Resolution 12404 RESOLUTION NO. 12404
A RESOLUTION AUTHORIZING EXECUTION OF
FEDERAL GRANT AGREEMENT.
':JHEREAS, the CITY OF MIAMI BEACH, a municipal corporation, organized
and existing under and by virtue of the laws of the State of Florida, (herein
called the "Applicant") , has heretofore submitted an application to the United
States of America, acting by and through the Secretary of Housing and Urban
Development (herein called the "Government") , for a grant under Section 702 of
the Housing and Urban Development Act of 1965, for the purposes designated in
the said application; and
UHEREAS, the Government has approved the said application subject to
certain conditions and has submitted to the Applicant a certain Grant Agreement
dated as of April 1 , 1968, (herein called the "Grant Agreement") , for approval
and execution by the Applicant, which said Grant Agreement is satisfactory,
NOW, THEREFORE, BE IT RESOLVED 3Y THE CITY COUNCIL of the Applicant that
the said-Grant Agreement, a copy of which is attached hereto, be and the same
is hereby approved. The Mayor is hereby authorized and directed to execute
the said Grant Agreement in the name and on behalf of the Applicant, in as
many counterparts as may be necessary, and the City Clerk-Finance Director is
hereby authorized and directed to affix or impress the official seal of the
Applicant thereon and to attest the same. The proper officer is directed to
forward the said executed counterparts of the said Grant Agreement to the
Government, together with such other documents evidencing the approval and
authorization to execute the same as may be required by the Government.
PASSED AND ADOPTED this 17th day of April , 1968.
' )PY\XJ2/,k
Vice-Mayor
ATTEST:
City Clerk and Finance Director
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GRANT AGREEMENT
Name of Applicant: City of Miami Beach, Project No. WS-3-10-0157
Florida
Address: Miami Beach, Florida Federal Contract No. H-302-3485
THIS GRANT AGREEMENT dated as of April 1, 1968, by and between the CITY OF
MIAMI BEACH, FLORIDA (herein called the "Applicant") , and the United States of
America, Secretary of Housing and Urban Development (herein called the "Govern-
ment"):
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
That for and in consideration of the mutual promises hereinafter contained
the parties hereto do covenant and agree as follows:
Section 1. Amount and Purpose. Subject to the Terms and Conditions
(Form HUD-41420, dated 5-66) attached hereto and made a part hereof as
Attachment A, and the provisions of this Agreement, the Government will make a
Grant to the Applicant in an amount not to exceed $350,000 or 50 per centum of
the Eligible Project Cost as determined by the Government on completion of the
Project, whichever is the lesser, in order to aid in financing the Project herein-
after defined, presently estimated to cost $849,000.
Section 2. Description of the Project. The Project shall consist of the
construction of water facilities to include groudd storage tank, addition to
existing water pumping station, transmission lines and central control system
. (herein called the "Project")
Section 3. Government Field Expense. The amount of the fixed fee for
Government field expense referred to in Section 33 of the attached Terms and
Conditions shall be $2,500.
Section 4. Reduction in Grant. The Government shall have the right to
reduce the amount of the Grant upon giving the Applicant written notice, if the
Eligible Project Cost after award of construction contract is determined by the
Government to be less than the estimated cost upon which the stipulated amount
of the Grant was based.
Section 5. Special Conditions. The Government's obligation to make the
Grant is also subject to the Special Conditions attached hereto and made a part
hereof as Attachment B.
Grant Agreement - continued Project No. WS-3-10-0157
IN WITNESS WHEREOF, this Agreement has been executed in the name and on
behalf of the CITY OF MIAMI BEACH, FLORIDA by the undersigned official, and under
its official seal, attested by its City-Clerk-Finance Director
and in the name and on behalf of the United States of America, Secretary of
Housing and Urban Development, by the undersigned official.
(SEAL) CITY OF MIAMI BEACH, FLORIDA
ByY41-j12--1-'"
Signature)
Malvin Englander
Vice Mayor
(Type Name and Title)
ATTEST:
(Signature)
Ruth B. Rouleau
City Clerk-Finance Director
(Type Name and Title)
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By _s. -!
'Assistant Ret' . al Administrato
for Metro.. itan Development
Date DIY 1 0 19018
- 2
•
ATTACHMENT B
SPECIAL CONDITIONS: Project No. WS-3-10-0157
A. In Section 27 of the Terms and Conditions (Attachment A) , Equal Employment
Opportunity, pursuant to Executive Order 11375, dated October 13, 1967,
include in any contract for construction work or modification thereof,
executed on or after October 13. 1968, the words "race, color, religion,
sex, or national origin" in substitution for the words "race, creed, color,
or national origin" wherever they appear.
•
HUD-41420
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (5-66)
Attachment "A"
TERMS AND CONDITIONS
Constituting Part of the Grant Agreement Providing for the
Financing and Construction of Water or Sewer Facilities
Under Title VII of the Housing and Urban Development Act
of 1965, Public Law 89-117, August 10, 1965.
Section 1. Definitions.--As used in these Terms and Conditions:
"Government" means the United States of America.
"Project" means the Water or Sewer Facilities covered by the Grant Agreement.
"Grant Agreement" means the contract between the Government and the Applicant
covering the Project and includes both these Terms and Conditions and other
contract instruments.
"Applicant" means the public entity or entities designated in the Grant Agreement.
"Project Cost" means the cost of construction work for the Project, cost of neces-
sary architectural/engineering services, legal, administrative and clerical
costs, cost of land acquisition, necessary travel expenses, interest during
construction, and other necessary miscellaneous expenses.
"Eligible Project Cost" means the cost of construction, of land acquired for the
project, and of site improvements, all as determined by the Government.
"Depository Bank" means a bank or trust company which is a member of the Federal
Deposit Insurance Corporation.
"Project Site" means any of the land, rights-of-way, easements, or other interests
in land acquired by the Applicant in connection with the development of the site.
Section 2. Prerequisites to Government's Obligations.--The Government shall be under no
obligation to disburse funds under the Grant Agreement if:
(a) Representations.--Any representation made by the Applicant to the Government in
connection with the application, shall be incorrect or incomplete in any material re-
spect, or the Government determines that the Applicant has failed to proceed promptly
with Project financing or construction;
(b) Concurrence by Government.--The Applicant, having submitted to the Government the
documents mentioned in Section 16 hereof, shall have proceeded without having been
advised by the Government that the same are satisfactory; it being the purpose of this
provision to insure that no action will be taken in the development of the project which
would result in legal or contractual violation rendering it impossible for the Govern-
ment to make the grant hereunder or for the parties to accomplish the objects of the
Agreement;
(c) Prohibited Interests.--If any official of the Applicant who s authorized in such capacity
and on behalf of the Applicant to negotiate, make, accept or approve, or to take any
part in negotiating, making, accepting or approving any architectural, engineering,
inspection, construction, materials, supply, or equipment contract or any subcontract
in connection with the construction of the project, shall become directly or indirectly
1
interested personally in any such contract or subcontract, or if any official, employee,
architect, attorney, engineer or inspector of or for the Applicant who is authorized in
such capacity and on behalf of the Applicant to exercise any legislative, executive,
supervisory or other functions in connection with the construction of the project, shall
become directly or indirectly interested personally in any construction, materials,
supply, equipment or insurance contract, in any subcontract or any other contract
pertaining to the project.
Section 3. Applicant's Funds.--The Applicant shall initiate and prosecute to completion all
proceedings necessary to enable the Applicant to provide its share of the Project Cost on or
prior to the time that such funds are needed to meet project costs.
Section 4. Legal Matters.--The Applicant shall take all actions necessary to enable it to fi-
nance, construct, and develop the project in due time, form and manner as required by law and
the Grant Agreement.
Section 5. Project Site.--The project shall be located on lands or the requisite interest therein
of the Applicant; such lands and interest when acquired subsequent to the date of the Grant
Agreement shall be acquired in accordance with the land acquisition policy requirements set
forth in Sections 6 through 9 hereinafter. The Applicant shall comply with the provisions of
Title IV, of the Housing and Urban Development Act of 1965 (P.L. 89-117) and regulations and
requirements of the Government thereunder which establish certain policies and provide for
specific payments in connection with the acquisition by eminent domain of the real property
necessary for the Project.
Section 6. Negotiated Purchase.--The Applicant covenants and agrees that it will make every
reasonable effort to acquire each parcel of or interest in land constituting part of the Project
Site by negotiated purchase. Applicant shall (1) directly or through its agents, make a diligent,
conscientious effort to induce the owner to accept a fair and proper price for such property and,
if such effort is unsuccessful, make a final offer to the owner in writing. Such offer shall include:
(1) an invitation to discuss the acquisition of his property with the applicant; (2) afford a reason-
able period of time for the owner to consider the offer; and (3) include a notification of the date
on which the applicant intends to institute eminent domain proceedings if agreement cannot be
reached for a negotiated purchase within the time specified.
Section 7. Payment for Real Property.--The Applicant covenants and agrees that it will not
require the owner to surrender possession of any parcel of or interest in land constituting part
of the Project Site until it has paid to the owner (1) the agreed purchase price arrived at by nego-
tiation, or (2) in any case where only the amount of payment to the owner is in dispute, not less
than 75 percent of the appraised fair value of the property as approved by the applicant. Such
requirement for 75 percent payment may be satisfied either by direct payment to the owner or
by deposit in court of such amount, provided such deposit may be paid over to the owner without
prejudice to his right to obtain a judicial determination of the value of the property. A tender of
payment to the owner, whether or not accepted by the owner, shall be regarded as payment.
Section 8. Notice to Surrender Possession.--The Applicant covenants and agrees that no person
lawfully occupying property constituting part of the Project Site shall be required to surrender
possession on account thereof without at least ninety days' written notice of the date on which
construction or development is scheduled to begin. Such notice shall be given to all persons law-
fully occupying such property including owners conveying title pursuant to a negotiated sale.
Such notice shall not be given until the applicant has the legal right to possession of the prop-
erty.
2
Section 9. Records of Negotiations.--The Applicant covenants and agrees that it will maintain
complete and accurate records of all negotiations and other actions affecting acquisition of any
property in connection with the Project and such records shall be available for inspections by
representatives of the Government. Such records shall be maintained in one place for a period
of at least three years following completion of construction of the Project.
•
Section 10. Disbursement of Grant Funds for Land Acquisition...-The Applicant may requisition
disbursements on account of grant provided in the Agreement for acquisition of land at any time
after receipt of the Agreement as needed to enable the Applicant to make payment as required
under Section 5 above, provided (1) no impediment exists which would prevent carrying forward
of the Project, and (2) the Applicant has a firm and binding commitment for its share of the Proj-
ect costs, and (3) the cost of the land so acquired is acceptable to the Government. In the event
the Project for any reason is subsequently abandoned, the Applicant covenants and agrees that it
will repay any funds disbursed hereunder.
Section 11. Grant Disbursements.--The Applicant may requisition disbursements on account of
the grant provided in the Agreement at any time. Such requisitions shall be accompanied by such
supporting data as the Government may require. The Government shall honor, subject to the
provisions of the Agreement, such requisitions in amounts and at times deemed by it to be proper
to insure the expeditious prosecution and payment to the costs of the Project. No request for
review of a determination of the Government affecting the grant payable under the Agreement
will be considered unless such request is received by the Government not later than three months
following notice to the Applicant of such determination.In no event shall the total amount of grant
funds disbursed to pay land and construction costs exceed 90 percent of the grant amount speci-
fied in the Agreement for such costs until after the Project has been completed and audited, and
the final grant amount determined by the Government.
Section 12. Prerequisites to Disbursements.--Prior to the Government disbursing any portion
of the grant except as provided otherwise in Section 10 above, the Applicant shall present satis-
factory evidence that:
(a) It has obtained, or can obtain, all land,rights-of-way, easements, permits, franchises,
Federal, State, County, and Municipal approvals required in connection with the con-
struction and operation of the Project, including approval of the final plans and speci-
fications by the appropriate State authorities;
(b) It has the funds or a firm and binding commitment to provide its share of the Project
Cost;
(c) It has deposited into the Construction Account, in addition to the grant proceeds, any
portion then available of the funds to be furnished by the Applicant to meet its share of
the Project Cost and that it will promptly deposit any remaining portion of its share of
the Project Cost in order that all payments in connection with the Project can be made
as the same become due;
(d) The Project can be completed at a total cost satisfactory to the Government which will
be within the amount of funds available therefor; and
(e) It is able to provide or obtain the provision of all necessary building or household con-
nections and local collection or distribution laterals as determined by the Government
from sources other than grant funds hereunder.
3
Section 13. Construction Account.--The Applicant shall set up in a Depository Bank, or with the
fiscal agency of the Applicant fixed by law, a separate account or accounts (herein collectively
called the "Construction Account") into which shall be deposited any temporary loans, Govern-
ment grants, and the additional funds required by the provisions of the Grant Agreement to be
furnished by the Applicant in order to assure the payment of all Project Costs. Moneys in the
Construction Account shall be expended only for such purposes as shall have been previously
specified in the Project Cost estimates approved by the Government. The Applicant shall pay all
Project Costs from the Construction Account.
Moneys in the Construction Account shall be secured by the Depository Bank in the manner pre-
scribed by statutes relating to the securing of public funds. Where the moneys on deposit in the
Construction Account exceed the estimated disbursements on account of the Project for the next
90 days, the Applicant may direct the Depository Bank to invest such excess funds in direct
obligations of, or obligations the principal of and interest on which are guaranteed by, the United
States Government, which shall mature not later than 18 months after the date of such investment
and which shall be subject to redemption at any time by the holder thereof. The earnings from
any such investments shall be deposited in the Construction Account by the Applicant.
After completion of construction and payment of all costs of the Project, any balance in the Con-
struction Account shall remain therein pending determination by the Government of the total
Project Cost and the grant. Such balance shall be used to refund promptly to the Government any
overpayment made with respect to the grant; any amount thereafter remaining shall be available
for disposition by the Applicant in accordance with its other contractual agreements, applicable
State or local law or other governing conditions.
Section 14. Prompt Procedure - Economic Construction.--The Applicant covenants and agrees
that it will proceed promptly with all matters necessary to the financing and the development of
the Project; and that the Project will be undertaken and developed in such manner that economy
will be promoted in such development and in the construction work.
Section 15. Approvals and Permits.--The Applicant shall obtain approvals and permits required
by law as a condition precedent to the acquisition, construction, development, and operation of
the Project.
Section 16. Submission of Proceedings, Contract and Other Documents.--The Applicant shall
submit to the Government such data, reports, records and documents relating to the financing,
construction, and operation of the project as the Government may require. Approval of the
Government must be obtained prior to the assignment of any interest in or part of any contract
relating to the Project.
Section 17. Construction by Contract.--All work on the Project shall be done under contract and
every opportunity shall be given for free, open and competitive bidding for each and every con-
struction, material, and equipment contract. The Applicant shall give such publicity by adver-
tisement or calls for bids by it for the furnishing to it of work, labor, materials, and equipment
as required by applicable law and as will provide adequate competition; and the award of each
contract therefor shall be made, after approval by the Government to the lowest responsible
bidder as soon as practicable; Provided, that in the selection of equipment or materials the
Applicant may, in the interest of standardization or ultimate economy, if the advantage of such
standardization or such ultimate economy is clearly evident, and if permissible under applicable
local law, award a contract to a responsible bidder other than the lowest in price. The Applicant
shall obtain the concurrence of the Government before approving subcontracts relating to the
Project.
4
Section 18. Changes in Construction Contract.--Any change in a construction contract shall be
submitted to the Government for approval.
Section 19. Contract Security.--The Applicant shall require that each construction contractor
shall furnish a performance bond in an amount at least equal to 100 percent of his contract price
as security for the faithful performance of his contract and also a payment bond in an amount not
less than 50 percent of his contract price or in a penal sum not less than that prescribed by
State, territorial, or local law, as security for the payment of all persons performing labor on
the Project under his contract and furnishing materials in connection with his contract. The per-
formance bond and the payment bond may be in one or separate instruments in accordance with
local law.
Section 20. Insurance During Construction.--The Applicant shall require that each of its con-
tractors and all subcontractors maintain during the life of his contract, Workmen's Compensa-
tion Insurance, Public Liability, Property Damage, and Vehicle Liability Insurance, in amounts
and on terms satisfactory to the Government. Until the Project is completed and accepted by the
Applicant, the Applicant or (at the option of the Applicant) the contractor is required to maintain
Builders Risk Insurance (fire and extended coverage) on a 100 percent basis (completed value
form) on the insurable portion of the Project for the benefit of the Applicant, the prime contrac-
tor, and all subcontractors, as their interests may appear.
Section 21. Wage Rates.--The Applicant shall comply with the provisions of the Act of March 3,
1931 (Davis-Bacon Act, 40 USC sec. 1276), as amended, and the applicable rules and regulations
issued by the Secretary of Labor thereunder which are incorporated herein by reference. The
Applicant shall cause to be inserted in each constract or subcontract subject to the Davis-Bacon
Act the specific provisions required by the regulations of the Secretary of Labor.
Section 22. Contract Work Hours.--The Applicant shall comply with the provisions of the Con-
tract Work Hours Standards Act (40 USC secs. 327-332) and the applicable rules and regulations
issued by the Secretary of Labor thereunder which are incorporated herein by reference. The
Applicant shall cause to be inserted in each contract or subcontract subject to the Work Hours
Standards Act the specific provisions required by the above regulations.
Section 23. Payment of Employees.--The Applicant shall require of its contractors that all em-
ployees engaged in work on the Project be paid in full (less deductions made mandatory by law)
not less often than once each week.
Section 24. Copeland Act.--The Applicant shall comply with the provisions of the Copeland Act
(Anti-Kickback), 48 Stat. 1948, as amended, and the applicable rules and regulations issued by
the Secretary of Labor thereunder which are incorporated herein by reference. The Applicant
shall cause to be inserted in each contract or subcontract subject to the Copeland Act the specific
provisions required by the above regulations.
Section 25. Accident Prevention.--The Applicant shall require of its contractors that precaution
shall be exercised at all times for the protection of persons (including employees) and property,
and that hazardous conditions be guarded against or eliminated.
Section 26. Supervision and Inspection.--The Applicant shall provide and maintain on its own
behalf competent and adequate architectural or engineering services covering the supervision
and inspection of the development and construction of the Project.
5
Section 27. Equal Employment Opportunity.--The Applicant hereby agrees to incorporate or
cause to be incorporated into any contract for construction work or modification thereof, paid
for in whole or in part with funds obtained from the Federal Government or borrowed on the
credit of the Federal Government pursuant to a grant, contract, loan, insurance or guarantee, or
undertaken pursuant to any Federal program involving such grant, contract, loan, insurance or
guarantee, the following equal opportunity clause:
`During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprentice-
ship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
(3) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the labor union or workers' representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations,and relevant orders of the Secretary
of Labor.
(5) The contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and 137 the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the Department of Housing and Urban Development and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regu-
lations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or Federally-assisted construc-
tion contracts, in accordance with procedures authorized in Executive Order No. 11246
of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the provisions of paragraphs (1) through (7) in every sub-
contract or purchase order unless exempted by rules, regulations, or orders of the
6
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the Department of Housing and Urban Development may direct as a
means of enforcing such provisions, including sanctions for noncompliance; Provided,
however, That in the event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the Depart-
ment of Housing and Urban Development, the contractor may request the United States
to enter into such litigation to protect the interests of the United States."
The Applicant further agrees that it will be bound by the above equal opportunity clause in any
Federally-assisted construction work which it performs itself other than through the permanent
work force directly employed by an agency of government.
The Applicant agrees that it will cooperate actively with the Department of Housing and Urban
Development and the Secretary of Labor in obtaining the compliance of contractors and subcon-
tractors with the equal opportunity clause and the rules, regulations and relevant orders of the
Secretary of Labor, that it will furnish the Department of Housing and Urban Development and
the Secretary of Labor such information as they may require for the supervision of such com-
pliance, and that it will otherwise assist the Department of Housing and Urban Development in
the discharge of the Department's primary responsibility for securing compliance. The Applicant
further agrees that it will refrain from entering into any contract or contract modification sub-
ject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated
eligibility for, Government contracts and Federally-assisted construction contracts pursuant to
Part II, Subpart D, of Executive Order 11246 and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the Department of Housing and Urban Development or the Secretary of Labor pursuant to
Part II, Subpart D, of Executive Order 11246. In addition, the Applicant agrees that if it fails or
refuses to comply with these undertakings, the Department of Housing and Urban Development
may cancel, terminate or suspend in whole or in part this grant, may refrain from extending any
further assistance to the Applicant under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from such Appli-
cant, or may refer the case to the Department of Justice for appropriate legal proceedings.
Section 28. Civil Rights Act of 1964.--The Applicant covenants and agrees that it will comply
with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and with the rules and regulations
(24 CFR, Subtitle A, Part 1)of the Department of Housing and Urban Development issued pursuant
thereto.
Section 29. Payments to Contractors.--Not later than the fifteenth day of each calendar month
the Applicant shall make a partial payment to each construction contractor on the basis of a duly
certified and approved estimate of the work performed during the preceding calendar month by
the particular contractor, but shall retain until final completion and acceptance of all work cov-
ered by the particular contract a reasonable amount, specified in the contract, sufficient to insure
the proper performance of the contract.
Section 30. Inspection of Work and Records; Maintenance of Records.--The Applicant shall re-
quire of its contractors that the Government's authorized representatives be permitted, and it
will itself permit them to inspect all work, materials, payrolls, records of personnel, invoices
of materials and other relevant data and records appertaining to the development of the Project.
The Applicant shall maintain proper and accurate financial records, books and accounts pertain-
ing to the grant and the development of the Project that will readily disclose (1) relocation costs,
7
(2) eligible Project costs, and (3) other Project costs, and shall permit the Government's au-
thorized representatives to examine such books, records, and accounts. The Applicant agrees to
maintain all of the aforesaid data, records and invoices in one place for at least a period of three
years following completion of construction of the Project.
Section 31. Signs.--The Applicant shall cause to be erected at the site of the Project, and main-
tained during construction, signs satisfactory to the Government identifying the Project and indi-
cating the fact that the Government is participating in the development of the Project.
Section 32. Audit.--The Applicant shall contract at its own expense for an audit of the Project
by an independent certified or licensed public accountant; a copy of the contract shall be fur-
nished to the Government; and three copies of the audit report in substance satisfactory to the
Government shall be furnished promptly to the Government.
Section 33. Government Field Expense.--The Government will bill the Applicant for payment
of the fee specified in the Grant Agreement to cover inspection costs and payment will be due
from the first funds deposited in the Construction Account by the Applicant to pay its share of
the Project Cost. In the event of termination of the Grant Agreement, the Applicant shall be
entitled to a refund of all or a proportionate part of the fee. The refund shall be in such an amount
as the Government determines to be equitable under the circumstances.
Section 34. Operation of Project.--The Applicant covenants that it will operate and maintain the
project or provide for the operation and maintenance thereof, to serve the objects and purposes
for which the grant has been made available under the Federal law and the terms of the Agree-
ment.
Section 35. Interest of Third Parties.--The Agreement is not for the benefit of third parties,
including the holders from time to time of any of the bonds issued to finance a portion of the
Project, and the Government shall be under no obligation to any such parties, whether or not
indirectly interested in said Agreement, to pay any charges or expenses incident to compliance
by the Applicant with any of its duties or obligations thereunder.
Section 36. Interest of Members of or Delegates to Congress.--No member of or delegate to the
Congress of the United States shall be admitted to any share or part of this Agreement or to any
benefit arising therefrom.
Section 37. Bonus or Commission.--By execution of the Agreement, the Applicant represents
that it has not paid and, also, agrees not to pay, any bonus commission or fee for the purpose of
obtaining an approval of its application for the grant hereunder.
Section 38. State or Territorial Law.--Anything in the Agreement to the contrary notwithstanding,
nothing in the Agreement shall require the Applicant to observe or enforce compliance with any
provision thereof, perform any other act or do any other thing in contravention of any applicable
State or territorial law; Provided, That if any of the provisions of the Agreement violate any
applicable State or territorial law, or if compliance with the provisions of the Agreement would
require the Applicant to violate any applicable State or territorial law, the Applicant will at once
notify the Government in writing in order that appropriate changes and modifications may be
made by the Government and the Applicant to the end that the Applicant may proceed as soon as
possible with the construction of the project.
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GP 0 906-553
HUD-41422
(5-66)
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Water and Sewer Facilities Grant Program
Name of Applicant Protect No. WS-3-10-015/
CITY OF MIAMI BEACH, FLORIDA
EXTRACTS FROM THE MINUTES OF MEETING, INCLUDING
RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT
The City Council of the City of Miami Beach, Florida,
met in regular meeting at Council Chambers
in the City Hall of the City of Miami Beach, Florida at
Ten _o'clock A M., on the 17th day of Apr i 1 19 68
the place, hour, and date duly established for the holding of such meeting.
The Mayor, Jay Dermer, called the meeting to order and
on roll call the following answered present:
Vice Mayor Malvin Englander Councilman Paul Seiderman
Councilman Norman Ciment Councilman Leonard 0. Weinstein
Councilman Joseph W. Malek Mayor Jay Dermer
Councilman D. Lee Powell
and the following were absent:
None
The Mayor declared a quorum present.
The reported that this special meeting was convened
pursuant to a duly dated and signed Notice of Special Meeting which was
each in due time, form, and manner as required by law. The
read the original of the "Notice and Certificate" set
forth below, and the same was ordered spread on the minutes, as follows:
NOTICE AND CERTIFICATE
1. NOTICE OF SPECIAL MEETING TO THE
of the
Notice is hereby given that a special meeting of the
of the
will be held at _
in the
the regular meeting place thereof, at o'clock M., on the
day of__ , 19 _ , for the purpose of
and for the purpose of transacting any other business which may properly come before such meeting
Dated this day of , 19 .
HUD-41422
2. CERTIFICATE OF SERVICE Page 2
of the
of the
HEREBY CERTIFY that on the day of _ , 19 , I served a true
copy of the foregoing Notice of the Special Meeting on each and every.
of _ of the
in the
following manner:
•
Witness my hand this _ day of , 19
COUNCIL MEETING, APRIL 17, 1968
The following Resolution was introduced by Mr. Malvin Englander
"RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT"
NO, 12404
WHEREAS, The City of Miami Beach, a municipal corporation,
(CORPORATE TITLE OF APPLICANT)
organized and existing under and by virtue of the laws of the (State) (: .•atT ViVOstiDtFl.) of Florida
(herein called the "Applicant"), has heretofore submitted an application to the United States of America,acting by and through
the Secretary of Housing and Urban Development (herein called the "Government"), for a grant under Section 702 of the Housing
and Urban Development Act of 1965, for the purposes designated in the said application; and
WHEREAS, the Government has approved the said application subject to certain conditions and has submitted to the
Applicant a certain Grant Agreement dated as of April 1 , 1968 (herein called the "Grant
Agreement"), for approval and execution by the Applicant, which said Grant Agreement is satisfactory,
NOW, THEREFORE, BE IT RESOLVED BY THE City Council
(TITLE OF GOVERNING BODY)
of the Applicant that the said Grant Agreement, a copy of which is attached hereto, be and the same is hereby approved.
The Mayor is hereby authorized and directed to execute the said
(TITLE OF OFFICER)
Grant Agreement in the name and on behalf of the Applicant, in as many counterparts as may be necessary, and the
City Clerk-Finance Director is hereby authorized and directed to affix or impress
(TITLE OF OFFICER)
the official seal of the Applicant thereon and to attest the same. The proper officer is directed to forward the said executed
counterparts of the said Grant Agreement to the Government, together with such other documents evidencing the approval and
authorization to execute the same as may be required by the Government.
Said Resolution was read in full and discussed and considered.
Mr. D. Lee Powell then moved the adoption of the Resolution as
introduced and read. Mr. Malvin Englander seconded the motion, and, on roll call,
the following voted "Aye":
Councilmen Norman Ciment, Malvin Englander, Joseph W. Malek, D. Lee Powell ,
Paul Seiderman, Leonard 0. Weinstein, Mayor Jay Dermer
and the following voted "Nay":
None
The Mayor thereupon declared the motion carried
and the Resolution adopted as introduced and read.
The resolution was designated No. 12404.
********** **********
There being no further business to come before the meeting, upon motion duly made and seconded, the meeting was
adjourned. J
--17TES : l//<:(, Mayor �
City Clerk-Finance DiICLLoi
FHLBB-Washington, D. C.
HUD-41423 (5-66)
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Water and Sewer Facilities Grant Program
Name of Applicant: Project No.
CITY OF MIAMI BEACH, FLORIDA WS 3-10-0157
OPINION AND CERTIFICATE OF COUNSEL
ACCOMPANYING GRANT AGREEMENT
1. We the undersigned, counsel for CITY OF MIAMI BEACH. FLORIDA
(Name of Applicant)
have examined the record of all proceedings, including, particularly, that certain resolution adopted on
the 17th day of April , 1968 , by the Applicant, relative to the auth-
orization, approval, and execution of that certain Grant Agreement referred to therein and numbered
, by and between the Applicant and the United States of America (herein called the "Gov-
ernment"). We have also examined the counterparts of the Agreement as executed on behalf of the
Applicant.
2. It is our opinion that:
(a) Said proceedings have been taken, said resolution has been adopted, and the Grant Agreement has
been executed on behalf of the Applicant by its proper officials, in form, manner, and otherwise as
authorized by law.
(b) When each of said counterparts of the Grant Agreement shall have been duly executed by the
Government, said Grant Agreement will constitute a valid, binding, and legal agreement between
the aforesaid parties thereto in accordance with its terms.
3. WE DO HEREBY CERTIFY THAT:
(a) None of said proceedings and no authority for the authorization, execution, and delivery of the
Grant Agreement have or has been repealed, rescinded, or revoked, and said resolution is in
full force and effect.
(b) No litigation of any nature is now pending or threatened (in either State or Federal courts)
restraining or enjoining the Applicant's execution of the Grant Agreement or in any manner
questioning or affecting the validity thereof or of the proceedings aforesaid, and neither the
corporate existence nor the legally prescribed area of operation of the Applicant nor the title
of its present officers to their respective offices is being contested.
(c) To the date hereof, no legislation has been enacted during the present session of the Legislature
of the LEGISLATURE of THE STATE OP FT,ORIDA
if now in session, or during the last session of such Legislature, if adjourned sine die less that six
months ago, which affects the organization of the Applicant or its power or authority to finance,
undertake, or carry out the Project contemplated by the Grant Agreement in accordance with the
laws pertaining thereto in effect prior to the convening of such session of the Legislature.
�I
This G2-1h� day of r 19 6 F
toc( iid5
Attorney for:
a m d d 3lor, dzu
Nam e4,,cord:(
f)
FHLBB-Washington, D C.
HUD-41424(10-66)
DEPARTMENT OF HOUaING AND URBAN DEVELOPMENT
Water and Sewer Facilities Grant Program
Name of Applicant: Project No.
CITY OF MIAMI BEACH, FLORIDA WS-3-10 0157
GENERAL CERTIFICATE
Ruth B. Rouleau , DO HEREBY CERTIFY
as follows:
1. I am the duly appointed, qualified, and acting City Clerk-Finance Director of the
City of Miami Beach, Florida (herein called the
"Applicant"). In such capacity, I am custodian of its records and am familiar with its organization, membership,
and activities.
2. The proper and correct corporate title of the Applicant is
CITY OF MIAMI BEACH. FLORIDA,
3. The Applicant was duly created pursuant to the authority of the Constitution and statutes of
State of Florida , including, particularly,
Chapter 7672 thereof
and was duly organized on the 26 day of March , 191 ; and, since the date of its organiza-
tion, the Applicant has continued to exist without interruption in the performance of its public corporate purposes.
4. The names and dates of election or appointment, and the dates of the beginning and ending of the terms of office,
of the members of the governing body of the Applicant and of its principal officers are as follows:
Date of Date of Date of
Election or Commencement of Expiration of
Name and Office(s) Appointment Term of Office Term of Office
(Where one person serves in more than one capacity, indicate dates pertaining
to each position.)
Jay Dermer June 6, 1967 June, 7, 1967 June, 1969
Mayor
Malvin Englander June 1 , 1965* June 1 , 1965 June, 1969
Vice Mayor *date of last elec.
first elected 6/7/61
Norman Ciment June 6, 1967 June 7, 1967 June, 1971
Councilman
Joseph W. Malek June 1 , 1965 June 2, 1965 June, 1969
Councilman
Le ''ow 11 1 mark -7uti?67*
June 7, 1967
Pirsf ele Ted' ?Y74i date osec.
Leonard 0. Weinstein June 1967 June 7, 1967 June, 1971
Councilman
Paul Se i Merman, Councilman June 1 , 1965 June 2, 196 June, 1969
5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them
legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by
law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officer
holding the respective office or offices stated beside his name.
6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of
applicable law, the respective office, specified above, which he holds.
7. Since Nov. 8, , 19,66*, there have been no changes in or amendments to the charter, by-laws, ordinances,
resolutions, or proceedings of the Applicant with respect to:
*Note this date used becaue it represents last time Sec. 8 of the,Cbarter was changed
(a) Time, place, and other provisions concerning regular meetings.
`; _tom-��
(b) Manner of calling and holding special meetings, and business wma: be conducrea at such meetings.
(c) The requirements concerning a quorum.
(d) The manner of amending charter or by-laws.
(e) Requirements regarding introduction, passage, adoption, approval, and publication of resolution, ordinances,
or other measures relating to approval and execution of contracts and authorization, award, execution, or
issuance of bonds, notes, or other obligations.
HUD-41424(10-66)
(f) Officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations.
(g) The office of the Applicant.
(h) The seal of the Applicant; except as follows:
No exceptions
(Here list all exceptions and attach certified extracts of the minutes of proceedings relating thereto; if there
are no exceptions, so state.)
8. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of
the Applicant.
IN WITNESS WHEREOF I have hereunto set my hand and the duly adopted official seal of the Applicant this 22nd
day of April , 19 68 .
/6/ /(t-�
(SEAL) City Cierk—Finance Director
HUD-41425 (5-66)
I
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Water and Sewer Facilities Grant Program
Name of Applicant: Project No.
City of rami ti >�ch F iorida WS 3-10 0157
CERTIFICATE OF RECORDING OFFICER
The Undersigned HEREBY CERTIFIES that:
1. 9-le is the duly appointed, qualified, and acting City Clerk- mance Director
of the City of Miami Ueach, Florida
(herein called the "Applicant"), and keeper of the records thereof, including
the minutes of its proceedings;
2. The annexed copy of extracts from the minutes of the i ty Council meeting
meeting of the Applicant, held on the
17th day of Apr i 1 , 19a_3 , is a true, correct, and compared copy
of the whole of the original minutes of said meeting on file and of record insofar as the same relate to the
resolution referred to in said extracts and the other matters referred to therein;
3. Said meeting was duly convened in conformity with all applicable requirements; a proper quorum
was present throughout said meeting and the resolution hereinafter mentioned was duly proposed, con-
sidered, and adopted in conformity with applicable requirements; and all other requirements and proceed-
ings incident to the proper adoption of said resolution have been duly fulfilled, carried out, and otherwise
observed;
4. SHe is duly authorized to execute this Certificate; and
5. The copy of the resolution annexed hereto entitled:
=': Resoiition _uthorizing Execution of Federal Grant `'.grezment
is a true, correct, and compared copy of the original resolution referred to in said extracts and as finally
adopted at said meeting and, to the extent required by law, as thereafter duly signed or approved by the
proper officer or officers of the Applicant and duly published, which resolution is on file and of record:
WITNESS my hand and the seal 9f the Applicant, this 22nd
day of Ap r i d , 105 .
#0et•t18/POLAT-8--‘__
City Clerk-Finance Director
FHLBB-Washington, D. C.
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