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RESOLUTION 88-19296 RESOLUTION NO. 88-19296 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ATTACHED AGREEMENT PROVIDING FOR A GRANT IN THE AMOUNT OF $30,000.00 FROM THE STATE OF FLORIDA TO THE CITY OF MIAMI BEACH TO BE USED FOR OBTAINING TECHNICAL ASSISTANCE FOR PLANNING IN THE SAFE NEIGHBORHOODS DISTRICTS; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED AGREEMENT. WHEREAS, the "Safe Neighborhoods Act, " Chapter 87-243 , Laws of Florida created a Safe Neighborhoods Trust Fund to provide planning grants and technical assistance to Safe Neighborhood Districts formed by municipalities; and WHEREAS, pursuant to Ordinances 88-2605, 88-2606 and 88-2607, the City Commission of the City of Miami Beach created Safe Neighborhoods District No. 1 and District No. 2 , and applied for planning and technical assistance grants from the Safe Neighborhoods Trust Fund; and WHEREAS, the attached agreement provides for a technical assistance grant in the amount of $30, 000. 00 from the State of Florida to the City of Miami Beach to be used for obtaining technical assistance for planning in the Safe Neighborhoods Districts. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: the attached agreement providing for a grant in the amount of $30, 000. 00 from the State of Florida to the City of Miami Beach to be used for obtaining technical assistance for planning in the Safe Neighborhoods Districts is hereby approved, and the Mayor and City Clerk are hereby authorized to execute the attached agreement. PASSED AND ADOPTED this 1301 day of July , 1988. r' ' ///( 7 / i1 / 1 -MAYOR, ATTEST: -iZea-1-5-1:1 6-) / [0 i4%M APPROVED CITY CLERK LEG/\L D 4--' ,;,--,,..,---4____K....Z.z,„--.___.- Date ____ _/____6 -..,� SWS/bcg 7/88 ref. S a f eGrnt.RS L This agreement is being entered into between the Department of Community Affairs (Department) and the city of Miami Beach (City) located in Dade County, Florida. This agreement is entered into based on the following facts. WHEREAS, the Department is required by Section 163 .519, Florida Statutes, to operate the Safe Neighborhoods Trust Fund; and WHEREAS, the purpose of the Safe Neighborhoods Trust Fund is to provide technical assistance to municipalities or counties that create safe neighborhood improvement districts; and WHEREAS, the city of Miami Beach which created a safe neighborhood improvement district has applied for and met the requirements to receive a technical assistance grant from the Safe Neighborhoods Trust Fund; and NOW, THEREFORE, the Department and the City agree as follows. (1) Scope of Work The City agrees to utilize the funds provided herein to employ the services of technical experts in the field of crime prevention through environmental design, environmental security, and defensible space. In specific the City agrees to complete the following tasks: (A) Use the services of the technical experts to aid the City in development of a safe neighborhood improvementlan and any y other crime prevention through environmental design related tasks as may be appropriate. (B) Audit and Records 1. Maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly document all expenditures of funds provided by the Department under this agreement for a preaudit and post audit thereof. 1 2 . Assure that these records shall be available at a reasonable time for inspection, review, or audit by state personnel and other duty authorized by the Department. "Reasonable" shall be construed according to circumstances but ordinarily shall mean during normal business hours. • 3 . Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after termination of this agreement, or if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. (C) Progress Reports Maintain and file with the Department at least four progress reports. The first progress report is due July 29, 1988. The second progress report is due October 1, 1988. The third progress report is due January 31, 1989. The fourth and final report is due May 31, 1989. Each progress report shall contain a detailed explanation and documentation of the steps taken up to the time the report is prepared to carry out the responsibilities set forth in Section (1) (A) of this agreement. Documentation for the purposes of this section shall include but not be limited to reports, findings, and drafts. (2) The Department agrees: To pay a fixed fee of $30, 000 for work performed according to the terms of this agreement. Payment will be made to the City of $7, 500 upon receipt and approval by the Department of the first progress report; $7, 500 upon receipt approval by the Department of the second progress report and documentation of the provision of adequate matching funds for this payment and the first payment; $7,500 upon receipt and approval by the Department of the third progress report and documentation of the provision of adequate matching funds; $7, 500 upon receipt and approval by the Department of the fourth progress report and documentation of the provision of adequate matching funds. Match documentation shall be in detail sufficient for a proper preaudit and post audit thereof. (3) The City and the Department mutually agree: (A) Effective Date 1. This agreement shall begin on the date on which • the agreement has been signed by both parties. 2. This agreement shall end on June 1, 1989. (B) Termination 1. This agreement may be terminated by either } party upon no less than thirty (30) days' notice, with or without cause; notice shall be ;. delivered by certified mail, return receipt requested, or in person with proof of delivery. Anyunexpended funds Y`y xp on hand on the date that the notice of termination is issued • shall be returned to the Department by the City. 2. Termination Because of Lack of Funds In the event funds to finance this agreement become unavailable, the Department may terminate the agreement upon no less than 24 hours notice in writing to the City. Said notice shall be delivered by certified mail, return receipt requested, or in person with 3 proof of delivery. The Department shall be the final authority as to the availability of funds. 3 . Termination for Breach of Contract Unless the City's breach of this agreement is waived by the Department in writing, the Department may, by written notice of breach to the City, terminate the agreement. Termination shall be upon no less than 24 hours notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of the agreement. The provision herein does not limit the Department's right to remedies at law or to damages. 4 . Termination for Refusal to Allow Access to Records The Department may unilaterally cancel or terminate this agreement for the City's refusal to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the contractor in conjunction with this agreement. (C) Renegotiation or Modification Modifications of provisions of this agreement shall be valid only when they have been reduced to writing and duly signed. The parties agree to renegotiate this agreement if Federal or State revisions of any applicable laws or regulations makes changes in this agreement necessary or desirable. 4 (D) Subcontracts 1. If the City subcontracts any or all of the work required under this agreement, the City agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this agreement. 2 . The City agrees to include in the subcontract that the subcontractor shall hold the Department and the City harmless against all claims of whatever nature by the subcontractor or a third party arising out of the performance of work under this agreement. 3 . Review and approval by the Department shall be required prior to entering into any subcontracts. The City shall forward by overnight mail a copy of the proposed subcontract to the Department for review and approval by the Department. Within ten (10) working days the Department shall notify the City of its determination. Each subcontract shall contain the phrase "Funding for this contract is contingent upon approval of this contract by the Florida Department of Community Affairs. " 4. Both parties further agree that any State institution or agency may be subcontracted with directly to perform the work tasks authorized by this agreement. (E) The Department's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. (F) All terms and Conditions Included This written agreement contains all the terms and conditions agreed upon by the parties. 5 In WITNESS WHEREOF, the parties have caused this six (6) page agreement to be executed by their undersigned officials as duly authorized. City of Miam Bea Department of Community Affairs / / 4 / / NAME _L`.' / NAMERgL6 �- TITLE TITLE ASS,;S IAr/ I 56-0-a0nAe41 DATE 7/I v f ° DATE-.1 V L 01,7 IBJ $ I ) f at-/Lgi" ))1-- 6Z--v &,tii CLI� FORM APPROVED LEGAL DEPT. ,,,00:6,---.---- gz..,„ Date__ 7 .81_8 1_6 ORIGINAL RESOLUTION NO. 88-19296 (Approving the attached agreement provid- ing for a grant in the amount of $30,000 from the State of Florida to the City of Miami Beach to be used for obtaining Technicial Assistance for Planning in the Safe Neighborhoods Districts; and author- izing the Mayor and City Clerk to execute the attached agreement)