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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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