RESOLUTION 91-20298 RESOLUTION NO. 91-20298
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR A FIVE HUNDRED
THOUSAND DOLLAR {$500,000) GRANT FOR AN ENTERPRISE
ZONE SAFE NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECT
IN SAFE NEIGHBORHOOD DISTRICT NO. 1 FOR A STREET-
SCAPE PROJECT, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE EXTENDED DATES FOR THE PROJECT TIME TABLE
AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE THE GRANT AGREEMENT
WHEREAS, the 1990 Legislature of the State of Florida
appropriated $500, 000 in Specific Appropriation Number 2223D for
Enterprise Zone Safe Neighborhood Capital Improvement projects; and
WHEREAS, the Legislature has informed the Department of
Community Affairs 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; and
WHEREAS, the City on September 5, 1990 passed Resolution No.
90-20077 accepting the $500, 000 Grant; and
WHEREAS, the City Commission wishes to authorize the City
Manager to negotiate extended dates for the project time table set
forth in Exhibit C to the Grant Agreement; 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, 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
Community Affairs for a Five Hundred Thousand Dollar ($500, 000)
Grant for an Enterprise Zone Safe Neighborhood Capital Improvement
Project in Safe Neighborhood District No. 1 for a Street-scape
Project, that the City Manager is authorized to negotiate extended
dates for the Project Time Table (Exhibit C) and that the Mayor
and the City Clerk are authorized to execute the Grant Agreement.
PASSED and ADOPTED this 22nd day of May , 1991.
ATTEST:
City Clerk ayor
C:\RESOLUTIONS\NEIGHBOR.SAF
PNB:Im
FORM APPROVED
LEGAL DEPT.
Date '‘:/2 /9,
2 •
CONTRACT NO:
GRANT AGREEMENT
This agreement is entered into between the Florida
Department of Community Affairs, hereinafter referenced as the
"Department" , and the City of Miami Beach, hereinafter referenced
as the "Recipient" .
WHEREAS, the 1990 Legislature of the State of Florida
appropriated $500, 000 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 $500, 000 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.
2 . The State of Florida's performance and obligation to pay
under this agreement is contingent upon an annual appropriation
by the Legislature and the necessary funding authority.
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
1.
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. X No advance payment is required.
2 . An advance payment of $ 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.
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 in
1
writing when such changes are made.
6. The Recipient agrees that all bills for travel
expenses shall be submitted in accordance with Section 112 . 061,
Florida Statutes.
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
2
submission of the financial and narrative reports required under
this agreement.
8 . This agreement shall iiegin 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 January 31, 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
$500, 000 for the satisfactory completion of all work performed
according to the terms of this agreement. Payment shall be made
as follows:
(A) A payment of $250, 000 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
3
the full amount of the advance payment made to the
Recipient hereunder.
(B) A payment of $250,000 w l i l 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.
(C) Availability of funds may be altered pursuant to
the March 25, 1991, Revenue Estimating Conference.
13 . (A) 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 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 for Breach of Contract
Unless the Recipient's breach of this agreement is
waived by the Department in writing, the Department
may, by written notice of breach to the Recipient,
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 to the address set
forth below. 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.
(C) Termination for Refusal to Allow Access to Records
The Department of Community Affairs reserves the
4
right to unilaterally cancel this agreement for the
Recipient'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 Recipient in
conjunction with this agreement.
14 . Notice and Contact
(A) The Representative of the Department responsible
for the administration of this agreement is
Lynn Ekholm, Director of Administrative Services
2740 Centerview Drive
Tallahasee, Florida 32399-2100
(B) The Representative of the Recipient responsible for
the administration of this agreement is
Richard Gatti , Director Public (title)
Works Department
City of Miami Beach
1700 Convention Center Dr. Miami Beach,Fl.(address) .
33139
(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 pf this agreement.
15. All Terms and Conditions Included
This written agreement contains all the terms and
conditions agreed upon by the parties.
In WITNESS WHEREOF, the parties have caused this five page
agreement to be executed by their undersigned officials as duly
authorized. •
City of Miami Beach Department of Community Affairs
Name Alex Daoud Name
Title Mayor Title
Date May 23, 1991 Date
FORM APPROVED
LEGAL DEPT.
5
5/0/x'/
ATTACHMENT A
SCOPE OF WORK
Recipient: City of Miami Beach
'disc ' • '01 o • o ' -C .
The scope of workfor 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.
S•ec ' . c ict 'v ' •e. '. e•
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.
1
• ATTACHMENT B
Budget for Miami Beach "Streetscape" Project
RECIPIENT:T 'r Qf Miami hh
, _ ,
DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT
6"X 18" CURB (MEDIAN) LF 12.50 1020 . . 12,750.00
SOD & TOP SOIL SF 1.10 5900 6,490.00
12" STABILIZED SUBGRADE SY 2.50 7478 18,695.00
12" LIME ROCK BASE SY 14.507478 108,431.00
r
r ASPHALT CONC. SY 4.7S 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
4
DRAINAGE SYSTEM LS 24000.00 1 24,000.00
LIGHT POLES DOUBLE MAST EA 2200.00 7 15,400.00
LIGHT POLES SINGLE MAST EA 2100.00 14 29,400.00
STREET LIGHT CONDUIT LF 10.50 2915 30,607.50
; .4 ....
TREES LS 23202.00 1 23,202.00
4
IRRIGATION SF 1.50 8194 12,291.00
I
TESTING LS 2450.00 1 2,450.00 '
.
RELOCATION & ADJUSTMENT OF LS 39000.00 1 39,000.00
UTILITIES
$402,561.SO
SUBTOTAL
ENGINEERING, DESIGN & SURVEY .15 $ 60,384.23
CONTINGENCIES . .10 $ 40,256.15
TOTAL : 503,201.88
I
ATTACHMENT C
PROJECT TIME TABLE
Recipient: The City of Miami Beach
Activity Stark D@te 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 Is 8/1/91
contractor(s) . Contractor(s)
will obtain bonds, provide
insurance, documentation. City
and contractor execute contract.
5. City issue notice to if 8/1/91
proceed.
6. Construction. 8/1/91 11/22/91
ORIGINAL
RESOLUTION NO. 91-20298
Approving a grant agreement between the
City of Miami Beach and the Florida
Department of Community Affairs for a five
hundred thousand dollar ($500,000) grant
for an enterprise zone safe neighborhood
capital improvement project in Safe
Neighborhood District No. 1 for a
streetscape project, authorizing the City
Manager to negotiate extended dates for
project time table and authorizing the
Mayor and the City Clerk to execute the
grant agreement.
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