2000-24850 RESO IncompleteRESOLUTION NO, 2000-23850
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO SUBMIT AN APPLICATION TO THE
SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP,
ON BEHALF OF THE MIAMI BEACH REDEVELOPMENT AGENCY, FOR
A GRANT, IN THE AMOUNT OF $25,000, WITH A MATCHING
CONTRIBUTION BY THE REDEVELOPMENT AGENCY OF $25,000,
FROM TAX INCREMENT FUNDS, FOR THE USE OF AN
ENVIRONMENTALLY INNOVATIVE SOIL MIXTURE IN THE SOUTH
POINTE STREETSCAPE IMPROVEMENT PROGRAM; AND TO
APPROPRIATE THE FUNDS, IF AWARDED.
WHEREAS, its environment and natural resources are the foundation of the City of
Miami Beach's unique, urban quality of life; and
WHEREAS, the Miami Beach Redevelopment Agency promotes the sustainable economic
and social well-being of the City; and
WHEREAS, the South Florida -Urban Resources Partnership, a local component of the United
States Department of Agriculture, was initiated in 1994 to assist urban South Florida communities
in improving and protecting their natural resources; and
WHEREAS, the City, on behalf of the Miami Beach Redevelopment Agency, requests a
$25,000 grant from the South Florida -Urban Resources Partnership for the use of an innovative soil
mixture in the South Pointe Streetscape Improvement Program; and
WHEREAS, the Miami Beach Redevelopment Agency, on behalf of the City, will provide a
matching contribution of $25,000, from tax increment funds;
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 of Miami Beach, Florida authorize the City Manager, or his designee, to submit an
application to the South Florida -Urban Resources Partnership, on behalf of the Miami Beach
Redevelopment Agency, for a grant, in the amount $25,000, with a matching contribution by the
Redevelopment Agency of $25,000, from tax increment funds, for the use of an environmentally
innovative soil mixture in the South Pointe Streetscape Improvement Program; and to appropriate
the funds, if awarded.
PASSED and ADOPTED this 12th day of April, 2000.
MAYOR
ATTEST:
rahot au,
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
r(i/dU
Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:fti. miami-beach.fl. us
COMMISSION MEMORANDUM NO. 263-®
TO: Mayor Neisen O. Kasdin and DATE: April 12, 2000
Members of the City Commission
FROM: Lawrence A. Levy
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO SUBMIT AN APPLICATION TO THE
SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP,
ON BEHALF OF THE MIAMI BEACH REDEVELOPMENT AGENCY, FOR
A GRANT, IN THE AMOUNT OF $25,000, WITH A MATCHING
CONTRIBUTION BY THE REDEVELOPMENT AGENCY OF $25,000,
FROM TAX INCREMENT FUNDS, FOR THE USE OF AN
ENVIRONMENTALLY INNOVATIVE SOIL MIXTURE IN THE SOUTH
POINTE STREETSCAPE IMPROVEMENT PROGRAM; AND TO
APPROPRIATE THE FUNDS, IF AWARDED.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The South Florida -Urban Resources Partnership (SFURP) was initiated in 1994 to assist urban South
Florida communities in improving and protecting their environment through innovative partnership,
linking people, government, and resources. As a local component of the United States Department
of Agriculture, the SFURP administers funds from the National Resources Conservation Service as
authorized by the Soil and Domestic Allotment Act of 1935.
On behalf of the Miami Beach Redevelopment Agency, the City seeks $25,000, the maximum
available grant funds, from SFURP to defray costs related to using a new soil mixture for this portion
of the South Pointe Streetscape Improvement Program. The paving that surrounds urban street trees
normally does not allow sufficient water or air to permeate to the tree roots. The new soil mixture
will meet or exceed pavement design and installation requirements while remaining penetrable to
roots, air and water, thus facilitating the long-term survival of the live oaks proposed for this project.
The SFURP requires a dollar for dollar local match for its programs. The hardscape and softscape
funds of the Phase I budget of the South Pointe Streetscape Improvement Program total over $1
million and adequately meet this requirement.
The Administration recommends that Mayor and the City Commission adopt the resolution.so�
AGENDA ITEM C1 / tI
LAL:C `C:AR\sk
L1QIGIMOENDAUODIMPRILMCONSENnSOLLtily mmndoc
DATE
EXHIBIT 1
SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP
(SFCURPI
GRANT MEMORANDUM OF AGREEMENT
This agreement, made and entered into this 1 day of F b(MQ (4 ,
200 (Effective Date) by and between the BROWARD SOIL AND WATER CONSERVAITION
DISTRICT on behalf of the SOUTH FLORIDA COMMUNITY -URBAN RESOURCES
PARTNERSHIP, hereinafter called the "SFCURP/BSWCD" and City of Miami Beach, hereinafter
called the Sub -grantee (Sub -recipient).
WITNESSETH
WHEREAS, the SFCURP/BSWCD desires to increase the principles of ecosystem
restoration and the conservation of natural resources by granting funds to the Sub -grantee (Sub -
recipient) for the purpose as outlined in Grant Project Number 9999=34, included herein as Exhibit "A"
and by reference made a part hereof:
WHEREAS, the SFCURP/BSWCD and the Sub -grantee (Sub -recipient) are of the opinion
that the citizens of the State of Florida would benefit from the implementation of environmental
Projects that improve our communities natural resources and assist with ecosystem restoration;
WHEREAS, the BSWCD is acting as the cooperating Local Agency for the USDA -Natural
Resources Conservation Service SFCURP Initiative.
WHEREAS, the SFCURP/BSWCD has awarded the Sub -grantee (Sub -recipient) a South
Florida Community -Urban Resources Partnership (SFCURP) grant for the specific Project set forth
in the SFCURP Grant Project Number 99-34, hereinafter the "Project";
WHEREAS, the Sub -grantee (Sub -recipient) by Resolution No. 2000-23850 -dated
April 12, 2000 - has indicated its support of the grant Project and authorized its officers
to execute this Agreement on its behalf;
WHEREAS, the parties hereto mutually recognize the benefits of such a Project as described
in the SFCURP/BSWCD Grant Project and the need for entering into an agreement designating and
setting forth the responsibilities of each party;
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the
other herein and in Exhibit "2", the Grant Maintenance Memorandum of Agreement, the parties
covenant and agree as follows:
1. Failure by the Sub -grantee (Sub -recipient) to sign and return this agreement by September
18. 2000 may constitute forfeiture of the award.
2. The Effective Date of this agreement isF.e h t4Arifi , 20J•
3. The Sub -grantee (Sub -recipient) shall complete the Project within the date contained
herein as set forth in the South Florida Community -Urban Resources Partnership Grant Project
F:\BSWCD\SFCURP Projects \SFCURP_BSWCD Grant & Maintenance MOAdoc
99-34 - Landscape Soil Support -South Pointe
1
Number 99-34 approved by the SFCURP/BSWCD during which time the grant shall continue in
effect. The criteria for the Project is set forth herein. The final date by which such criteria must be
met for completion of this agreement is twelve (12) months from Effective Date.
The Project to be performed by the Sub -grantee (Sub -recipient) shall be subject to periodic
inspections by the SFCURP/BSWCD and/or the SFCURP Federal Support Team and/or their
assignees. The Sub -grantee (Sub -recipient) shall not change or deviate from the Project without
prior written approval by the SFCURP/BSWCD.
4. The Sub -grantee (Sub -recipient) has estimated the Project cost to be $10.000.00 as shown
on the grant Project budget sheets attached as Exhibits "A" and "B". The SFCURP/BSWCD agrees
to reimburse to the Sub -grantee (Sub -recipient) the total sum of $5,000.00 or fifty percent (50%)
of the final approved Project costs, whichever is less (the "Grant Amount"). The Grant Amount is
limited to only those items which are directly related to this Project as described in Exhibits "A" and
"B". Project costs incurred prior to the Effective Date of this agreement are ineligible for
reimbursement. To assist the Sub -grantee (Sub -recipient) with the initial three (3) months of
implementation, the SFCURP/BSWCD may make an advance of no more than 25 percent of the
grant award. The Sub -grantee (Sub -recipient) must request the advance payment in writing using
forms provided by the SFCURP/BSWCD. Funds provided as an advance payment must be placed
in a non-interest bearing account. Only one advance payment will be made, thereafter,
disbursements will be made on a reimbursement basis. No more than 75 percent of the Grant
Amount will be paid to the Sub -grantee (Sub -recipient) prior to Certification of Acceptance by the
SFCURP/BSWCD. The final payment shall not be made until Certification of Acceptance is
received from the SFCURP/BSWCD. For installed plant materials, a sixty (60) day grow -in -period
will be required after Project completion. Certification of Acceptance by the SFCURP/BSWCD
may be requested sixty (60) days after Project completion. Upon receipt of the Certification of
Acceptance, the Sub -grantee (Sub -recipient) may submit an invoice for final payment.
(a) Two or more verbal quotes are required for all purchases, expenditures
exceeding $1,000.00 and up to $5,500.00. A minimum of three written
quotes or a formal bid process is required for all purchases/expenditures
exceeding $5,500.00 and not greater than $15,000.00. Sealed bids are
required for all purchases exceeding $15,000.00. Justification must be
provided for a sole source award or for an award to a vendor other than the
vendor submitting the lowest bid or quote.
(b) Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre -audit and post -audit thereof,
and bills for travel expenses specifically authorized by this Agreement shall
be submitted and paid in accordance with the rates specified in Section
112.061, Florida Statutes.
(c) Records of costs incurred under terms of this Agreement shall be maintained
and made available upon request to the SFCURP/BSWCD at all times during
the period of this Agreement and for three years after final payment is made.
Copies of these documents and records shall be furnished to the
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99-34 - Landscape Soil Support -South Pointe
SFCURP/BSWCD upon request. Records of costs incurred include all
records of the costs of the Sub -grantee (Sub -recipient) and subcontractors
considered necessary by the SFCURP/BSWCD for a proper audit of the
Proj ect.
(d) A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for Demonstrated or
Site Specific Projects, for a period of 36 months from the date of being
placed on the convicted vendor list.
5. The Sub -grantee (Sub -recipient) agrees to maintain plant materials established as a
part of the Project for a period of three years and enter into an agreement which designates and sets
forth the duties and responsibilities of the parties in maintaining the Project.
6. The Sub -grantee (Sub -recipient) agrees to submit to the SFCURP/BSWCD an
interim report on Project accomplishments within six (6) months of Effective Date and a fmal report
summarizing Project accomplishments as a prerequisite to final acceptance by the
SFCURP/BSWCD. Failure to submit a required report or submission of an unsatisfactory report
is sufficient grounds for termination of this agreement according to the provisions of Section 7(b).
The Sub -grantee (Sub -recipient) upon Project completion shall submit a news release to local
newspaper and other media highlighting the successes of the Project.
7. This Agreement may be terminated under any one of the following conditions:
(a) By the SFCURP/BSWCD, unilaterally, for refusal by the Sub -grantee (Sub -recipient)
to allow public access to all documents, papers, letters, or other material subject to
Chapter 119, F.S. and made or received by the Sub -grantee (Sub -recipient) in
conjunction with this Agreement.
(b) By the SFCURP/BSWCD, if the Sub -grantee (Sub -recipient) fails to perform its
duties under this Agreement, following thirty (30) calendar days written notice by
the SFCURP/BSWCD.
(c) By either party following sixty (60) calendar days written notice.
(d) By both parties following the complete execution by both parties of an agreement
to terminate this Agreement.
(e) Notice to Sub -grantee (Sub -recipient): The SFCURP/BSWCD shall consider the
employment by any Sub -grantee (Sub -recipient) of unauthorized aliens a violation
of section 274A(e) of the Immigration and Nationalization Act. Such violation shall
be cause for unilateral cancellation of this agreement.
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99-34 - Landscape Soil Support -South Pointe
8. Notwithstanding any provision of this Agreement to the contrary but subject to
Subparagraph 7(b), in the event this Agreement is terminated before the SFCURP/BSWCD has paid
the Sub -grantee (Sub -recipient) the entire Grant Amount, then the SFCURP/BSWCD agrees to pay
the Sub -grantee (Sub -recipient) the entire Grant amount, if the Project has been completed. If the
Project has not been completed, the SFCURP/BSWCD shall pay to the Sub -grantee (Sub -recipient)
a percentage of the Grant amount equal to the percentage of the Projects completion.
9. Extension of a contract for contractual services shall be in writing for a single period
only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in
the initial contract. There shall be only one extension of a contract unless the failure to meet the
criteria set forth in the contract for completion of the contract is due to events beyond the control
of the Contractor. If initially competitively procured, contracts for contractual services may be
renewed on a yearly basis for no more than two (2) years, or for a period no longer than the original
contract, whichever period is longer. Renewal of a contract for contractual services shall be in
writing and shall be subject to the same terms and conditions set forth in the initial contract.
Renewals shall be contingent upon satisfactory performance evaluations by the SFCURP/BSWCD.
10. As applicable under Florida Statute 768.28, the Sub -grantee (Sub -recipient)
covenants and agrees that it will indemnify and hold harmless the SFCURP/BSWCD and all of the
SFCURP/BSWCD officers, agents and employees from any claim, action, neglect or omission by
the Sub -grantee (Sub -recipient) during the performance of the Agreement, whether direct or
indirect, and whether any person or property to which the SFCURP/BSWCD or said parties may
be subject, except that neither the Sub -grantee (Sub -recipient) nor any of its sub -contractors will
be liable under this paragraph for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of the SFCURP/BSWCD or any of its officers,
agents or employees.
11. The Sub -grantee (Sub -recipient) certifies that neither it or its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for
participation in this grant program by any Federal department or agency.
12. This Agreement, together with any Maintenance Agreement, if executed, embodies
the entire agreement and understanding between the parties hereto and there are no other agreements
or understandings, oral or written, with reference to the subject matter hereof that are not superseded
hereby.
13. This Agreement may not be assigned or transferred by the Sub -grantee (Sub -
recipient), in whole or in part without the prior expressed written consent of the SFCURP/BSWCD.
14. This Agreement, regardless of where executed, shall be governed by and construed
in accordance with the laws of the State of Florida.
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99-34 - Landscape Soil Support -South Pointe
15. All notices, demands, requests or other instruments shall be given by depositing the
same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by
telex (FAX) or telegram:
(a) If to the SFCURP/BSWCD, address to Russell M. Setti, SFCURP Regional Director,
South Florida Community -Urban Resources Partnership, Inc., USDA Service Center,
6191 Orange Drive, Suite 6183Q, Davie, Florida 33314 or at such other address the
SFCURP/BSWCD may from time to time designate by written notice to the Sub-
grantee (Sub -recipient) voice: (954) 792-1984 or fax: (954) 792-3996;
(b) If to the Sub -grantee (Sub -recipient) addressed to:
or at such other address as the Sub -grantee (Sub -recipient) from time to time
designates by written notice to the SFCURP/BSWCD. All time limits provided
hereunder shall run from the date of receipt of all mailed notices, demands, requests
and other instruments, or from the date telexed or faxed.
16. Time is of the essence for this agreement.
17. This contract, which disburses grants and aids appropriations, is subject to the
requirements of Section 216.347, Florida Statutes, and the Sub -grantee (Sub -recipient) is therefore
not allowed to expend any funds received through this contract for the purpose of lobbying the
Florida Legislature, the SFCURP/BSWCD, the Judicial Branch, or any other state agency. This
contract, which disburses grants and aids appropriations, is subject to the requirements of Section
216.349, Florida Statutes, which are:
(a) The SFCURP/BSWCD and the Comptroller before disbursing any funds must
independently ensure that the proposed expenditure is in accordance with all legal
and regulatory requirements and that this contract specifically prohibits the use of
funds for the purpose of lobbying the Legislature, the SFCURP/BSWCD, the
Judicial Branch, or any state agency.
(b) If the Sub -grantee (Sub -recipient) is a local government agency, nonprofit
organization, or not-for-profit organization it shall: (I) for amounts $25,000 or less,
have its head attest that it has complied with grant provisions, (ii) for amounts
greater than $25,000 but not more than $100,000 have a grant -specific audit
performed in accordance with the rules of the Auditor General or have a statement
prepared by an independent certified public accountant which attests that the grant
provisions have been complied with,(iii) for amounts greater than $100,000, have
a grant -specific audit performed in accordance with the rules of the Auditor General,
and (iv) have such audits, statements, or attestations filed with the SFCURP/BSWCD
and the Auditor General.
(c) The intent of this paragraph is to include lobbying, of applicable federal agencies.
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99-34 - Landscape Soil Support -South Pointe
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18. If this agreement contains federal funding in excess of $100,000, the Sub -grantee
(Sub -recipient) must, prior to agreement execution, complete the Certification Regarding Lobbying
form. If a Disclosure of Lobbying Activities, Standard Form LLL, is required, it may be obtained
from the SFCURPBSWCD. All disclosure forms as required by the Certification Lobbying form
must be completed and returned to the SFCURPBSWCD.
19. The undersigned Sub -grantee (Sub -recipient) receiving federal financial assistance
under this agreement hereby acknowledges and agrees that it will comply with the applicable
provisions of the latest version of Office and Management Budget Circular No. A-133 - Revised
June 24, 1997 (Audits of States, Local Governments, and Non-profit Organizations). Copies of the
latest version of the above which would relate to the undersigned Sub -grantee (Sub -recipient) may
be obtained by contacting SFCURPBSWCD:
South Florida Community -Urban Resources Partnership
USDA Service Center
6191 Orange Drive, Suite 6183Q
Davie, FL 33314
(Contact SFCURP/BSWCD office for assistance in obtaining copies at (954) 792-1984)
If the undersigned Sub -grantee (Sub -recipient) expends $300,000 or more in federal
financial assistance in a fiscal year, either directly from federal agencies or indirectly through other
units of state or local govemments or a combination thereof, the Sub -grantee (Sub -recipient) shall
have an audit made in accordance with the Office of Management and Budget Circular No. A-133
(Audits of State, Local Governments, and Non-profit Organizations). The $300,000 threshold
specified above shall be from all federal sources, not just the amount provided by this agreement.
The undersigned Sub -grantee (Sub -recipient) receiving funds under this agreement hereby agrees
that it will allow the SFCURPBSWCD and any federal agency to audit the Sub -grantee's (Sub -
recipient's) books for compliance with the above applicable circulars.
20. The Sub -grantee (Sub -recipient) acknowledges and agrees that public use of all
reports or other printed material, videos, audio recordings, films and photographs produced as part
of this Project shall not be restricted under the copyright laws of the United States of America. All
products (brochures, signs, videos, etc.) funded by the South Florida Community -Urban Resources
Partnership grant must display a statement that the material has been prepared using South Florida
Community -Urban Resources Partnership grant funds received through the US Department of
Agriculture -Natural Resources Conservation Service.
21. The Sub -grantee (Sub -recipient) is informed that a person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not submit
a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on
an agreement with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform
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99-34 - Landscape Soil Support -South Pointe
6
work as a contractor, supplier, subcontractor, or consultant under an agreement with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the
date of being placed on the convicted vendor list.
22. The Sub -grantee (Sub -recipient) is informed that the SFCURP/BSWCD shall
consider the employment by a Sub -grantee (Sub -recipient) of unauthorized aliens a violation of
Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be caused for
unilateral cancellation of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused these Agreements to be executed
the day and year written herein.
BROWARD SOIL AND WATER
CONSERVATION DISTRICT (BSWCD)
BY:
BSWCD Chairperson or Designee
Witness:
Title:
SFCURP Regional Director
City of Miami Beach
Print Organization N e/SSub-grantee/Sub-recipient)
Signature of Authorized Representative
Neisen Kasdin, Mayor
Witness:
C( (SEAL)
Robert Parcher, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
omey Utile
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EXHIBIT 2
SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP
(SFCURP)
MAINTENANCE MEMORANDUM OF AGREEMENT
This agreement, made and entered into this 1. day of F2%(UG ✓LI 20 O I
by and between the BROWARD SOIL AND WATER CONSERVATION DISTRICT on behalf of
the SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP, hereinafter called
the "SFCURP/BSWCD" and City of Miami Beach. hereinafter called the Sub -grantee (Sub -
recipient).
WITNESSETH
WHEREAS, the SFCURP/BSWCD desires to increase the general level of knowledge of the
principles of ecosystem restoration and the conservation of natural resources by granting funds to
the Sub -grantee (Sub -recipient) for the establishment of a demonstration tree planting Project as
outlined in the South Florida Community -Urban Resources Partnership Grant Project Number 99-34
and Grant Memorandum of Agreement (the "Grant Agreement") attached hereto as Exhibit "1" and
by reference made a part hereof;
WHEREAS, the BSWCD is acting as the cooperating local agency for the USDA -Natural
Resources Conservation Service SFCURP Initiative.
WHEREAS, the SFCURP/BSWCD has awarded the Sub -grantee (Sub -recipient) a South
Florida Community -Urban Resources Partnership (SFCURP) grant, more particularly set forth in
the Grant Agreement;
WHEREAS, the Sub -grantee (Sub -recipient) agreed in the Grant Agreement to maintain the
Project (as described in the Grant Project);
WHEREAS, the parties hereto recognize the need for entering into an agreement designating
and setting forth the responsibilities of each party in maintaining the Project; and
WHEREAS, the Sub -grantee (Sub -recipient) by Resolution desires to enter into this
Agreement and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the
other herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and
agree as follows:
1. The Sub -grantee (Sub -recipient) shall maintain the Project in a responsible manner
and with due care in accordance with the below listed "Project Standards" for the property at the
following location:
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99.34 - Landscape Soil Support -South Pointe
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Specifically, the Sub -grantee (Sub -recipient) accepts the below listed responsibilities and duties:
(a) Proper watering and proper fertilization of all trees/plants.
(b) Keeping trees/plants as free as practicable from disease and harmful insects;
(c) Proper mulching of trees and/or planting beds; Keeping the premises free of
weeds; Mowing and/or cutting grasses to the proper length;
(d) Proper pruning of all trees which includes; (I) removing dead or diseased
parts of trees or (ii) pruning such parts thereof which present a hazard;
(e) Removing and replacing dead or diseased trees/plants in their entirety, or
removing and replacing those that fall below original Project Standards.
The Sub -grantee (Sub -recipient) agrees to repair, or remove and replace at its own
expense all or part of the Project that falls below Project Standards. In the event any part or parts
of the Project, including all plants, must be removed and replaced for whatever reason, then they
shall be replaced with the same grade, size and specification as provided in the original plans for the
Project. Furthermore, the Sub -grantee (Sub -recipient) shall keep litter removed from the Project
area. The above named functions to be performed by the Sub -grantee (Sub -recipient) shall be
subject to periodic inspections by the SFCURPBSWCD. It is the intent of the parties hereto that
except as otherwise provided in paragraphs 2 and 4 hereof, the Sub -grantee (Sub -recipient) shall be
the owner of the planting and other installations included and stipulated in the grant application
comprising the Project.
2. This Agreement may by terminated under any one of the following conditions:
(a). By the SFCURPBSWCD, if the Sub -grantee (Sub -recipient) fails to perform
its duties under this Agreement or for refusal by the Sub -grantee (Sub -
recipient) to allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes and made
or secured by the Sub -grantee (Sub -recipient) in conjunction with this
Agreement following reasonable written notice.
(b). By either party following sixty (60) calendar days written notice.
(c). By both parties following the complete execution by both parties of an
agreement to terminate this Agreement.
3. The terms of this Agreement commence on the date of Certification of Acceptance
and continue for a period of three (3) years.
4. In the event this Agreement is terminated in accordance with subparagraph 2(a) then
the Sub -grantee (Sub -recipient) shall refund to the SFCURPBSWCD a pro -rated portion of the
grant award based upon the following schedule:
(a). If this agreement is terminated within one year of the date in Paragraph 3, 75
percent of the grant award.
(b). If this agreement is terminated during the second year of this agreement, 50
percent of the grant award.
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99-34 - Landscape Soil Support -South Pointe
(c). If this agreement is terminated during the third year of this agreement, 25
percent of the grant award.
5. As applicable under Florida Statute 768.28, the Sub -grantee (Sub -recipient)
Covenants and agrees that it shall indemnify and hold harmless the SFCURP/BSWCD and all of the
SFCURPBSWCD officers, agents and employees from any claim, action, neglect or omission by
the Sub -grantee (Sub -recipient) during the performance of the Agreements, whether direct or
indirect, and whether any person or property to which the SFCURP/BSWCD or said parties may
be subject, except that neither the Sub -grantee (Sub -recipient) nor any of its sub -contractors shall
be liable under this paragraph for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of the SFCURP/BSWCD or any of its officers,
agents or employees.
6. This Agreement, together with the South Florida Community -Urban Resources
Partnership Grant Memorandum of Agreement, embodies the entire agreement and understanding
between the parties hereto and there are no other agreements or understandings, oral or written, with
reference to the subject matter hereof that are not superseded hereby.
7. This Agreement may not be assigned or transferred by the Sub -grantee (Sub -
recipient), in whole or in part without the expressed written consent of the SFCURP/BSWCD.
8. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
9. All notices, demands, requests or other instruments shall be given by depositing the
same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by
telex (FAX) or telegram:
(a) If to the SFCURPBSWCD, addressed to Russell M. Setti, SFCURP Regional
Director, USDA Service Center, 6191 Orange Drive, Suite 6183Q, Davie,
Florida 33314, Phone:(954) 792-1984 or Fax: (954) 792-3996 or at such
other address the SFCURP/BSWCD may from time to time designate by
Written notice to the Sub -grantee (Sub -recipient); and
(b) If to the Sub -grantee (Sub-recipient)addressed to:
or at such other address as the Sub -grantee (Sub -recipient) from time to time
designates by written notice to the SFCURP/BSWCD.
All time limits provided hereunder shall run from the date of receipt of all mailed
notices, demands, requests and other instruments, or from the date telexed or faxed.
10. Time is of the essence for this agreement.
F:\BSWCD\SFCURP Projects \SFCURP_BSWCD Grant & Maintenance MOAdoc
99-34 - Landscape Soil Support -South Pointe
10
11. This contract, which disburses grants and aids appropriations, is subject to the
requirements of Section 216.347, Florida Statutes, and the Sub -grantee (Sub -recipient) is therefore
not allowed to expend any funds received through this contract for the purpose of lobbying the
Florida Legislature, the SFCURPBSWCD, the Judicial Branch, or any other state agency or federal
agency as it may apply.
This contract, which disburses grants and aids appropriations, is subject to the
requirements of Section 216.349, Florida Statutes, which are:
(a) The SFCURP/BSWCD and the Comptroller before disbursing any funds must
independently ensure that the proposed expenditure is in accordance with all legal
and regulatory requirements and that this contract specifically prohibits the use of
funds for the purpose of lobbying the Legislature, the SFCURPBSWCD, the
Judicial Branch or any state agency.
(b) If the Sub -grantee (Sub -recipient) is a local government agency, non-profit
organization, or not-for-profit organization it shall: (I) for amounts $25,000 or less,
have its head attest that it has complied with grant provisions, (ii) for amounts
greater than $25,000 but not more than $100,000 have a grant -specific audit
performed in accordance with the rules of the Auditor General or have a statement
prepared by an independent certified public accountant which attests that the grant
provisions have been complied with, (iii) for amounts greater than $100,000 have
a grant -specific audit performed in accordance with the rules of the Auditor General,
and (iv) have such audits, statements, or attestations filed with the SFCURPBSWCD
and the Auditor General.
IN WITNESS WHEREOF, the parties hereto have caused these Agreements to be executed the day
and year first above written.
APPROVED AS TO
ORM & LANGUAGE
.. FOR EXECUTION
0.:-61:-S2'1_2/
ldy ornwy at-
BROWARD SOIL AND WATER
��� CO R ION DISTRICT (BSWCD)
BYr / le -A ,.,,,i
/' SWCD hairpersono/gidesignee
nit
SFCURP Regional Director
Witness:
City of Miami Beach
Print OrganizationN e (Sub-grantee/Sub-recipient)
of Au
Signature o
rized Representative
Title: Nelsen Kasdin, Mayor
Witness: 9�'`^ _� ? Lvi? Pr --
Robert Parcher, City Clerk
F:\BSWCD\SFCURP Projects \SFCURP_BSWCD Grant & Maintenance MOAdoc
99-34 - Landscape Soil Support -South Pointe
(SEAL)
11
EXHIBIT A
South Florida Community -Urban Resources Partnership
SUB -GRANTEE INFORMATION (Please Print or Type)
Project Applicant Name: City of Miami Beach
Project No.: 99-34
Project Title: Landscape Soil Sunoort-South Pointe
Sub -grantee Information (Local Government, Nonprofit Organization, Indian Tribe
or Educational Institution): The City of Miami Beach
Name and Title of Contact Person: Alexander Diaz: Grant Writer
Address: 1700 Convetion Center Drive
City: Miami Beach Zip:33139
Phone: 305-673-7260 Fax: 305-673-7772
ci.miami-beac.f1.us ci.miami-beach.fl.us
Email: alexanderdiaz@ Web Address:
IRS FEID Number 59-6000372
Name of Landowner: City of Miami Beach
As the duly authorized officer/representative of the Sub -grantee named above, I hereby certify
that all parts of the proposal and required grant information have been read and understood and
that all information submitted herein is true and correct.
Authorized Officer/Representative: Nelsen Kasdin
Title: Mayor `.
Signature: nU^It
Date: l0//i/00
Please attach project description, work plan, flow chart, and reWp oVED AS TO
documents that will become part of this agreement. FORM & LANGUAGE
& FOR EXECUTION
F:\BSWCD\SFCURP Projects \SFCURP BSWCD Grant & Maintenance MOA.doc
99.34 - Landscape Soil Support -South Pointe
�to� iate
EXHIBIT A
GRANT PROGRAM INFORMATION
Project Applicant Name: City of Miami Beach
Project No.: 99-34
Project Title: Landscape Soil Support -South Pointe
SUMMARY OF COSTS (A 50/50 match on behalf of the Sub -grantee is required)
Requested Grant $
I
Local Match $
II
Contractual costs $ 0 $2,800.00
Personnel costs $ 0 $9,915.00
Travel costs
Equipment costs
Supplies costs 4;5, o00.Oo 4V32. Rnn _ n0
Operating costs
Tree costs
Overhead costs to $750.00
Total Requested Grant (I) $$5,000.00 0
Total Matching Costs (II) $ 0 $ 46,265.00
Total Program Costs (III) $51,265.00
Add columns I and II for total III (100%)
9.8 9 % % Grant Request 90 . 1 1 % % Local Match
A budget, detailing all costs identified above must be attached.
PROJECT LOCATION INFORMATION (Please Print or Type)
(Complete where applicable)
County Miami -Dade Local Government Jurisdiction (County Govenunent,
Municipality, School Board District or Independent Special District): Miami Beach
Describe the Specific Location of the Project: Both sides of Washington Ave.
and 3rd Street.
Who has Maintenance Responsibility for the Property?: City of Miami Beach
Is the Land Ownership Public or Private?:
Public
F:\BSWCD\SFCURP Projects\SFCURP_BSWCD Grant & Maintenance MOA.doc
99-34 - Landscape Soil Support -South Pointe
13
City of Miami Beach
Project No.: 99-34
Project Title: Landscape Soil Support -South Pointe
EXHIBIT B
BUDGET
Please note: All Projects must include a detailed itemized budget summary which lists all
anticipated expenditures and explains all project costs. Proposals for site specific
demonstration tree planting projects must list the quantity, species, and approximate size
(container size, or caliper and height) of trees to be planted.
Cost Items Quantity (#) Rate or Price SFCURP 50% 50% Match
($) Cost Share ($) Cost ($)
Contractual
(description)
Excavation of
Existing marl
Personnel
(list titles or positions)
REQUIRED SOIL TEST &
EVALUATIONS
Landscape Architect
Final Examination and
approval of multiple
samples
Registered Professional
Examination of
submitted samples
Evaluation of conditions
Proiect Manager
Oversee/coordinate
for soils test:
Multiple sampling
Storage
Handling
1,400 CY. $2.00 CY
2 hrs
15 hrs
20 hrs
IMPLEMENTATION 120 hrs
Contracted Labor
Proiect Manager
Oversee/coordinate
Soil implementation
five workers for
three days
30 hrs
F:\DDHP\$ALL\KILROY\GRANTS\RDA soil\Working soil.doc
All KH costs verified
in the professional
services contract
between the City
and Kimley Hom
$0 O% $2800 100%
$0 O% $9,915 100%
$145 per hour $0
$130 per hour
$100 per hour
$26.50 per hour
$100 per hour
$290
$0 $1,950
$0 $2000
$0 $2,675
$0
$3000
14
City of Miami Beach
Project No.: 99-34
Project Title: Landscape Soil Support -South Pointe
BUDGET
Cost Items Quantity (#) Rate or Price SFCURP 50% 50% Match
($) Cost Share ($) Cost ($)
Travel
N/A
Equipment
N/A
F \DDHP\SALL\KILROY\GRANTS \RDA soil\Working soil.doc
City of Miami Beach
Project No.: 99-34
Project Title: Landscape Soil Support -South Pointe
Cost Items
Supplies*
(list items)
BUDGET
Quantity (#) Rate or Price SFCURP 50% 50% Match
($) Cost Share ($) Cost ($)
CU SOIL® $1,400 CY $27 CY $5000 13.3% $32,800 86.7%
Skeleton soil for
live oaks to prevent
infrastructure impact
F-\DDHP\SALL\KILROY\GRANTS \ROA soil\Working sod tloc
City of Miami Beach
Project No.: 99-34
Project Title: Landscape Soil Support -South Pointe
BUDGET
Cost Items Quantity (#) Rate or Price SFCURP 50% 50% Match
($) Cost Share ($) Cost ($)
ODeratina Costs
(list)
Trees
(list species and size)
Overhead**
Total
**************
$750
❖ Grant dollars may not be used to purchase food as supplies.
• Overhead costs up to 5% may only be used as a matching cost. Grant funds may
not be used for overhead costs.
F \DDHP\SALL\KILROY\GRANTS \RDA sod\Working soil.doc
RESOLUTION NO. 2000-23850
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO SUBMIT AN APPLICATION TO THE
SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP,
ON BEHALF OF THE MIAMI BEACH REDEVELOPMENT AGENCY, FOR
A GRANT, IN THE AMOUNT OF $25,000, WITH A MATCHING
CONTRIBUTION BY THE REDEVELOPMENT AGENCY OF $25,000,
FROM TAX INCREMENT FUNDS, FOR THE USE OF AN
ENVIRONMENTALLY INNOVATIVE SOIL MIXTURE IN THE SOUTH
POINTE STREETSCAPE IMPROVEMENT PROGRAM; AND TO
APPROPRIATE THE FUNDS, IF AWARDED.
WHEREAS, its environment and natural resources are the foundation of the City of
Miami Beach's unique, urban quality of life; and
WHEREAS, the Miami Beach Redevelopment Agency promotes the sustainable economic
and social well-being of the City; and
WHEREAS, the South Florida -Urban Resources Partnership, a local component of the United
States Department of Agriculture, was initiated in 1994 to assist urban South Florida communities
in improving and protecting their natural resources; and
WHEREAS, the City, on behalf of the Miami Beach Redevelopment Agency, requests a
$25,000 grant from the South Florida -Urban Resources Partnership for the use of an innovative soil
mixture in the South Pointe Streetscape Improvement Program; and
WHEREAS, the Miami Beach Redevelopment Agency, on behalf of the City, will provide a
matching contribution of $25,000, from tax increment funds;
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 of Miami Beach, Florida authorize the City Manager, or his designee, to submit an
application to the South Florida -Urban Resources Partnership, on behalf of the Miami Beach
Redevelopment Agency, for a grant, in the amount $25,000, with a matching contribution by the
Redevelopment Agency of $25,000, from tax increment funds, for the use of an environmentally
innovative soil mixture in the South Pointe Streetscape Improvement Program; and to appropriate
the funds, if awarded.
PASSED and ADOPTED this 12th day of April, 2000.
MAYOR
ATTEST:
(cti ��itC1u--.
CITY CLERK
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
Date
CITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\ci. miami-beach.fl. us
TO:
COMMISSION MEMORANDUM NO. 2673-0 d/
-r
Mayor Nelsen O. Kasdin and DATE: April 12, 2000
Members of the City Commission
FROM: Lawrence A. Levy
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO SUBMIT AN APPLICATION TO THE
SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP,
ON BEHALF OF THE MIAMI BEACH REDEVELOPMENT AGENCY, FOR
A GRANT, IN THE AMOUNT OF $25,000, WITH A MATCHING
CONTRIBUTION BY THE REDEVELOPMENT AGENCY OF $25,000,
FROM TAX INCREMENT FUNDS, FOR THE USE OF AN
ENVIRONMENTALLY INNOVATIVE SOIL MIXTURE IN THE SOUTH
POINTE STREETSCAPE IMPROVEMENT PROGRAM; AND TO
APPROPRIATE THE FUNDS, IF AWARDED.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The South Florida -Urban Resources Partnership (SFURP) was initiated in 1994 to assist urban South
Florida communities in improving and protecting their environment through innovative partnership,
linking people, government, and resources. As a local component of the United States Department
of Agriculture, the SFURP administers funds from the National Resources Conservation Service as
authorized by the Soil and Domestic Allotment Act of 1935.
On behalf of the Miami Beach Redevelopment Agency, the City seeks $25,000, the maximum
available grant funds, from SFURP to defray costs related to using a new soil mixture for this portion
of the South Pointe Streetscape Improvement Program. The paving that surrounds urban street trees
normally does not allow sufficient water or air to permeate to the tree roots. The new soil mixture
will meet or exceed pavement design and installation requirements while remaining penetrable to
roots, air and water, thus facilitating the long-term survival of the live oaks proposed for this project.
The SFURP requires a dollar for dollar local match for its programs. The hardscape and softscape
funds of the Phase I budget of the South Pointe Streetscape Improvement Program total over $1
million and adequately meet this requirement.
The Administration recommends that Mayor and the City Commission adopt the resolution.
LAL:CC:AR\sk
L \CMGRUGENOAu0W,MRfl0 CONSENTSOLLuy men drc
AGENDA ITE/ M (1 / 71
DATE —I re