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HomeMy WebLinkAboutO-11977J-00-743 9/14/00 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "VIRGINIA KEY BEACH PARK PRESERVATION PLAN FUND"; APPROPRIATING FUNDS IN THE AMOUNT OF $25,000,.CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, IN THE AMOUNT OF $12,500 AND MATCHING FUNDS PROVIDED BY THE CITY OF MIAMI AS FOLLOWS: ' $4,100 FROM THE SAFE NEIGHBORHOOD PARK BOND FUNDS, AND $8,400 FROM THE FISCAL YEAR 2000 SPECIAL PROGRAMS AND ACCOUNTS FUND; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Virginia Key is the subject of a master plan for environmental protection, historic preservation and development; and WHEREAS, on July 14, 2000, the City of Miami, through the Department of Parks and Recreation, was awarded a grant by the Florida Department of State, Division of Historical Resources, in the amount of $12,500, for the development of a master plan for environmental protection, historic preservation and development of Virginia Key Beach Park, conditioned upon the provision of matching funds by the City of Miami, in the amount of $12,500; and WHEREAS, the City's required matching funds will be provided as follows: $4,100 from Safe Neighborhood Park Bond funds, and $8,400 from the Fiscal Year 2000 Special Programs and Accounts funds; and WHEREAS, the City Manager has determined that the Department of Parks and Recreation will implement the project related to the grant in accordance with the terms and conditions of the grant agreement and the Department of Real Estate and Economic Development will be discharged from any further responsibility for this project; and WHEREAS, any purchases for the expenditure of said funds will comply with applicable City Code purchasing requirements; and WHEREAS, said grant will be administered through the Florida Department of State, Division of Historical Resources; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference and incorporated as if fully set forth in this Section. Page 2 of 4 1197 1 1 Section 2. The following Special Revenue Fund is hereby established and resources are hereby appropriated as described herein: FUND TITLE: Virginia Key Beach Park Preservation Plan Fund RESOURCES: Florida Department of State, Division of Historical Resources $12,500 Safe Neighborhood Park Bonds $ 4,100 FY 2000 Special Programs and Accounts $ 8,400 APPROPRIATIONS: $25,000 Section 3. The City Manager is hereby authorized" to accept the aforementioned grants and execute the necessary documents, in a form acceptable to the City Attorney, for acceptance of said grants. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent of in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. The herein authorization is further subject .to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Page 3 of 4 • • Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.21 PASSED ON FIRST READING BY TITLE ONLY this 14th day of September , 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of October 2000. JOE CAROLLO, MAYOR In accordance with Miami rode Ser,. 2-36, since the %tis legislation by signing it in the designated P becomes effective with the elapse of k" da F rr regak&ng same, without the Mayor -(- is etc ATTEST: WALTER J. FOEMAN CITY CLERK did not indicate approval of APPRD Aj TO FgAfAND CORRECTNESS :C/ FEJ VT CITY TTORNEY W9 4:LB:BSS LLO 2i This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 4 119,77 • • CITY OF MIAMI, FLORIDA 21 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE: AUG 2 9 2COr FILE: Members of the City Commission SUBJECT: Ordinance To Accept Virginia Key Preservation Grant FROM: REFERENCES: ar s A. Gim nez ENCLOSURES: City Manager RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached J ordinance accepting a grant from the Florida Department of State, Division of Historical Resources and establishing a new Special Revenue Fund entitled "Virginia Key Beach Park Preservation Plan Funding" in the amount of $12,500 with a match consisting of General Fund cash and in-kind resources equal to $12,500 for a total appropriation of $25,000. BACKGROUND: On December 15, 1999 the Department of Real Estate and Economic Development submitted a grant application in response to a solicitation from the Florida Department of State, Division of Historical Resources for development of a preservation plan at Virginia Key Beach Park. On July 14, 2000, the Division of Historical Resources approved the grant application in the firm amount of $12,500 as per the attached proposed budget. This grant award advances important plan objectives contained in the 1987 Virginia Key Master Plan as well as the City's most current Comprehensive Plan. The responsibility for post -award administration of this grant is being transferred to the Department of Parks and Recreation. Acceptance of this grant by ordinance is important because of the necessity to execute the grant agreement when tendered in a timely manner. Otherwise, the City risks losinh� grant jaward. /uo A, 91'slmo CAGY/R/AR/HF/jag 10' Attachments c: Frank K. Rollason, Assistant City Manager Albert Ruder, Director, Department of Parks and Recreation Maria Perez, Support Services Coordinator Linda Haskins, Director, Department of Management and Budget Henry Flood, Department of Management and Budget 119'77 • 0 Historic Preservation Grant Award Agreement Survey and Planning Grants - Advanced Payment Grant No. S1055 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the City of Miami, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the Grantee, relative to the Virginia Key Park Preservation Project, hereinafter referred to as the Project, and is entered into this day of 2000, and shall end on June 30, 2001. The Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter 1A-35, Florida Administrative Code, which regulates Historic Preservation Grants -in -Aid. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of twelve thousand five hundred dollars ($12,500.00) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: I. The Project shall include the following authorized project work: A. A Preservation Plan for the Virginia Key Park located within the City of Miami will be prepared. The Plan will address the evaluation, assessment and future preservation needs of the resources of the sites. B. A draft of the Preservation Plan will be submitted to the Department.no later than forty-five days prior to the end of the grant period for review and approval. C. Upon completion of the Project, four copies of the Preservation Plan shall be submitted to the Department as final product of the Project. II. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING GRANTS AND THE ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY attached as Attachment "A", and Chapter 1A-35, Florida Administrative Code, and the following specific conditions: A. The Grantee agrees to complete the Project by June 30, 2001 and submit the Final Products and the Final Progress Report and Final Expenditure Report, as specified in Attachment "A", Part II, subparagraph B.2., within 30 days of completion of project work. No costs incurred prior to the commencement date of this Agreement are eligible for payment from grant funds. No costs incurred after the above project work completion date will be eligible for payment unless specifically authorized by the Department before the cost is incurred. B. The Department shall not assume any liability for the acts, omissions to actor negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. f C. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from perso"'injury, including death or damage to property, arising out of any activities performed under this Agreement, • omissions to act or negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense. D. The Grantee shall be solely responsible for all work performed and"all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in'this Agreement; ;including entering into subcontracts with vendors for services and commodities, provided that such subcontract haa been approved in writing by the Department prior to its execution, and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract: .E. The Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work. F. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. G. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the State Historic Preservation Program. H. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. I. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. The Grantee shall not charge the Department for any travel expense without the Department's written approval. Upon obtaining,the Department's written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section 112.061, Florida Statutes. J. The Grantee recognizes that the State of Florida, pursuant to Section 212.08(6), Florida Statutes, is not required to pay taxes on any goods or services which may be provided to it pursuant to this Agreement. - K. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further . liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in:proportion to the revenue shortfall. L. All project work must be in compliance with the Secretary of the Interior's Standards for Preservation Planning. M. The Grantee will not discriminate against any employee employed in'the performance of this Agreement, or against any applicant for employment because of race, religion, color, handicap, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. . E4 119'7.7 N. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. O. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. P. Each grantee, other than a grantee which is a State agency, shall submit to an audit or submit an attestation statement pursuant to Section 216.349, Florida Statutes. Q. The product of the Project must be the original work of the Grantee or its consultants. If the work of others is used as background information, it shall be appropriately credited to the originator. III. The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a maximum payment of twelve thousand five hundred dollars ($12,500.00) If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash expenditures up to a maximum payment of twelve thousand five hundred dollars ($12,500.00). In order for any expenditure to qualify for payment, it must be properly documented, be for, work performed during the term of the Agreement, and for a charge which is reasonable in amount and directly related to and necessary for the completion of the authorized project work. The total amount as prescribed above shall be made to the Grantee in four quarterly installments. The first three may be made at the beginning of each quarter for which they are allotted. Grantees shall submit the four signed Requests for Advanced Payment Forms (No. HR2E560397, effective 3/97), herein incorporated by reference, with this signed Grant Award Agreement to initiate the grant. The Grantee shall submit to the Department a completed "Progress and Expenditure Report" form for every reporting period of the grant period. Progress and Expenditure Reports shall be received by the Department within 30 days of the ending of a reporting period. Within 30 days of completion of project work, the Grantee shall submit the coVpleted "Final Progress and Expenditure Report" form to the Department. The last grant payment installment shall be payable during the last quarter for which allotted and upon receipt and verification of the Grantee's Final Progress and Expenditure Report and verification of all previously submitted Progress and Expenditure Reports. When advance payments have been made by the Department, adjustments for overpayments shall be made quarterly and upon receipt of the Final Progress and Expenditure Report, unless otherwise agreed by the parties. In addition, in the event that all project work which is the subject of this Agreement is not fully completed in both a timely and satisfactory manner, the Department reserves the right to demand and receive full reimbursement of all sums which it has paid the Grantee under this Agreement. Payment for project costs will also be contingent upon all -authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards, and the inspection and approval of the grant assisted work by the Department. The Department further agrees to the following conditions: A. The Department shall review and approve as to form and content all proposed contracts of the Grantee for the procurement of goods and services relating to the project work and all proposed contract change orders or amendments prior to final execution of said contracts, change orders or amendments, but said review and approval shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. B. The Department shall review and approve detailed plans, specifications, and other bid documents for construction work relating to the Project prior to the execution of any contract for such work; review and comment on all preliminary reports and recommendations; and confer with the Grantee and its professional consultants as necessary throughout the course of the Project, to assure compliance with the objectives, requirements and limitations of the State Historic Preservation Program. IV. The payment schedule of -grant funds shall be subject to the timely filing of required reports and to any special conditions required by the Office of the Comptroller, State of Florida. Surplus funds must be temporarily invested and the interest earned on such investments shall be returned to the State. The Grantee shall report interest earnings quarterly, and shall remit the total interest earned at the end of the grant period in the form of a check or money order made payable to the Florida Department of State. V. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement - V1. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. VII. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. VIII. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is 4 State agency, is not entitled to accrue -any benefits including retirement benefits and any other rights or privileges connected with employment iri the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent. contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. IX. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter 1A-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement: In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. X. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XI. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: 4 11977 A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by_not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that convective action will be taken, or until the Department terminates the grant. The grant shall be terminated by,the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days of receipt of such notification by the Grantee. B. Termination. Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. 1. Termination for cause. The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any -other past or present grant award agreement with this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a nature that cannot be cured. If the default• is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice • shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 2. Termination for convenience. The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two 5 11979 parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally1cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project mays be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. ` I 4. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notification of the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. XII. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to, City of Miami, 444 SW 2nd Avenue, Miami, FL, 33161-, for the Grantee. Unless the Grantee has notified the .Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. XIII. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity,. or increases the limits of its liability, upon entering into this contractual relationship. XIV. This instrument and the Attachments hereto embody the whole Agreelment of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement and the Attachments heretv'shalr be effective unless in writing and properly executed by the.parties. 6 All written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures:. DEPARTMENT OF STATE JANET SNYDER MATTHEWS, Ph.D. Director, Division of Historical Resources CITY OF MIAMI Signature of Authorized Official Typed Name and Title of Authorized Official ` 7 1197`7 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11977 XXXXX . Court in the ........................................... , w pyblis1 hed in sajdde-ws aper in the issues of00 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she either paid nor promised any person, fir corp on a discount, rebate, com- mission or re n I for rpose securing this advertise- ment for p icati a said n spaper. 19 SwOctoberscribed before met his2000 0 0 0 ..... dda/ayyof................................ A.D........ .. . ..ib!... .......... . (SEAL) / O�PRY P& OFFICIALkEAYL H MARMER Octelma V. Ferbeyres oS�n t � MISSION NUMBER 7 CC931156 MY COMMISSION EXPIRES f ' OF P•O�`o APR. 24 2004 TV OF MIAMI, FLORIDA. OF PROPOSED ORDINANCES VAII interested persons will take notice that on.the 12th of October„2000, the City Commission of Miami, Florida adopted.the following titled ordi- nances: ORDINANCE NO. 11973. AN. EMERGENCY- ORDINANCE OF THE MIAMI CITY,QOM -MISSION AMENDING ORDINANCE NOS: 11.705, n AMEND; ED, AND 11839, AS AMENDED, BY INCREASING;T�HE;AP- PROPRIATIONS FOR TWO CAPITAL IMPROVE NT :PRO- JECTS (''CIP") AS FOLLOWS: (1;) FUNDS IN THEA31btNTOF' $375,000 FOR THE HADLEY PARK SENIOR CENTER;-'CIP PROJECT NO. 331391, CONSISTING OF FUNDS P�QVIDEID FROM THE FISCAL YEAR 2000 GENERAL FUND !�IIRFL"US, ° AND (2) FUNDS IN THE AMOUNT OF $600,000 FOFtV[RRICK PARK RENOVATIONS, CIP PROJECT NO. 331316, (!gNSIST- ING OF $1 50,000.RECEIVED AS A GRANT FROM THEST; TE f+. OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEE- TION, FLORIDA RECREATION 'ASSISTANCE P- RQGRAM ("FRDAP'), AND $450,000 PROVIDED FROM .THEy ISCAL YEAR 2000 GENERAL FUND SURPLUS, WHICH AMOUNT IN- CLUDES THE CASH MATCH REQUIRED BY THE CITY IN THE AMOUNT OF $150,000; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FROM FRDAP FOR VIRRICK PARK OUTDOOR RECREATION IMPROVEMENTS AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE ` TO THE CITY ATTORNEY, FOR,SAID PURPOSE; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11974 ` AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A SPECIAL "REVENUE FUND . ENTITLED: "DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PRO- GRAM; . FUND" AND . APPROPRIATING' FUNDS IN THE AMOUNT OF $98,634, RECEIVED.AS A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PRO- GRAMS; AUTHORIZING THE.CITY MANAGER TO ACCEPT THE FUNDS AND TO EXECUTE ALL NECESSARY-DOCU- MENTS, ECESSARYDOCU- MENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID AWARD; AND CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE. NO. 11975 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING -. A SPECIAL REVENUE FUND ENTITLED: "BULLETPROOF VEST PARTNERSHIP GRANT II FUND"; AP- PROPRIATING FUNDS IN THE AMOUNT.OF $81,621.18, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF -JUSTICE PROGRAMS, BUREAU OF. JUSTICE ASSISTANCE, TO, -ASSIST POLICE OFFICERS IN THE ACQUISITION OF BODY ARMOR; AUTHORIZING THE 'CITY MANAGER TO ACCEPT A SAID GRANT AND TO EXE- CUTE ALL NECESSARY DOCUMENTS, INA FORM -ACCEPT- ABLE .TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT; AUTHORIZING THE EXPENDITURES OF SAID GRANT FOR THE OPERATION OF SAID PROGRAM; CONTAINING A RE- PEALER PROVISION AND. SEVERABILITY CLAUSE. ORDINANCE NO. 11976 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A SPECIAL REVENUE FUND ENTITLED: HOME- LESS'SOCIAL SERVICES FUND 2000/01 " AND APPROPRIAT- ING FUNDS IN THE AMOUNT OF $144,000; CONSISTING OF A GRANT FROM THE MIAMI-DADE DEPARTMENT OF HU- MAN SERVICES, ALLIANCE FOR HUMAN SERVICES, FOR • GENERAL SOCIAL SERVICES TO HOMELESS PVRSONS LOCATED IN THE CITY"OF MIAMI; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID .GRANT AND EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. 0 ORDINANCE NO. 11977 N ORDINANCE OF THE MIAMI CIT SSION ESTAB- j LISHING A SPECIAL REVENUE FUND ENTITLED: "VIRGINIA ! KEY BEACH PARK PRESERVATION PLAN FUND"; APPRO- PRIATING FUNDS IN THE AMOUNT OF $25,000, CONSIST- ING OF A GRANT FROM THE FLORIDA DEPARTMENT OF f STATE, DIVISION OF HISTORICAL RESOURCES, IN THE AMOUNT OF $12,500 AND MATCHING FUNDS BY THE CITY OF MIAMI IN THE AMOUNT OF $12,500 FOR THE DEVELOP- MENT OF A PRESERVATION PLAN'AT VIRGINIA KEY BEACH PARK;- AUTHORIZING THE CITY MANAGER TO .ACCEPT f SAID GRANT. 'AND EXECUTE •ALL NECESSARY DOCU- MENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND A SEVERABILI- TY CLAUSE. ORDINANCE'NO. 11978 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A SPECIAL REVENUE FUND ENTITLED:="LUMMUS PARK HISTORIC STRUCTURE'RESTORATION-FUND" AND .'APPROPRIATING FUNDS INTHE AMOUNT OF $300,000 d6h§STING. OF A GRANT FROM THE FLORIDA DEPART- ..• MENT OF•STATE, DIVISION OF HISTORICALRESOURCES, IN'7HE AMOUNT OF $150,000 AND MATCHING FUNDS IN THE AMOUNT' OF $150;000 FROM THE .MIAMI=DADE , COUNTY SAFE NEIGHBORHOOD PARK. BOND FOR HIS- TORIC RESTORATION WORK ON THE WAGNER HOME- STEAD AND FORT DALLAS STRUCTURES LOCATED AT LUMMUS PARK; AUTHORIZING THE CITY MANAGER TO AC- CEPT SAID GRANTS AND;EXECUTE THE NECESSARY DOC- UMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTOR- NEY; CONTAINING A REPEALER PROVISION AND A•SEVER- ABILITY CLAUSE.. - ORDINANCE NO. 11979 AN -ORDINANCE O_F,THE MIAMI CITY COMMISSION -AMEND->, ING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, . AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS,' COMMITTEES, COMMIS- SIONS" TO REQUIRE THAT THE CITY COMPLY WITH GUIDELINES'AND REQUIREMENTS ISSUED BY THE.GOV- ERNMENT ACCOUNTING STANDARDS BOARD ("GASB") AND NOT THE -MUNICIPAL FINANCE OFFICERS' ASSOCIA- TION ("MFOA"), WHICH GUIDELINES AND REQUIREMENTS ARE NO'LONGER•APPLICABLE; MORE PARTICULARLY BY AMENDING SECTION 2-946 OF SAID CODE; CONTAINING A REPEALER _PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11980 AN ORDINANCE OF THE MIAMI CITY COMMISSION AC- CEPTING A GRANT FROM THE U.S. ENVIRONMENTAL PRO- TECTION AGENCY FOR BROWNFIELDS RESEARCH AND ENVIRONMENTAL ASSESSMENT, AND ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI :RIVER BROWNFIELDS FUNDING" AND APPROPRIATING FUNDS. FOR SAID PROJECT IN THE AMOUNT OF $185,000, AS RE- FLECTED IN A GRANT AWARD AGREEMENT OFFERED TO THE CITY OF MIAMI, DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY; RATIFYING THE CITY MANAGER'S DECISION TO ACCEPT SAID GRANT AWARD, TO IMPLE- MENT ACCEPTANCE OF SAID GRANT; TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SER- VICES AGREEMENT WITH THE TRUST FOR PUBLIC LAND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CON- TAINING A REPEALER PROVISION ANDA SEVERABILITY CLAUSE, AND PROVIDING FOR.AN EFFECTIVE DATE.. ORDINANCE NO4.17 x y FN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED: "STATE OF FLORIDA EMS (EMERGENCY,MEDICAL SERVIC- ES) MATCHING GRANT PROGRAM (FY '99 00)," AND AP- PROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $32,500 CONSISTING OF GRANT, IN THE AMOUNT OF $24,375 FROM THE STATE OF FLORIDA DE- PARTMENT OF HEALTH AND MATCHING FUNDS, IN THE AMOUNT OF. $8,125, FROM CITY OF MIAMI OPERATING BUDGET, ACCOUNT CODE NO. 001000.280601.6.840; AU- THORIZING THE -CITY MANGER TO ACCEPT SAID.GRANT I AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION j AND A SEVERABILITY CLAUSE. Said ordinances may be inspected by the: public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heard ;with respect to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with respect to any matter to be .JJ considered at this meeting, that person shall ensure that a verbatim "I 4 i record of the proceedings is made including all testimony and evidence .� upon which any appeal may be based. COSY Opp WALTER J. FOEMAN. ^� 9� CITY CLERK e se / I (#9345) G9OEco-fLO���� 10/19 00-4-48/100507M (;; w7 STC 2 r d� J j C_ +meq ' CITY`OF MI 1 FLORIDA Y MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review flkia Miami Review, a daily (except Saturday, Sunday and Legal Holidays)oda;vthat newspaper, published at copy ort i in Miami - Dade County, advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE "VIRGINIA KEY BEACH PARK PRESERVATION PLAN FUND" XXXXXXX Court, in the ................... waspybliled in 2366twspaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami-Dade and County, Florida, each day (except Saturday, Sunday Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or reiu for t s f securing this advertise- ment for pub' said n spaper. ....... ..... day-o[-t....yr�i / -- (SEAL) AN TT L LLERENA Octelma V. Ferbeyre pe KMw A-rE OF FLORIDA1 COMMISSION ?JOS 1,.tr 11100 otice is hereby given that the City Commission of the City of Mfami, Florida, will consider the following ordinances on second and final reading: on October 12, 2000 -commencing at 9:30 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO: AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB { LISHING A SPECIAL - REVENUE FUND ENTITLED: "D.OMESTIC PREPAREDNESS EQUIPMENT SUPPORT PRO- GRAM FUND" AND APPROPRIATING -FUNDS IN THE AMOUNT OF $98;634,'RECEIVED AS A GRANT FROM THE -' U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PRO= GRAMS; -AUTHORIZING. THE CITY MANAGER .TO ACCEPT . THE FUNDS AND TO EXECUTE ALL NECESSARY DOCU- ` MENTS, IN A FORM ACCEPTABLE.TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID -AWARD; AND CONTAINING.A i REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION,ESTABc -- - ILISHING A SPECIAL REVENUE FUND z ENTITLED: ; "BULLETPROOF VEST PARTNERSHIP GRANT Il FUND'; AP- PROP.RIATING FUNDS IN THE AMOUNT OF $81,621.18, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF- JUSTICE, OFFICE OF JUSTICE .PROGRAMS, BUREAU , OF JUSTICE ASSISTANCE, TO ASSIST POLICE OFFICERS IN THE ACQUISITION OF BODY ARMOR; AUTHORIZING THE CITY MANAGER TO' ACCEPT A SAID GRANT AND'TO EXE- CUTE ALL NECESSARY DOCUMENTS; IN A FORM ACCEPT- ABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT; _AUTHORIZING THE EXPENDITURES OF. SAID GRANT FOR, - j THE -OPERATION OF SAID PROGRAM; CONTAINING A RE- PEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A SPECIAL REVENUE .FUND ENTITLED: HOME-. LESS SOCIAL SERVICES FUND 2000/01 ° AND APPROPRIAT– ING FUNDS IN THE'AMOUNT OF $144,000, CONSISTING OF A GRANT FROM THE MIAMI-DADE=DEPARTMENT OF HU- MAN SERVICES, 'ALLIANCE FOR HUMAN -SERVICES, FOR . GENERAL. SOCIAL'SERVICES TO HOMELESS -PERSONS LOCATED IN THE CITY OF MIAMI; AUTHORIZING -THE CITY MANAGER TO ACCEPT SAID GRANT AND EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM, ACCEPTABLE TO " THE CITY ATTORNEY; CONTAINING A REPEALER PROVI- _ I SION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A SPECIAL REVENUE FUND ENTITLED: 'VIRGINIA ECFK—REAQUU pARK PRESERVATION PLAN�UND"' APPRO- PRIATING' FUNDS IN THE AMOUNT OF $25,000, CONSIST- ING OF A GRANT FROM THE FLORIDA DEPARTMENT OF _ STATE_DIVISION_ OE -HISTORICAL RESOURCES, IN' THE AMOUNT OF $12,500 AND MATCHING FUNDS BY THE CITY OF MIAMI IN THE AMOUNT OF $12,500 FOR THE DEVELOP- MENT OFA PRESERVATION PLAN AT VIRGINIA KEY BEACH PARK; AUTHORIZING THE CITY MANAGER T0, ACCEPT .SAID GRANT*AND EXECUTE ALL -NECESSARY DOCU- MENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND A SEVERABILI- . TY CLAUSE'., ->"G, A6 }y� 0 i -. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- AN NO. ESTAB- LISHING A SPECIAL REVENUE FUND ENTITLED: "LUMMUS LI ORDINANCE OF THE MIAMI CITY COMMISSIONENTITLED: i PARK HISTORIC STRUCTURE RESTORATION FUND" AND . "STATE A NEW SPECIAL REVENUE FUND ENTITLED: APPROPRIATING FUNDS IN' THE: AMOUNT OF $300,000'_ "STATE OF FLORIDA EMS (EMERGENCY MEDICAL SERVIC- -. AP - CONSISTING OF A GRANT FROM THE FLORIDA DEPART ES) MATCHING GRANT PROGRAM (FY '99-00)," AND PROPRIATING FUNDS FOR THE OPERATION OF SAMEIN . MENT OF STATE, DIVISION_OF.HISTORICAL RESOURCES; ►N -IN THE AMOUNT OF $150,000 AND MATCHING FUNDS IN- THE AMOUNT OF $32,500 CONSISTING OF GRANT, 1N THE . '. THE. AMOUNT OF $150;000 FROM THE MIAMI DADE AMOUNT OF $24,375 FROM THE STATE OF FLORIDA DE - ..COUNTY SAFE NEIGHBORHOOD PARK BOND FOR HIS AMOUNPARTMT NT OF HEALTH AND MATCHING FUNDS, IN THE, TORIC RESTORATION WORK ON THE WAGNER.HOME ' MOUNT'OF $8,125, FROM CITY OF MIAMI OPERATING , BUDGET, ACCOUNT CODE NO._00.1000.280601.6.840; AU - .,STEAD. AND FORT ,DALLAS, STRUCTURES LOCATED AT i THORIZING THE CITY MANGER TO ACCEPT SAID GRANT LUMMUSPARK; AUTHORIZING THE CITY, MANAGER TO'AC- SWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, -<CEPT.SAID GRANTS AND EXECUTE THE.NECESSARY, DOC N A FORM ACCEPTABLE .TO THE CITY ATTORNEY, FOR UMENTS, IN A•FORM ACCEPTABLE TO THE CITY AITOR- ! SAID PURPOSE; CONTAINING A' REPEALER PROVISION, NEY; CONTAINING A REPEALER PROVISION AND A SEVER- AND A SEVERABILITY CLAUSE. ABILITY CLAUSE. ORDINANCE NO. ORDINANCE NO. ` AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- i ING CHAPTER 38, ARTICLE 11, OF THE CODE OF THE, CITY- ING CHAPTER 4/ARTICLE 1, OF THE CODE OF THE CITY OF . j OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND_ MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC RECREATION/USE REGULATIONS,' TO PERMIT THE SALE BEVERAGES/IN GENERAL," TO LIMIT THE HOURS A PACK- AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON A AGE STORE MAY SELL ALCOHOLIC BEVERAGES AND TO. REGULAR BASIS AT THE ALLEN MORRIS BRICKELL PARK, - PROVIDE FOR AND DELETE DEFINITIONS RELATED TO LOCATED AT 25 SOUTHEAST 10TH STREET, MIAMI,�FLORI- PACKAGE STORES; MORE PARTICULARLY BY AMENDING DA; MORE PARTICULARLY BY AMENDING SECTION 38-69 SECTION 4-2,4-7, AND 4-11 OF SAID CODE; CONTAINING A OF SAID CODE; CONTAINING A REPEALER PROVISION REPEALER PROVISION, A SEVERABILITY 'CLAUSE, AND AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN PROVIDING FOR AN EFFECTIVE DATE. ' EFFECTIVE DATE. , ORDINANCE NO. �) Said proposed ordinances may be inspected by the public at the AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- Office of the. City Clerk, 3500 Pan American Drive, Miami, Flori- da, Monday. through Friday, excluding holidays, between the MIAMI, FLORIDA, AS AMENDED,.ENTITLED "ADMINISTRATION/ hours of 8 a.m. and 5 p.m. BOARDS, COMMITTEES, COMMISSIONS" TO REQUIRE THAT THE CITY COMPLY WITH GUIDELINES AND REQUIRE - All interested persons may appear at the meeting and may be heard! MENTS ISSUED BY THE GOVERNMENT ACCOUNTING with respect to the proposed ordinances. Should any person desire to ap- STANDARDS. BOARD _("GASB') AND .NOT THE MUNICIPAL peal any decision of the City Commission with respect to any matter to be FINANCE OFFICERS' ASSOCIATION ('`MFOA"), WHICH 'considered at this meeting, that person shall -ensure that a verbatim GUIDELINES AND REQUIREMENTS ARE NO LONGER AP- record of the proceedings is made including all testimony and evidence PLICABLE; MORE PARTICULARLY BY AMENDING SECTION ;upon which -any appeal may be based. 2-946 OF SAID CODE; CONTAINING A REPEALER PROVI- SION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN -EFFECTIVEOATE;,. I �L�SI oF� f WALTER J. FOEMAN ORDINANCE NO. CITY CLERK c .�.a..... _� AN ORDINANCE OF,THE MIAMI CITY COMMISSION AC- CEPTING A GRANT FROM THE U.S. ENVIRONMENTAL PRO- TECTION AGENCY FOR BROWNFIELDS RESEARCH AND Fc0-Fto�` ENVIRONMENTAL ASSESSMENT, AND ESTABLISHING A. I (#9330)" ` NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI RIVER 1 , 10/2 _00-4-94/95869M BROWNFIELDS FUNDING" AND APPROPRIATING FUNDS - �� - - - -- — FOR SAID PROJECT IN THE AMOUNT OF $185.000, AS.RE- FLECTED IN A GRANT AWARD AGREEMENT OFFERED TO THE CITY OF MIAMI, DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY; RATIFYING THE CITY MANAGER'S DECISION TO ACCEPT SAID GRANT AWARD, TO IMPLE- MENT ACCEPTANCE OF SAID GRANT; TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SER- VICES AGREEMENT WITH THE TRUST FOR PUBLIC LAND ' IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CON- TAINING A REPEALER PROVISION. AND A SEVERABILITY CLAUSE, AND -PROVIDING FOR AN EFFECTIVE -DATE. n ! ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'ADMINISTRATION/ �t i BOARDS, COMMITTEES, COMMISSIONS" TO ESTABLISH " f THE MIAMI COMMISSION ON THE STATUS OF WOMENz ("MCSW"); SETTING FORTH THE PURPOSE, POWERS, AND - DUTIES; PROVIDE FOR TERMS OF OFFICE,. OFFICERS,.. MEETINGS; -QUORUMS, REQUIREMENTS FOR MEMBER, SHIP, ATTENDANCE, AND FILLING OF VACANCIES; PRO' b 'a VIDING FOR THE "SUNSET" REVIEW OF MCSW EVERY O� FOUR YEARS: MORE PARTICULARLY BY AMENDING SEC- TIONS 2-887 AND 2-892, AND CREATING A NEW DIVISION F AND SECTIONS (TO BE CODIFIED) TO SAID CODE; RE- SCINDING RESOLUTIONS NOS. 73-566,74-1373, 78-271 89- i 217; 93-419i'94-183, 96-522; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.