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2004-25487 Reso RESOLUTION NO. 2004-25487 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT APPLICATIONS FOR GRANT FUNDS TO THE FOLLOWING AGENCIES: 1) FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT FOR GRANT FUNDS IN AN AMOUNT NOT TO EXCEED $13,000 MADE AVAILABLE THROUGH THE 2004-2005 COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM; 2) FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS MADE AVAILABLE THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE OPERATION LIBERTY SHIELD REIMBURSEMENT GRANT FUND PROGRAM IN AN AMOUNT NOT TO EXCEED $75,000; AND 3) TWO APPLICATIONS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT, FOR FUNDS AVAILABLE FROM THE EMERGENCY MANAGEMENT AND ASSISTANCE TRUST FUND; ALSO AUTHORIZING THE EXECUTION OF A SUBCONTRACT AGREEMt;:NT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES FOR GRANT FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF $319,714 FOR THE NORTH SHORE PARK AND YOUTH CENTER RENOVATION PROJECT; FURTHER APPROPRIATING THE AFORESTATED GRANTS IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE APPLICATIONS WHEREAS, the Administration requests retroactive approval to apply to the Florida Department of Community Affairs, Division of Emergency Management for grant funds in an amount not to exceed $13,000 made available through the 2004-2005 Community Emergency Response Team Program (CERT); and WHEREAS, the Community Emergency Response Team Program (CERT) provides a structured opportunity for citizens to augment local emergency responsibilities; and WHEREAS, the funds would be used to off-set City costs associated with providing CERT training that is currently coordinated by the Neighborhood Services Department; and WHEREAS, no matching funds are required of this Program; and WHEREAS, the Administration requests approval to submit a grant application in an amount not to exceed $75,000 to the Florida Department of Community Affairs through funds made available from the United States Department of Justice Operation Liberty Shield Reimbursement Program; and WHEREAS, the Program reimburses local law enforcement agencies for overtime costs associated with the heightened security measures implemented during the December 21, 2003 Federal .orange alert"; and WHEREAS, the City of Miami Beach Police Department seeks reimbursement of funds for eligible costs incurred during this period; and WHEREAS, matching funds are not required for this Program; and WHEREAS, the Administration has identified two projects that would enhance the City's Local Mitigation Strategy while expanding the City's emergency management capabilities, and has prepared two applications for submittal to the Emergency Preparedness and Assistance Grant Program; and WHEREAS, the first project would support the creation of an Emergency Operation Center, while the second would enhance the City's efforts in supporting a Reverse 911 Communication System; and WHEREAS, the necessary matching funds have been previously appropriated; and WHEREAS, Florida International University (FlU) has received funding under a grant agreement from the U.S. Department of Housing and Urban Development (HUD), Hispanic-Serving Institutions Assisting Communities Program, to provide funding to a local community-based project; and WHEREAS, the program represents an opportunity for Hispanic-serving colleges and universities to help improve the quality of life in their local communities; and WHEREAS, FlU has entered into a subcontract agreement with the City to provide funds in the amount of $319,714 for the renovation of the North Shore Park and Youth Center Project, which has a large population of low/moderate income families. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize the City Manager or his designee to submit the following grant applications: 1) Florida Department of Community Affairs, Division of Emergency Management for grant funds in an amount not to exceed of $13,000 made available through the 2004-2005 Community Emergency Response Team Program; 2) Florida Department of Community Affairs funds made available through the United States Department of Justice Operation Liberty Shield Reimbursement grant fund program in an amount not to exceed $75,000; and 3) two applications to the Florida Department of Community Affairs, Division of Emergency Management, for funds available from the Emergency Management and Assistance Trust Fund; and be it further resolved that the City Manager is retroactively authorized to execute that subcontract agreement between the City of Miami Beach and Florida International University Board of Trustees for grant funding from the U.S. Department of Housing and Urban Development in the amount of $319,714 for the North Shore Park and Youth Center Renovation Project attached and made a part hereof; and be it further resolved that the funds from the grant which are approved and accepted by the City are appropriated for and to the purposes for which they are granted and the City Manager is authorized to execute all necessary documents related to these applications. PASSED and ADOPTED this 25th day of Februar.Y2004 ATTEST: _~d PtlIvlk CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4 )..... 'J-()'Olf .- CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ ~ Condensed Title: A Resolution Authorizing The City Manager To Apply For And Accept Five (5) Grants. Issue: Shall The City Apply For The Following Five Grants? Item Summa /Recommendation: The Administration Requests Approval To Submit Applications For Grant Funds To The Following Agencies: 1) Florida Department Of Community Affairs, Division Of Emergency Management For Grant Funds In An Amount Not To Exceed Of $13,000 Made Available Through The 2004-2005 Community Emergency Response Team Program; 2) Florida Department Of Community Affairs Made Available Through The United States Department Of Justice Operation Uberty Shield Reimbursement Grant Fund Program In An Amount Not To Exceed $75,000; 3) Two Applications To The Florida Department Of Community Affairs, Division Of Emergency Management, For Funds Available From The Emergency Management And Assistance Trust Fund; And, 4) To Enter Into A Subcontract Agreement Between The City Of Miami Beach And The Florida International University Board Of Trustees For Grant Funding From The U.S. Department Of Housing And Urban Development In The Amount Of $319,714 For The North Shore Park And Youth Center Renovation Project; Further Appropriating The Grants If Approved And Accepted By The City; And Authorizin The Execution Of All Necessa Documents Related To These lications. Advisory Board Recommendation: I N/A Financial Information: Source of Match Amount Match Account Source Funds: []J 1-CERT N1A No Match Required Proaram 2-Operation N1A No Match Required Lib8rtv Shield 3- $300,000 (EOC) Funds were appropriated on 11/29/00 Emergency Resolution #2000-24192 Management & Assistance $50,000 (Reverse No Match Required Fund 911) 4-FIUIHUD $319,714 GO Bond Funds Ci Clerk's Office islative Trackin Judy HoansheltlAlexander Diaz Assistant City Manager City Manager Agenda Item Date C7A- ;).. -J5 -oy CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamlbeachfl. Mayor David Dermer and Date: February 25, 2004 Members of the City Commission Jorge M. Gonzalez ~~ City Manager 0- U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT APPLICATIONS FOR GRANT FUNDS TO THE FOLLOWING AGENCIES: 1) FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT FOR GRANT FUNDS IN AN AMOUNT NOT TO EXCEED $13,000 MADE AVAILABLE THROUGH THE 2004-2005 COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM; 2) FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS MADE AVAILABLE THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE OPERATION LIBERTY SHIELD REIMBURSEMENT GRANT FUND PROGRAM IN AN AMOUNT NOT TO EXCEED $75,000; 3) TWO APPLICATIONS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT, FOR FUNDS AVAILABLE FROM THE EMERGENCY MANAGEMENT AND ASSISTANCE TRUST FUND; AND, 4) TO ENTER INTO A SUBCONTRACT AGREEMENT BE1WEEN THE CITY OF MIAMI BEACH AND THE FLORIDA INTERNATIONAL UNNERSITY BOARD OF TRUSTEES FOR GRANT FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF $319,714 FOR THE NORTH SHORE PARK AND YOUTH CENTER RENOVATION PROJECT; FURTHER APPROPRIATING THE GRANTS IF APPROVED AND ACCEPTED BY THE CITY; AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE APPLICATIONS. ADMI~I~TRATl9N RECOMMENDATION To: From: Subject: COMMISSION MEMORANDUM Adopt the Resolution. ANALYSIS 1. Retroactive approval to apply to the Florida Deoartment of Community Affairs. Division of Emeroency Manaoement for orant flJnds in an amount not to exceed of $13,000.00 made available throuoh the 2004-2005 Gommunity EmerQencv Response Team Proaram. The Community Emergency Response Team (CERT) program provides a structured opportunity for citizens to augment local emergency response activities. Program funds will be used to train people to be prepared for emergency situations that may arise in their communities. CERT members give critical support to first responders in emergency situations. The funds would be used to off-set City costs associated with providing CERT training that is currently coordinated by the Neighborhood Service Department. No match is required to apply; this is the City's third application for funding. 2. Aoproval to applv for arant funds administered bv the Florida Department of Community Affairs made available throuah the United States Deoartment of Justice Ooeration Libertv Shield Reimbursement Qrant fund proaram in an amount not to exceed $75.000. The State of Florida Department of Community Affairs serves as the grant administrator for funds made available through the United States Department of Justice, Operation Liberty Shield Reimbursement program. This program reimburses local law enforcement agencies for overtime costs associated with the heightened security measures implemented during the December 21, 2003 federal code orange alert. Law enforcement agencies who met minimum requirements were eligible for some reimbursement costs; as such, the City of Miami Beach will be submitting a request for funds in an amount not to exceed $75,000 for eligible expenses incurred during the federal orange alert. The City has a five year contract with the funding agency which provides for a streamlined application process. 3. Retroactive approval to submit two applications to the Florida Deoartment of Community Affairs. Division of Emeraencv Manaaement. for funds available from the Emeraencv Manaaement and Assistance Trust Fund. In 1994, the Legislature acted on many of the recommendations made by the Lewis Commission. One of the bills passed by the Florida Legislature, and later signed by the Governor, called for an annual $2.00 per policy assessment on homeowners' insurance policy and an annual $4.00 per policy assessment on business/commercial insurance policies. This bill created the Emergency Management Preparedness and Assistance Trust Fund and declared the Department of Community Affairs as the administrator of the fund. The City of Miami Beach has identified two projects that would enhance the City's Local Mitigation Strategy while expanding the City's emergency management capabilities. To this end, the Administration has prepared two applications for submittal to the Emergency Preparedness and Assistance Grant Program. In providing the necessary match required by the funding agency, the City of Miami Beach will provide proper documentation of expenditures in an amount not to exceed $5,000,000. These funds are associated with costs of constructing Fire Station #2 as recommended in the approved 1999 General Obligation Bond Program. In addition, the City of Miami Beach will use identified Administrative budget resources as potential matches. The projects identified by the Administration are listed below: Project One: Creation of an Emergency Operation Center Estimated Project Costs: $780,000 City Request: $300,000 Maximum Grant Award: $300,000 The allocation of General Obligation Bond dollars has afforded the City with a unique opportunity of creating a true Emergency Operation Center for the City of Miami Beach. The City has approved an amount not to exceed $5,000,000 from the GO Bond program for the construction of a new Fire Station to replace Fire Station # 2. This facility could potentially be designed to serve as an Emergency Operation Center during emergencies. However, additional resources are needed to reinforce the facility and to add additional square footage to accommodate an Emergency Operation Center. A grant in the amount of $300,000 will be requested to assist the City as we move forward with the project. Project Two: Reverse 911 Communication Systems Estimated Project Costs: $80,000 City Request: $50,000 Maximum Grant Award: $50,000 The City Administration has contracted with a reverse 911 provider to service the City of Miami Beach in the event of an emergency or for citywide notices. The reverse 911 system places calls to residents with a scripted pre-recorded message when activated. The system can be used in the event of an emergency, to provide updates with city projects, to advise neighborhoods of potential dangers, to assist in locating a missing person, and for many other factors. The above listed projects are part of the City Local Mitigation Plan, and require additional funding for implementation and completion. The City will submit three applications to the Emergency Management Preparedness and Assistance Trust Fund Grants program. Matching funds for this grant have already been appropriated. 4. Retroactive approval to submit a Subcontract Aareement between the City of Miami Beach and The Florida International University Board of Trustees to the U.S. Department of Housine and Urban Development for fundine in the amount of $319,714 for capital improvements to North Shore Park and Youth Center Renovation Proiect. Florida International University (FlU) has received funding under a grant agreement from the U.S. Department of Housing and Urban Development (HUD), Hispanic-Serving Institutions Assisting Communities Program to provide funding to a local community-based project. The program represents an opportunity for Hispanic-serving colleges and universities to help improve the quality of life in their local communities. As such, FlU has entered into a subcontract agreement with the City to provide these funds for renovation of the North Shore Park and Youth Center Project. The project will serve an adjacent HUD-approved Neighborhood Revitalization Strategy area which has a large population (74%) of low/moderate income families. The scope of work for this project includes: 1) Construction of a Park Concession Facility; 2) Construction of Restroom Building; 3) Renovation of the existing baseball field; and 4) Construction of a Tot lot. The total project cost is estimated at $965,000, of which the baseball field renovation work, valued at $630,000, is already completed and is being used as matching funds. The tot lot is budgeted at a cost of $85,000, a portion of this is being used as matching funds for this grant. The total cost of the concession and restroom building is budgeted at $250,000. In total, the City has already matched this grant with funds in the amount of $645,286. The Subcontract agreement will be submitted for review and final approval by the US. Department of Housing and Urban Development. In conclusion, the dministration recommends that the Mayor and City Commission authorize th Cit nager or his designee to seek the aforementioned grant funding. JMGIMD/JH/ T:\AGENDA\20 - - SUBCONTRACT BETWEEN CITY OF MIAMI BEACH AND TlIE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES Subcontract No. This subcontract entered into between City of Miami Beach, (hereinafter "Subcontractor"), and The Florida International University Board of Trustees (hereinafter "FlU"), to conduct the work related to the project entitled "North Shore Park and Youth Center" (hereinafter, the "Project") funded by the U.S. Department of Housing and Urban development (the "Sponsor") to FlU under Grant Agreement number HSIAC 99-FL-17. FlU and Subcontractor shall hereinafter be referred to collectively as the "Parties". WITNESSETH: WHEREAS, FlU desires to engage and retain the services of Subcontractor and Subcontractor desires to accept such engagement. NOW THEREFORE, in consideration of the foregoing and mutual promises, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I. PERIOD OF PERFORMANCE This subcontract shall become effective on the last date signed, and shall tenninate on January 31, 2005 ("Project Period"). Performance may be extended and/or renewed for additional periods by the mutual written agreement of the Parties. Renewal shall be contingent upon satisfactory performance evaluations by the Sponsor and subject to the availability of funds. II. PROJECT ADMINISTRATOR All questions concerning administration of this subcontract should be addressed to: FOR FlU: Patricia Alvarez Director Division of Sponsored Research & Training Florida International University University Park Campus/PC539 Miami, Florida 33199 Phone: (305) 348-2494 Fax: (305) 348-4117 FOR SUBCONTRACTOR: Jorge M. Gonzalez City Manager City of Miami Beach, 1700 Convention Center, Miami Beach FL.33139 Phone: 305-673-7010 Fax: 305-673--7782 - ,- III. PROJECT DIRECTOR FOR FIU: FOR SUBCONTRACTOR: Harlan Sands Executive Director Hemispheric Center for Environmental Technology At FIU 10555 West Flagler Street, S2100 Miami, FL 33174 Phone: 305-348-1752 Fax: 305-34-5018 Judy Hoanshelt Grants Manager City of Miami Beach 1700 Convention Center City of Miami Beach, Fl 33139 Phone: 305-673-7:115'2 ,0 to Fax:__305-673-7782 I IV. STATEMENT OF WORK Specific Responsibilities of Subcontractor will be found in the attached Statement of Work (Appendix A hereto). V. ALLOCATION OF FUNDS 1. Funds provided for Subcontractor's involvement in this project shall not exceed $ 319,714.00 per the budget attached hereto as Appendix B. This is a cost reimbursable contract. 2. Subcontractor shall invoice FlU as appropriate. Payment to the Subcontractor shall be made in U.S. funds, via check or state warrant. 3. The funds provided under this subcontract may not be expended for the purpose of lobbying the Florida Legislature or a State of Florida agency. 4. Subcontractor is subject to OMB Circular A-133 must submit a detailed invoice for payment including a description of the services provided, items purchased, dates and amounts. Subcontractor must submit supporting documentation for all travel expenses together with the detailed invoice. Reimbursement for travel expenses must be in accordance with Fla. Stat. Section 112.061 except that reimbursement for travel expenses incurred by non-state of Florida personnel traveling under a subcontract agreement may be in accordance with the provisions of the applicable prime contract or grant. FIU reserves the right to request supporting documentation for any other or all items listed on Subcontractor's invoices. Subcontractor shall retain supporting documentation for all invoices submitted to FlU for a period of five (5) years. 5. When invoicing FlU, Subcontractor must send the supporting documentation listed above, together with the detailed invoice to FlU. FlU cannot pay Subcontractor without the required supporting documentation. 6. Invoice for payment, together with required supporting documentation for the invoices 2 -. -- charges, should be sent to: Harlan Sands, Project Director. 10555 W. Flagler, Room 2100, Miami, FL 33174, and will be reimbursed within 60 days of receipt of the invoices. VI. REPORTING PROCEDURES Technical Reports - Subcontractor shall maintain clear and accurate records of the work conducted throughout the project period so that FlU Project Director may readily evaluate the progress of the study at any time, Subcontractor shall submit two partial progress reports by: June 30, and December 31, 2004. Also, a final fiscal report of expenditures is required upon expiration of the subcontract. VII. REGULATORY DATA The Sponsor has awarded the prime contract to FlU, and this Subcontract is contingent to the Sponsor approval of the terms of the Subcontract. A copy of the prime contract is attached and incorporated as Appendix C (the "Prime Contract"). All grant administration and regulatory data required by the Prime Contract shall be applicable to this subcontract as appropriate. All conditions embodied in the Prime Contract shall become binding upon Subcontractor. Subcontractor assumes sole responsibility for reimbursement to the Sponsor of any expenditures disallowed should the Sponsor or an authorized agency rule, through audit exception, or by some other appropriate means, that expenditures from funds allocated to Subcontractor for direct and/or indirect costs were not made in compliance with the regulations of the Sponsor, the granting agency or the provisions of this subcontract. VIII, INDEPENDENT CONTRACTORINO CONFLICT OF INTEREST The officers, employees and agents of Subcontractor shall not be considered the officers, employees or agents of FlU for purposes of accomplishing the work to be performed under this Subcontract or for any other purpose. Subcontractor is furnishing its services hereunder, as an independent contractor and nothing herein shall create any association, partnership or joint venture between the parties to this subcontract or any employer-employee relationships. Nothing in this agreement shall be deemed to affect the rights, privileges and immunities afforded The FlU Board of Trustees, the Florida Board of Education and the State of Florida by law. The Subcontractor certifies that, to the best of its knowledge, there is no perceived or apparent conflict of interest related to the work to be performed under this subcontract. IX. SUBCONTRACTOR'S RESPONSIBILITY Subcontractor shall be responsible for its performance under this subcontract. X. TERMINATION XI. 3 - --. A. Termination at Will: If FlU's grant should be terminated during the performance of this subcontract, or should the grant funding for support be deleted or reduced, flU may, by written notice to Subcontractor, terminate this subcontract. This agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. B. Termination for Breach: Unless Subcontractor's breach is excused by FlU in writing, FlU may, by written notice of breach transmitted to Subcontractor by certified mail return receipt requested to the parties designated by Subcontractor in Articles II and III and if Subcontractor fails within 30 days after notice, to cure such alleged breach, or, if cure cannot be accomplished within 30 days to commence said cure and prosecute same continuously to completion, FlU may terminate the whole or any part of this subcontract, upon 72 hours written notice of termination. Subcontractor may, if feasible, continue the performance of this subcontract to the extent not terminated under the provision of this clause. C. Non-Waiver/Notices: Failure by either Party to insist upon strict performance of any of the provisions of this subcontract, or either Party's failure or delay in exercising any rights or remedies provided herein or by law, shall not be deemed a waiver of any rights of either Party to insist upon strict performance hereof or of any of either Party's rights or remedies under this contract or law, and shall not operate as a waiver of any of the provisions hereof or as a modification of the terms of the subcontract. Any notice required by this subcontract shall be delivered by Certified Mail, return receipt requested, by facsimile transmission, or in person. D. Termination Arrangements: After receipt of a notice of termination and except as otherwise directed by FlU, Subcontractor shall: a. Handle all FlU property as directed by flU. b. Prepare all necessary reports and document required under the terms of the subcontract up to the date of termination, including the final report due at the end of the project. Regardless of reasons for the termination, flU shall compensate Subcontractor for actual costs incurred at the time of termination less any amount due FlU as set-offfor any damages. 4 - - caused by Subcontractor should the termination of this subcontract have been caused by Subcontractor's breach. XI. MODIFICATION This subcontract may only be changed or modified by an amendment executed by the Parties in the same fashion as the original. XII. APPLICABLE LAW The Parties' rights, obligations and remedies under this subcontract shall be interpreted and governed in all respects by the laws of the State of Florida. The Parties consent to the sole and exclusive jurisdiction of the courts of the State' of Florida in connection with any dispute arising out of this subcontract and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Miami-Dade County, State of Florida XIII. SUPPLEMENTAL PROVISIONS Subcontractor agrees to the provisions set forth in Appendices E and F attached hereto and incorporated herein. XIV. COMPLETE AGREEMENT This subcontract is intended as the complete and exclusive statement of the agreement between the Parties. Parole or extrinsic evidence shall not be used to vary or contradict the express terms of this subcontract, and recourse may not be had to alleged dealings, usage of trade, course of dealing, or course of performance to explain or supplement the express terms of this subcontract. All appendices to this subcontract are incorporated as if set out fully herein. In the event of any inconsistency(ies) or conflict(s) between the language of this subcontract and the attachments hereto, the language of such attachments shall be controlling but only to the extent of such conflict(s) or inconsistency(ies). IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective duly authorized officers. The Florida International University Board of Trustees City of Miami Beach ~=~ Nl~~,~~:6 Director, Division of Sponsored Title: City Manager Research & Training City of Miami Beach Florida International UniversitJs.PPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 5 /)j, J:1{iJ, 111 ' J_ - '{_()L(