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Resolution 80-16179 RESOLUTION NO. 80-16179 A RESOLUTION OF THE CITY CaVI.MISSION OF THE CITY OF MIAMI BEACH , FLORIDA, ACCEPTING GRANT FROM THE U. S. DEPARTMENT OF ENERGY THROUGH THE FLORIDA STATE DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PURPOSE OF FUNDING A PROGRAM MONITORING COMPLIANCE OF NON- RESIDENTIAL BUILDINGS IN THIS CITY WITH FEDERAL ENERGY BUILDING TEMPERATURE RESTRICTIONS ; AND AUTHORIZING EXECUTION OF CONTRACT THEREFOR. WHEREAS , the City Commission of the City of Miami Beach, Florida, has determined it to be in the best interest of its citizens of Miami Beach to accept a grant f ream the U. S. Department of Energy through the Florida State Department of Community Affairs for the funding of a program monitoring ccmpliance of non-residential buildings in this City with federal energy guidelines ; and WHEREAS, the City has been advised that said grant has been approved in the amount of $22 ,000. 00 and will provide all of the expenses of the Program ; and WHEREAS , the City Attorney has approved as to the form, the Contract between the U. S. Department of Energy and the City of Miami Beach, a copy of which is attached hereto and made a part hereof ; and. WHEREAS , the City Manager has recommended to the City Commission that said Agreement be entered into ; NOW, THEREFORE , BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach accept a Grant from the U. S. Department of Energy through the Florida State Department of Community Affairs , for this program; BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk be and they are hereby authorized and directed to execute said Agreement in the name of and on behalf of the City of Miami Beach. PASSED and ADOPTED this 6th day of February , 1980. Attest: City Cler BMS/rcp OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 AGREEMENT This Agreement is made this 6th day of February 1980 , between the Florida Department of Community Affairs , (the "Department") and the City of Miami Beach • Florida (the "City") . The Department, in concert with the Governor ' s Energy Office, administers funds from the U . S . Department of Energy for the purpose of performing energy conservation-related services . The City has, in response to the Department' s Request, submitted an acceptable proposal for provision of these services within the incorporated areas of the City. Therefore, the parties agree as follows : 1 . Services to be Provided. The City agrees to provide those services described in the Department ' s Request for Proposal and in the City ' s Pro- Li posal Response, which documents are incorporated here as Attachment. A. The courtesy and compliance inspections will be conducted solely within the geographical confines of the incorporated city limits . The City will not be responsible for enforcement of any energy conservation standards under this Agreement. The primary purpose of the services is education, monitoring , and reporting. The City will be responsible for obtaining the instruments necessary to conduct accurate compliance inspection. 2 . Compensation. The Department agrees to compensate the City for ser- vices in the following manner: $2 , 000 .00 will be provided upon execution of this Agreement by both parties . $25 . 00 per inspection will be provided on a monthly basis , that is , the Department will calculate monthly payments to the City based upon the number of acceptable inspection 5,T5 • AGENDA /+ F ITEM (� _rage 1 of 3 tyo - w •�►ai+ie+ v CidYa t C6tA r�TQ.y,Rt'++k,..�tiiw�.�t'r`:`-"�^.'�,*e`�'��l.�'.f�'. §���Y•.^�'�a'R�1'i,,�{1ri'`'di''x'IZ'H���-.,ti.-'�aP�i.'f.A' nom+. 'Lc�z` t G •"...':d DATE - /(0 i'o � '�t"rr - .. reports received by the Department each month. 5500 . 00 will be paid to the City upon receipt by the Department of the final report described below. . In no event shall compensation under this Agreement exceed $22 , 000 . 00, regardless of the number of inspections completed by the City. 3 . Reports and Training. Inspection reports will be submitted weekly to the Department or its designee on forms provided by the Department , The City agrees to complete at least 780 acceptable reports by April 1 , 1980 . Reportsthat are not received or postmarked . by April 1st will not be eligible for compensation. The City agrees to send its personnel who will be con- ducting inspections to the orientation seminar provided by the Department at the time and place as follows.: Date : January 25, 1980 Time : 9 : 00 a.m. until 3 : 00 p.m. Place : Regency Square Library 9900 Regency Square Boulevard Jacksonville, Florida • In addition to the inspection reports, a final report must be submitted to the Department by the City by April 1 , 1980 . This report must summarize the, accomplishments of the City in carrying out the functions described in its proposal and should include comments and recommendations regarding the program. 4 .. Technical Assistance by the Department . Technical assistance will be provided by the Department and by the Governor ' s Energy Office. Training manuals , inspec- tion report forms and compliance certificates will be provided to the City. 5. Period of Agreement . .This.14.o Beaten .rail :.;,?mme cz upon -execution 'by both parties , provided however, no inspections shall be conducted by the City until after the training seminar described in paragraph 3 . , above . .•;K t Page 2 of 3 ^ .. .'•- . .+' i ``Y���'^"Sd 1i.S SiFw.� �r+.5eis.1N�.r att+r�.w9t.:Y:i ."Y ,iSWa4�K"+ Sr' [O +E� ''+•"�,'• � •i•*+ i':R''«rT � �^. ..wn.0 .'r1.-a..� _.•r5�'�Gs?'fa. . "L.a+'tc' iiaq..,..� 5+!►` J+t"•� 6 . Clarification of Terms . In the event of a conflict between the terms of this Agreement and the attachments to this Agreement incorporated in Paragraph 1 . , above, this Agreement shall prevail . 7 . Modifications, Assignments , Subcontracts . This Agreement may be modified upon mutual consent of the parties , provided that any modifications must be in writing . The services to be provided under this Agreement may not be assigned or subcontracted by the City without the concurrence of the Department. FOR THE CITY: FOR THE DEPARTMENT: ayor van SOL . !) ggen, ecretary • ATTEST : City Clerk Individual assigned by the City to direct this project : Curt R. Wild Code Enforcement Director 673-7558 ?Fame Title one Individual assigned by the Department to direct this project : Lawrence H. Jordan , Codes Program Administrator 488-3581 Name Title Phone • Page 3 of 3 „ t i�li:H`,ey�. l�`♦ro� $ {� - ♦ If t) .f. / "�'! 'ir..tidti.+ u- + Y”4i . ik4 kltfek Ti"L t tllt.i. lf•q:. - .t"+- , i.. .7' 4 te �4�r�►�L�? `yV"'g1�k�y!~l :j s",%71 ,.f ' a ;:� x ,2 * _ t ORIGINAL RESOLUTION NO. 80-16179 (Accepting grant from U.S. Dept.of Energy through Florida State Dept.of Community Affairs for the purpose of funding a pro- gram monitoring compliance of non- residential buildings in this City with Federal energy building temperature restrictions; and authorizing execution of contract therefor)