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HomeMy WebLinkAboutR-91-0453J-91-371 3/28/91 RESOLUTION NO. ' 453 A RESOLUTION/ WITH ATTACHMENTS, ACCEPTING THE OFFER OF A GRANT IN THE AMOUNT OF $250,000 FROM THE U.S. DEPARTMENT OF INTERIOR, NATIONAL PARK SERVICE FOR CAPITAL IMPROVEMENTS TO DORSEY PARK UNDER THE URBAN PARK AND RECREATION RECOVERY PROGRAM (UPARR); AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR ACCEPTANCE OF SAID GRANT. WHEREAS, pursuant to Resolution No. 91-22, adopted January 10, 1991, the City submitted an application to the National Park Service of the U.S. Department of the Interior under the Urban Park and Recreation Recovery Program (UPARR) requesting a grant for the renovation of Dorsey Park in the amount of $250,000; and WHEREAS, the required match of $50,000 has been provided to the City by the State of Florida and is now available in the Capital Improvement Program, Project No. 331357 as appropriated by Ordinance No. 10782, adopted September 26, 1990; and WHEREAS, an additional $15,000 has been received from a private donor for Dorsey Park, and appropriated into the Park Development Fund by Ordinance No. 10731, adopted May 24, 1990, and will also be used in said project; and WHEREAS, said project will consist of comprehensive renovations to the park's recreational facilities, including, without limitation, the recreation building and its handicapped accessibility, the softball field and its lighting, bleachers and dugouts, the basketball and handball courts, the playground, general site furnishings, landscaping and irrigation; and WHEREAS, the National Park Service has accepted the City's application for this project and has made an offer of a grant in the requested amount; and. WHEREAS, in order to give final approval of this grant, the National Park Service requires that the City provide additional documentation and certification and execute a grant agreement; �IATTACHMENTS � CONTAINED � - f lk -Alb qEr NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA! Section 1. The offer of a grant in the amount of $250,000 from the U.S. Department of Interior, National Park Service for capital improvements to Dorsey Park under the Urban Park and Recreation Recovery Program is hereby accepted, subject to the final approval of the National Park Service. Section 2. The City Manager is hereby authorized to execute the necessary documents, in substantially the attached form, for acceptance of said grant. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 20th day of June , 1991. ATTE XAVIER L. S AREZ, MAYOR MATTY HIRAI City Clerk UK --)STATES DEPARTMENT OF THE INTER NATIONAL PARK SERVICE URBAN P R1C AND RECREATION RECOVERY PROGRAM GRANT REHABILITATION AND INNOVATION AGREEMENT Applicant'Name ' Grant Number City of Miami, Florida 2-CTY-2010-9101 Administering Agency Department of Parks and Recreation Grant Title Dorsey Park Rehabilitation Rehabilitation (J Innovation (j Eligible () Discretionary Grant Expiration Date Estimated 24 months from Award Proposal Scope (Description of proposal on individual site or project basis, with identification of each site.) -This project will result in the comprehensive renovation of this 2.5 acre neighborhood park. As funds permit, specific project elements will include: renovation of the recreation building with i particular emphasis on security (doors and windows) and restrooms; resurfacing of the racquetball and basketball courts; replacement of the existing wooden playground with a new playstructure; upgrade and/or replacement of the ballfield lighting; replacement of existing ballfield dugouts, bleachers, fencing and backstop; irri- gation improvements; added landscaping; and repainting the perimeter park wall. Grant Cost: ' The following are hereby ' incorporated into this agreement: Total Cost $315.000 ' ' 1. A-102 Assurances UPARR Request t 80+ $ 250, 000 ' ' 2. Proposal as submitted State Match t 15± $ 5 0, 0 0 0 3. 36 CFR Chapter 1, Part 72 Local Match t 5± $ 15,000 ' 4. General Provisions Other ' S. 43 CFR 17 Appropriation: FY $ ' FY $ ' 6. FNP-10-912 Revised 5/82 PR #91-005/NU Page 1 of 2 91-- 453 Grant Agreement No. *---CTY-2010-9101 The United States of America, represented by the Director, National Park,Se rvice , united States Department of the Interior, and the Grants Recipient above (hereinafter referred to as the Grantee), mutually Agree to perform this agreement in accordance with the Title X, Urban Park and Recreation Recovery Program, 16 USC 2501, 92 Stat. 3538 (1976), and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto 1' and hereby made a part hereof. The United States hereby promises, in consideration of the promises made by the Grantee herein, to obligate to the Grantee the amount of :Honey referred to above, and to tender to the Grantee that portion of the obligation which is required to pay the United States' share of the costs of the above Grant, based upon the above percentage of assistance. The Grantee hereby promises, in consideration of the promises made by the United States herein, to execute the Grant described above in accordance with the terms of this agreement. The following special Grant terms and conditions were added to this agreement before it was signed by the parties hereto: The grantee agrees to prepare and submit to the National Park Service, within one year of the date of approval of this grant, a complete Recovery Action Program as defined by Chapter 3 of the UPARR grants manual. in witness whereof, the parties hereto have executed this agreement as of the date entered below. THE UNITED STATES of AMERICA GRANTEE BY City of Miami L Florida (Signature) (Government Name) (Title) National Park Service United States Department of the Interior Date H (Signature) Cesar H. Odio, City Manager Name/Title ATTEST: Matty.Hirai, City Clerk FNp' 10-912 Approved as to Form and ' ? Revised 5/92 Page 2 of 2 Correctness: z, Jorge L. Fernandez City Attorney dL4 4 5 3„X L y1.- 453 UYAM PRWSC'T AGRARM"T 1.1Jt'UHMATIUN --- -- 5ulxritted as a Part of GRANT NO_»12-=-2010-9101 SilTit NAlttli DORSEY PAR (City of Miami) Sub. fOCATIONi 1701 NW First Avenue, Miami, Florida DATE: t"+ � Fr6 gO ARIE$ AND £TREK' LC ATION s PARK MN)ARY: NORTH - NW 18th Street; WEST - NW 1st Avenue; SOUTH -- NW 17th Street; EAST - Florida East Coast Railway PAY:` (50 41' 4811W).' ORiVINC: IlVSTRUCTIC7NSt Exit I-95 South at SR 112 East. Exit SR 112, ? at Miami Avernle Sou . Cant ue Sou on Miami Avenue to 1*1 20th Street, turn right (west) on 20th Street. Drive to NW 1st Avenue and turn left (south). Continue to NW 17th Street - Park is located at NW 1st Avenue and DIK 17th Street and runs to NW 18th Street. 0 TYPE OF LAND Park - Fee Simple Title DATE ACQUIRED: 1917 SCOPE OF WORK TO BE ACCOMPLISHED THROUGH THIS GRANT (Describe in detail, provide numbers and work elements)s (all figures are estimated) Recreation Building Renovation Playground - remove existing & replace Renovate Handball and Basketball Courts Renovate and Upgrade Ballfield Lighting Repair or Replace Ballfield Structures (backstop, dugouts, bleachers) and Fencing Irrigation System (install new) Repaint Perimeter Wall New Site Furnishings (picnic tables, benches, and bike rack) New Recreation Building Furnishings Landscaping and Walkway Improvements SUBTOTAL Design (.architectural, engineering, landscape architectural) Administration $ 50,000 $ 22,300. $ 21,700 $120,000 $ 30,000 $ ` 8' 500 $ 4,000 $ .5,000 $ A' f ', 800 .$- -4-1-500 $270,800 $` 1.3',-6:00 TOTAL $315 000 r r Y4 `icll4��*l R+ EsTIHATLD AHOUn Or uPARR ASSISTANCE FOR THIS PROJECT $ 250*,000 The information contained herein is a part of Agreeaent No.12-•CTY--2010-91b.1 and Amendment thereto Flo. FNP 10-913 -- . 453`; Revised 5/92 �I��Ir��lr�rrPII Ilrrrr _:. .. 91- 453 VRBAX VAU AND RRCR*ATION RBCO'VNRT PROCR" Gp"T OXYRRAL PROVISION$ A. The term "NPS" as used herein means the National Park Service, United States Department of the Interior. B. The term "UPARR" as used herein means the "Urban Park and Recreation Recovery" program. C. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for the Director. D. The term "Manual" as used herein means the Urban Park and Recreation Recovery Program Administration Guideline, NPS-37. E. The term "grant" as used herein means the act of providing a specific sum of money to execute and administer a specific project or projects consistent with the terms of a signed agreement; also the amount of money requested or awarded. F. The terns "grantee" or "participant" or "sponsor" as used herein means the general purpose local government receiving a UPARR grant for its given use, or for authorized pass -through to another appropriate public or private non-profit agency. G. The term "pass -through" as used herein means the transfer of funds at the discretion of the applicant jurisdiction, to independent, general or special purpose local governments, private non-profit agencies (including incorporated community or neighborhood groups), or county or regional park authorities, who offer recreation opportunities to the general population within the jurisdictional boundaries of an eligible applicant. H. The term "special purpose local government" as used herein means any local or other limited political subdivision of a State, including, but not limited to: park authorities, park, conservation, water or sanitary districts, and school districts. I. The term "private non-profit agency" as used herein means a community based, non-profit organization, corporation, or association organized for purposes of providing recreational, conservation and/or educational services' directly to urban residents; either on a neighborhood or communitywide basis, through voluntary donations, voluntary labor, or public or private grants. J. The term "project" as used herein means a single site -specific area or service -specific program proposed or approved for funding. L] K. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for the Secretary.. The parties to the project agreement specifically recognize that grant assistance from the UPARR program creates an obligation to maintain the property described in the project agreement consistent with the UPARR Act of .1978 (Pub. L. 95-625) and the following requirements. A. The grantee agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further impose these requirements, and the terms of the grant agreement, upon any aubgrantee to which funds are transferred pursuant to the grant agreement. The grantee also agrees that it shall be responsible for compliance with the terms of the grant agreement by such a special purpose local government or private non-profit agency and that failure by such government or private agency to so comply shall be deemed a failure by the grantee to comply with the terms of this agreement. B. The grantee agrees that the property described in the project agreement and the dated project boundary map made part of that agreement is being rehabilitated or developed with UPARR assistance, or is integral to such rehabilitation or development, and that, without the approval of the Secretary, it shall not be converted to other than public recreation use but shall be maintained in public recreation in perpetuity or for the term of the lease in the case of leased property. The Director shall approve such conversion only if it is found to be in accord with the then existing Recovery Action Program and only upon such conditions deemed necessary to assure the substitution of other recreation properties of reasonably equivalent usefulness and location. This replacement land becomes subject to Section 1010 protection of the UPARR Act. The approval of a conversion shall be at the sole discretion of the Director, or his designee. Prior to the completion of this project, the grantee and the Director may mutually alter the area described in the grant agreement and the dated project boundary map to provide the most satisfactory public recreation unit. In the event that NPS provides UPARR assistance for the rehabilitation or development of property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said property to other than public recreation uses as a result of such reversionary interest being exercised is approved. In receipt of this approval, the grantee agrees to notify NPS of the conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions. The grantee further agrees to effectuate such replacement within a reasonable period of time, acceptable to the Director, after the conversion of property takes place. The provisions of this paragraph are also applicable to all leased properties rehabilitated or developed with UPARR assistance. PUP 10-912 Revised 3/91 -2- 0 91.- 453 C. The grantee agrees that the benefit to be derived by the United States from the full compliance by the grantee with the terms of this agreement is the preservation, protection, and the net increase in the quality of public recreation facilities and resources which are available to the people of the grantee's jurisdiction and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The grantee agrees that payment by the grantee to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the grantee of this agreement. The grantee further agrees, therefore, that the appropriate remedy in the event of a breach by the grantee of this agreement shall be the specific performance of this agreement. D. The grantee agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed in 36 CFR 72.65 (a) . E. The grantee agrees that a permanent record shall be kept in its public property records and available for public inspection to the effect that the property described in the scope of the project agreement, and the dated project boundary map made part of that agreement, has been rehabilitated or developed with UPARR assistance and that it cannot be converted to other than public recreation use without the written approval of the Director. 1. The grantee shall comply with Title VI of the Civil Rights Act of 1964 (Pub.L. 86-352) and all requirements imposed by or pursuant to the Department of Interior Regulation (43 CFR 17) issued pursuant to that Title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, religion, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of any property or facility rehabilitated or developed pursuant to the project agreement. The grantee shall immediately take any measures necessary to effectuate this provision. This assurance shall be binding on the grantee, or on any appropriate subgrantee to which UPARR assistance for programs, services, or property rehabilitated or developed with UPARR assistance, has been transferred for public recreation purposes. 2. The grantee shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. 3. The grantee shall comply with the regulations and guidelines promulgated pursuant to the Civil Rights Act of 1964 by the Secretary of the Interior and the National Park Service. FNP 10-912 Revised 3/91 -3- �81 91- 453 9:1�- 453 4. The provisions of the first three paragraphs apply to any part of the recreation system within which the assisted facility or property exists. 5. The grantee shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the regulations. 6. The grantee shall comply fully with the provisions of Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of handicap in program participation and requires program accessibility, both structural and non-structural, and requires maintenance of a self -evaluation of all programs. The grantee shall comply with applicable regulations, policies, guidelines and requirements including 43 CFR Part 12.41 - 12.92 (Administrative Requirements and Cost Principles for Assistance Programs), A-87 (Cost principles for State and Local Governments), and A-126 (Audits of State and Local Government) as they relate to the application, acceptance and use of Federal funds for this federally assisted project. 1. The Application for Federal Assistance bearing the same project number as the agreement, and associated documents, is by this reference made a part of the agreement. 2. The grantee possesses legal authority to apply for the grant, and to finance and carry out all the actions described in this grant agreement. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the application and to provide such additional information as may be required. 3. The grantee has the ability and intention to finance the non -Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities rehabilitated or developed and/or services provided through assistance of this grant. FNP 10-912 Revised 3/91 -4- Oq 1. The grant period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity, and shall terminate at the end of the stated or amended grant period unless the project is completed or terminated sooner in which event the grant shall and on the date of completion or termination. 2. The grantee shall transfer such funds as identified in the application for any pass -through project sponsor to that sponsor. 3. The grantee will cause work on the project to be commenced within a reasonable time after receipt of notification that the grant has been approved, and funds obligated, or the grant may be terminated by NIPS. The grantee will assure that the project or projects covered by this grant will be prosecuted to completion with reasonable diligence. 4. The grantee will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480), and DOI Section 504 Regulations (43 CFR Part 17). S. The grantee shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 6. In the event the project covered by the grant agreement cannot be completed in accordance with the plans and specifications for the project; the grantee, at the discretion of the Director, shall bring the project to a point of recreational usefulness agreed upon by the grantee and the Director or his designee. 7. The grantee will provide for 'and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; and will furnish progress reports and such other information as NPS may require. 8•. Where applicable, the grantee will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub.L. 91-646), 94 Stat. 1894 (1970), and shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 9. The grantee will comply with the provisions of: Executive Order 11980, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands. 10. The grantee will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the FNP 10-912 Revised 3/91 -5- 99- 453 io purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 11. The grantee will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of violating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the NPS of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. The grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. The grantee further agrees to insert this clause into any contract or subcontract in excess of $100,000. 12. The grantee will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et aeq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that, are subject to effects (see CFR Part 600.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. D. Snnatr"r_tann Contracted for by the Grantee iShall Meet the Following RgiV rnman _a 1. Contracts for construction shall comply with the provisions of 43 CFR part 12.41 - 12.92, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 2. No grant or contract may be awarded by any grantee, aubgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12549. E. Re e t en and CUsto isl RaQU rAmant+ for Recnrd± 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 CFR part 12.41-12.92 for a period of three years: except the records shall be retained beyond the three-year period if audit findings have not been resolved. FNP 10-912 Revised 3/91 -6- 1-4 453 Paz 2. The retention period starts from the date of the final expenditure report for the project or the consolidated project element. 3. Local governments are authorized to substitute microfilm copies in lieu of original records. 4. The Secretary of the interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the grantee and its subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the grantee or pending a decision to terminate the grant by NPS. 2. The grantee may unilaterally terminate the grant at any time prior to the first payment. After the initial payment, the project may be terminated, modified, or amended by the grantee and NPS by mutual agreement. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the grantee, in writing, of the determination and the reasons for the termination, together with the effective date. Payments made to grantees or recoveries by NPS under grants terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Director or grantee may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. NPS may allow full credit to the grantee for the Federal share of the noncancelable obligations, properly incurred by the grantee prior to termination. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the grantee and the Director or that all funds provided by the National Park Service be returned. FNP 1Q-912 Revised 3/91 -7- 91 453 a i. G, t6bby ng with AppropriatAd .F nd_a_ The grantee must certify that no Federally appropriated funds have been paid or will be paid, by or an behalf of the grantee, to any person 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 the awarding, extension, continuation, renewal, amendment, or modification of this grant. in compliance with Section 1352, title 31, U.S. Code, the grantee will complete and file a certification that it has not made, and will not make, any Such payment. H. provision of a Dreg -Free Work tp_ace The grantee must certify, in compliance with the Drug -Free Workplace Act of 1988 (43 CFR Evart 12, Subpart D), that it will maintain a drug -free workplace. 0 FNP 10-912 Revised 3/91 -8- .�- 453 CI-3 91- 453 4 U.S. Department of the [nteriv Certification Regarding Debarment, Suspensions and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 43 CFR fart 12, Section 12.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Re 'ster (pages 19160-19211). Copies of the regulations are included in the proposal package. For further assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management,l8th and C Streets, N.W., Washington, D.C. 20240. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal 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 antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Cesar H. Odio, City Manager, City of Miami, Florida Name and Title of Authorized Representative Signature �; x Ur ... , Date 91 --• 453 9.1-.• 453 DI.19S3 (M) In actions for Certificat' n • 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person -from participation in this transaction. 3. *The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"n participant,n" person,un primary covered transaction," "principal; "'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal, that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Tel.#). 9. 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. 10. Except for transactions authorized under paragraph S of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended: debarred ineligible, or voluntarily excluded from participation in this transaction, in WItion to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 9 �11-- 453 �1- 453 i Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs The Lists of Partiett Excluded from Federal Procure- ment or Nonprocurement Programs, Issued monthly, identifies those parties excluded throughout the U.S. Government (unless otherwise noted) from receiving Federal contracts or certain subcontracts and from certain types of Federgljinancial and nonfinancial assistance and benefits. The Lists of Patties Excluded from Federal Procure- ment or Nonprocurement Programs supersedes the Consolldated List of bebarred, Suspended, and Ineligible contractors. The new Lists of Parties incorporates all the listings of the superseded Consolidated List and has a new, additional section, Parties Excluded from Nonprocurement Programs. It is maintained by the U.S. General Services Administration (GSA) for the use of Federal agencies and others involved in Federal programs and activities. The Lists of Parties Is structured in accordance with a recommen- dation from the Interagency Committee on Debarment and Suspension. Purpose of Lists of Parties The functions of the two sections of the Lists of Parties are distinct and are explained below. The first section, Parties Excluded from Procurement Programs, lists contractors that are excluded govemmentwide, unless otherwise noted, from Federal procurement and/or sales programs. Such an exclusion may be based on the administrative debarment, suspension, or proposed debarment of a contractor by an agency in accordance with Federal Acquisition Regulation (FAR) 9.4, Federal Property Management Regulations (FPMR) 101-4S.6, Government Printing Office JGPO) instructions I10.11A, or U.S. Postal Service (PS) Publication 41. An exclusion may also be the result of action by a Federal agency under the authority of a statute, executive order, or regulation applying to procurement programs. The second section, Parties Excluded from Non - procurement Programs, lists persons (individuals and entities) excluded govemmentwide, unless otherwise noted, from certain types of Federal financial and nonfinancial assistance and benefits. An exclusion may be based on an administrative debarment or suspension by any Federal agency or the voluntary exclusion of a person under agency regulations implementing Executive Order 12649. Parties (Excluded from Nonprocurement Programs also includes actions under the authority of a statute, another executive order; or a regulation applying to noriprocurement programs. For either section, the treatment to be accorded to a party listed depends on the type of exclusionary action and the authority under which the action was taken. The cause for the exclusion and the treatment of the parry excluded are noted by a code in the listing. These codes are explained under the heading "Cause and Treatment Codes" for the Parties Excluded from Procurement Programs and for the Parties Excluded from Nonprocurement Programs. A user of the Lists of Parties should refer to the appropriate cause and treatment code explanation before determining a listed parry's status. How To Obtain Copies Federal agencies may purchase annual bulk subscriptions to the Lists of Parties at cost from the U.S. Government Printing Office. Agencies should arrange for their own internal distribution. The agency contacts under the heading "For Additional Information" are aware of the procedures for purchasing and distributing subscription copies. Nonfederal persons or organizations interested In obtaining subscriptions to the Lists of Parties should contact the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The telephone number is (202) 783-3238 on commercial lines or 783-3238 on the FTS (Federal Telecommunications System). Electronic Lists of Parties The Lists of Parties is electronically available through GSA's Federal Supply Service (FSS) Multi -Use File for Interagency News (MUFFIN). The MUFFIN system Is available 24 hours a day, 7 days a week. To use the electronic Lists of Parties, you must have access to an asynchronous, ASCII terminal (e.g., a word processor or a microcomputer) equipped with communications software and a "modem" or "coupler." A modem is a device that permits signals from the terminal to be sent across the telephone lines. Users can access the electronic system using FTS or commercial telephone lines. The service is free except for the normal costs of local and FTS telephone calls. For further information on how to access the system or to obtain a User's Manual, please call Ms. Natalie L Jones at (202) 501-3566/FTS 241-3566 or Ms. Jacqueline M. Higgins at FTS/202-501-4740/FTS 241-4740. Telephone inquiry Service A telephone -inquiry answering service is available in GSA's Office of Acquisition Policy for general questions about entries in the Lists of Parties. The number to call either during or after normal business hours is (202) 501-0688. Your call will be recorded and answered either the same day or the following working day. 01(:� ,91 ,_ 453 For detailed Information (e.g., on the basis for an action or an explanation of the treatment to be accorded) regarding an excluded party, call the appropriate agency contact person duping business hours. Agency contact names and telephone numbers are shown under the heading "For Additional Information." How to Use the Lists of Parties Entries in the two —sections of the Usts of Parties are In the same format as in the superseded Consolidated List, but the two sections are color coded. Parties Excluded from Procurement Programs Is in black and Parties Excluded from Nonprocurement Programs is in blue. in each list, the names of the excluded parties are presented alphabetically in main entries and cross references. An initial asterisk (•) indicates an action without govemmentwide effect. In the main entry, the initial name is in boldface and is followed by. • An address. • An Italicized alphabetical listing, in parentheses, of other excluded parties involved in the action. • A code letter indicating the cause of the action and the treatment to be accorded the excluded parties. • The abbreviated name of the agency or other authority Imposing the action. • The termination date of the action in boldface. • Dun and Bradstreet's D-U-N-S number, if any. Information Is in the same order in each entry. However, some entries may be incomplete where only limited Information was provided to GSA. For additional facts, contact the agency taking the action. In a cross reference, the name under which the entry is listed Is to a lighter type followed by the name, in boldface, under which the main entry is indexed. Generally, all information on the excluded parties is shown only In the main entry. However, when the party listed in the cross reference has a different address, termination date, or Dun and Bradstreet's D-U-" number from the main entry, these items are given In the cross reference. Cause and treatment codes for each section are Codes. under the headings "Cause and Treatment For Additional information inqufrles regarding excluded parties should be directed to the agency contacts points noted below. Telephone numbers are in area code 202 unless otherwise Identified. Federal officials calling long distance should use the FTS (Federal Telecommunications System) or AUTOVON (Automatic Voice Network). Contacts are given in alphabetical order by agency abbreviations. Names and telephone numbers of contact persons are dolor coded to coincide with the two lists; procurement Contacts are In black, and nonprocurement contacts are in blue. If the contact name and number are the same for both procurement and nonprocurement, the name will appear to black underlined with blue. ACDA, Anne Control end Disarmament Agency Sally M. Monroe (703) 23632M ACTION ' Margaret McHale 634-9150 AF, Department of the Air Force Mary Mann (703) 614.6359 AiD, Agency for International Development Robert S. Perkins Elizabeth Cordaro (703) 875.4181 (703) 876-1636 ARC, Appalachian Regional Commission Kenneth L. Shepard 673.7886 ARMY, Department of the Army Gregory Campbell (703) 696.1550 CCR, Commission on Civil Rights Betty Edmiston 376-8105 CPSC, Consumer Product Safety Commission Barbara J. Twombly (301) 492.64" DLA, Defense Logletics Agency Joan Hakierman (703) 274.6052 DMA, Defense Mapping Agency M. Labovitz 653-0076 DNA, Defense Nuclear Agency David G. Freeman (703) 326-1183 DOC, Department of Commerce James Maruca Barbara Splthas 377-5614 377.6817 ' DOE, Department of Energy } L. James Tillman , 586-9065 DOI, Department of the Interior Dean Tltcomb i 2083433 DOJ, Department of Justice Larry Sims Cynthia Schwimer 514.6870 (D,enloseneft PtRral 3073186 DOL, Department of Labor Rae Glass Robert Greaux (Codes D and G) (Coda F) 523.8305 523-9471 2 C 91--- 453 Danial p. Murphy HHS, Department of Health and Human Services E234W N611 SteY�l Wendy Dawson 245-0729 DOT, Department of Transportation (Code WM Don ward 38111- 6 ED, Department of Education Mary Hughes -'a,. ': Gardner Thurman 708.8529 , ;: 401-0207 EEOC, Equal Employment Opportunity Commission Sharon Dueil 6B3.4200 EPA, Environmental Protection Agency Tracy Gipson Robert F. Meunier 4code 7547800 475-8025 B, R, S, and X) EXIMK, Export -Import Bank of the United States Helene H. Wall 566.8i l l FCA, Farm Croilt Administration Mike Inlow (703) 883-4149 FCC, Federal Communications Commission Nydia M. Coleman 634-1630 FEC, Federal Election Commission Larry D. McCoy 376.6270 FEMA, Federal Emergency Management Agency Christine Makris Arthur Curry 646.3743 6463718 Fl.RA, Federal Labor Relations Authority Clyde Brandford 382-0711 FMCS, Federal Mediation and Conciliation Service Lee A. Buddendeck 653.5320 FTC, Federal Trade Commission Jean D. Sefohick 326-2258 GAO, General Accounting Office Robert G. Crystal 2754MI GSA, General Services Administration Natalie L Jones Jacqueline M. Higgins 501-3566 501-4740 GPO, Government Printing Office Anthony Valentine 275,2M HUD, Department of Housing and Urban Development Kathy Thomasson Housing, and Public and Indian Housing (P) 708-3776 Michael R. Phelps -- Office of Audits (A) 708-0364 John Barnett Community Planning and Development (C) 708.2087 NARA, National Archives and Records Administration O. R. Whitelock Nancy Taylor 601.6920 501-5803 NASA, National Aeronautics and Space Administration Thomas J. Whelan 463-8251 NAVY, Department of the Navy Stephen Parvin (703) 602.2322 NEA, National Endowment for the Arts Donna DIRicco 682-5403 NEH, National Endowment for the Humanities Terry Ellis David Wallace 786-0364 786.0494 NLRB, National Labor Relations Board Donald Probst 634-4019 NRC, Nuclear Regulatory Commission Marylyn Scott 492-8788 NSF, National Science Foundation Stephen J. Fmnko 357.7880 OPIC, Overseas Private Investment Corporation Michael W. Swearingen 457-7150 OPM, Office of Personnel Management Fred Chappertop 606.2240 PC, Peace Corps Joseph Radford 2643513 PS, Postal Service Susan McKeon 266.4639 91- 453 91- 453 1 .. . --,a -1 al.,. I..�...inr � 3rnt DO U.S. Department of the Interior Certification Regarding Lobbying This certification is required by Section 1352, title 31, U.S. Code, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions." (BEJV6R8 COMPLETING CERTIFICAT16N, READ INSTRUCTIONS ON REVERSE) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to ;.any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Cesar H. Odio, City Manager City of Miami, Florida Date 01190 4"94 8i_ 453 ry NS. Department of the Interior Certification Regarding Drug -Free Workplace Requirements This Certification is required by the regulations implementing the drug -free workplace requirements for Federal grant recipients under the Drug -Free Workplace Act of 1988. The regulations were published as Part II of the January 31, 1989, Federal Re is a (pages 4947-4966). A copy of the regulations is Included in the proposal package. For`'further assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C Streets, N.W., Washingtar,-O.C. 20240. _ (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) Alternate L (FCFA GRANTEES OTHER THAN INDIVIDUALS) A. The grantee certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, posses- sion or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace: (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (a), and (1). B. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address. city, county, state, zip code) Dorsey Park 1701 N.W. First Avenue Miami, Florida 33136 Cesar H. Odio, City Manager, City of Miami, Florida Name and Title of Authorized Representative Signature Date 01-1966 (2/a9) 91-'453 9 -- 453 3 CITY OF MIAMI, FLORIDA 34 INTER -OFFICE MEMORANDUM TO, Honorable Mayor and Members of the City Commission FROM: 4��e� Cesar H. Odio, City Manager DATE: MAY 2 91991 FILE: sue.EC.: Resolution for Federal Grant for Dorsey Park REFERENCES: ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution accepting the offer of a grant in the amount of $250,.000 from the National Park Service for the renovation of Dorsey Park and 'authorizing the City Manager to execute the necessary documents for this purpose. BACKGROUND As directed by Resolution No. 91-22 adopted January 10, 1991, the Department of Parks and Recreation submitted an application for grant funding to the National Park Service (NPS), U.S. Department of Interior under its newly reinstated Urban Park and Recreation Recovery Program (UPARR). Based upon UPARR guidelines and criteria, and because it has not had funding for needed improvements for many years, the Administration selected Dorsey Park from among City parks for the grant proposal. The requested grant in the amount of $250,000 would be used for general renovations and capital improvements to this recreational facility in Overtown. From among nearly 250 applicants, the National Park Service has approved the City's application and has made an offer of a grant in the requested amount. Prior to final approval of the grant by the federal government, the City must provide additional documentation and certifications and must execute a grant agreement. Authorization for this action is now requested. The grant project will consist of comprehensive renovations to the park's recreational facilities, including the recreation. building and its handicapped accessibility, the softball field and its lighting, bleachers and dugouts, the basketball and handball courts, the playground, general site furnishings, landscaping and irrigation. The required matching funds of $50,000, which was also a grant from the State of Florida, have already been appropriated in the Capital Improvement Program by Ordinance No. 10782 in Project No. 331357. In addition, the City has a private donation of $15,000 for Dorsey Park in the Park Development Fund by Ordinance No. 10731 for a total project of $315,000. 3y C I"' 1® DESCRIPTION Recreation Building Renovation Playground - remove existing & replace Renovate Handball and Basketball Courts Renovate and Upgrade Ballfield Lighting Repair or Replace Ballfield Structures (backstop; dugouts, bleachers) and Fencing Irrigation System (install new) Repaint Perimeter Wall New Site Furnishings (picnic tables, benches, and bike rack) New Recreation Building Furnishings Landscaping and Walkway Improvements SUBTOTAL Design (architectural, engineering, landscape architectural) Administration TOTAL FUNDING UPARR Grant/National Park Service 1990 Legislative Line Item Grant/Florida Department of Natural Resources Private (Developer) Donation/Park Development Fund ESTIMATED $ 50,000 $ 22,300 $ 21,700 $120,000 $ 30,000 $ 8,500 $ 4,000 $ 5,000 $ 4,800 S 4,500 $270r800 $ 30,600 S 13,600 $315,000 AMOUNT $250,000 50,000 15,000 $315,000