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WHEREAS, certain administrative controls are necessary to
ensure that public funds are expended for a public purpose and in
accordance with sound grant management principles; and
WHEREAS, the City Manager recommends the Grant Agreement and
the City Attorney has approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,
1) that the City Commission of the City of Miami
Beach, Florida, hereby approves a Grant
Agreement between the City of Miami Beach and
the Florida Department of Legal Affairs for a
Four Hundred Seventy Five Thousand Nine
Hundred Ninety Five Dollar ($475, 995) Grant
for an Enterprise Zone Safe Neighborhood
Capital Improvement Project in Safe
Neighborhood District No. 1 for a Street-scape
Project, and that the Mayor and the City Clerk
are authorized to execute the Grant Agreement;
and
2) City of Miami Beach Resolution No. 91-20298,
adopted on May 22 , 1991, is hereby rescinded.
PASSED and ADOPTED this 19th day of June , 1991.
ATTEST:
16jActA,A ,TrOAdv.‘ ANIt.
City Clerk Vice-vayor
C:\RESOLUTIONS\NEIGHBOR.SAF
PNB:Im
FORM APPROVED
LEGAL DEPT.
Date th77/
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OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.,7759--W
DATE: June 19, 1991
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Carla Bernabei Talarico
City Manager
SUBJECT: AUTHORIZATION TO EXECUTE A CONTRACT AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THE STATE OF FLORIDA, DEPARTMENT
OF LEGAL AFFAIRS FOR A $475,995 GRANT FOR AN ENTERPRISE
ZONE SAFE NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECT IN THE
SAFE NEIGHBORHOOD DISTRICT NO. 1.
BACKGROUND
On May 22nd, 1991, the City Commission of the City of Miami Beach
passed Resolution 91-20298, authorizing the execution of a contract
agreement between the City of Miami Beach and the State of Florida,
Department of Community Affairs for a $500, 000 grant for an
Enterprise Zone Safe Neighborhood capital improvement project in
Safe Neighborhood District No. 1.
On May 24th, 1991, the Governor signed into law CS/CS/CS/HB 827
(Neighborhood Improvement Districts/Safe Neighborhoods Act) enacted
by the 1991 Florida Legislature. Among several other major
provisions, this legislation transfers responsibility for
administration of the Safe Neighborhoods Program from the
Department of Community Affairs to the Department of Legal Affairs.
This change in administrative authority, requires re-execution of
the contract between the City of Miami Beach and the new authority
- the State of Florida, Department of Legal Affairs. The contract
is essentially the same as the previous contract with the
exception of two items; 1) The grant amount has been reduced by
$24 , 005 from $500, 000 to $475,995, due to budget cuts across the
board by the State Legislature, and 2) the Department of Legal
Affairs reserves the right to terminate the agreement upon no less
than five days notice to the recipient. The previous contract
allowed the Department of Community Affairs to terminate the
agreement with only 24 hours notice.
The Administration is still hopeful that an extension (beyond
November 22 , 1991) will be granted on the time frame in which to
accomplish the project as set forth in the agreement.
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the attached resolution be
authorized - approving the execution of a contract between the City
of Miami Beach and the State of Florida, Department of Legal
Affairs, for a $475, 995 grant to undertake capital improvements in
accordance with Safe Neighborhoods District No. 1 Plan; and,
authorizing the City Manager to negotiate extended dates for the
project time table.
122
AGENDA /(/) 7 ,
ITEM
-7/
DATE
CONTRACT NO:
GRANT AGREEMENT
This AGREEMENT is entered into between the Florida
Department of Legal Affairs, an agency of the State of Florida
with headquarters being located in The Capitol, Tallahassee,
Florida, 32399-1050, hereinafter referenced as the
"DEPARTMENT", and the City of Miami Beach, 1700 Convention Center
Drive, Miami Beach, Florida, 33139, hereinafter referenced
as the "RECIPIENT" .
WHEREAS, the 1990 Legislature of the State of Florida
appropriated $475, 995 in Specific Appropriation Number 2223D
for Enterprise Zone Safe Neighborhood Capital Improvement
projects; and,
WHEREAS, the Legislature has informed the DEPARTMENT of its
intent that those funds be provided as a grant to the RECIPIENT
for activities related to Enterprise Zone Safe Neighborhood
Capital Improvement projects; and,
WHEREAS, certain administrative controls are necessary to
ensure that public funds are expended for a public purpose and in
accordance with sound grant management principles;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. This is a fixed fee AGREEMENT for up to $475,995 for
satisfactory performance of services set forth in the attachments
hereto and incorporated by reference as: Attachment A -- Scope of
Work; Attachment B -- Budget; and Attachment C -- Project Time
Table.
1
2 . In accordance with the provisions of Section 287 . 0582 ,
Florida Statutes, if the terms of this AGREEMENT and payment
thereunder extend beyond the current fiscal year, the
DEPARTMENT'S performance and obligation to pay under this
AGREEMENT are contingent upon an annual appropriation by the
Legislature.
3 . Any advance payment under this AGREEMENT is subject to
Section 216. 181, Florida Statutes. The maximum advance allowable
shall be the expected cash needs of the initial 3 months of this
AGREEMENT. If an advance payment is requested, a letter
containing the request and justification shall be attached to
this AGREEMENT as Attachment D. The letter shall specify the
amount of payment needed and contain an explanation of the
necessity and proposed use of those funds. The RECIPIENT shall
place all funds received as a cash advance in an interest-bearing
account, maintain records of the interest earned, and adjust the
final invoice to reflect the deduction of interest earned from
the reimbursement amount.
(CHECK ONE)
1. No advance payment is required.
2 . X An advance payment of $ 1 18,999.00 is
requested.
4 . After the initial advance, payment shall be made on a
fixed fee basis for the completion of the tasks set forth in
Attachment A - Scope of Work. Each payment request shall be
submitted in detail sufficient for a proper preaudit and
postaudit thereof.
2
5. The RECIPIENT agrees to expend the funds solely for
operating costs in accordance with the budget set forth in
Attachment B. Changes in the budget may be made by the RECIPIENT
only after formal modification to this AGREEMENT is approved in
writing by the DEPARTMENT. However, changes within individual
line items may be made at the discretion of the RECIPIENT,
without DEPARTMENT approval if the cumulative effect of such
changes does not exceed 20 percent of the line item or 20 percent
of the total approved grant amount; budget changes cannot result
in the over-expenditure of the total approved grant amount. Only
unobligated funds may be transferred from one line item to
another line item. The RECIPIENT shall notify the DEPARTMENT
within 30 days in writing when such changes are made.
6. Justified and reasonable travel expenses which are
directly and exclusively related to the services rendered under
this AGREEMENT will be reimbursed in accordance with
Section 112 . 061, Florida Statutes. For purposes of computing
travel expenses, the RECIPIENT'S place of business shall be that
listed in the Preamble to this AGREEMENT and all travel expenses
shall be computed on that basis.
7. The RECIPIENT shall maintain books, records, documents,
and files according to generally accepted accounting principles,
which shall sufficiently and properly reflect all expenditures of
funds received under this AGREEMENT. These records shall be open
for inspection by the DEPARTMENT or its designees at any
reasonable time and shall be maintained at the RECIPIENT'S
headquarters office for a period of three years from the date of
3
submission of the financial and narrative reports required under
this AGREEMENT.
8 . This AGREEMENT shall begin on the last date of signing
and shall end December 31, 1991.
9. The RECIPIENT, upon depletion of the grant funds, but in
no case later than February 28, 1992 shall provide a narrative
close-out report to the DEPARTMENT, describing the project
conducted with the grant funds. A brief financial close-out
report shall accompany the narrative. Both reports shall be
addressed to the DEPARTMENT'S representative.
10. Any funds expended in violation of this AGREEMENT or
Florida law will be refunded in full to the DEPARTMENT.
11. The RECIPIENT shall maintain and file with the
DEPARTMENT two activity completion reports. The reports shall be
completed as follows:
(A) The first report is due on or before August 12,
1991, and shall include a detailed explanation and
documentation of the action taken to complete
activities 1 through 5 set forth in Attachment A -
Scope of Work of this AGREEMENT.
(B) The second report is due on or before November 22,
1991, and shall include a detailed explanation and
documentation of the action taken to complete
activity 6 set forth in Attachment A - Scope of
Work of this AGREEMENT.
12 . The DEPARTMENT agrees to pay a total fixed fee of
$475, 995 for the satisfactory completion of all work performed
4
according to the terms of this AGREEMENT. Payment shall be made
as follows:
(A) A payment of $237,997. 50 will be made to the
RECIPIENT upon the completion of the activities set
forth in Section 11 (A) of this AGREEMENT and
receipt and the approval by the DEPARTMENT of the
first task completion report. In the event that an
advance payment is requested pursuant to Section 3
of this AGREEMENT, the first payment shall be
reduced by the full amount of the advance payment
made to the RECIPIENT hereunder.
(B) A payment of $237,997.50 will be made to the
RECIPIENT upon the completion of the activities set
forth in Section 11 (B) of this AGREEMENT and
receipt and the approval by the DEPARTMENT of the
second task completion report.
13 . Amendments
Either party may, from time to time, request
changes in the scope of the services to be
performed under this AGREEMENT, with concomitant
adjustments in the consideration to be paid. Such
changes which are mutually agreed upon by and
between the DEPARTMENT and the RECIPIENT shall be
incorporated in written amendments to this
AGREEMENT. No other amendments shall be made.
14 . (A) Termination Because of Lack of Funds
In the event funds to finance this AGREEMENT become
5
unavailable, the DEPARTMENT may terminate the
AGREEMENT upon no less than five (5) days notice in
writing to the RECIPIENT. Said notice shall be
delivered by certified mail, return receipt
requested, or in person with proof of delivery to
the address set forth below. The DEPARTMENT shall
be the final authority as to the availability of
funds.
(B) Termination Of Agreement For Cause
If, in the judgement of the DEPARTMENT, the
RECIPIENT for any reason fails to fulfill in a
timely manner all obligations under this AGREEMENT,
or if the RECIPIENT should violate any of the
covenants, AGREEMENTS or stipulations of this
AGREEMENT, the DEPARTMENT shall have the right to
terminate this AGREEMENT by giving at least five
(5) days written notice by registered mail to the
RECIPIENT of such termination and by specifying
the effective date.
(C) Recipient's Responsibilities Upon Termination
In the event this AGREEMENT is terminated for any
reason, all finished or unfinished documents, data,
studies, correspondence, reports and other products
prepared by or for the RECIPIENT under this
AGREEMENT shall be made available to and for the
exclusive use of the DEPARTMENT.
6
Notwithstanding the above, the RECIPIENT shall not
be relieved of liability to the DEPARTMENT for
damages sustained by the DEPARTMENT by virtue of
any termination or breach of this AGREEMENT by the
RECIPIENT. In the event this AGREEMENT is
terminated, the RECIPIENT may be reimbursed in an
amount proportional to the compensable work
satisfactorily completed on the effective date of
termination.
15. All records made or received by the RECIPIENT in
conjunction with this AGREEMENT are public records available for
inspection by the public in accordance with the provisions of
Section 119. 07, Florida Statutes. Refusal of the RECIPIENT to
allow public access to such records shall constitute grounds for
cancellation of this AGREEMENT as provided in Section 287 . 058,
Florida Statutes.
16. Notice and Contact
(A) The Representative of the DEPARTMENT responsible
for the administration of this AGREEMENT is
Daniel A. Gilmore, Deputy Chief
Bureau of Crime Prevention and Training
PLO1 The Capitol
Tallahassee, Florida 32399-1050
7
(B) The Representative of the RECIPIENT responsible for
the administration of this AGREEMENT is
Richard Gatti, Director of Public Works
Department(title) , 1700 Convention Center Drive
Miami Beach, Florida 33139 (address) .
(C) In the event that different representatives are
designated by either party after execution of this
AGREEMENT, notice of the name and address of the
new representative will be delivered or mailed by
certified mail in writing to the other party at the
address set forth above, and said notification
attached to the original of this AGREEMENT.
17 . All Terms and Conditions Included
This written AGREEMENT and its attachments as
referenced, contain all the terms and conditions agreed
upon by the parties. (Attachments A -- Scope of Work;
Attachment B -- Budget; and Attachment C -- Project Time
Table) .
In WITNESS WHEREOF, the parties have caused this eight page
AGREEMENT to be executed by their undersigned officials as duly
authorized.
City of Miami Be ch DEP of 'egal . fairs
111004110M___.. . fitName Brace Singer Name R1d V .?a
Title Vice-Mayor Title Assistant Dxuty Fes' Ekecutive lisiness
Date `31 \'V\ k Date 6-17-91 (6)
FTEST: FORM APPROVED
€-.Tfrow . LEGAL DEPT.
2ity Clerk
ey
8
Date � L/ 9/
ATTACHMENT A
SCOPE OF WORK
RECIPIENT: City of Miami Beach
Description of Project:
The scope of work for this project will include procurement
of engineering and design services for the construction of
street, sidewalk and lighting improvements along 1st Street
between Alton Road and Washington Avenue in Miami Beach. All
work is to be done in accordance with the South Florida Building
Code and any other applicable agencies.
Also included in the scope of work will be surveying and
testing, preparation of plans, specifications, and contract
documents, advertising for and obtaining qualified contractors to
perform all construction, and procurement of permits and any
other engineering and construction necessary to complete the
project.
Specific Activity Required
1. City Commission to approve
service order with architect/
engineer for contract document
2 . Architect/engineer to submit
preliminary report on project.
3 . Advertise bid for construction.
Review bids and select
contractor.
4 . Issue notice of award to
contractor(s) . Contractor(s)
will obtain bonds, provide
insurance, documentation. City
and contractor execute
contract.
5. City issue notice to
proceed.
6. Construction.
9
ATTACHMENT B
Budget for Miami Beach "Streetscape" Project
RECIPIENT: The City of Miami Beach
Description Unit Unit Quantity Amount
Price
6" x 18" Curb LF 12 .50 1020 12 ,750. 00
(Median)
Sod & Top Soil SF 1. 10 5900 6,490. 00
12" Stabilized SY 2. 50 7478 18, 695. 00
Subgrade
12" Lime Rock Base SY 14 . 50 7478 108, 431. 00
2" Asphalt Conc. SY 4 .75 6960 33 , 060. 00
Concrete Side Walk SY 22 . 50 871 19, 597. 50
18" Curb and Gutter LF 14 . 50 1875 27, 187. 50
Drainage System LS 24000. 00 1 24 , 000. 00
Light Poles EA 2200. 00 7 15,400. 00
Double Mast
Light Poles EA 2100. 00 14 29,400. 00
Single Mast
Street Light Conduit LF 10. 50 2915 30, 607. 50
Trees LS 23202 . 00 1 23 , 202 . 00
Irrigation SF 1. 50 8194 12 , 291. 00
Testing LS 2450. 00 1 2 , 450. 00
Relocation & Adjust- LS 39000. 00 1 29, 000. 00
ment of Utilities
Subtotal $392 , 561. 50
Engineering, Design
& Survey Contingencies . 15 60, 384 . 23
Contingencies . 10 23 , 049. 27
Total $475,995. 00
10
.
ATTACHMENT C
PROJECT TIME TABLE
RECIPIENT: The City of Miami Beach
Activity Start Date End Date
1. City Commission to approve Upon Signing 8/1/91
service order with architect/ by both parties
engineer for contract document
2 . Architect/engineer to submit " 8/1/91
preliminary report on project.
3 . Advertise bid for construction. " 8/1/91
Review bids and select contractor.
4. Issue notice of award to " 8/1/91
contractor(s) . Contractor(s)
will obtain bonds, provide
insurance, documentation. City
and contractor execute contract.
5. City issue notice to " 8/1/91
proceed.
6. Construction. 8/1/91 11/22/91
11
Attachment D
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*0 WF.
STATE OF FLORIDA
OFFICE OF ATTORNEY GENERAL
ROBERT A. BUTTE RWORTH
June 7, 1991
The Honorable Alex Daoud
Mayor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Mayor Daoud:
The 1991 Florida Legislature enacted into law
CS/CS/CS/HB 827 (Neighborhood Improvement Districts/Safe
Neighborhoods Act) . Among several other major provisions,
this legislation transfers responsibility for administration
of the Safe Neighborhoods Program from the Department of
Community Affairs to the Department of Legal Affairs. The
legislation officially became law on May 24 , 1991, when it
was signed by the Governor.
In keeping with these responsibilities, enclosed are three
original copies of the proposed agreement between the State
of Florida, Department of Legal Affairs and the City of
Miami Beach in the amount of $475,995. This agreement is
authorized in specific appropriation number 2223D, for
Enterprise Zone Safe Neighborhood Capital Improvement
projects enacted by the 1990 Legislature.
Please sign and date all copies of the agreement and return
them as soon as possible. Remember we are still operating
on a June 30, 1991 deadline to fully execute this agreement.
As the new administrator for the Safe Neighborhoods Program,
this office is looking forward to working with you on this
project. If you have any questions or need additional
information, please contact Dan Gilmore in my Bureau of
Crime ention and Training at (904) 487-3712 .
Sincerely, --
N 0 JOI
Robert A. Butterworth
Attorney General
RAB/qj m
Enclosures
cc : Stuart Rogel, Assistant City Manager
.
CITY OF MIAMI BEACH
0!!]:::1
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE (305) 673-7010
FAX: (305) 673-7782
June 12 , 1991
Mr. Daniel A. Gilmore
Deputy Chief
Bureau of Crime Prevention and Training
PLO1 The Capitol
Tallahassee, Florida 32399-1050
SUBJECT: SAFE NEIGHBORHOODS CONTRACT, ADVANCE PAYMENT REQUEST
Dear Mr. Gilmore:
In accordance with the instructions set forth in the contract
agreement between the City of Miami Beach and the State of Florida,
Department of Legal Affairs, for a $475, 995 grant for an Enterprise
Zone Safe Neighborhood capital improvement project in Safe
Neighborhood District No. 1, we are hereby requesting an advance
payment in the amount of one hundred and eighteen thousand, nine
hundred and ninety nine dollars ($118, 999) . This amount, which
represents twenty five percent (25%) of the total grant award, will
be used towards commencing activities 1 through 5 set forth in
Attachment A (Scope of Work of this Agreement) of the contract.
Thank You.
Sincerely,
I aliW. i • • A.
Carl Bernabei Talarico
City Manager
CBT:kb
cc: Stuart L. Rogel, Asst. City Manager
Patrick N. Brown, First Asst. City Attorney
Harry S. Mavrogenes, Director, Economic & Community Development
�1ii: 1�►
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STATE OF FLORIDA
OFFICE OF ATTORNEY GENERAL
ROBERT A. BUTTERWORTH
June 18, 1991
The Honorable Alex Daoud
Mayor, City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Mayor Daoud:
In 1990 the Florida Legislature recognized that safe
neighborhoods in the State of Florida do not happen by
chance. They are the product of planning and the
implementation of innovative strategies such as Crime
Prevention Through Environmental Design. To that end, the
legislature appropriated funds to four Safe Neighborhood
Improvement Districts that have completed the planning
process and are now ready to begin implementation.
As the new administrator for the state's Safe Neighborhoods
Program, I am committed to programs that help our cities
deal with crime, drugs, and neighborhood deterioration and I
am pleased to be working with you on this project. On
behalf of the Governor and the Legislature, I am pleased to
award to the City of Miami Beach this Enterprise Zone Safe
Neighborhood Capital Improvement Grant Award in the amount
of $475, 995.
This grant award is authorized in specific appropriation
number 2223D enacted by the 1990 Legislature. It will be
administered according to the terms of the "AGREEMENT"
between the Department of Legal Affairs and the City of
Miami Beach, which was fully executed on June 17, 1991.
This "AGREEMENT" provides for an initial advance of up to 25
percent of the total grant award and two subsequent payments
for the remaining amount.
Again, I want to extend my congratulations to the City of
Miami Beach and the South Beach Area Safe Neighborhood
Improvement District, who will actually be utilizing these
funds.
The Honorable Alex Daoud
Page Two
If you have any questions or need additional information,
please contact Dan Gilmore in my Bureau of Crime Prevention
and Training at (904) 487-3712 .
cerel
air . 1
Robert A. Butterworth
Attorney General
RAB/qjm
ORIGINAL
RESOLUTION NO. 91-20313
Approving a grant agreement between the
City of Miami Beach and the Florida
Department of Legal Affairs for a four
hundred seventy five thousand nine hundrec
ninety five dollars ($475,995) grant for
an Enterprise Zone Safe Neighborhood
Capital Improvement Project in Safe
Neighborhood District No. 1 for a
street-scape project, authorizing the
Mayor and the City Clerk to execute the
grant agreement and rescinding Resolution
No. 91-20298.