RESOLUTION 90-20015 RESOLUTION NO. 90-20015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING RESOLUTION NUMBER 89-19768,
AUTHORIZING THE EXECUTION AND DELIVERY OF A MODIFICATION
TO THE CITY'S LOCAL GOVERNMENT LAND DEVELOPMENT
REGULATION ASSISTANCE PROGRAM CONTRACT WITH THE STATE OF
FLORIDA, PROVIDING FOR A CONTRACT EXTENSION FROM JANUARY
31, 1990 TO NOVEMBER 30, 1990, PURSUANT TO RULE 9J-
29.005 (8) , FLORIDA ADMINISTRATIVE CODE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, THAT
WHEREAS, on October 18, 1989, the City Commission adopted
Resolution Number 89-19768 , authorizing the execution of an
Agreement with the State of Florida for Local Government Land
Development Regulation Assistance Grant Funds; and,
WHEREAS, said Agreement called for a contract completion date
of January 31, 1990; and
WHEREAS, Rule 9J-29 . 005 (8) , Florida Administrative Code,
provides for extensions of contracts until November 30, 1990.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized and directed to execute and deliver a
modification to the City's Land Development Regulation Assistance
Contract No. 90-LP-22-11-23-02-057 , providing for a time extension
from January 31, 1990 to November 30, 1990, with a copy of said
Agreement to be made part of this Resolution and that Resolution
No. 89-19768 be amended, accordingly.
PASSED and ADOPTED this 20th day of June, 1990 .
MAY(i R
FORM APPROVED
ATTEST: LEGAL DEPT.
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Date ///j0c.
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CITY CLERK
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. c---
June 20, 1990
DATE:
TO: Mayor Alex Daou• . d
Members oft ity Commi- ion
FROM: Rob W. Parks A�w ;-
City Manager ,//`
r.
SUBJECT: A RESOLUTIO AUTHORIZING A TIME EXTENSION FOR THE CITY' S
CONTRACT WITH THE STATE OF FLORIDA FOR THE LOCAL
GOVERNMENT LAND DEVELOPMENT REGULATION ASSISTANCE PROGRAM
The State' s Local Government Land Development Regulation Assistance
Act requires the City to adopt land development regulations. In
1989, the State appropriated funds to local governments to offset
costs associated with the preparation of the required regulations.
In October, 1989, the City Commission approved Resolution No. 89-
19768, which authorized the execution of a contract with the State
for the receipt of $75, 311 in grant funds. These funds are used
to pay salary costs, materials, and other Planning and Zoning
Department operating expenses. The State permits time extensions
of the contract terms to complete the work products.
ADMINISTRATION RECOMMENDATION
The Administration recommends the City Commission adopt the
attached resolution authorizing a time extension on the City' s
grant.
RWP/JK/SRP/dcares
Attachment
13
AGENDA
ITEM
DATE � r
RESOLUTION NO. 89-19768
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION
AND DELIVERY OF AN APPLICATION TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS FOR LOCAL GOVERNMENT LAND
DEVELOPMENT REGULATION ASSISTANCE PROGRAM FUNDS FOR FY
1989\90; ADOPTING A SPECIAL REVENUE FUND BUDGET; AND
APPROVING THE APPROPRIATION OF FUNDS FOR FY 1989\90 TO
OPERATE THIS PROGRAM
BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, THAT
WHEREAS, the Local Government Comprehensive Planning and Land Development
Act, Chapter 163, Part ll, Florida Statutes, requires that the City of Miami Beach revise and
adopt land development regulations which implement the City's adopted Comprehensive Plan;
and,
WHEREAS,Rule 9J-29,Florida Administrative Code,provides for a funding assistance
program for the purpose of preparing and revising said land development regulations; and,
WHEREAS, on September 22, 1989, the State Department of Community Affairs
notified the City of Miami Beach that it has been tentatively allocated Seventy-five thousand
three hundred eleven dollars ($75,311) in Local Government Land Development Regulation
Assistance Program Funds; and,
WHEREAS, a special revenue fund (156.6850) has been established for this program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, that the Mayor is hereby authorized and directed to make
appropriate application to the State of Florida, Department of Community Affairs for a Local
Government Land Development Regulation Assistance Program grant in the amount of
Seventy-five thousand three hundred eleven dollars ($75,311) under the provisions of Rule
9J-29, F.A.C., providing financial assistance to the City of Miami Beach for land development
regulations as therein delineated.
BE IT ALSO RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, that the Mayor and the City Clerk are hereby authorized and directed to
execute and deliver, for and on behalf of the City of Miami Beach.any required Agreement(s)
with the Florida Department of Community Affairs, setting forth the City's commitment to
meet and comply with all the terms of the provisions of such grants), when made, with a copy
of said Agreement(s) to be made part of this resolution.
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, that the City Commission hereby adopts the FY 1989\90 revenue
and expenditure budget for Special Revenue Fund 156.6850, appropriating funds in the
amount of $75,311.
PASSED and ADOPTED this 18th day of • tobcr 989.
MAYOR
ATTEST:
FORM APPROVED
LEGAL DEPT.
° 407 a4, B CI Y LERK /o y eff
Date
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aehsp\dcagrant
15
90-,.P-22-11-23-02-057
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
LOCAL GOVERNMENT LAND DEVELOPMENT REGULATION
ASSISTANCE PROGRAM CONTRACT
This contract is entered into between the State of Florida,
Department of Community Affairs, hereinafter referred to as the
"Department" , and City of Miami Beach , hereinafter
referred to as the "Recipient" .
WITNESSETH
WHEREAS, the Department, in furtherance of its duties under
Chapter 163 , Part I I , Florida Statutes, and Chapter 89-253 , Laws
of Florida, has determined that the Recipient is eligible to
receive funds under the Local Government Land Development Regulation
Assistance Program, hereinafter referred to as the "Program" .
NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS :
I. Covenant for Services
The Department does hereby contract with the Recipient to
perform the services described herein and the Recipient does
hereby agree to perform such services under the terms and
conditions set forth in this contract.
II . Availability of Funds
Payment of these state funds pursuant to this contract are
subject to and conditioned upon the total release of authorized
appropriations from the Local Government Land Development Regulation
Assistance Program provided by Chapter 89-253 , Laws of Florida.
III . Definition, Scope and Quality of Service
(A) Intent of the Contract
The Recipient agrees, under the terms and conditions
of this contract and the applicable state and local
laws and regulations, to undertake, perform, and com-
plete all or a portion of the necessary technical
services required to prepare or revise land
development regulations required by Section 163 . 3202 ,
Florida Statutes, and to prepare a report which
explains how the land development regulations are
consistent with and implement the adopted
comprehensive plan as identified in the scope of
services. Neither the Department's entering into
this agreement nor its acceptance of the Recipient's
work products shall be construed as a determination by
the Department that the local government has met any
of the requirements of Chapter 163 , Florida Statutes,
or any provisions of the Florida Administrative Code.
(B) Scope of Services.
(1) Attachment A, Scope of Services, is hereto
incorporated by reference.
(2) Except in areas where the Recipient is a charter
county with overall planning responsibilities or has
documented planning requirements through a joint
agreement, services provided under this contract
shall be in connection with the total area under the
Recipient's jurisdiction.
16
1
IV. Consideration
(A) Amount of Consideration
(1) As consideration for work rendered under this
contract, the Department agrees to pay a fixed fee up
to $ 75, 311 . Payment will be made in accordance
with Article V of this contract.
(B) Use of Funds
(1) Funds may be used for salaries and expenses of local
government staff members or subcontractors involved
in preparing all or a portion of the required land
development regulations and a report which explains
how the land development regulations are consistent
with and implement the adopted comprehensive plan
pursuant to an approved scope of services.
(2) Travel expenses incurred by the Recipient in
fulfillment of this contract shall be in accordance
with the provisions of Section 112 . 061, Florida
Statutes.
(3) Funds may not be used for the purchase of equipment,
fixtures, or other tangible property of a nonconsum-
able and nonexpendable nature with an expected useful
life which exceeds the duration of this contract.
V. Method of Payment
The Department shall pay the full amount after receipt of
the work products under this contract due January 31 , 1990
VI . Required Reports and Records
(A) The Recipient shall provide to the Department a
contract closeout report consisting of a copy of each
work product produced under this program. The report
shall be received by the Department no later than
January 31, 1990 , unless the Recipient received an
extension pursuant to Rule 9J-29. 005 (8) , Florida
Administrative Code.
(B) If all required reports and copies, prescribed above,
are not sent to the Department or are not completed
in a manner acceptable to the Department, the
Department shall withhold further payments until they
are completed. The Department may terminate the
contract with a Recipient if reports are not received
within ten (10) days after notice by the Department.
"Acceptable to the Department" means that the work
product was completed in accordance with professional
planning principles and is consistent with the scope
of services.
VII . Audit Requirements
(A) The Recipient agrees to maintain adequate financial
procedures and adequate support documents to account
for the expenditure of funds under this contract.
(B) These records shall be available at all reasonable
times for inspection, review, or audit by state
personnel and other personnel duly authorized by the
Department. "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean
normal business hours of 8: 00 a.m. to 5: 00 p.m. ,
local time, Monday through Friday.
2
(C) The Recipient shall also provide the Department with
the records, reports or financial statements upon
request for the purposes of auditing and monitoring
the funds awarded under this contract.
(D) The Recipient shall include an accounting of these
funds in the local audit prepared by the Recipient
for the 1989-90 and 1990-91 fiscal years.
(E) In the event the audit shows that the entire fund, or
portion thereof, was not spent in accordance with
Chapter 9J-29, Florida Administrative Code, and the
conditions of this contract, the Recipient shall be
held liable for reimbursement to the Department of
all funds not spent in accordance with these
applicable regulations and contract provisions within
thirty (3 0) days after the Department has notified
the Recipient of such noncompliance.
(F) The Recipient shall retain all financial records,
supporting documents, statistical records, and any
other documents pertinent to this contract for a
period of three years after the date of submission of
the final expenditures report 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.
VIII . Public Records
The Recipient shall allow public access to all documents ,
reports, papers, letters or other material , subject to the
provision of Chapter 119, Florida Statutes, prepared or received
by the Recipient in conjunction with this contract. It is
expressly understood that upon receipt of substantial evidence of
the Recipient's refusal to comply with this provision, the
Department will have the right to terminate this contract for
breach.
IX. Subcontracts
(A) If the Recipient subcontracts any or all of the work
required under this contract, the Recipient agrees to
include in the subcontract that the subcontractor is
bound by the terms and conditions of this contract
with the Department.
(B) The Recipient agrees to include in the subcontract
that the subcontractor shall hold the Department and
Recipient harmless against all claims of whatever
nature arising out of the subcontractor's performance
of work under this Contract, to the extent allowed
and required by law.
(C) If the Recipient subcontracts, a copy of the executed
subcontract must be forwarded to the Department
within 10 days after execution.
X. Liability
The Recipient hereby agrees to hold harmless the
Department, to the extent allowed and required by law, from all
claims, demands, liabilities and suits of third persons or
entities not a party to this contract arising out of , or due to
any act, occurrence, or omission of the Recipient, its
subcontractors or agents, if any, that is related to the
Recipient's performance under this contract.
3
18
XI . Contract Term
(A) The contract shall commence on the last date of
signing by the parties involved. No cost may be
attributed to this contract prior to that date.
(B) All activities performed pursuant to this program
contract shall be completed on or before
January 31, 1990 , unless the Recipient has
received an extension pursuant to Rule 9J-29 . 005 (8) ,
Florida Administrative Code.
XII . Modification of Contract
Either party may request modification of the provisions of
this contract. Changes which are mutually agreed upon shall be
made by written correspondence from the Department and shall be
incorporated as part of this contract.
XIII . Identification of Documents
The cover page or title page of all reports, maps and other
documents completed as a part of this contract shall acknowledge:
"Preparation of this (Map or Document) was aided through
financial assistance received from the State of Florida
under the Local . Government Land Development Regulation
Assistance Program authorized by Chapter 89-253 , Laws of
Florida, and administered by the Florida Department of
Community Affairs. "
The date (month and year) the document was prepared and the name
of the subcontractor or Recipient community responsible for its
preparation shall also be shown.
XIV. Termination
(A) This contract may be terminated by the written mutual
consent of the parties.
(B) If the Recipient shall fail to fulfill in a timely
and proper manner its obligations under this
contract, the Department shall have the right,
without liability, to terminate this contract within
ten (10) days after giving written notice to the
Recipient of such termination. The Department may
also require a pro rata repayment for funds paid to a
Recipient who breaches any part of this contract.
(C) Notwithstanding the above, the Recipient shall not be
relieved of liability to the Department by virtue o
any breach of contract by the Recipient. The
Department may withhold any payments to the Recipient
for purpose of set-off until such time as the exact
amount of damages due the Department from the
Recipient is determined.
XV. Notice and Contact
(A) The contract manager for this contract is Lenwood
Herron, Bureau of Local Planning, Grants and
Publications Section.
(B) The Representative of the Recipient responsible for
the administration of this c ntract is
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19
(C) In the event that different representatives are
designated by either party after execution of this
contract, notice of the name, title and address of
the new representative will be rendered in writing to
the other party and said notification attached to the
original of this contract.
XVI . Terms and Conditions
The contract contains all the terms and conditions agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their undersigned officials as duly
authorized.
RECIPIENT:
BY:
Name and Title e,hP pc,sn vlr,e May or
Attest :
Date �l, Witness ,Z2,44, 640.044.
City Clerk
STATE OF FLORIDA
DEPARTMENT •• • s TY AFFAIRS
BY: /
Name and Title Paul R. Bradshaw, Director
Date December 20 , 1989
20 •
5
Page 1 of I
Attachment A
A. SCOPE OF SERVICES - Describe, in outline form, the work
products that will be completed during this contract period
using only the allocated funding. Identify, in the column to
the right, the specific sections of Chapter 163, Part II,
Florida Statutes, that will be completed by each work item
listed. (If necessary, please copy this page and continue) .
WORK PRODUCTS SECTION OF CHAPTER 163, F.S. or
RULE CHAPTER 9J-29, F.A.C.
1. Report which explains the LDRs 1. 9J-29.005(2) (e) , F.A.C.
are consistent with and implement
the adopted comprehensive plan,
as required by s. 163.3202(1) , F.S.
2. Land Development Regulations 2.
which govern the following:
a. Use of land and water a. s. 163.3202(2) (b) , F.S.
b. Regulation of floodplain b. s. 163.3202(2) (d) , F.S.
areas and provision of
drainage and stormwater
management
c. protection of environmentally , c. s. 163.3202(2) (e) , F.S.
sensitive lands
d. signage J d. s. 163.3202(2) (f) , F.S.
e. availability of public e. s. 163.3202(2) (g) , F.S.
facilities and services
concurrent with the impacts
of development
f. onsite traffic flow and f. s. 163.3202(2) (h) , F.S.
parking
3. True and correct copy, as 3. 9J-29.005(3) , F.A.C.
certified by the city clerk,
of ordinance adopting the land
development regulations.
All work products will be completed in accordance with the applicable
requirements of Chapter 163, Part II, F.S. , and Rule Chapter 9J-29, F.A.C. ,
as referenced above.
21
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}. . - STATE OF FLORIDA
1.1. -K'Ne3Riv'''' 'DE J4RTMENT OF COMMUNITY AFFAIRS
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2 7 4 0 CENTERVIEW DRIVE • TALLAHASSEE , FLORIDA 3 2 3 9 9 - 2 1 0 0
BOB MARTINEZ THOMAS G.PELHAM
Governor August 27 , 1990 Secretary
The Honorable Alex Daoud
Mayor of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Modification No. 1, Contract No. 90-LP-22-11-23-02-057
Dear Mayor Daoud:
The Land Development Regulation Assistance grant contract
referenced above terminated on January 31, 1990. In order for
your local government to be authorized to continue work under the
contract, it must be reinstated and the term extended by a formal
modification. This letter represents the formal modification and
reinstatement of the above contract. Your acceptance of this
agreement will allow your local government to receive the balance
of grant funds due upon satisfactory completion of the delivera-
bles which are listed in Attachment A of your contract.
The following modifications are made to Section XI (B) of the
contract:
(B) All activities performed pursuant to this program
contract shall be completed on or before November 30, 1990.
This contract modification shall not be construed as an
extension of the due date for adoption of land development regu-
lations pursuant to Section 163 . 3202 , Florida Statutes, and Rule
Chapter 9J-12 , Florida Administrative Code. The sole intent of
the modification is to provide an extension to the deadline for
completion of activities specified in the contract referenced
above.
All other provisions of the contract are still in effect and
are to be performed as specified in the contract. This modifica-
tion is effective on January 31, 1990, and is hereby made a part
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
The Honorable Alex Daoud
August 27 , 1990
Page Two
of the contract. This modification shall be valid with your
signing. If you agree with this modification, please indicate
your concurrence by signing at the appropriate place below, and
returning two original signed copies of this letter. This modi-
fication shall be attached to the original contract.
Sincerely,
Vat
o' e'v! q• avt,_
Robert G. Nave, Director
Vice-Mayor Division of Resource Planning
City of Miami Beach and Management
FORM APPROVED
LEGAL
DEPT.
Date ay
ATTEST:
c-, ./ >2-) k3"---/---1-L/
City Clerk
. •
CITY OF MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
DEPARTMENT OF PLANNING & ZONING CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: (305) 673-7550
September 21, 1990
TO: ELAINE BAKER
CITY CLERK
i
1
FROM: DEAN J. GRANDIN, JR. '
DIRECTOR OF PLANNING AND ZONING
SUBJECT: AGREEMENT TO MODIFY CONTRACT WITH FL DEPT. OF COMMUNITY
AFFAIRS
Please find attached a modification to the City' s contract with the
State Department of Community Affairs. Two originals need to be
signed by the Mayor and returned to the State.
Also attached is a copy of Resolution No. 90-20015, which
authorizes the execution of this contract modification.
Please provide us with a copy of the document once it is executed.
Thank you.
DJ G/SRP/hp
a:dcamodmem
Attachments
lii>,
0s
i
hfr INCOR 1, a * MAYOR'S OFFICE F.Y.I.
SPEED MEMO
FOR YOUR
TO: Rob W. Parkins,City Manager CONSIDERATION
ADMINISTRATIVE
HANDLING
FROM: ALEX DAOUD, MAYOR
ATTACHMENT
SUBJECT: ROBERT G. NAVE/STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
SELF-EXPLANATORY
-----------....---------
MESSAGE Date: 9/4/90 REPLY Date: 9/6,00
Attached please find letter from Receipt acknowledgel.
Ribert G. Nave, State of Florida,
Department of Community Affairs, RWP:ap
concerning Modification No. 1,
Contract No. 90-LP-22-11-23-02-05 , cc: !NAITkiey Taylor-Prakelt, Community Dev.
- ..
for your review.
Thank you.
AD:scf
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Signature: Signature:
•
• r'.••-*-- - -`,"•- OFFICE OF THE MAYOR
• •'�'`` CITY OF M IAM I BEACH
,NCC,7r .R. TED
1700 CONVENTION CENTER DRIVE
.<-'1,�.. ••�`• � MIAMI BEACH, FLORIDA 33139
-4:.:4-
ALEX DAOUD
MAYOR
September 4, 1990
Mr. Robert G. Nave, Director
Division of Resource Planning & Management
State of Florida
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Dear Mr. Nave:
Thank you for your letter concerning the Land Development
Regulation Assistance grant contract, Modification No. 1,
Contract No. 90-LP-22-11-23-02-057 . Your correspondence has
been forwarded to the City Manager, Mr. Rob W. Parkins, for
his review and administrative handling.
If I can be of further assistance to you, please do not
hesitate to contact me.
Sin r ly
fii
Orr
ex Daoid,
Mayor
AD:scf
ORIGINAL
RESOLUTION NO. 90-20015
Amending Resolution No. 89-19768,
authorizing the execution and delivery of
a modification to the City's local
government land development regulation
assistance program contract with the
State of Florida, providing for a con-
tract extension from January 31, 1990 to
November 30, 1990, pursuant to rule
9J-29.005(8) , Florida Administrative
Code.