96-22138 RESO
RESOLUTION NUMBER 96-22138
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF $25,000
FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE CONSTRUCTION OF ARTIFICIAL REEFS IN THE WATERS OFF MIAMI
BEACH; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
GRANT AGREEMENT; AND APPROPRIATING THE GRANT FUNDS FOR THE
ARTIFICIAL REEF CONSTRUCTION PROJECT.
WHEREAS, the Mayor and City Commission authorized the Administration to apply for a
grant under the Florida Department of Environmental Protection's (FDEP) Artificial Reef
Construction Grant Program on February 20, 1996; and
WHEREAS, the City's grant application has been approved for funding by the FDEP; and
WHEREAS, artificial reefs can be an important element of coastal zone management by
providing important marine habitat and storm surge protection; and
WHEREAS, artificial reefs can help augment local sportfishing and diving which are
important components of the City's tourism industry; and
WHEREAS, this project represents an important first step in the City's research program
to develop artificial reefs that will help prevent beach erosion.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the $25,000 grant from the
Florida Department of Environmental Protection for the construction of artificial reefs in the
waters off Miami Beach is hereby accepted, the Mayor and City Clerk are authorized to
execute the Grant Agreement, and the appropriation of the grant funds for the Artificial Reef
Construction Project is approved.
Passed and Adopted this 25th day of September, 1996.
ATTEST:
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CITY CLERK
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CITY OF MIAMI BEACH
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CITY HAll 1'700 CONVENTION CENTER DRIVE MrAMI BEACH FLORIDA 33139
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COMMISSION MEMORANDUM NO. S55-Cjl.t,
-
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
September 25, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION AC EPTING A GRANT IN THE AMOUNT OF $25,000
FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR THE CONSTRUCTION OF ARTIFICIAL REEFS IN
THE WATERS OFF MIAMI BEACH, AUTHORIZING THE MAYOR AND
CITY ATTORNEY TO EXECUTE THE GRANT AGREEMENT AND
APPROPRIATING THE GRANT FUNDS FOR THE ARTIFICIAL REEF
. CONSTRUCTION PROJECT.
ADMINISTRATION RECOMMENDATION
Approve the resolution.
BACKGROUND
The Mayor and City Commission authorized the Administration to apply for a grant under the
Florida Depa_rtment of Environmental Protection's (FDEP) Artificial Reef Construction Grant
Program on February 20, 1996.
The City's grant application was reviewed and approved for funding by the FDEP.
The artificial reefs that will be constructed with the grant funds will provide important marine
habitat and will help augment the local sportfishing and diving which are important
components of the City's tourism industry.
The proposed reefs also represent an important first step in the cooperative research effort
between the City, the Dade County Department of Environmental Resources Management,
Nova University and several area reef experts to develop artificial reefs that will help prevent
beach erosion and lengthen our beach renourishment cycle.
CONCLUSION
The City Commission should accept the $25,000 grant from the Florida Department of
Environmental Protection, authorize the Mayor and City Attorney to execute the Grant
Agreement and appropriate the grant funds for the Artificial Reef Construction Project.
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AGENDA ITEM ~
DATE q -1..5-'1~
DEP GRANT NO. OFMAS-084
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF MARINE RESOURCES
Florida Artificial Fishing Reef Program
GRANT AGREEMENT
This Agreement is entered into this \ ~I day of i ~ 1996 by
and between the Florida Department of Environmental Protection, hereinafter referred to as
the "Department", and the City of Miami Beach Board of Commissioners.
Whereas, Section 370.25, Florida Statutes ("F.S.")., created an artificial fishing reef
program with the Department to, in part, provide grants to coastal local governments for
developing artificial reefs; and
Whereas, the City of Miami Beach Board of Commissioners (hereinafter referred to as
the "City") is a coastal local government as defined in Rule 62R-9.002(4), Florida
Administrative Code (F.A.C.), and
Whereas, Chapter 62R-9, F.A.C., establishes rules for the administration of this grant
program,
Now therefore, in and for the mutual covenants contained herein, the parties hereto
agree as follows:
1. The Department agrees to pay the City a sum not to exceed $25.000 for the
completion of the artificial fishing reef development project described in Exhibit A.
2. This Agreement shall become effective upon execution and end on June 30.1997.
In the event the construction of the project is not complete by said date, the Department will
have the right to cancel its obligations of any and all financial assistance granted for the said
project.
3. The Department and the City fully understand and agree that there shall be no
reimbursement of funds by the Department for any obligation or expenditure made prior to the
execution of the Agreement or after expiration of the Agreement.
4. The City agrees to comply with the contract and grants accountability provisions
described in this Agreement and to insure compliance by any contractor or vendor entering an
agreement as a result of said project.
5. All requests for payment and disbursal of funds shall be made in strict accordance with
the provisions of Exhibit A and Chapter 62R-9, F.A.C. All itemized paid invoices/receipts
submitted along with copies of canceled checks for payment reimbursement shall include
sufficient detail to perform a proper pre-audit or post-audit review, as required by the
Department.
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6. The City shall be responsible for all work performed under the terms of this Agreement.
The City may subcontract as necessary to perform the work required for this project provided that
the subcontract has been approved in writing by the Department prior to its execution. It is
understood by the City that the Department shall not be liable to the subcontractor for any
expenses or liabilities incurred under the subcontract and that the City shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
7. The City recognizes that the State of Florida, by virtue of its sovereignty, is not required
to pay any taxes on the services or goods purchased under the terms of this Agreement.
8. The City agrees to appoint a liaison agent to be responsible for the successful
completion of said project, the prompt implementation of the provisions of this Agreement, the
submission of status reports at least every 60 days from the effective date of execution of this
Agreement, and the submission of the Certification of Completion and other certifications as
required herein. The City shall certify, under penalties of perjury, compliance with provisions of
this Agreement, and said certification shall be submitted with the final request for payment. A
Materials Placement Report, DNR Form 34-403, shall be completed and submitted with the status
report when deployment activity occurred during the reporting period.
9.
William M. Horn
(Name)
Environmental Specialist III
(Title)
or
successor or designee, is hereby designated the Department's Grant Manager for the purpose
of this Agreement and shall be responsible for enforcing performance of the Agreement terms and
conditions and shall serve as liaison with the City and approve all invoices prior to payment.
The Department Grant Manager can be reached at 904/922-4340.
10. The Department's obligation to pay under this Agreement, if the Agreement period
extends into a new fiscal year, is contingent upon an annual appropriation by the Legislature and
certification of the project funds forwarded in the FCD Grants category.
11. No person on the grounds of race, creed, color, national origin, age, sex, or disability,
shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in the performance of this agreement.
12. The City agrees to make this artificial reef(s) and all associated assessment data
collected as a result of this project available for the general public benefit.
13. The City shall perform as an independent entity and not as an agent, representative,
or employee of the State of Florida or the Department.
14. This Agreement is exclusive to the City and may not be assigned in whole or in part
without the express written approval of the Department.
15. This Agreement is not intended nor shall it be construed as granting any rights,
privileges or interest in any third party without mutual written agreement of the parties hereto.
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16. This Agreement may be canceled by either party, with or without reason, by giving 30.
days written notice to the other party. Said notice shall be sufficient if delivered personally or by
certified mail to the Department Grant Manager. In case of cancellation, only amounts accrued
to the date of cancellation shall be due and payable.
17. The City agrees to provide access to all records, to allow the audit of any books,
documents and papers, and to allow the Department to inspect said City project. The City also
agrees to require any contractor or vendor receiving an award as a result of said project to agree
in writing to the application of this provision where such pertains to the contractor's or vendor's
records relating to said project. All records, documents and papers relative to this Agreement and
its performance shall be retained by the City for a period not less than three years following
Agreement completion or until final resolution of matters resulting from any litigation, claim, or
audit that began prior to the expiration of the three-year record retention period.
18. Pursuant to Section 216.2815, F.S., all documents, papers, letters, or other material
in conjunction with this Agreement shall be public record and treated in the same manner as other
public records under general law and such records may be audited by the State of Florida Auditor
General. This Agreement may be canceled by the Department without prior notice for refusal by
the City to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, F.S., and made or received by the City in conjunction with this
Agreement.
19. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either
party of its sovereign immunity or the provisions of Section 768.28, F.S. The department shall
have no liability except as specifically provided for in this agreement.
20. The City warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the City to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for the City any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
Furthermore, the expenditure of any funds provided by this Agreement for the purpose of lobbying
the Legislature or a state agency is expressly prohibited pursuant to Section 216.347, F.S.
21. This Agreement has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall
be interpreted in such manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall
be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Agreement. Any action hereon or in connection
herewith shall be brought in Leon County, Florida.
22. No delay or omission to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this Agreement, shall impair any such right, power
or remedy of either party; nor shall such delay or omission be construed as a waiver of any such
breach or default, or any similar breach or default thereafter.
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23. Pursuant to Chapter 216.349 F.S., a City receiving funds from a grants and aids
appropriation by a state agency shall:
a) If the amount exceeds $100,000, have a grant specific audit performed in
accordance with the rules of the Auditor General promulgated pursuant to Section
11.45, F.S.;
b) If the amount exceeds $25,000 but does not exceed $100,000, have a grant
specific audit performed in accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, F.S., or have a statement prepared by an
independent certified public accountant which attests that the receiving entity or
organization has complied with the provisions of the grant; or
c) If the amount does not exceed $25,000, have the head of the entity attest, under
penalties of perjury, that the entity has complied with the provisions of the grant.
All audits performed or attestation statements prepared under this subsection shall be filed
with the granting agency and with the Auditor General.
24. The City shall furnish a copy of the independent financial and compliance audit
required by Office of Management and Budget Circular #A-128 to the Department within 30 days
after furnishing the original audit to the Office of Management and Budget.
25. Following receipt of an audit report identifying any reimbursement due the Department
for non-compliance with the Agreement, the City will be allowed a maximum of 60 days to submit
any additional pertinent documentation to offset the amount identified as being due the
Department.
26. If it becomes necessary for the Department to demand a refund of all or any funds
tendered in this Agreement, the City agrees to return said funds to the Department within sixty
(60) days after notification of the Department. If not returned within sixty (60) days the City
understands and agrees that any further City requests for funding as to this or any other program
under the Department's administration shall be denied until the funds have been returned.
27. In the event the City fails to comply with the terms and conditions of this Agreement,
the Agreement may be considered null and void and the Department will have the right to cancel
its financial and legal obligations as identified in this Agreement. Failure to comply with the terms
and provisions shall result in the Department declaring the City ineligible for further participation
in the program until such time as the City complies.
28. Pursuant to Section 215.422, F. S., the Department's Grant Manager shall have five
(5) working days, unless otherwise specified herein, to inspect and approve the services for
payment; the Department must submit a request for payment to the Florida Department of
Banking and Finance within twenty (20) days; the Department of Banking and Finance is given
fifteen (15) days to issue a warrant. Days are calculated from the latter date the invoice is
received or services received, inspected and approved. Invoice payment requirements do not
start until a proper and correct invoice has been received. Invoices which have to be returned to
a contractor for corrections(s) will result in a delay in the payment. A Vendor Ombudsman has
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been established with the Florida Department of Banking and Finance who may be contacted if
a contractor is experiencing problems in obtaining timely payments(s) from a State of Florida
agency. The Vendor Ombudsman may be contacted at 904/488-2924 or 1-800-848-3742.
29. In accordance with Section 215.422, F.S., the Department shall pay the City interest
at a rate as established by Section 55.03(1), F. S. on the unpaid balance, if a warrant in payment
of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection
and approval of the goods and services. Interest payments of less than $1 will not be enforced
unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1)
F.S., by Comptroller's Memorandum No.1 0 (1995-96) dated December 1,1995, has been set at
10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond
1996 for which the term of this Agreement is in effect can be obtained by calling the Department
of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the
Department's Contracts Section at 904/922-5942.
30. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under an Agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017
F.S., for Category Two for a period of 36 months from the date being placed on the convicted
vendor list.
31. If a contractor brings to the performance of this Agreement a pre-existing patent or
copyright, a contractor shall retain all rights and entitlement to that pre-existing patent or copyright,
unless this agreement provides otherwise.
32. If any discovery or invention arises or is developed in the course of, or as a result of,
work or services performed under this Agreement, or in any way connected herewith, the
contractor shall refer the discovery or invention to the Department for a determination whether
patent protection will be sought in the name of the State of Florida. Any and all patent rights
accruing under or in connection with the performance of this Agreement are hereby reserved to
the State of Florida. In the event that any books, manuals, films, or other copyrightable material
are produced, a contractor shall notify the Department. Any and all copyrights accruing under or
in connection with the performance of this agreement are hereby reserved to the State of Florida.
All materials to which the Department is to have patent rights or copyrights shall be marked and
dated by a contractor in such a manner as to preserve and protect the legal rights of the
Department.
33. Prior to initiation of services under this Agreement, a contractor shall disclose, in
writing, all intellectual properties relevant to the performance of this Agreement which a contractor
knows, or should know, could give rise to a patent or copyright. A contractor shall retain all rights
and entitlement to any pre-existing intellectual property which is so disclosed. Failure to disclose
will indicate that no such property exists. The Department shall then, under Section 32 above,
have the right to all patents and copyrights which arise as a result of performance under this
Agreement.
34. The terms and conditions specified in Sections 31,32, and 33 above shall also apply
to any subcontract made under this Agreement. A contractor shall be responsible for informing
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the subcontractor of the provisions of these sections and obtaining disclosures.
35. If the project described in Exhibit A cannot be completed by the Agreement
deadline or the scope of the project needs to be modified, a request for an extension of, or
amendment to the Agreement must be received by the Department at least 60 days prior to
the ending date of the Agreement.
36. The County will provide all required close-out documentation to the Department
within 60 days after the ending date of the Agreement.
37. This Agreement represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing duly signed by each of the parties hereto, and attached
to the original of this Agreement.
REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto executed this Agreement on the date listed
first written above.
BOARD OF CITY CO
CITY OF MIAMI BE
(Title)
j20 lu-ld- r~
Robert pg~r, City Clerk
1700 Convention Center Drive
(Address)
Miami Beach, Florida 33139
(City, State, Zip Code)
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J
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SECRETARY OF THE
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
OR ESIGNATED REPRESENTATIVE
)
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DEP Grant Manager
Approved as to form and legality
tV (?, t:/)J~
DEP Attorney
* If someone other than the Chairman signs the contract, a resolution, statement or other
document authorizing that person to sign the contract on behalf of the City must accompany the
contract.
.-OHM APPRG'J" ',oj
LEGA~j.
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7 of 8
EXHIBIT A
1. The Department has authorized expenditure of funds on this grant for the following
artificial fishing reef project activities:
Preparation. transport and deployment of a minimum of 280 five foot and 160 six foot
concrete and tire chip tetrahedron shaped prefabricated modules or other material
acceptable to the Department to construct an artificial reef at an approved and permitted
artificial reef site offshore of the City of Miami Beach. A maximum of $1.000 may be used
for expenses associated with pre-deployment surveys and marking. and post-deployment
site assessments and mapping.
2. Funds available on this Agreement may not be expended on the following items:
Purchase of non expendable capital equipment. parts replacement or repairs to rented or
contractor owned equipment. salaries. or training
3. Placement of artificial reef material at the permitted reef site pursuant to this Agreement
shall be witnessed by the City artificial fishing reef liaison agent or designated project manager,
who shall be identified to the Department in writing. Reef placement shall be documented and
verified by the liaison agent or project manager on DNR Form #34-403 (Material Placement
Report). Completion and receipt of all proper grant closeout documentation must be received by
the Department within forty-five (45) days of the completion of the project.
4. When employing outside contractors for artificial reef preparation, towing and
positioning, or post-deployment assessment services, the City shall formally advertise for bids,
and contract with the chosen vendor. The contract, which shall be signed by both parties, shall
specify the specific services (Le., project specifications) to be received within a stated time period
for a stated cost. Bidding procedures and award of the contract must comply with Chapter 287,
F. S. Competitive bid specifications and actual bids received shall be maintained by the City and
provided to the Department. Approval to enter into a contract with a single source or non-low bid
vendor must be requested of and given by the Department in writing.
5. The City agrees to allow the Department to conduct on-site inspections of the reef
project before, during and after deployment. If other artificial reef modules are utilized,
Department access to the materials must be made available.
6. The City liaison agrees to notify the Department's Grant Manager or designee of the
pending reef deployment at least three weeks in advance of the scheduled date in order to allow
a representative of the Department the opportunity to observe the deployment or participate in the
post deployment assessment.
7. Funds available on this Agreement are from an appropriation of saltwater fishing license
revenues to the state reef program. The City agrees to acknowledge the role of saltwater license
revenues in this reef project in their efforts to publicize and promote the reefs.
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