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.
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-MAYOR,
ATTEST:
-iZea-1-5-1:1 6-) / [0 i4%M APPROVED
CITY CLERK LEG/\L
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Date ____ _/____6 -..,�
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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
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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.
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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.
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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
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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.
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(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.
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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 $
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&,tii CLI� FORM APPROVED
LEGAL DEPT.
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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)