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HomeMy WebLinkAboutO-10671`1. J-89-956 11f02/89 ORDINANCE NO. 10671 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, AMENDING SECTION 1 OF ORDINANCE NO. 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW PROJECT ENTITLED "GENERAL ANTONIO MACEO PARK DEVELOPMENT" PROJECT NO. 331354 IN THE AMOUNT OF $470,000; APPROPRIATING FUNDS IN SAID AMOUNT FOR SAID PROJECT FROM A GRANT FROM THE GENERAL ANTONIO MACEO FOUNDATION/FY'89 STATE LEGISLATIVE GRANT IN THE AMOUNT OF $170,000 AND FROM A FY'90 STATE LEGISLATIVE GRANT IN THE AMOUNT OF $300,000; ALLOCATING AN ADDITIONAL AMOUNT NOT TO EXCEED $3,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE ACTIVITIES OF THE GENERAL ANTONIO MACEO FOUNDATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE FUNDING AGENCIES FOR THIS PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City Commission adopted Ordinance No. 10642 on September 28, 1989, appropriating funds for Capital Improvement projects; and WHEREAS, the City -owned property known as General Antonio Maceo Park was acquired with assistance from the U.S. Department of the Interior, National Park Service through the State of Florida, Department of Natural Resources under the Land and Water Conservation Fund program; and WHEREAS, said program mandates that the development of said park was to have been completed within a specified period of time; and WHEREAS, in order to avoid the imposition of severe penalties by said State and Federal agencies, the City must complete certain improvements and must open the park to the public no later than August 1, 1990; and WHEREAS, the City Manager and the Director of the Department of Parks, Recreation and Public Facilities have determined that the above situation necessitates emergency action relative to the development of said park; and 101671 n ltliA`.i, the City Manager and the Director recommend the establishment of an additional project within the Capital Improvement Program entitled "General Antonio Maceo Park Development"; and WHEREAS, the total Project will include development of the entire park, encompassing such elements as shoreline stabilization, waterfront amenities (boat ramp, walkways and finger piers), picnic area(s), parking, a recreation/community building, playground, historic/nature walk, general site improvements and furnishings; and WHEREAS, it is necessary that Phase 1 of the Project begin immediately in order to meet the August 1, 1990 deadline; and WHEREAS, funds in the total amount of $470,000 have been made available as grants from the General Antonio Maceo Foundation and from State of Florida Direct Legislative Appropriations of Land Acquisition Trust Funds; and WHEREAS, it will be necessary for the City to enter into agreements for the acceptance of these funds; and WHEREAS, pursuant to Resolution No. 87-64 adopted January 8, 1987, the City Manager has negotiated the attached agreement with the General Antonio Maceo Foundation which provides for said grant, and which details its services in an advisory capacity and establishes the terms and conditions for the expenditure of funds raised by the Foundation for the development of the Park; and WHEREAS, said agreement contains additional provision for the City to compensate the General Antonio Maceo Foundation in the amount of $3,000 from Special Programs and Accounts for expenses relating to said Foundation's activities; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby incorporated by reference thereto and adopted as if fully set forth in this Section. Section 2. Section 1 of Ordinance 10642, adopted September 28, 1989, as amended, is hereby further amended in the following particulars: l/ 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. All figures are rounded to the nearest hundred dollars. 10671 - 2 - W "Section 1. The herein appropriations are hereby made for implementation of all municipal capital improvements of the City of Miami, including new capital improvement projects scheduled to begin during fiscal year 1989-90. The herein appropriations which are hereby designated by reference to descriptive project title and number also include appropriations for previously approved scheduled projects as well as reappropriations of prior fund appropriations. The source of revenues to support the herein appropriations is hereby identified by fund and project with the project appropriations and revenues therefor being set forth for seven program (I-VII) areas based upon use or functional category within said areas, as follows: Total Appropriations ($ x 000) IV. PARKS AND RECREATION PARKS AND RECREATION A. CAPITAL PROJECTS * * * * * * * * * * * * * * * * * * * * 47. General Antonio Maceo Park Development $ 470.0 331354 (a) $170.0 - Grant from Maceo Foundation/ State of Florida, Direct Appropriation FY'89 (b) $300.0 - State of Florida, Direct Appropriation FY'90 * * * * * * * * * * * * * * * * * * * * of Section 3. An additional amount not to exceed $3,000 is hereby allocated from Special Programs and Accounts, Contingent Fund, to the General Antonio Maceo Foundation in support of its activities. Section 4. The City Manager is hereby authorized to accept said grants and to execute the necessary agreements,—!' in substantially the attached form with the General Antonio Maceo Foundation, and in a form acceptable to the City Attorney with the State of Florida, for said project. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City 10671 Charter and Code provisions. - 3 - Section 7. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami and upon the further grounds of the necessity to make the required and necessary purchases and payments and to generally carry out the functions and duties of municipal affairs. Section 8. The requirements of reading this Ordinance on two (2) separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. Section 9. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED this 30th day of Noyember , 1989. 00 4HIATT:RAI, CITY CLERK FINANCE REVIEW: CA S ARCIA, DIRECTOR FINANC DEPARTMENT CAPITAL BUDGET REVIEW: EDUARD RODRIGUEZ, CAPIT L IMPROVEMENT MANAGER PREPARED A CH ASSISTANT CITY ATTORNEY XAVIER,,Lj SUAREZ R BUDGET REVIEW: r MAONOH URANA, DIRECTOR BUDGE PARTMENT APPROVED AS TO FORM AND CORRECTNESS: '1 - 4 - 16671 AGREEMENT between CITY OF MIAMI, FLORIDA and The General Antonio Maceo Foundation, Inc. PRF #89-082/G :106 71, AGREEMENT BETWEEN THE CITY OF MIAMI AND THE GENERAL ANTONIO MACEO FOUNDATION This Agreement entered into this day of 1989, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and The General Antonio Maceo Foundation, Inc., a not for profit Florida corporation, hereinafter referred to as "FOUNDATION". R E C I T A L WHEREAS, the CITY is desirous of securing the services of a local, private, not -for -profit organization to assist it with the planning of development and improvements to the City -owned property known as General Antonio Maceo Park, (hereinafter "PARK") located at 5515 NW 7th Street, Miami, Florida; and WHEREAS, the CITY is also desirous of securing the services of a such an organization to assist in the identification and attainment of funding for such PARK development and improvements; and WHEREAS, FOUNDATION has expressed its willingness to assist the CITY by providing such services; and WHEREAS, the City Commission, via Resolution No. 87-64 adopted January 8, 1987 authorized the City Manager to negotiate an Agreement with FOUNDATION for the provision of said services in an advisory capacity and to establish the terms and conditions for the expenditure of funds for the PARK's development and improvements; and WHEREAS, the FOUNDATION holds the professional qualifications and community involvement expertise required for these services; and WHEREAS, the FOUNDATION is capable and desirous of performing such services and other allied tasks as might be desired by the CITY: - 1 - 10671 V �roRE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and - agree as follows: I. TERM The term of this Agreement shall be from , 1989, through , 1990. The CITY MANAGER may extended such term for up to three (3) additional and consecutive one (1) year periods upon mutual written consent and upon satisfactory performance of the FOUNDATION as determined by the CITY MANAGER. II. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply to terms repeated throughout. A. CITY: Shall mean the City of Miami, Florida, a municipal corporation of the State of Florida. B. CITY COMMISSION: Shall mean City Commission, the publicly elected board of the City of Miami, Florida. C. CITY MANAGER: shall mean the City Manager or Chief Administrative Officer of the CITY, or designee. D. DEPARTMENT: Shall mean the CITY's Department of Parks, Recreation and Public Facilities, with its administrative offices located at 1390 NW 7th Street, Miami, Florida, 33125. E. DIRECTOR: Shall mean the director or chief administrative officer of the DEPARTMENT, or designee. F. DNR: Shall mean the State of Florida, Department of Natural Resources, and all its administrative divisions and/or programs with jurisdiction in matters relating to this Agreement and the PARK, in particular, the Division of State Lands and Division of Recreation and Parks; with offices located at 3900 Commonwealth Boulevard, Tallahassee, Florida 32399. G. FOUNDATION: Shall mean the General Antonio Maceo Foundation, Inc., a not -for -profit Florida corporations with offices located at 836 Para(iiso Avenue, Coral Gables, F1. 33146. 17. � 2 - 10671 H. INTERIOR: Shall mean, primarily, the United States Department of the Interior, and all its administrative divisions and/or programs with jurisdiction in matters relating to this Agreement and the PARK, in particular, the National Park Service with its Southeast Regional Office located at 75 Spring Street S.W., Atlanta, Georgia 30303. I. LIAISON: Shall mean the employee or representative of the DEPARTMENT appointed by the DIRECTOR to serve as the point of contact, supervisor and coordinator in matters relating to this Agreement. J. PARK: Shall mean the currently undeveloped CITY -owned property known as General Antonio Maceo Park, formerly known as Blue Lagoon Park, located at 5515 NW 7th Street, Miami, Florida. K. PROJECT: Shall mean the planning, design and construction of improvements for the PARK, including all related activities, including without limitation community input, funding and procurement. L. PUBLIC WORKS: Shall mean the CITY's Department of Pubic Works, with its principal office located at 275 NW 2nd Street, Miami, Florida 33.128. M. REPRESENTATIVE: Shall mean the individual designated by the FOUNDATION to serve as the point of contact, supervisor and coordinator in matters relating to this Agreement. III. GENERAL INFORMATION A. AUTHORITY: The CITY COMMISSION, CITY MANAGER or DIRECTOR, as applicable, shall be the final authority in all decisions affecting the PARK and PROJECT, which decisions shall comply with all applicable DNR and INTERIOR requirements, in particular: the State of Florida, Department of Natural Resources, Administrative and Accounting Requirements for Land Acquisition Trust Funds and Contract No. C-5700 for Project No. 88-050; and the U.S. Department of the Interior, National Park Service, Land and Water Conservation Fund Act of 1965, Statute 897 (1964), as amended. 1�-A - 3 - 10671 PROJECT shall be based upon the CITY's original program and plan entitled "Blue Lagoon Preliminary Development Plan" -� dated October 1978, submitted to DNR anti INTERIOR in 1980, and as modified by PUBLIC WORKS plan entitled "Conceptual Land Use Plan - Gen. Antonio Maceo Park" dated September 21, 1988. Any modification thereto shall be subject to the approval of DNR and INTERIOR, as well as other affected governmental entities and/or agencies with jurisdiction, and any decision to request such modification shall be made by DIRECTOR upon full consideration of the impact on time, funding and related factors. C. DEVELOPMENT SCHEDULE: Phase I of PROJECT shall be completed not later than August 1, 1990 at which time the PARK shall be open to the public. The CITY, through DEPARTMENT and PUBLIC WORKS, shall establish all time frames for future and complete development of the entire PROJECT and completion of the PARK. Said schedule shall be under the control of the CITY and tOUNDATION shall abide by same. D. CITY COORDINATION: Activities of the FOUNDATION shall be generally coordinated by the DIRECTOR of the Department of Parks, Recreation and Public Facilities and under the direct responsibility of the employee or agent appointed as liaison by the DIRECTOR, hereinafter referred to as LIAISON, who will serve as the point of contact, supervisor and coordinator in matters relating to this Agreement. E. PUBLIC BENEFIT: FOUNDATION and CITY understand and agree that the PARK was acquired for the public's open space and recreational benefit in perpetuity, and as such, community review and input are ongoing requirements, particularly related to existing and future grant funding from DNR and INTERIOR. h , Im IV. FOUNDATION RESPONSIBILITIES: FOUNDATION shall assist CITY with the planning, development and implementation of the PROJECT, which may be phased into multiple segments by CITY, based on funding and other considerations. Specific areas of responsibilities shall be fund-raising and project coordination assistance. The FOUNDATION will undertake the following activities: A. GENERAL REQUIREMENTS I. Meetings: The FOUNDATION shall schedule, coordinate, assist and attend meetings with staff, outside consultants, City Commission, community and others as directed by DIRECTOR or LIAISON. 2. Representation: The FOUNDATION shall designate one individual within its organization to serve as its REPRESENTATIVE in a liaise capacity who will converse regularly with LIAISON, prepare and/or submit required documentation, and who will generally function as the point of contact between CITY and FOUNDATION. If REPRESENTATIVE fails to adequately fulfill his/her responsibilities to the satisfaction of the DIRECTOR, then FOUNDATION shall designate another individual to serve in this capacity upon ten (10) days notification by DIRECTOR. 3. Resources: The FOUNDATION shall devote adequate and necessary personnel and other resources that are required to meet responsibilities in a timely manner. 4. Compliance: The FOUNDATION shall comply with all applicable time and fiscal requirements. B. FUND-RAISING AND DONATIONS: 1. Goals and Objectives: FOUNDATION shall prepare a planned program of donation and fund-raising goals and objectives that is compatible with STATE and FEDERAL requirements and which must be acceptable to CITY's plan'of PROJECT implementation. 2. Activities: FOUNDATION shall endeavor to conduct a minimum of four (4) fund-raising activities and/or - 5 - 10671. 4 m _l �l '1 programs, including the preparation and filing of grant applications, per year in order to meet established fundraising goals. - 3. Authorization: The FOUNDATION shall submit to LIAISON for DIRECTOR's review all requests, applications, and required documentation, for grants and/or donations prior to submittal to funding agency. 4. Receipt of State Grants: Subject to the approval of the funding agency, the FOUNDATION shall ensure that state grant monies allocated for the PARK and/or PROJECT, in particular the FY'90 State of Florida Direct Appropriation Line Item Grant in the amount of $300,000, are made payable to CITY or jointly payable to the CITY and FOUNDATION, unless DIRECTOR otherwise approves in advance of such receipt of funds. If such funds are received by FOUNDATION, then FOUNDATION shall transfer same to CITY within five (5) days of FOUNDATION's receipt. 5. Existing Grant Funds: The FOUNDATION shalt turn over to CITY all state grant funds received to date for PROJECT, in particular the FY'89 State of Florida Direct Line Item Appropriation Grant in the amount of $170,000, of which $153,000 has been advanced to the FOUNDATION by DNR, upon authorization from the funding agency. 6. Other Cash Grants and/or Donations: The FOUNDATION solicit and accept such other grants, donations and other like revenue for the PARK and/or PROJECT, in accordance with the provisions of this Agreement. At such times as may be mutually determined by the DIRECTOR and FOUNDATION, such funds may be turned over to the CITY, or the FOUNDATION may direct their dispersal or expenditure according to the terms of the funding source. If sucli funds are: turned over to the CITY, the CITY MANAGER may accept same by amendment to this Agreement, and said funds shall only be expended i 6 - 11 , 106711 11 in the manner prescribed herein. If such funds are retained by the FOUNDATION and are to be spent on capital improvements, equipment, or durable goods directly for the PARK and/or PROJECT, then the DIRECTOR shall be consulted for his recommendation prior to such expenditure. 7. In -Kind Donations: FOUNDATION shall seek private, corporate and other donations of goods, materials and/or services required for the completion of the PROJECT, Phase I in particular. FOUNDATION shall consult with DEPARTMENT and PUBLIC WORKS to ensure that any proposed in -kind donations adhere to specifications and/or other requirements, including liability and contractor performance, prior to acceptance of any in - kind donations. Final acceptance is the responsibility of the CITY. a. Records and Reports: The FOUNDATION shall submit to DEPARTMENT quarterly reports of revenues and in -kind donations and quarterly reports of fund-raising activities related to the PARK and/or PROJECT. Any funds given to or raised by FOUNDATION for purposes other than those relating to the PARK and/or PROJECT shall be placed into segregated accounts for which the CITY shall have audit rights in accordance with Section XI hereunder. Within thirty (30) days of the conclusion uF the nnniial Agreement term, FOUNDATION shall submit to DIRECTOR a Final Report of revenues received and expenditures made for the previous annual period. 7. Funding Guidelines: The FOUNDATION shall adhere to all funding source guidelines and requirements, as applicable, including audit provisions, as stipulated by granting agencies in the past, present or future. C. PROJECT COORDINATION ASSISTANCE: The. FOUNDATION shall provide assistance to CITY in the planning, design development, budgeting and implementation of PROJECT as follows: 1 r J) - 7 10671. I,/ 2. 3. 4. 5. a 7. ... .... a.�.. o11UAA. LJLC, aU11CLG auu comply with the PROJECT program dated October 1978 submitted by CITY to DNR and INTERIOR later amended in 1988. Determination of Needs: The FOUNDATION shall provide input, in writing if requested, to DEPARTMENT for more detailed programmatic and functional needs of PARK. Budget Preparation: The FOUNDATION shall assist DEPARTMENT and PUBLIC WORKS in budget preparation for PROJECT relative to available funds and proposed allocations. Phased Implementation: The FOUNDATION shall assist DEPARTMENT and PUBLIC WORKS in the determination of the phased implementation program which shall be based upon functional and programmatic needs, original PROJECT program, available funds, DNR and INTERIOR requirements and community input. Community Input: The FOUNDATION shall assist DEPARTMENT in obtaining community input throughout the PROJECT, particularly in the design stages, and shall attend community meetings. Artwork: FOUNDATION shall conduct a competition for artwork if required and as mandated by CITY and Dade County Art in Public Places ordinances. Other Approvals: FOUNDATION shall assist CITY in seeking approval from DNR, INTERIOR and/or other agencies on design and development matters, including modifications to the original plan, as required. V. CITY RESPONSIBILITIES A. LIAISON: The DIRECTOR shall appoint an employee or representative of the DEPARTMENT to serve as the point of contact, supervisor and coordinator in matters relating to this Agreement. 8A V..'). 10671, C. D. E. F. G. an outside design professional or shall utilize its own professional staff for the design of the PROJECT. Pro bono services of Florida registered design professionals as may be offered for the PROJECT through the efforts of the FOUNDATION may be utilized at the option of DEPARTMENT and PUBLIC WORKS, subject to schedule, time constraints and/or other limitations,. and upon the execution of the required documents and/or contracts by the CITY MANAGER. DESIGN IDEOLOGY: CITY shall recognize and incorporate, through design elements and construction, the unique ideology of the PARK namesake, within prescribed STATE, FEDERAL restrictions and community approval. FOUNDATION RECOGNITION: CITY shall recognize contribution and assistance of FOUNDATION and shall erect a plaque or other suitable monument stating same. ADMINISTRATIVE ASSISTANCE: If required, DEPARTMENT shall assist FOUNDATION in preparation of its own operating budget, and shall conduct a timely review of all payment and/or reimbursement requests and other matters. OTHER SUPPORT: The CITY agrees to supply, only as might be readily available, the following: 1. Background information on the City's recreation and park planning Programs, grant sources, and fund-raising activities, including available reports, budget figures, slides, and maps. 2. The use of specified locations including site equipment, such as black boards, a/v equipment, tables, chairs, and the like, as approved by the LIAISON, for the conduct of meetings, fund-raisers, and other related activities. FISCAL CONTROL AND MONITORING: The CITY shall provide all required services for fiscal control (audit and accounting), and monitoring of PROJECT funds, including grants and donations received directly by CITY. �J].�, - 9 - IL06 7JL 1. PROJECT Budget: The CITY, through the DEPARTMENT and ti PUBLIC WORKS, shall prepare a line -item budget or 1 budgets which identify individual PROJECT elements and - their estimated cost for the entire PROJECT and for any individual phase of implementation, as required. DEPARTMENT shall submit same to FOUNDATION for review and comment. FOUNDATION shall respond within fifteen (15) days, or as specified by LIAISON, with its approval and/or comment. Should agreement as to the 1 line -item budget not be reached within thirty (30) days of DEPARTMENT's first submittal to FOUNDATION, then DEPARTMENT and/or CITY shall have the authority to adopt the budget deemed in the CITY's best interest based upon considerations including, without limitation, fiscal and time constraints, funding source requirements, community recreational need, and site limitations. 2. Expenditures: All expenditures made by CITY shall be in accordance with the approved line -item budget for the PROJECT or individual phase thereof. 3. Accounting: CITY, through the DEPARTMENT, PUBLIC WORKS, its Finance Department and its other resources, i shall review, process and control all accounts receivable and accounts payable for the PROJECT, including the handling of any and all fiscal and auditing reports required of funding agencies for monies turned over to the CITY by FOUNDATION. All funds designated for t•he PROJECT shall be placed in segregated accounts solely . for use in the implementation of the PROJECT, subject to applicable DNR, INTERIOR and CITY accounting regulations. H. PROGRAMMATIC MONITORING AND PROJECT MANAGEMENT: The CITY, through the DEPARTMENT, PUBLIC WORKS and its other affected agencies, shall be responsible for. the monitoring of FOUNDATION activities. The CITY shall also utilize its personnel and other resources to monitor and manage the - 10 - 10671. k/ PROJECT 'comprising all other PROJECT -related activities, including without limitation: design document and specification review► procurement and/or competitive bidding, award of construction contracts and purchase orders for necessary goods, materials, and/or services, work in progress and completed work. CITY shall endeavor to advise and/or seek the input of FOUNDATION whenever time permits. VI. COMPENSATION: A. AMOUNT: In consideration for the services that FOUNDATION is to provide hereunder, and acknowledging its interest and obligation for the fiscal accounting of funds raised through its efforts, the CITY shall allocate and pay to the FOUNDATION an amount not to exceed Three Thousand Dollars ($3,000.00) for the initial term of this Agreement, subject to the provisions contained herein. For subsequent renewals and/or extensions of this contract, if any, the CITY MANAGER, or designee, may negotiate with FOUNDATION the amount of compensation, based upon planned activities and/or responsibilities of the FOUNDATION and other needs relating to the PARK and/or PROJECT, said amount which may not exceed Four Thousand Five Hundred Dollars ($4,500.00) for any one year period. B. PURPOSE: It is understood and agreed that such compensation paid by CITY to FOUNDATION is to cover certain necessary and reasonable expenses incurred by FOUNDATION in the conduct of its responsibilities hereunder, primarily in the areas of fund-raising and related fiscal activities. Said compensation shall not be allocated from State grant funds received by CITY. C. EXPENSE BUDGET: DEPARTMENT and FOUNDATION shall devise an annual operating budget, in line -item form, covering the expenses of FOUNDATION as may be required for its fundraising, monitoring and other activities related to its responsibilities hereunder.. Said budget(s) shall coincide with the term of. this Agreement and any extensions thereof. D. PAYMENT: Such compensation shall be paid on the following basis: - it - ILOG 71 1. Initial payment to the FOUNDATION shall not exceed ninety per cent (90%) of the total annual compensation and shall be paid by CITY upon receipt of FOUNDATION's Expense Budget. 2. The remaining ten per cent (10%) shall be paid at the conclusion of the annual Agreement term, upon the CITY's receipt of a satisfactory final report by FOUNDATION, as required pursuant to Section IV.B.6. of this Agreement. E. EXPEDITURES: Expenditures made by FOUNDATION shall be made in accordance with the approved Expense Budget for FOUNDATION. Items not contained within the said Budget and expenses incurred by FOUNDATION prior to the execution of this Agreement shall be considered ineligible by CITY. F. AUDIT: The CITY shall have the right to review and audit the time records and related records of FOUNDATION pertaining to any payments made by the CITY. VII. OWNERSHIP OF DOCUMENTS All documents developed by the FOUNDATION under this Agreement shall be delivered to LIAISON by said FOUNDATION upon completion of the services required pursuant to Section IV and shall become the property of CITY, without restriction or limitation on its use. The FOUNDATION agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and FOUNDATION shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. The CITY reserves the right to reuse for follow-up construction project(s) and/or for project(s) not related to this AGREEMENT all Plans, Specifications and other documents produced by the FOUNDATION under the terms of this AGREEMENT. The FOUNDATION shall not be entitled to any compensation for such reuse unless agreed to by the CITY. It is further understood by ana between the parties that any information, writings, maps, contract documents, reports or any f I I � - 12 - IL06 71., other matter whatsoever which are given by CITY to FOUNDATION pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by FOUNDATION for any other purpose whatsoever without the written consent of CITY. Vill. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. IX. GENERAL CONDITIONS: A. NOTICES: All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Department of Parks, Rec. & Public Facilities P.O. Box 330708 1390 N.W. 7th Street Miami, Florida 33125 FOUNDATION Antonio Maceo Foundation 836 Paradiso Avenue Coral Gables, Fla. 33146 B. HEADINGS: Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. CONFLICT: In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. WAIVER: No waiver or breach of any provision of this E. Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. SEVERABILITY: Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of ) r J. - . 106 71-1 - 13 - Florida or the City of Miami, such provisions, paragraphs, sentences► words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain un-modified and in full force and effect. X. NON-DELEGABILITY: That the obligations undertaken by FOUNDATION pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. XI. AUDIT RIGHTS: CITY reserves the right to audit the records of FOUNDATION at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. If required by CITY, FOUNDATION shall submit statements and/or audits from an independent Certified Public Accountant to ensure that FOUNDATION's accounting and fiscal controls are adequate to safeguard the CITY's interest and/or assets. XII. AWARD OF AGREEMENT: FOUNDATION warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that she has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. XIII. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and .enforced according to the laws of the State of Florida. - 14 - IL06 71, N 9 and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further it shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XV1I1. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Section IV hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to FOUNDATION, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay FOUNDATION an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and FOUNDATION that any payment made in accordance with this Section to FOUNDATION shall be made only if said FOUNDATION is not in default under the terms of this Agreement. If FOUNDATION is in default, then CITY shall in no way be obligated and shall not pay to FOUNDATION any sum whatsoever. XIX. NONDISCRIMINATION: FOUNDATION agrees that she shall not discriminate as to race, sex, color, creed, or national origin in connection with her performance under this Agreement. XX. MINORITY PROCUREMENT COMPLIANCE.: FOUNDATION acknowledges that she has been furnished a copy of Ordinance No. 10538, the Minority and Women's Business Affairs and Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 1, r r - 16 - CE XIV. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, -� their heirs, executors, legal representatives, successors, and assigns. XV. INDEMNIFICATION: FOUNDATION shall indemnify and save CITY, its agents, officers, and employees, harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of FOUNDATION's activities under this Agreement, including all other acts or omissions to act on the part of FOUNDATION, including any person acting for or on her behalf, and, from and against any orders, judgments, or decrees.which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. XVI. CONFLICT OF INTEREST: FOUNDATION covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. FOUNDATION further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of FOUNDATION or its employees, must be disclosed in writing to CITY. The FOUNDATION is aware of the conflict of interest laws of the CITY of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that she will fully comply in all respects with the terms of said laws. XVII. INDEPENDENT CONTRACTOR: FOUNDATION and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, . i 15 - 10671 ti XXI. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XXII. DEFAULT PROVISION: In the event that FOUNDATION shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to FOUNDATION may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to FOUNDATION by CITY while FOUNDATION was in default of the provisions herein contained, shall be forthwith returned to CITY. ` XXXIII. ENTIRE AGREEMENT: I ' This instrument and its attachments constitute the sole and ` only Agreement of the parties hereto relating to said grant and i i correctly set forth the rights, duties, and obligations of each i to the other as of its date. Any prior agreements, promises, i negotiations, or representations not expressly set forth in this jAgreement are of no force or effect. f XXIV. AMENDMENTS: No amendments to this Agreement shall be binding on either i party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. CITY OF MIAMI, a municipal Corporation of the State of �✓ ATTEST: Florida By Matty Hirai Cesar H. Odio City Clerk City Manager - 17 - iLo6*71. LE L FOUNDATION: The General Antonio Maceo Foundation, a not for profit ATTEST: Floridp corporation C rpora a ecrry JU4AJ i4MA4 0 G � aY eta ip r-i nt name Fed. Employer ID or VIG6. BE�I F.TIT__ Social Security No. t tle (SEAL) APPROVED AS TO INSURANCE REQUIREMENTS: Segundo Perez, Insurance Coordinator APPROVED AS TO FORM AND CORRECTNESS: Jorge i.,. Fnr.nandez, City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Alb rto Ruder, Director Luis Prieto-Portar, PhD. P.E. p/ 1 Department of Parks, Recreation Director, Department of Public and Public Facilities Works IL0671 CORPORATE RESOLUTION WHEREAS, The General Antonio Maceo Foundation, Inc. desires to enter into an Agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered ..the matter in accordance with the Bylaws of the corporation; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached. DATED this day of ()C1?A C r' / 1989. i ? , Z. CHAIRPERSON OF\THE BOARD OF DIRECTORS q,'JP zts VA7;�fGA S C-� o ticE4. �f o 6 (SEAL) S CRETA - 19 - C 13 AM '10: 12 aTP, i�a�� 'l 11 Y C1_Ii;i; OF klW 411, Ft_.`L, MIAMI REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10671 In the,,,X X X .................................. Court, was published In said newspaper in the Issues of December 11, 1989 Afflant further says that the said Miami Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously Satulyday,,Sunday and Legal Holidays) arndahasabean ent(except red as second class mail matter at the post officye In Miami in said he Ilr t nbllcationdof the attfor a ach period coof py of advertiseear next ment wind affix lu her says that she has no paid nor promised any pore rm or corporation any discount, rebate, commission or r u for the purpose of securing this advertisement for publ on In the aid newspaper .• 11111 111 1j , ' �o"�q Bn su4cribed before me this 11 cem}3 = 89 • 1 ,� at Sanchez (� `G ic�of Florida at Large (SEAL) ��i� • . . •�� �`� My Commi�,rU�ico(rgg..lu�e91. MR 114A 114111111111111 CITY OF MIAMI, FLORIDA LEGAL NOTICE All Interested persons will take notice that on the 30th day of November, 1989, the City Commission of Miami, Florida, adapted the following titled ordinances: ORDINANCE NO.10664 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10451, ADOPTED ON JULY 14, 1988, ESTABLISHING RESOURCES AND APPROPRIATIONS FOR THE "MIAMI 'POLICE CRACK COCAINE" FUND, INCREASING THE AMOUNT BY $32,255 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. 10665 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.10021 ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH ESTAB- LISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $1,210,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING.A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. 10666 AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF ORDI- NANCE NO. 10568, ADOPTED APRIL 13, 1989, BY INCREASING APPROPRIATIONS TO THE SPECIAL REVENUE FUND ENTITLED "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1989" IN THE AMOUNT OF $37, 691 COMPOSED OF GRANT REIMBURSEMENTS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. G711IiG1�L�i�L•l�i[II�] AN ORDINANCE AMENDING SECTIONS 35.1 AND 35-11 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE DEFINITION OF "BUS," ADDING THE DEFINI• TION OF "PUBLIC RIGHT-OF-WAY" AND "ZONED RESIDENTIAL DISTRICT" AND PROHIBITING PARKING OF COMMERCIAL VEHI- CLES, TRUCKS, BUSES, TRAILERS OR SEMITRAILERS, MAJOR RECREATIONAL EQUIPMENT AND SIMILAR VEHICLES IN THE PUBLIC RIGHT-OF-WAY IN ZONED RESIDENTIAL DISTRICTS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. ORDINANCE NO. 106N AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10202, ADOPTED JANUARY 8, 1986, BY INCREASING THE APPRO- PRIATION TO THE SPECIAL REVENUE FUND ENTITLED "HANDI- CAPPED DIVISION FUND RAISING PROGRAM" BY THE AMOUNT OF' $35,000 COMPOSED OF MONIES GENERATED THROUGH FUND RAISING EFFORTS OF THE CITY OF MIAMI'S HANDI- CAPPED DIVISION AND PRIVATE DONATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10669 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE' FUND ENTITLED: "HISTORIC PRESERVATION: BUNGALOWS OF LITTLE HAVANA. FY,89.90" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $9,000, CONSISTING OF A $4,500 GRANT FROM THE STATE OF FLOR. IDA: DEPARTMENT OF STATE; AND $4,500 IN IN -KIND SERV• ICES FROM FISCAL YEAR 1989.90 COMMUNITY DEVELOPMENT BLOCK GRANT: CITYWIDE HISTORIC PRESERVATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10670 AN ORDINANCE CREATING A NEW SPECIAL REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR THE MENTALLY RETARDEDIFY'90" AND APPROPRIATING FUNDS FOR ITS OPER- ATION IN THE TOTAL AMOUNT OF $351,056 CONSISTING OF A $256,056 GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS), $45,000 FROM FISCAL YEAR 1990 SPECIAL PROGRAMS AND ACCOUNTS, MATCHING FUNDS FOR GRANTS, AND $50,000 IN CARRY-OVER FUND BALANCE FROM THE FY'89 REVENUE FUND OF THE SAME NAME; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO ENTER INTO THE NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) TO ACCEPT THE GRANT AND IMPLEMENT THE PROGRAM, SUBJECT TO APPLICABLE CITY CODE PROVISIONS; CONTAINING A REPEALER PROVI. SION AND A SEVERABILITY CLAUSE. H' 1 OF 2 ORDINANCE NO.10671 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, AMENDING SECTION 1 OF ORDINANCE NO. 10642. ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE CAPITAL IMPROVEMENTS APPRO- PRIATIONS ORDINANCE, BY ESTABLISHING A NEW PROJECT ENTITLED "GENERAL ANTONIO MACEO PARK DEVELOPMENT" PROJECT NO. 331354 IN THE AMOUNT OF $470,000; APPRO. PRIATING FUNDS IN SAID AMOUNT FOR SAID PROJECT FROM A GRANT FROM THE GENERAL ANTONIO MACEO FOUNDATiON1 FY'89 STATE LEGISLATIVE GRANT IN THE AMOUNT OF $170,000 AND FROM A FY'90 STATE LEGISLATIVE GRANT IN THE AMOUNT OF $300,000; ALLOCATING AN ADDITIONAL AMOUNT NOT TO EXCEED $3,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE ACTIVITIES OF THE GENERAL ANTONIO MACEO FOUNDATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE FUNDING 'AGENCIES FOR THIS PROJECT; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10672 AN ORDINANCE AMENDING ORDINANCE NO.9500. THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. BY AMENDING SECTION 15, SPECIAL PUBLIC INTEREST DIS- TRICTS, BY ADDING A NEW SECTION 15200, SPI.20, JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT, WHICH PROVIDES INCENTIVES FOR THE DISTRICT TO ENCOUR- AGE THE USE OF PUBLIC TRANSPORTATION: CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFEC- TIVE DATE, ORDINANCE NO. 10673 AN ORDINANCE, WITH ATTACHMENT, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLY ING SPI.20, JACKSON MEMORIAL HOSPITAL MEDICAL CEN- TER OVERLAY, TO THE AREA GENERALLY BOUNDED BY NORTHWEST 14TH AND 20TH STREETS, BETWEEN NORTHWEST 7TH AND 12TH AVENUES, PLUS AN AREA EXTENDING APPROXIMATELY 300 FEET SOUTH OF NORTHWEST 16TH STREET AND EXTENDING APPROXIMATELY 650 FEET WEST OF NORTHWEST 12TH AVENUE TO WAGNER CREEK, (MORE PARTICULARLY DESCRIBED HEREIN): MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE 24 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. ORDINANCE NO. 10674 AN ORDINANCE AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW ARTICLE IX, URBAN DEVELOPMENT REVIEW BOARD, SEC- TIONS 62.83 THROUGH 87 TO PROVIDE FOR ESTABLISHMENT; MEMBERSHIP; FUNCTIONS, POWERS AND DUTIES, GENERALLY; PROCEEDINGS; URBAN DEVELOPMENT OFFICER AND APPEALS FROM DECISIONS; ALL TO FORMALIZE THE URBAN DEVEL- OPMENT REVIEW BOARD, WHICH MAKES RECOMMENDATIONS TO THE PLANNING DIRECTOR PERTAINING TO THE ISSUANCE OF CLASS C SPECIAL PERMITS IN CERTAIN ZONING DISTRICTS; AND TO RESCIND RESOLUTIONS 42762; SEPTEMBER 6, 1971, AND 75.1070; NOVEMBER 24, 1975; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10675 AN ORDINANCE RELATING TO DOWNTOWN DEVELOPMENT, AMENDING CHAPTER 14, ENTITLED "DOWNTOWN DEVELOPMENT," OF THE CODE OF THE CITY OF MIAMI,-FLORI- DA, BY AMENDING SECTION 14.71, ENTITLED "TRAFFIC CON- TROL MEASURES" AND SECTION 14.72, ENTITLED "ENFORCEMENT" BY ADDING OR MODIFYING GENERAL REQUIREMENTS FOR TRANSPORTATION CONTROL MEASURES RELATED TO NEW DEVELOPMENT; PARKING REQUIRE- MENTS; AIR QUALITY REQUIREMENTS; LARGE SCALE DEVELOP• MENT REQUIREMENTS; SPECIAL PROVISIONS; AND PROVID• ING FOR ENHANCED ENFORCEMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.10676 AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVE- NUE FUND ENTITLED "DR. MARTIN LUTHER KING, JR. PARADE FUND-1990" IN THE AMOUNT OF $6,000 FOR THE PURPOSE OF EXPENDING MONIES TO DEFRAY EXPENSES INCURRED IN CONNECTION WITH THE PARADE TO BE CONDUCTED IN THE CITY OF MIAMI DURING THE MONTH OF JANUARY, 1990 IN OBSERVANCE OF THE BIRTHDAY OF THE LATE DR. MARTIN LUTHER KING, JR., REVENUE IN A LIKE AMOUNT BEING AVAILA- BLE FROM PRIVATE SECTOR DONATIONS;•FURTHER PROVID- ING THAT ANY SURPLUS OF FUNDS REMAINING AFTER THE PAYMENT OF EXPENSES INCURRED AS A RESULT OF STAG- ING THE 1990 PARADE SHALL BE MADE AVAILABLE FOR USE IN CONNECTION WITH THE CITY'S ONGOING FUNDING PRO- GRAM FOR COMMUNITY CULTURAL EVENTS AS ESTABLISHED BY ORDINANCE NO. 10206; CONTAINING A REPEALER PROVI• SION AND SEVERABILITY CLAUSE. 1999 CEC 13 AM 10: 12 Said ordinances may be Inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p,m. 4.1,�T',•uM 12t11 MATTY HIRAI CITY CLERK MIAMI, FLORIDA 2 OF 2 89-4.121118M CITY CLERK OT e OF PWMI, FLA, -,. i CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE : FILE of the City Commission NOV t 1989 SUBJECT: CIP Appropriations Ordinance for the Maceo Park Project Cesar H. Odiibo;`i,, F FROM : n }'' REFERENCES: City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Emergency Ordinance to amend the Capital Improvement Program Ordinance (No. 10642) by establishing a new project entitled "General Antonio Maceo Park Development" and appropriating funds in the amount of $470,000 from grants from the General Antonio Maceo Foundation and the State. of Florida. The legislation also provides for a $3,000 allocation from Special Programs and Accounts, Contingent Fund, to the General Antonio Maceo Foundation to support its fund-raising activities, and authorizes the City Manager to execute the necessary agreements to accept the grants and to provide for the continuing assistance of the Maceo Foundation. BACKGROUND: The Department of Parks, Recreation and Public Facilities has prepared the attached legislation. Over the last several months, the Department has worked with the City Manager's Strategic Planning Office, the Law Department and Public Works to resolve issues relating to the development of General Antonio Maceo Park. The situation has reached a sense of high urgency since State and Federal agencies, which provided funds originally for the park acquisition, have indicated that severe sanctions may be imposed against the City if the park is not opened to the public by August 1, 1990. The attached agreement was negotiated as authorized by Resolution No. 87-64. It details the role of the General Antonio Maceo Foundation in an advisory, coordinating and fund-raising capacity for the development of the Park. Through their efforts, the State has adopted line item appropriations for the park during this and the previous fiscal year, and the City will receive a total of $470,000. To support its fund-raising activities, the City is to provide compensation to the, Foundation in the amount of $3,000. ILOG71L Honorable Mayor and Members of the City Commission Page 2 The agreement also provides guidelines for expenditure of funds raised by the Foundation: the City will receive the funds, place them in segregated accounts, handle all fiscal monitoring and make expenditures only in accordance with the approved project budget. In accordance with State and Federal requirements, additional community input will be obtained throughout the park development process. In order to meet the State and Federal deadline, Phase 1 of the project will consist of simple passive -recreational facilities that can be quickly implemented. These include shoreline stabilization, a boat ramp and fishing piers, parking improvements, security lighting and site furnishings (picnic tables, barbeque grills and benches). Later development will be based on the original concept plan for the Park with specific elements recommended by the Foundation and other members of the community. Eventual facilities will include such elements as a recreation/community building, amphitheatre, playground, historic/nature walk, additional waterfront amenities and support facilities, and general site improvements. The attached legislation will formally establish the project and put the required administrative processes into place for the long awaited development of this vital community recreational resource. This item is presented as an emergency measure so that funds are immediately in place for design and construction of Phase 1 which must be completed by August 1, 1990 as mandated by the State and the Nation'41 Park Service. A companion resolution is also scheduled after this ordinance as a Public Hearing to approve the waiver of formal bid procedures for construction services and other procurement needs of the project. 10671 yJ Z