HomeMy WebLinkAboutExhibit 5SAFE NEIGHBORHOOD PARKS BOND PROGRAM
SERIES 05 SPECIFIED/PER CAPITA
AGREEMENT
This Agreement, made this _;::23 day of f� � , 200 i , by and
between Miami -Dade County, a political subdivision of the Sta k of Florida (County) through its
Office of Safe Neighborhood Parks (Office), located at 1071'0 S.W. 211 Street, Room 109,
Miami, FL 33189, and City of Miami (Grantee) having offices at 444 S.W. 2nd Avenue, Miami,
Florida 33130 states conditions and covenants for the rendering of Safe Neighborhood Parks
Bond project (Project(s)) for the County.
WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general
obligation bonds for the purpose of financing capital improvement programs for certain parks,
beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami -Dade County, Florida
enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance; and
WHEREAS, it is necessary and desirable to improve the quality of life, to preserve property
values, to promote prevention of juvenile crime by providing positive recreation opportunities,
and to improve the recreation facilities for youth, adult, and senior citizens in this community
through the improvement of our parks and natural areas; and
WHEREAS, in order to foster those important values, the project(s) listed herein have been
identified for reimbursement pursuant to the terms of the Ordinance;
NOW, THEREFORE, the parties agree as follows:
I. SCOPE OF SERVICE & BUDGET SUMMARY. The Grantee agrees to render services
in accordance with the Brief Grant Summary statement incorporated, and that all expenditures or
costs shall be made in accordance with the Budget(s) which is incorporated and attached as
Exhibit(s). (See Section XVII).
H. ADM MSTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to abide by
and be governed by the Administrative Rules for Specified Project Grants, Per Capita Allocation
Grants, Challenge Grants, and Interest Earnings, and the Bond Ordinance, copies of which have
been provided the Grantee by the Office. Without limiting the generality of the preceding
sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 & Rules, 10B); Breach of
Agreement (Rules, I OB(6) & I IF); Termination (Rules, I IF); Prohibited Use of Funds (Rules,
1OD4); Required Documentation (Rules, 11D & 12); Operating Funds (Ord., Sec. 5(b)(1));
Completion of Project and Supplemental Funding (Rules, IOB(15)); and Audits (Ord., Sec. 13 &
Rules, 11 A).
III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall
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be from June 6. 2005 to June 5, 2008. Failure by the Grantee to complete the project by the
aforementioned date, unless extended, shall be cause for the County to terminate this Agreement.
IV. AMOUNT PAYABLE. The maximum amount payable for the project(s) rendered under
this Agreement, shall not exceed $3,000,024.00 unless otherwise amended.
V. FUNDING COMMITMENT. In the event that the project(s) requires further funding, the.
Board of County Commissioners of Miami -Dade County, Florida, with no representation that
funds will be forthcoming, conditions funding for subsequent years upon appropriation.
VI. FUNDING REQUIREMENTS & REGULATIONS. Establishment of residency
requirements, imposition of non-resident fees, or failure of the Grantee to comply with any other
conditions established by the Safe Neighborhood Parks Citizens' Oversight Committee
(Oversight Committee) shall be cause for the County to terminate this Agreement unless, an
exception is granted by the Oversight Committee.
VII. CONDITIONS OF AWARD
A. Completed facility construction will have a permanent plaque, approved by the
Oversight Committee, as to material, form, and content, affixed to the facility noting
funding through the Safe Neighborhood Parks bond program.
B. All fencing funded with Safe Neighborhood Parks bond proceeds will comply with
the current Florida Building Code specifications for such facilities.
C. Land acquired and/or facility development or improvement funded by this Agreement
must be vested with a public agency.
VIII. . . INDEMNIFICATION BY GRANTEE..
City of Miami shall indemnify and hold harmless the County and its officers, employees,
agents, and instrumentalities from any and all liability, losses or damages, including attorney's
fees and costs of defense, which the County or its officers, employees, agents or instrumentalities
may incur as a result of claims, demands, suits, causes of action, or proceedings of any kind or
nature arising out of, relating to or resulting from the performance of this Agreement by the City
of Miami or its employees, agents, servants, partners, principals or subcontractors. City of
Miami shall pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the County, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. City of Miami expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the City of Miami shall in no
way limit the responsibility to indemnify, keep and save harmless and defend the County or its
officers, employees, agents and instrumentalities as herein provided.
IX. INSURANCE.
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If the Grantee is the State of Florida or an agency or political subdivision of the State as
defined by Section 768.28, Florida Statutes, the Grantee shall furnish the County, upon request,
written verification of liability protection in accordance with Section 768.28, Florida Statutes.
Nothing herein shall be construed to extend any party's liability beyond that provided in Section
768.28, Florida Statutes.
X. CIVIL RIGHTS. The Grantee agrees to abide by Chapter I IA, Article IV of the Code of
Miami -Dade County ('County Code'), as amended, which prohibits discrimination in
employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits
discrimination in employment and public accommodation; the Age Discrimination in
Employment Act, 29 U.S.C., Section 621 et seq., as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C., Section
794, as amended, which prohibits discrimination on the basis of disability; and the Americans
with Disabilities Act, 42 U.S.C., Section 12103 et seq., which prohibits discrimination in
employment and accommodation because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these
laws, the County shall have the right to terminate this Agreement. It is further understood that
the Grantee must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. Section 1612, and the
Fair Housing Act, 42 U.S.C. Section 3601 et seq. If the Grantee or any owner, subsidiary, or
other firm affiliated with, or related to the Grantee, is found by the responsible enforcement
agency, the Courts or the County to be in violation of these Acts, the County will conduct no
further business with the Grantee. Any agreement entered into based upon a false affidavit shall
be voidable by the County. If the Grantee violates any of the Acts during the term of any
agreement the Grantee has with the County, such agreement shall be voidable by the County,
even if the Grantee was not in violation at the time it submitted its affidavit.
XI. CONFLICT OF INTEREST. The Grantee agrees to abide by and be governed by Miami -
Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et
al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference
as if fully set forth herein, in connection with its contract obligations hereunder.
XII. INDEPENDENT PRIVATE -SECTOR INSPECTOR GENERAL. The County shall have
the right, but not the obligation to require the Grantee, at the Grantees own cost, to retain the
services of an independent private -sector inspector general (IPSIG) who may be engaged to
audit, investigate, monitor, oversee, inspect and review the operations, activities and
performance of the Grantee and County in connection with this agreement. The scope of
services performed by an IPSIG may include, but are not limited to, monitoring and investigating
compliance with Agreement; project costs; and investigating and preventing corruption and
fraud.
The IPSIG may perform its services at all levels of the contracting and procurement process
including but not limited to project design, establishment of bid specifications; bid submittals,
activities of Grantee, its officers, agents and employees, lobbyists, county staff and elected
officials.
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Upon ten (10) days written notice to Grantee from an IPSIG, the Grantee shall make all
requested records and documents available to the IPSIG for inspection and copying. The IPSIG
shall have the right to examine all documents and records in the Grantee's possession, custody or
control which in the IPSIG's sole judgment pertain to performance of the Agreement, including
but not limited to original estimate files, bid and change order estimates, worksheets, proposals
and agreements from and with successful and unsuccessful subcontractors and suppliers, all
project -related correspondence, memoranda, instructions, financial documents, construction
documents, bid and agreement documents, back -charge document, all documents and records
which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentation for the aforesaid
documents and records.
The provisions in this section shall apply to the Grantee, its officers, agents and employees. The
Grantee shall incorporate the provisions in this section in all subcontracts and all other
agreements executed by Grantee in connection with the performance of the Agreement.
Nothing in this Agreement shall impair any independent right of the County to conduct an audit
or investigate activities. The provisions of this section are not intended nor shall they be
construed to impose any liability on the County by Grantee or third parties.
XIII. OFFICE OF THE MIAMI -DARE INSPECTOR GENERAL. Pursuant to Ordinance No.
97-215, the Office of the Miami -Dade County Inspector General (IG) shall have the authority
and power to review past, present and proposed County programs, accounts, records, contracts
and transactions. The IG shall have the power to report and/or recommend to the Board of
County Commissioners whether a particular project, program, agreement or transaction is or was
necessary and, if deemed necessary, whether the method used for implementing the project or
program is or was efficient both financially and operationally. Monitoring of an existing project
or program may include reporting whether the project is on time, within budget and in
conformity with plans, specifications, and applicable law. The IG shall have the power to
analyze the need for, and reasonableness of, proposed change order.
Upon ten (10) days written notice to Grantee from IG, the Grantee shall make all requested
records and documents available to the IG for inspection and copying.
The IG shall have the power to retain and coordinate the services of an 1PSIG who may be
engaged to perform said mandatory random audits, as well as audit, investigate, monitor,
oversee, inspect and review the operations, activities and performance and procurement process
including but not limited to project design, establishment of bid specifications; bid submittals,
activities, of Grantee, its officers, agents and employees, lobbyists, county staff and elected
officials in order to ensure compliance with agreement specifications and detect corruption and
fraud. This mandatory random audit is separate and distinct from any other audit by the County
of any audit performed under Section XI "Independent Private -Sector Inspector General".
The provisions in this section shall apply to the Grantee, its officers, agents and employees. The
Grantee shall incorporate the provisions in this section in all subcontracts and all other
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agreements executed by Grantee in connection with the performance of the Agreement.
Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigate activities. The provisions of this section are not intended, nor shall it be construed to
impose any liability on the County by the Grantee or third parties.
XIV. NOTICES. It is understood and agreed between the parties that written notice
addressed to the Office and mailed (certified/return receipt) or delivered to the address appearing
on page one (1) of the Agreement and written notice addressed to the Grantee and mailed
(certified/return receipt) of delivered to the address appearing on page one (1) of this Agreement
shall constitute sufficient notice to either party.
XV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of
and stipulates or implies no affiliation between the contracting parties. It is expressly understood
and intended that the Grantee is only a recipient of funding support and is not an agent or
instrumentality of the County. Furthermore, the Grantee's agents and employees are not agents
or employees of the County.
XVI. TERMINATION If the Grantee shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations,
representations or warranties herein, the County shall have the right to terminate this Agreement
by giving at least ten (10) days prior written notice to the Grantee (Rules, 11 F).
XVII. MISCELLANEOUS.
A. Governing Law. The Grantee agrees to comply with all applicable federal, state and
county laws, rules and regulations which are incorporated by reference or fully set
forth. This Agreement is made in the State of Florida and shall be governed
according to the laws of the State. of Florida. Proper venue for this Agreement.shall
be Miami -Dade County, Florida.
B. Modifications. Any alterations, variations, modifications, extensions or waivers of
provisions of this Agreement including but not limited to amount payable and
effective term shall only be valid when they have been reduced to writing, duly
approved and signed by both parties and attached to the original of this Agreement.
C. C. Counterpart. This Agreement is signed in 4 counterparts, and each counterpart
shall constitute an original of this Agreement.
D. Headinizs. Use of Singular and Gender. Paragraph headings are for convenience only
and are not intended to expand or restrict the scope or substance of the provisions of
this Agreement. Wherever used herein, the singular shall include the plural and the
plural shall include the singular, and pronouns shall be read as masculine, feminine or
neuter as the context requires.
E. E. Agreement Contact. The County's representative for this agreement is Vemita G.
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Thomas. Director — Office of Safe Neishborhood Parks.
representative for this agreement is:
The Grantee's
(Name and Title).
F. F. Fringe Benefits. In the event that a percentage of actual salary will be utilized as
the method to claim eligible fringe benefit costs pursuant to Section 9 (D) (2) (c) of
the Rules, such percentage shall not exceed %. This percentage shall be
demonstrated to the reasonable satisfaction of the County. Documentation in support
of this percentage shall be submitted to the Office for approval contemporaneously
with the execution of this Agreement.
G. Subcontracts. ' Any subcontracts written under the provisions of the Ordinance
(Sections 5 (b) (5) and 8 (c)) require prior review and written approval of the County.
H. Totality of Agreement / Severability of Provisions. This 15 page Agreement with
its recitals on the first page of the agreement and with its attachments as referenced
below contain all the terms and conditions agreed upon by the parties:
Attachment 1: Miami -Dade County Affidavits
Attachment 2: Public Entity Crimes Sworn Statement
Exhibit(s) 1 through 14 : Approved Proj ect(s) and Budget(s)
No other Agreement, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this
Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby
if such remainder would then continue to conform to the terms and requirements of applicable
law.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective
-....__ __seal the_daY,and.yp first above,written..---_----. _..... ........
_
CITY OF Miami
A Munici,N�1 corpp. rati no in the
State of�ldrida f _
City oflNlrami Ex e ive i r
(Sign f
ur /Title)
ATTEST
By.
a --
(Corporate Seal)
Priscilla A. Thompson
City Clerk
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APPROVED AS TO FORM
AND CORRECTNESS:
C�Itof am' Attorney
ge . F rnandez
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Assistant County Att6rney
ATTEST:
HWvey Ruvin, Clerk
ro� � F• � C. .��' 9
� cOuN�v F y
;beputy Clerk
`s o
p, P
APPROVED AS TO
INSURANCE REQUIREMENT
D
s 1
IJ�LC ��� � �
/ Risk Management Admiriiistrator
r Dania Carrillo
MIAMI-DADE COUNTY
A political subdivision of the
George M.
rgess, County Manager
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