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RESOLUTION 89-19768 RESOLUTION NO. 89-19768 A RESOLUTION OF THE CITY COMNIISSION 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 COMMIISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT WHEREAS, the Local Government Comprehensive Planning and Land Development Act, Chapter 163, Part II, 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 COMNIISSION 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 grant(s), when made, with a copy of said Agreement(s) to be made part of this resolution. BE IT FURTHER RESOLVED BY THE CITY COMIlVIISSION 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 • tober 989. MAYOR ATTEST: FORM APPROVED LEGAL DEPT. B 44 -, al6- 1CI Y CLERK /0 / g7 Date JK\SRP\ibm a:hsp\dcagrant APPLICATION FOR LOCAL GOVERNMENT LAND DEVELOPMENT REGULATION ASSISTANCE FUNDS TO BE SUBMITTED TO: Bureau of Local Planning Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 I . GENERAL INFORMATION (To be completed by all applicants. ) a. Local Government: City City of Miami Beach (Municipalities: Please indicate county location) County Dade b. Address: 1700 Convention Center Drive City: Miami Beach, Florida Zip: 33139 c. Chief Elected Official : Alex Daoud, Mayor d. Name of official to receive state warrant: Jud Kurlancheek, Planning and Zoning Division Address: 1700 Convention Center Drive City: Miami Beach, Florida Zip: 33139 e. Local contact person (not a consultant) Jud Kurlancheek Title: Planning And Zoning Director Address: 1700 Convention Center Drive City: Miami Beach, Florida Zip: 33319 Telephone: (305) 673-7550 f. Federal ID Number: 59600372 g. Required land development regulations adoption date, pursuant to Section 163 . 3202 , Florida Statutes, and Rule Chapter 9J-12 , Florida Administrative Code, : September 1 , 1929 II . CERTIFICATION (To be completed by all applicants. ) The applicant certifies that, to the best of his/her knowledge, theta in this ap,• ication are true and correct, and the fil ' -g of .,e a? ►,ication as been requested by the governing Y 4li# bod he /0//9/(1 • ature • IChief Electe• Official Date PM/LP(8/89 FORM APPROVED LEGAL DEPT. • By 7:r4 'W.t6LI ATTEST: Date VY/,, "'f7C.L.( .tie. A 1—: ,,—(-,A ,,, City Clerk 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 9J-29 . 005 (2) (e) , F.A.C. the LDRs are consistent with and implement the adopted comprehensive plan, as required by s. 163 . 3202 (1) , F.S. 2 . Copy of adopted land 9J-29 . 005 (2) (d) , F.A.C. development regulations. 3. Certified copy of 9J-29 . 005 (3) , F.A.C. ordinance adopting land development regulations. RPM/LP(8/89) . III . SUBCONTRACTOR INFORMATION (To be completed only by applicants whose land development regulations are due after December 1, 1989 . ) Will work be subcontracted? Yes No X The Department must be forwarded a copy of all subcontracts within 10 days after their execution. IV. BUDGET (To be completed only by applicants whose land development regulations are due after December 1, 1989 . ) Please identify the approximate dollar expenditures for each of the categories below. Salaries $50 , 610 Consultant Fees Expenses 12 , 665 Travel Overhead 12 , 036 Other (specify) TOTAL: $75 , 311 Please be aware that these funds cannot be used for capital purchases. Any mileage reimbursement should not exceed $. 20/mile. V. REQUEST FOR ADVANCE PAYMENT (To be completed only by applicants whose land development regulations are due after December 1, 1989 . ) Is an advance payment requested? (No greater than 25% of total allocation) . Yes Amount Not Applicable No If yes, please attach justification for the advance, describing the necessity and the proposed use of the advance payment. RPM/LP(8/89) eeti. Niame Fead FLORIDA 3 3 1 3 9 INCORPORATED)* "V A CA TIONL A ND U. S. A. OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. ,J T, October 18, 1989 DATE: TO: Mayor Alex Daoud and Members.of the City Commission FROM: Rob W.Firkins City Manager SUBJECT: A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN APPLICATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR $75,311 IN LOCAL GOVERNMENT LAND DEVELOPMENT REGULATION ASSISTANCE PROGRAM FUNDS,ADOPTING A SPECIAL REVENUE FUND BUDGET AND APPROPRIATING FUNDS FOR FY 1989\90. The Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, Part II, Florida Statutes) requires that the City revise and adopt land development regulations which implement the adopted Comprehensive Plan. Based upon a population formula, the State legislature has allocated $7,403,000 to local governments to prepare the regulations, as specified in Rule 9J-29, F.A.C. On September 22, 1989, the State Department of Community Affairs (DCA) notified the City of Miami Beach that it has been tentatively allocated a $75,311 grant under the formula, pending receipt of a completed grant application by October 30, 1989. The grant funds will be used for salaries and fringe benefits for two staff persons in the Planning and Zoning Department and operating expenses related to the preparation of the regulations. The FY 89\90 City budget anticipated this source of funds and, as such, is reflected in the Planning and Zoning Department budget for this year. Administration Recommendation The Administration recommends that the City Commission adopt the attached resolution authorizing the grant application to DCA, adopting a special revenue fund budget, and appropriating these funds for FY 1989\90. RWP\JK\SRP a:dcaldr 16 AGENDA \ r) ITEM - L) DATE 1 5 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 II, 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. 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 ofChapter 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 requiredunder 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 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 of 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 contract is Jud Kurlancheek 4 (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: ,62/4J14 Name and Title Ahp RPsnirk uirp Mayor Attest: Date. . Witness City Clerk STATE OF FLORIDA DEPARTMENT •1 • I TY AFFAIRS BY: #. Name and Title Paul R. Bradshaw, Director Date December 20 , 1989 5 o ORIGINAL 1, 1;4 °6 0'P RESOLUTION - NO. 89 19768 Authorizing and directing the execution and delivery of an application to the Florida Department of Comunity Affairs for local government land development regula- tion 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.