the amount identified as being
due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE
of any reimbursement due the DEPARTMENT.
18. The Grantee, as an independent contractor and not an agent,
representative, or employee of the DEPARTMENT, agrees to carry
adequate liability and other appropriate forms of insurance. The
DEPARTMENT shallhaveno liability except as specifically
provided in this Project Agreement.
19. To the extent required by law, the Grantee will be self-insured
aga=nst, or will secure and maintain during the life of this
Agreement, workers' Compensation Insurance for all employees
connected with the work of this project and, in case any work is
subcontracted, the Gr--ntee shall require the subcontractor
sim,-early to provide workers' Compensation Insurance for all of
the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program
or insurance coverage shall comply fully with the Florida
Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected
under workers' Compensation statutes, the Grantee shall provide,
and cause each subcontractor to provide, adequate insurance
satisfactory '-o the Department, for the protection cf his
emp' wees not otherwise protected.
20. The purchase of non -expendable equipment is not authorized under
the terms of this Agreement.
Page 5 of 11
21. The DEPARTMENT'S Grant Manager for the purpose of this Project
Agreement shall be responsible for ensuring performance of itE
terms and conditions and shall approve all reimbursement reques,
prior to payment. The GRANTEE's Grant Manager, as identified in
the PROJECT application, or successor, shall act on behalf of the
GRANTEE relative to the provisions of this Project Agreement.
The GRANTEE, shall submit to the DEPARTMENT signed PROJECT statue
reports every ninety (90) days summarizing the work accomplished,
problems encountered, percentage of completion, and other
information which may b� requested by the DF=ARTMENT.
Photographs to reflect the construction work accomplished shall
be submitted when the DEPARTMENT requests them. Any and all
notices shall be delivered to the parties at the following
addresses:
Grantee's Grant Manager Department's Grant Manager
Mr. Keith Carswell
'1Rs7Ar.tecrr-R--Wa= --aab Mary Ann Lee
Acting Director Dept. of Environmental Protection
444 SW 2nd Avenue, 3rd Floor 3900 Commonwealth Blvd., MS 585
Miami, Florida, 3313,0 Tallahassee, Florida 32399-3000
22. Prior to final reimbursement, the GRANTEE must erect a permanent
information sign on the PROJECT site which credits PROJECT
funding or a portion thereof, from the Florida Department of
Environmental Protection and the Florida Recreation Development
Assistance Program.
23. The DEPARTMENT has the right to inspect the PROJECT and any and
all records related thereto a'_ any reasonable time.
24. This Agreement may be unilaterally canceled by the DEPARTMENT for
refusal by the GRANTEE to allow public access to all documents,
papers, letters, or other material made or received by the
GRANTEE in conjunction with t::is Agreement, unless the records
are exempt from Section 24(a) of Article 1 of the State
^onstitution and Section 119.07(1), 171orida Statutes.
25. Prior to the closing of the PROJECT the DEPARTMENT shall have the
right to demand a refund, either in whole or in part, of the
FRDAP funds provided to the GRANTEE for non-compliance with the
material terms of this Project Agreement. The GRANTEE, upon such
written notification from the DEPARTMENT, shall refund, and shall
forthwith pay to the DEPARTMENT, the amount of money demanded Y
Page 6 of 11
03- 864
the DEPARTMENT. Interest on any refund shall begin the date that
the GRANTEE was informed that a refund was required until refund
and interest is paid to the Department.
26. The GRANTEE shall comply with all federal, state and local rules
regulations and ordinances in acquiring and developing this
PROJECT. The GRANTEE acknowledges that this requirement include;
compliance with all federal, state and local health and safety
rules and regulatic::s including all applicable building codes.
The GRANTEE further agrees to ensure that the GRANTEE'S contract
will include the requirements of this paragraph in all
subcontracts made to perform this Project Agreement.
27. Land owned by the GRANTEE, which is developed or acquired with
FRDAP funds, shall be dedicated -in perpetuity as an outdoor
recreation site by the GRANT7': for the use and benefit of the
public as stated in Administrative Rule 62D-5.059(1). Land under
control other than by ownership of the GRANTEE such as by lease,
shall be dedicated as an outdoor recreation area for the use and
benefit of the general public for a minimum period of twenty-fivE
(25) years from the completion date set forth in the PROJECT
completion certificate. All dedications must be recorded -in the
public property records by the GRANTEE. Such PROJECT shall be
open at reasonable times and shall be managed in a safe and
attractive manner appropriate for pub -'--.c use.
28. Failure to comply with the provisions of the RULE or the terms
and conditions of this Project Agreement will result in
cancellation of the Project Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE or
this Project Agreement a notice in writing of the particular
violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall
result in cancellation of the Project Agreement and may result ir
the imposition of the terms in Paragraph 25.
^9. In the event c_` conflict in the p -„visions of the RUi”, the
Project Agreement and the Project Application, the provisions of
the Rule shall control over this Project Agreement and this
Project Agreement shall control over the Project Application
documents.
Page '7 of ii
03- 864
30. If the DEPARTMENT determines that site control is not sufficie*-,
under the RULE the DEPARTMENT shall give the applicant a notic
in writing and a reasonable time to comply. If the deficiency
cannot be reasonably corrected within the time specified in the
notice, the DEPARTMENT shall cancel this Project Agreement.
31. The State of Florida's performance and obligation to pay under
this Project Agreement is contingent upon an annual appropritio
by the Florida Legislature.
32. This Project Agreement strictly prohibits the expenditure of
FRDAP funds for the purpose of lobbying the legislative,
judicial, or executive branch of local, state, or federal
government.
33. A. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or disability, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Project Agreement.
B. An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a
contract to provid- goods or services to a public entit..-,
may not submit a bid on a contract with a public entity for
the construction or rept,-:- of a public building or public
work, may not submit bids on leases of real property to a
public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact
business with any public entity. The Florida Department of
Management Services is responsible for maintaining the
discriminatory vendor list and intends to post the list on
its website. Questions regarding the discriminatory vendor
list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at 850/487-0915.
34. Each party hereto agrees that it shall be solely responsible for
the wrongful acts of its employees and agents. However, nothing
contained herein shall constitute a waiver by either party of itE
sovereign immunity or the provisions of s. 768.28, Florida
Statutes.
Page 8 of 11
03-- 864
35. The employment of unauthorized aliens by any GRANTEE is
considered a violation of the Immigration and Nationality Act 8
USCA s.1324a(1)(A). If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for unilatera
cancellation of this Project Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts wit
private organizations made to perform this Project Agreement.
36. A person o� _ffiliate who has been placed on the cji.victed vendo
list following a conviction for public entity crime may not
perform work as a grantee, contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, or
Category Two, for a period of 36 months from the date of being
placed on the convicted vendor list.
37. The Project Agreement has been delivered in the State of Florida
and shall be construed in accordance with the laws of Florida.
Wherever possible, each provision of this Project Agreement shal.
be interpreted in such manner as to be effective and valid under
applicable Florida law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable Florid
law, such provision shall be ineffective to the extent of such
prohibition or invalidity, withcit invalidating the remainder of
such _>rovision or the remaining provisions _.f this Project
Agreement. Any action hereon or in connection herewith shall be
brought in Leon County, Florida unless prohibited by anplicable
law.
38. No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either party
under this Project Agreement, shall impair any such right, power
or remedy of either party; nor shall such delay or failure be
construed as a waiver of any such breach or default, or any
simi'a breach or defau thereafter.
39. This Project Agreement is not intended nor shall it be construed
as granting any rights, privileges or interest in any third part:
without mutual written agreement of the parties hereto.
Page 9 of ii
43- 864
i-
40. This Project Agreement is an exclusive contract and may not be
assigned in whole or in part without the written approval of t
DEPARTMENT.
41. This Project Agreement represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or
waivers of provisions of this Project Agreement shall only be
valid when they have been reduced to writing, duly executed by
each of the parties hereto, and attached to the original of this
Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page to of 11 03- 8 G 4
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STATE OF FLORIDA DE?ARTMENT OF
n2nTIRONMENTAL PROTECTION
By: 4�11 /1'_'
Division Director (or Designee)
Division of Recreation and Parks
Address:
3ureau of Design and Recreation
Division of Recreation and Parks
3900 Commonwealth Bculevard
Mail Station 585
Tallahassee, Florida 32399-3000
r
DEP ran'k4anager
CITY OF MIAMI
By:
t rized to Sign
Carlos A. GiLmen z
_Tinted Name
City Manager
Title
Address:
Services 444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
Appruved as to Form and Legality:
This form has been pre -approved as to
fori-_ and legality by Je_ome I. 4
Johnson, Assistant General Counsel, o
July 26, 2002 for use for one year.
DEP 42-058
Revised 04-05-2002
Page 11 of 11
�ranL'�e Attorney;g-�
City Attorney
Alejandro Vilarello
Printed Name
03- 864
SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" be:cw), monitoring procedures may Include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
proceduresiprocesses deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Comptroller or Auditor General.
AUDITS
PART 1: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $300,000 in Federal awards in its fecal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipicti, expends less than $300,000 in federal awards in its fiscal year and ;:Iects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e.. the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs.gov/cfda.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
03- 864
rlav cc.�rn rm.nr page 1 of 4
PART I1: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EX 03IT 1 to this Agreement
indicates State financial assistance awarded through the Department of Environmental Protection by this
Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall
consider all sources of State financial assistance, including State financial assistance received from the
Department of EnvirotunenW Protection, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass-Uhrough awards and resources received by a nonstate
entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than. 5300,000 in State financial assistance in its fiscal year, an audit concocted
m accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -tate entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should
access the Florida Single Audit Act website located at htty://sun6.dms.state.fl.us/fsaa/catalog.htm or the
Governor's of Policy and Budget websi.:: located at httn://www.eo¢.state.tl.us/ for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website http://www.le2.state.fl.us/, Governor's Website http://www.flsov.com/, Department of Banking
and Finance's Website http://www.dbf.state.fl.us1, and the Auditor Cieneral's Website
http://www..statc.i':.us/audqen.
PART III: OTHER AUDIT KEQUIREMENTS
(NOTE: This parr would be used to specify any additional audit requirements imposed by the Stare awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section z x.07, Florida Statutes. In such cnz event, the State awarding agency .ruSr
arrange r: funding the full cost of such ada:::orial audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Mary Ann Lee
Florida Department of Environmental Protection
Bureau of Dcsign and Recreation Service:
3900 Commonwealth Boulevard, MS# 585 03— 864
Tallahassee, FL 32399-3000
nro cc.,nz rn, nr r1- 0, lc s
c C
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bu: -a u of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
repotting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the'Department of Environmental Protection at each of the following
addresses:
Mary Ann.Lee
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS#585
Tallahassee, FL 32399-3000
Audit Director
Flor.da Department of Environmental Protection
Office of the Inspector Geucral, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Copies of financial reporting packages required by PART 1I of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Mary Anr, Lce
Florida Department of Environmental Protection
Bureau of Design and Rer-r-anon Services
3900 Commonwealth Bouicva;d, MSO 585
Tallahassee, FL 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
DEP 55-203 (02-03)
State of Florida Auditor General
Room 401, Claude P:; .; -:r Building
111 West Madison Street
Tallahassee, Florida 32399-1450
03- 864
Page 3 of 4
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at each of the following
addresses:
Mary Ann Lee
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organization::), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordai*,e with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and foc-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 (specify appropriate number of years, should be at least five years) years from the date the audit report
is issued, and shall allow. the Department of Environmental Protection, or its designee, Comptroller, or Auditor
G --neral access to such records upon request. The recipient shall ensure that audit working papers are mads available
to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a
period of 3 (specify appropriate number of years) years from the date the audit report is issued, unless extended in
writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
03- 884
DEP 55.203 (02-03) - Page 4 of 4
Ea T— 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number CFDA Title
State
Appropriation
Funding Amount Category
02/03 37017 FRDAP 200 OGd.00
140002
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal
r-lrams•
_deral
State
Program Appropriation
Number Federal Agency CFDA CFDA Title Fundinq Amount Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section
215.97 F.S.:
State
Program Funding Source
-nber
Catalog of
State
Financial%° CSFA Title
State Assistance or
Fiscal Year Number Funding Source Description Funding ;-mount
State
Appropriation
Category
ru3416 LATF
02/03 37017 FRDAP 200 OGd.00
140002
Total Award
I
For each program identified above, the recipient shall comply with the program requirements described in the Feder;! Catalog of Domestic Assistance (CFDA)
<<htto://asoe.os.dhhs.aov/cfda] and/or the Florida Catalog of State Financial Assistance (CFSA) [hIto: //sun6.dms.state. Fl us/fsaa/cat( :"a.htm]. The services/purposes for which the
(ands are to be used are included in the Contract scope of services/work. Any match required by the reci: , nt is clearly indicated in ti . Contract.
EXHIBIT "F"
Ichimura Miami -Japanese Garden Park
Rules and Regulations
To be attached prior to execution
03- 864
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honora ayor and ers
o the Ci y Commission
i
Joe Arriola
Chi f Administrator
RECOMMENDATION:
25.-B
DATE: JUL 17 20t}3 FILE:
SUBJECT: Management Agreement between the
City of Miami & Parrot Jungle Island,
Inc.
REFERENCES:
ENCLOSURES:
The administration recommends that the Miami City Commission adopt the attached Resolution
authorizing the City Manager to execute a professional services agreement, in substantially the
attached form, between the City of Miami and Parrot Jungle Island, Inc. (PJI), f/k/a Parrot Jungle
& Gardens, Inc., a Florida Corporation, for the design, construction, management and
maintenance of the Japanese Garden to be located on approximately 1 acre on Watson Island (the
"Garden"), with an initial term of 7 years, provided, however, that PJI's maintenance obligations
shall continue throughout the term of its Lease with the City dated September 2, 1997, as
amended. In consideration of the services to be provided by PJI, the City agrees to pay to PJI an
amount equal to the actual cost of PJI's provision of services, based on the Management Budget
and Management Plan to be approved by the City, to the extent funds are available.
BACKGROUND:
The City of Miami (the "City") entered into a Lease and Development Agreement on September
2, 1997, as amended by Modification of Lease and Development Agreement on April 14, 2000
(the "Lease") for the development of a botanical garden attraction and related uses, to be known
as the Parrot Jungle, on 18.6134 acres of City owned land located at Watson Island, Miami,
Florida.
The Ichimura Miami -Japan Garden, known as the "Japanese Garden" (the "Garden") is a City
owned park that was gifted to the City by Mr. Kiyoshi Ichimura and is located in a one -acre
parcel within the Leased Property. Section 13.9 of the Lease allows PJI, at its sole cost and
expense, to relocate the Garden to a comparable site within the property adjacent to the Leased
Property, subject to the approval of the City Commission of the proposed location, amenities,
layout, design, and construction schedule.
03- 864
The Honorable Mayor and Members
Of the City Commission
Page 2
The Lease requires PJI to maintain the Garden to a standard of quality that will ensure its
preservation as a unique and special cultural resource for the use and enjoyment of all residents
and visitors to the City. The Lease further provides for the City to grant PH a non-exclusive right
and easement for access, ingress and egress, and the installation, operation, maintenance and
repair of the relocated Japanese Garden.
The City has received a total of $657,000 in grant funds from several agencies to assist in the
design and construction of the Garden. PH retained the services of Lester Pancoast, FAIA and
ASLA to prepare the design plans for the Garden and will retain the services of Sunhouse
Construction Inc. to rebuild the Garden in accordance with the plans. Given the close proximity
of the proposed location of the Garden to PJI's, and PJI's obligation under the Lease to maintain
the Garden throughout the term of the Lease, PJI wishes to be responsible for the management of
the Garden. y
PH and the City wish to enter into this Agreement to set forth the terms and conditions for the
relocation and the construction of the Garden, and to establish the rights and obligations of the
parities hereto with respect to the management of the Garden.
It is recommended that the City Commission approve this Management Agreement in order to
provide for the continued operation of the site to ensure its preservation as a unique and special
cultural resource for the use and enjoyment of all residents and visitors to the City.
Highlights of the Agreement are as follows:
Japanese Garden: Approximately 1 acre located on Watson Island
Purpose: PH shall manage the Garden for the purposes of a passive park for
the members of the public.
Initial Term: 7 years, which will commence upon execution of the Management
Agreement.
Option to Renew: 5 years, at the sole option of the City, subject to the existing
requirements of law at the time of the expiration of the initial term.
t 03- 864
The Honorable Mayor and Members
of the City Commission
Page 3
Service Providers: PJI acknowledges its sole responsibility for the preparation,
administration and enforcement of the construction contract for the
Garden.
Insurance: PJI shall be required to maintain general liability, all risk for its
improvements, automobile and worker's compensation insurance
in amounts requested by Risk Management. The City shall be
named additional insured.
Utilities: PJI shall pay all utilities.
Improvements: PJI is to relocate, redesign and rebuild the Garden in accordance
wie Plans. The City will assist the PJI financially in the design
and construction of the Garden up to a total maximum cost of
$657,000 with grant funds received from several agencies.
Maintenance: PJI shall provide all maintenance and repairs at the Garden.
Right to Terminate: The City may terminate this Agreement should PH fail to provide
�ii the agreed maintenance obligations.
JA7LMH/K B/ABBMMayor CC — Management Agreement with Parrot Jungle and Botanical Gardens.doc
03. 864
Budgetary Impact Analysis
Department Economic Development Division:
Commission Meeting Date: July 24, 2003
Title and brief description of legislation or attached ordinance/resolution: Resolution authorizing execution of
management agreement with Parrot Jungle Island for construction and management of Japanese Garden
1. Is this item related to revenue? No ® Yes ❑ Revenue Source:
2. Is this item an expenditure? No ❑ Yes ® Amount: _
General Fund Account No:
Special Revenue Fund Account No: .
CIP Project No:
3. Are there sufficient funds in Line Item? No: ❑ Yes: ❑
C.,fr: ;o t f—nrlc -All ho tr ncfPrrPrl from the fnllnwina line itemc-
ACTION ACCOUNT NUMBER::,
TOTAL
From No Budgetary impact
$
From
$
To
$
To
$
A io th;v ;tam V—Aarl by WnmPhnr) r)PfPncP/UPiahhnrhnnrl ImnrnvemP.nt Rnnrlc9 Nn 17 Ves n
Project Name
Total Bond
Allocation
V Series
Appropriation
Total
Allocations/
Encumbrances
Balance
Dollars Spent
to Date
Comments:
A prove by:
(A
l f13
T�irertnr/l�ecianee Date
V
�t. dfegrlarking, Budged g
�forman e p
Dater
APPROVALS
Verified by CIP: (If applicable)
Director/Designee
Date.
03- 864