HomeMy WebLinkAboutO-106318/14/89
J-89-798 ORDINANCE NO.
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "WYNWOOD SAFE NEIGHBORHOOD
IMPROVEMENT DISTRICT SPECIAL REVENUE FUND FY 89-90";
APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF $280,000
TO BE RECEIVED FROM THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
WHEREAS, by Sections 164-501-163.522, Florida Statutes, the State
Legislature created the Safe Neighborhood Act, with responsibility for its
operation being placed upon the Florida Department of Community Affairs; and
WHEREAS, in accordance with the provisions of the Safe Neighborhood Act,
the Miami City Commission created the Wynwood Safe Neighborhood Improvement
District (WynwoodSNID) by the adoption of Ordinance No. 10406 on March 24,
1988, as amended by Ordinance No. 10522, adopted on November 17, 1988; and
WHEREAS, the City of Miami and the Wynwood Community Economic Development
Corporation, as co -applicants, applied for Technical Assistance funds in the
amount of $30,000, and Planning funds in the amount of $250,000, from the
Florida Department of Community Affairs to provide assistance in the
preparation of a Safe Neighborhood Plan for the WynwoodSNID; and
WHEREAS, as reflected by Resolution No. 89-577, adopted June 22, 1989,
the City Manager has executed Department of Community Affairs Contract No. 89-
SN-17-11-23-02-010 between the City of Miami and the Department of Community
Affairs for WynwoodSNID Technical Assistance in the amount of $30,000; and
WHEREAS, the Mayor of the City of Miami, acting in his capacity as
Chairman of the WynwoodSNID, has executed Department of Community Affairs
Contract No. 89-SN-17-11-23-20-010 for the preparation of a WynwoodSNID Plan
in the amount of $250,000; and
WHEREAS, Florida Statute 163.5151 provides that all Safe Neighborhood
funds 'received by a Safe Neighborhood District shall be received, held, and
secured in the same manner as other funds by the appropriate fiscal officers
of the municipality, and that the funds shall be maintained under a separate
10MI.
account, and shall be used for purposes authorized by the Safe Neighborhood
Act;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The following Special Revenue Fund is hereby established and
resources are hereby appropriated as described herein:
Fund Title: Wynwood Safe Neighborhood Improvement District
Special Revenue Fund FY 89-90
Resources: Florida Department of Community Affairs $280,000
Appropriation: Wynwood Safe Neighborhood Improvement
District FY 89-90 $280,000
Section 2. All ordinances or part of ordinances insofar as they are
inconsistent or in conflict with provisions of this Ordinance are hereby
repealed.
Section 3. 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.
Section 4. This Ordinance is hereby declared to be an emergency measure
on the grounds of urgent public need for the preservation of peace, health,
safety, and property of the City of Miami upon the further ground of the
necessity to make the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases of goods and
supplies, and to generally carry on the functions and duties of municipal
affairs; more particularly to implement without delay the intent of the State
Legislature.
Section 5. The requirement of reading this Ordinance on two separate
days is hereby dispensed with a vote of not less than four -fifths of the
members of the City Commissi.on.
-2-
1063
PASSED AND ADOPTED this 1 4t h
day of September
.;.
ATTE T:
Ki kI, CITY CLERK
BUDGETARY REVIEW:
lf/ �
11 AOMARV�,,�t. SURANA, DIRECTOR
KPARTM NT OF BUDGET
GRANT REVIEW:
BALDWIN
GRANTS�ADMINISTRATOR
LEGAL REVIEW:
ASSISTANT CITY ATTORNEY
LEGISLATION/SPECIAL PROJECTS
DIVISION CHIEF
-3-
FINANCIAL REVIEW:
(Z��'L
DIRECTOT-
FINMd DEPARTMENT
APPROVED AS TO FORM AND
CORRECTNESS:
%7 r�
JORGE ERN7Z
CITY ATTO NEY
10G31,
TO: Honorable Mayor and Members
of the City Commission
FRO
Q/Cesar H. Odio
City Manager
RECOMMENDATION
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE : S E P e 1 1989 FILE :
SUBJECT: Emergency Ordinance to establish
the "Wynwood Safe Neighborhood
Improvement District Special
Revenue Fund"
REFERENCES:
ENCLOSURES :
It is respectfully recommended that the City Commission adopt the attached
emergency ordinance establishing a -special revenue fund entitled "Wynwood Safe
Neighborhood Improvement District Special Revenue Fund FY 89-90" in the amount of
$280,000 to be received from the Florida Department of Community Affairs.
BACKGROUND
The City of Miami and the Wynwood Community Economic Development Corporation, as
co -applicants, applied for Safe Neighborhood Program Technical Assistance funds in.
the amount of $30,000, and Planning funds in the amount of $250,000, from the
Florida Department of Community Affairs, to provide assistance in the preparation
of a Safe Neighborhood Plan for the Wynwood Safe Neighborhood Improvement District
(WynwoodSNID).
Department of Community Affairs (DCA) Contract No. 89-SN-17-11-23-02-010 between
the City of Miami and the Department of Community Affairs, for WynwoodSNID
Technical Assistance in the amount of $30,000, was signed by the DCA Secretary
Thomas Pelham on June 6, 1989.
Mayor Suarez, acting in his capacity as Chairman of the Board of Directors of the
WynwoodSNID, executed DCA Contract No. 89-SN-17-11-23-20-011, on June 28, 1989,
with DCA Secretary Thomas Pelham executing the contract for the State on June 29,
1989, in the amount of $250,000. This contract provides funds for the preparation
of a WynwoodSNID Plan.
The work to be undertaken by the Planning and Police Departments will be in the
form of technical assistance to the Wynwood Safe Neighborhood Improvement District
in the preparation of a District Plan. All activities under both contracts are
governed by Sections 164.501-163.522, Florida Statutes. , .4:
An emergency ordinance is requested to permit start-up of planning activities by
co -applicant Wynwood Community Economic Development Corporation, and the assisting
City Departments, within the proposed funding time frame.
Attachments
cc: Sergio Rodriguez, Director
Planning Department
Perry Anderson, Chief
Police Department
10631.
5
Agreement between the City of Miami
Community Affairs
FY 1988-89
89-SN-17-11-23-02-010
and The Department of
This agreement is being entered into between the Department
of Community Affairs (Department) and the City of Miami (City)
located in Dade County, Florida.
This agreement is entered into based on the following facts.
WHEREAS, the Department is required by Section 163.519,
Florida Statutes, to operate the Safe Neighborhoods Trust Fund:
and
WHEREAS, the purpose of the Safe Neighborhoods Trust Fund is
to provide technical assistance to municipalities or counties
that create safe neighborhood improvement districts; and
WHEREAS, the City of Miami which created a safe neighborhood
improvement district has applied for and met the requirements to
receive a technical assistance grant from the Safe Neighborhoods
Trust Fund; and
NOW, THEREFORE, the Department and the City agree as
follows.
I. The City agrees:
(A) To utilize the funds provided herein to employ the
services of technical experts in the field of crime
prevention through environmental design, environmental
security, and defensible space. In specific, the
City agrees that the expert shall complete the
following tasks:
(1) Task 1. Make and recommendations for organizational
structure that ensures coordination between
consultants and the various planning staff: make
recommendations to planning coordinators from the
City's Planning Department, the City's Police
Department, the Wynwood Community Economic
Development Corporation (WCEDC), and the Wynwood Safe
Neighborhood Improvement District (District)
regarding the Utilization of Crime Prevention Through
Environmental Design (CPTE0) techniques and the
organizational arrangement and work program for these
four agencies; advise regarding the form and validity
of -the methods being proposed for the assemblage of
crime statistics: advise, and report on, the proper
format for analysis of land use data, zoning data,
traffic data, and crime data as it -relates
Specifically to the District: make recommendations on
methods and scheduling to ensure interaction between
community representatives, the District board, the
Planning advisory board, the zoning board, and the
Miami City Commission: advise regarding the frequency
and scope of public meetings and public hearings
within the District. A
(2) Task 2. Develop a working arrangement between Police
Department personnel and the various CPTED
consultants; review Police Department proposals for
the reduction of crime in the District: advise local
staffs as to viable analytic tools for the
1 J-33..
measurement of future reductions of crime within the
District: advise, in CPTED terns. how to relate
analvsis of transportation systems to the needs of
existing Wynwood employers, and to the goal of
attracr.ing new industries.
(3) Task 3. Review alternative crime prevention
strategies prepared by local staffs: advise as to the
nationwide experience in regard to feasibility of
alternative security methods applicable to all types
of District structures, and propose methods for
informing industrial, commercial, office, and
residential property owners of these alternative
security methods: advise as to the national
experience in promoting the Safe Neighborhood
Improvement District and its utilization of cPTED
concepts through the press, television,
illustrations, models and renderings.
(4) Task 4. Advise as to legal implications of the use
of a special taxing district, special assessments,
and functions permissible to the WCEDC during the
plan implementation phase, and implications of
Florida and Federal Enterprise Zones for the
promotion of industrial and business activity within
the District: review estimates of costs applicable to
the implementation of the plan.
(H) Audit and Records
(1) Maintain books, records, and documents in
accordance with generally accepted accounting
procedures and practices. These books, records,
and documents shall sufficiently and properly
document all expenditures of funds provided by
the Department under this agreement for a
preaudit and postaudit thereof.
(Z) Assure that these records shall be available at a
reasonable time for inspection, review, or audit
by State personnel and others duly authorized by
the Department. "Reasonable" shall be construed
according to circumstances but ordinarily shall
mean during normal business hours.
(3) Retain all financial records, supporting
documents, statistical records, and any other
documents pertinent to this contract for a period
of three years after termination of this
agreement. or, if an audit has been initiated
and audit findings have not been resolved at the
and of three years, the records shall be retained
until resolution of the audit findings.
(C) Task Completion Reports
Maintain and file with the Department at least four
task completion reports. Reports shall be completed
as follows:
r
(1) The first report is due Jul�1O.1289, and shall
include a detailed explanation and documentation
of the actions taken to complete the tasks set
forth in section I.(A)(1) of this agreement;
2
0643
49-'5 i
C-7)
(2) The second report is due September_18. '19894 and
must include a detailed explanation and
documentation of the actions taken to complete
the tasks set forth in Section I.(A)(2) of this
agreement.
(3) The third report is due cctc er 15. 1989, and
must include a detailed explanation and
documentation of the actions taken to complete
the tasks set forth in Section I.(A)(3) of this
agreement.
(4) A final report is due on November 6. 1999 and
shall include a detailed explanation and
documentation of the actions taken to complete
the tasks set forth in Sections I.(A)(4)
of this agreement.
(5) Documentation for the purposes of this section
shall include but not be limited to reports,
findings, and drafts, and documentation of
expenditures for both match funds and grant
funds.
II. The Department agrees:
to pay a fixed fee of $30400 for work performed according
to the terms of this agreement. Payment shall be made as
follows:
(A) A payment of $7,500 will be made to the City upon
completion of the tasks set forth in Section I.
(A)(1), and receipt and approval by the Department of
the first task completion report:
(H) $3,000 upon completion of the task set forth in
Section I.(A)(2), receipt and approval by the
Department of the second task completion report and
documentation of the provision of adequate matching
funds for this payment and the first payment:
(C) $3,000 upon completion of the task set forth in
Section 1.(A)(3), receipt and approval by the
Department of the third task completion report and
documentation of the provision of adequate matching
funds; and
(D) $16,500 upon completion of the tasks set forth in
Section I.(A)(4) and receipt and approval by the
Department of the final task completion report, the
SAfa Neighborhood Improvement Plan and the
documentation of the provision of matching funds.
(E) Match documentation shall be in detail sufficient for
a proper preaudit and post audit thereof. Total
documented expenditures shall equal the amount of the
grant payment plus an equal match provided by the
City.
III. The City and the Department mutually agree:
(A) Effective Date
(1) This agreement shall begin on the date on which
•the agreement has been signed by both parties.
3 1 631
4
(2) This agreement shall end on December 1, .1989.
(B) Termination
(1) This agreement may be terminated by either party
upon no less than thirty (3o) days' notice, with
or without cause: notice shall be delivered by
certified mail, return receipt requested, or in
person with proof of delivery. Any unexpended
funds on hand on the date that the notice of
termination is issued shall be returned to the
Department by the City.
(2) Termination Because of Lack of Funds
in the event funds to finance this agreement
become unavailable, the Department may terminate
the agreement upon no less than 24 hours notice in
writing to the City. Said notice shall be
delivered by certified mail, return receipt
requested, or in person with proof of delivery.
The Department shall be the final authority as to
the availability of funds.
(3) Termination for Breach of Contract
Unless the City's breach of•this agreement is
waived by the Department in writing, the
Department may, by written notice of breach to the
City, terminate the agreement. Termination
shall be upon no less than 24 hours notice in
writing delivered by certified mail, return
receipt requested, or in person with proof of
delivery. Waiver of breach of any provision of
this agreement shall not be deemed to be a waiver
of any other breach and shall not be construed to
be a modification of the terms of the agreement.
The provision herein does not limit the Department's
right to remedies at law or to damages.
(4) Termination for Refusal to Allow Access to Records
The Department may unilaterally cancel or
terminate this agreement for the City's
refusal to allow public access to all documents,
papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and
made or received by the contractor in conjunction
with this agreement.
(C) Renegotiation or Modification
Modifications of provisions of this agreement shall be
valid only when they have been reduced to writing and
duly signed. The parties agree to renegotiate this
agreement if Federal or State revisions of any
applicable laws or regulations makes changes in this
agreement necessary or desirable.
(D) Subcontracts
(1) If the City subcontracts any or all of the
work required under this agreement, the City
agrees to include in the subcontract that the
subcontractor is bound by the terms and
conditions of this agreement.
4 1063J .
89-5i0."
(2) The City agrees to include in the subcontract.
that the subcontractor shall hold the Depar=ant
and the City harmless against all claims of
whatever nature by the subcontractor or a third
part, arising out of the performance of work
under this agreement.
(3) Review and approval by the Department shall be
required prior to entering into any subcontracts.
The City shall forward a copy of the proposed
subcontract to the Department for review and
approval by the Department. The Department shall
notify the City of its determination. Each
subcontract shall contain the phrase "Funding for
this contract is contingent upon approval of this
contract by the Florida Department of Community
Affairs."
(4) Both parties further agree that any State
institution or agency may be subcontracted with
directly to perform the work tasks authorized by
this agreement.
(5) The contractor agrees to include in the
subcontract that all works and products produced
under the subcontract shall be works made for
hire as defined in 17 United States Code section
101, and that the subcontractor shall have no
interest in such work and products capable of
copyright protection.
(E) Copyright Provision
The contractor agrees that all works and products
produced under this contract shall be works made for
hire as defined in 17 United States Code section 101,
and that the contractor shall have no interest in such
works and products capable of copyright protection.
(F) The Department's performance and obligation to pay
under this contract is contingent upon an annual
appropriation by the Legislature.
(G) Notice and Contact
(1) The contract manager for this contract is Dale R.
Eacker, Bureau of Local Resource Planning, Grants
and Publications Section.
(2) The R +ntative of the Recipient responsible
for inist ation of this contract is
City Ma n a Qpr_
(3) In the event that different representatives are
designated by either party after execution of
this contract, notice of the name and address of
the new representative will be rendered in
writing to the other party and said notification
• attached to the original of this contract.
(H) All terms and Conditions Included
This written agreement contains all the terms and
conditions agreed upon by the parties.
5 1063JL
In WITNESS WHEREOF, the parties have.caused.this 6 (six)
page agreement to be executed by their undersigned officials as
duly authorized.
City of 12�L
Demartment of Community Affairs
NAM — N
TITLE City Manager T
DATE 6/28/89 D
APPROVED AS TO FORM
AND CORRECTNESS:
JORfGE L. FEE
CITY ATTOR
2
10631L
89-SN-17-11-23-20-011
Agreement Between the Wynwood Neighborhood Improvement
District and the Department of Community Affairs
FY 1988-89
This agreement is being entered into between the Department
of Community Affairs (Department) and the Wynwood Neighborhood
Improvement District (District).
This agreement is entered into based on the following facts.
WHEREAS, the Department is required by Section 163.519,
Florida Statutes, to administer the Safe Neighborhoods Trust
Fund; and
WHEREAS, the purpose of the Safe Neighborhoods Trust Fund is
to provide planning grants to neighborhood improvement districts;
and
WHEREAS, the Wynwood Neighborhood Improvement District has
applied for and met the requirements to receive a planning grant
from the Safe Neighborhoods Trust Fund; and
NOW, THEREFORE, the Department and the District agree as
follows.
I. The District agrees:
(A) to utilize the funds provided herein to prepare a safe
neighborhood improvement plan for the District that meets
the requirements of Section 163.516, Florida Statutes. In
specific,, the District agrees to complete the following
tasks:
(1) Task 1.
(a) Appoint a safe neighborhood advisory board and
• identify and select project staff.
(b) Establish and adopt bylaws for the operation of
the District as required by Section 163.5151
(2), Florida Statutes.
(2) Task 2. The District shall conduct data collection
and perform analysis of that data to address the
following elements which shall be included in the
plan.
(a) Demographics including population, age, race,
sex, income, employment, education, housing,
and poverty.
(b) Crime activity
1. type, frequency, severity, and location of
criminal activity.
2. Determine from surveys and other research
techniques, the level of crime as perceived
by neighborhood residents.
1 3. Compare the types of crime in the District
on a per capita, citywide, and countywide
basis.
1
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10631
(c) Land use, zoning, housing, and traffic.
1. Provide an analysis of crimes related to
land use and environmental and physical
conditions of the District giving particular
attention to factors which support or create
opportunities for crime, which impede
natural surveillance, which encourage free
circulation through the District, or which
hinder the defense of social territories
perceived by residents as under their
control. These factors include streets,
alleys, sidewalks, residential blocks,
position of dwellings on a block, single vs.
multi -family dwellings, abandoned houses,
parking areas and parking lots, informal
pathways, functional areas of the
environment, traffic flow patterns, and the
existence of barriers such as fences, walls,
gullies, and thick vegetation.
2. Determine, from surveys -and other data
collection techniques, the problems of the
crime -to -environment relationship and the
stability of the neighborhood improvement
District.
3. Identify areas within the District where
modification or closing of, or restriction
of access to certain streets would assist
crime prevention and enhance neighborhood
security for property owners and residents.
(3) Task 3. Identify goals and objectives.
(a) The District shall assess the crime prevention
through environmental design strategies and
tactics that will be used to achieve the
District's goals and objectives and address the
problems identified in task 2, including
suggested physical improvements necessary for
the safety of residents in or visitors to the
District and any increased law enforcement and
security plans for the District.
(b) The District shall also identify promotional
advertising programs to be undertaken by the
District or in conjunction with businesses in
the District.
(4) Task 4. Compile cost estimates for the
implementation of the plan and identify methods of
financing.
(a) Through diagrams and written description,
specifically -identify any public funded capital
projects to be undertaken within the District.
(b) Present adequate safeguards that the
improvements will be carried out pursuant to the
plan.
(c) Present projected costs of improvements,
including the amount to be expended on publicly'
t funded capital improvement projects in the
District and any indebtedness of the District,
the county, or the municipality proposed to be
incurred if such indebtedness is to be repaid
with District revenues.
106 311
J 2-
(5) Task 5.
(a) Define the function and responsibilities of
program participants in the implementation of
the plan.
(b) Establish an evaluation system including a
schedule for executing the implementation and
evaluation guidelines.
(c) Provide for the retention of controls and the
establishment of any restrictions or covenants
running with land sold or leased for private use
for such periods of time and under such
conditions as the governing body of the city of
Miami deems necessary to effectuate the purposes
of the Safe Neighborhoods Act.
(6) Task 6. Using the information developed in tasks 2
through 50 prepare and deliver a safe neighborhood
plan that meets the requirements of Section 163.516,
Florida Statutes.
(a) The plan must include documentation of District
plan consistency with the comprehensive plans
for the City of Miami and Dade County, in
compliance with the Florida Local Government
Comprehensive Planning and.Land Development
Regulation Act, and confirmed by resolution by
the city Commission.
(b) The plan must also include maps and text
indicating land acquisition, demolition, street
modifications, redevelopment, and rehabilitation
proposed for the District, and proposed crime
reduction techniques and methods for measuring
reduction in District crime.
(H) Audit and Records
(1) Maintain books, records, and documents in
accordance with generally accepted accounting
procedures and practices. These books, records,
and documents shall sufficiently and properly
document all expenditures of -funds provided by
the Department under this agreement for a
preaudit and postaudit thereof.
(2) Assure that these records shall be available at a
reasonable time for inspection, review, or audit
by State personnel and others duly authorized by
the Department. "Reasonable" shall be construed
according to circumstances but ordinarily shall
mean during normal business hours.
(3) Retain all financial records, supporting
documents, statistical records, and any other
documents pertinent to this contract for a period
of three years after termination of this
agreement. or, if an audit has been initiated
and audit findings have not been resolved at the
end of three years, the records shall be retained
until resolution of the audit findings.
(C) Taik Completion Reports
Maintain and file with the Department at least four
task completion reports. Reports shall be completed
as follows:
IL063IL'
(3
(1) The first report is due July lo. 1989, and shall
include a detailed explanation and documentation
of the actions taken to complete the tasks set
forth in Section I.(A)(1) of this agreement;
(2) The second report is due Sentember 18. 1989, and
must include a detailed explanation and
documentation of the actions taken to complete
the tasks set forth in Section I.(A)(2) of this
agreement.
(3) The third report is due October 16. 1989, and
must include a detailed explanation and
documentation of the actions taken to complete
the tasks set forth in Section I.(A)(3) of this
agreement.
(4) A final report is due on November 6. 1989 and
shall include a detailed explanation and
documentation of the actions taken to complete
the tasks set forth in Sections I . (A) (4) , (5) and
(6) of this agreement. The final report shall
also include a safe neighborhood improvement
plan that meets the requirements of Section
163.516, Florida Statutes.
(5) Documentation for the purposes of this section
shall include but not be limited to reports,
findings, and drafts, and documentation of
expenditures for both match funds and grant
funds.
II. The Department agrees :
to pay a fixed fee of $250,000 for work performed according
to the terms of this agreement. Payment shall be made as
follows:
(A) A payment of $62,500 will be made to the District upon
completion of the tasks set forth in Section I.
(A)(1), and receipt and approval by the Department of
the first task completion report;
(B) $40,000 upon completion of the task set forth in
Section I.(A)(2), receipt and approval by the
Department of the second task completion report and
documentation of the provision of adequate matching
funds for this payment and the first payment;
(C) $40,000 upon completion of the task set forth in
Section I.(A)(3), receipt and approval by the
Department of the third task completion report and
documentation of the provision of adequate matching
funds; and
(D) $107,500 upon completion of the tasks set forth in
Section I.(A)(4),(5) and (6) and receipt and approval
by the Department of the final task completion report,
the Safe Neighborhood Improvement Plan and the
documentation of the provision of matching funds.
(E) Match documentation shall be in detail sufficient for,
a.proper preaudit and post audit thereof. Total
documented expenditures shall equal the amount of the
grant payment plus an equal match provided by the
District.
4
/V
e Department mutunl,ly ngratot
(A) Effective Date
(1) This agreement shall bagin can t.hrm OA i�at tjtl Wh # r111
the agreement has been s ignad by ► uth lam tb.f;1. ops
(2) This agreement shall and on bod ambo t- 1. , :10 q 4 .
(B) Termination
(1) This agreement may be tarminatsd W1 41thot° p.4t.�v
upon no less than thirtf (30) day/fit'
or without cause; notices stall b* 4a1110f04 tr'I
certified mail, return racelpt r*,V)** :*d, oye ftr
perscn with proof of Air/
or, hand = the dat* tp? t ttwo h6t .3* ey"t_
cevax-t=en::-, 1: the
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(D) Subcontracts
(1) If the District subcontracts any or all of the
work required under this agreement, the District
agrees to include in the subcontract that the
subcontractor is bound by the terms and
conditions of this agreement.
(2) The District agrees to include in the subcontract
that the subcontractor shall hold the Department
and the District harmless against all claims of
whatever nature by the subcontractor or a third
party arising out of the performance of work
under this agreement.
(3) Review and approval by the Department shall be
required prior to entering into any subcontracts.
The District shall forward a copy of the proposed
subcontract to the Department for review and
approval by the Department. The Department shall
notify the District of its determination. Each
subcontract shall contain the phrase "Funding for
this contract is contingent upon approval of this
contract by the Florida Department of Community
Affairs."
(4) Both parties further agree that any State
institution or agency may be subcontracted with
directly to perform the work tasks authorized by
this agreement.
(5) The contractor agrees to include in the
subcontract that all works and products produced
under the subcontract shall be works made for
hire as defined in 17 United States Code section
101, and that the subcontractor shall have no
interest in such work and products capable of
copyright protection.
(E) Copyright Provision
The contractor agrees that all works and products
produced under this contract shall be works made for
hire as defined in 17 United States Code section 101,
and that the contractor shall have no interest in such
works and products capable of copyright protection.
(F) The Department's performance and obligation to pay
under this contract is contingent upon an annual
appropriation by the Legislature.
(G) Notice and Contact
(1) The contract manager for this contract is Dale R.
Eacker, Bureau of Local Resource Planning, Grants
and Publications Section.
(2) The Representative of the Recipient responsible
for the administration of this contract is
Xavior ! SIIarP7 , Chairman
(3) In the event that different representatives are
designated by either party after execution of .�
this contract, notice of the name and address of
the new representative will be rendered in
writing to the other party and said notification
attached to the original of this contract.
6
106131
(H) 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 7 (seven)
page agreement to be executed by their undersigned officials as
duly authorized.
Wynwood Neig rhoo
Improvement istr' t
NAME
TITLE CHAIRMAN
DATE 6/28/89
APPROVED AS TO FORM
AND CORRECTNESS:
A4
JORGE L. F ANDEZ
CITY ATTORftY
t
7
Department of Community Affairs
.0
;b IAMly FL��I�A
lr:l SAP 29 1,�1 9: (I �. =6AL t_CE
Atl inter�bted parso�i>3,Itiii1 faits hotiod #hat on tlto`i4ih day
P�) t� " r t 'c? .ti' of Sa3ptbmbal, 19A9, thg City Coin nlbMbh of MI*hi i-1-6
i ' ' � � . +; ': 1 64160ted thdrfittll6l rlli � latf�o�tlih no9s;, �,"
ORDINANCE NO,10830 `
rIT (� ,+ ;� f_ L. AN EMERGENCY.ORDINANCE ESTABLISWiNG A NEW;
SPECIAL REVENUE: FUNb'ENTITLED SOLID WASTE
rREDUCT{ON,�;RECYCLING AND EDUCATION.(FY
APPROPRIATING FUNbS FOR THE DEVELOPMENT AND
IMP,LEMENTATtON ,,.O:F. SAME;,IN, 7ACCORDANCE WITH -'
SECTION= d03 766(4) FLORI4 STATUTES4 iN THE ;+
AMOUNT,,OF,$518�050,;CONSISTING OF Art4i '840'w
RECYCLING PROGRAM'GRANT,;;AND A;iO3;2'i0 ,
RECYCLING EDUCATION GRANT FROM THE 91ATE O.F k
`FLORIDA, bEPARTMENT OF ENVIRONMENTAL REGU'
CATION, IN ACCbfibANCE WITH fiHE`,STATE'C FLOR "x i
IDA:SOLID WASTE. MANAGEMENT, GRANT, RULE iT7ii!l- �•
AND-•SECT.ION, 403•.7095 FLO.RIDA <STATU'TES, x
'CONTAINING 'A REPEALER ;PROVISIOWAND;;A SEVER;;;
ABILITY CLAUSE '
MIAMI REVIEW AN EMERGENCY ORDNANCEESTABLISHINO NEW :�
SPECIAL`REVENUE;FUND ENTITLED:,
Published Daily except Saturday, Sunday and i NEIGHBORHOOD IMPROVEMENT.D{STRICTSPECIAL,;
Legal Holidays REVENUE,, FUND FY'89-'90"; APPROPRIATING FUNDS'.'=
Miami, Dade County, Florida. THEREFOR IN THE 'AMOUNT OF,;$280;000hTO :bE t
RECEIVED FROM' THE• FLORIDA;DEPARTMENT `OF
STATE OF FLORIDA COMMUNITY 'AFFAIRS; CONTAININGxREPEALER PRO•
COUNTY OF DADE: VISIOWAND:A SEVERAMLITY CLAUSE r,y
Before the undersigned authority personally appeared ORDINANCE N0 !q$32
Octelma V. Ferbeyre, who on oath says that she Is the AN EMERGENCY ORDINANCE, WITH ATTACHMENT;
Supervisor of Legal Advertising of the Miami Review, a daily OF THE.MIAMI CITY,,COMMISSION AUTH,ORIZiNG AND,,,
(except Saturday, Sunday and Legal Holidays) newspaper, APPROVING; THE `EXECUTION OF Au PARTICIPATION 'j
published at Miami in Dade County, Florida; that the attached AGREEMENT iN,SUBSTANTIALLY THE FORM ATTACH'
copy of advertisement, being a Legal Advertisement of Notice TO EVIDENCETHE;LOANING,OF FUND5 IN AN'AMO NT,
In the matter of NOT, TO EXCEED`$8,500,000.00 FObM HE'FIRbu`{` MONK-,,
CITY OF MIAMI IPAL: LOAN:,COUNCIL'S POOLED LOAN; PROGRAM;TO-
THECITY'OFM(AMI:FLORIDA, FOR THE DEPARTMENT •,`
ORDINANCE NO. 10631 OF OFFSTREET PARKNG.
'bRDINANCE N0.10893
AN EMERG ENCYDRbINANCE'AMENDING CHAR` E
39,,ARTICLE::11, S CTION 31��!7(1.1j OF THE CODE OF i'
THE CITY OF,MiAIViI BYfuEXTENDING�THE-PROHIBITION:
0NVENDINO.WITHIN THE FLAGLER DEMONSTRATION
In the .. X X X Court, BLOCK (NORTH AND SOUTH SIDES OF FLAGLER i
" " " " " " " " "' STREET BETWEEN MIAMI AVE IJE AND EAST FIRST;
was published In said newspaper In the Issues of AVENUE) ,FOX , bNE ;YEAR, COI TAI lwA. REPEALER
PROVISION A DA•SEVERABILITY CLAUSE u
September 26, 1989 =''°ORDINANCE'NO i0834 1 �•
AN ORDINANCE AMENDING SECTION .b OF ORDI=
NANCE NO 10521 AS AMENDED, ADOPTED NOVEMBER
17, 1988, THE CA�'ITAL IMPROVEMENTSAPPROPRIAT
Affiant further says that the said Miami Review is a
INORDINANCE, BY ESTABLISHING A NEW"CAPITAL
newspaper published at Miami In said Dade County, Florida, IMPROVEMENT•'PROJECT; ENTITLED;':"POLICE?DEPARTj'
and that the said newspaper has heretofore been continuously MENT 911?`EMERGENCYBACKUP SITE" AND APP.RO;„
published in said Dade County, Florida each day (except pRiATING'EUNDS IN?THE`AM,OUNT>OF $346;000 i=ROM;.'
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami In said 7HE'EMERGENCY'.911'SYSTEM,SERVICE .FEES,;AND.
Dade County, Florida, for a period of one year next preceding $52,8QQ FROM THE.1984 pOLi'dE'GENEFIAL OHUGATION;
the first publication of the attached co advertiasmsny and BONDS; FOR THE L'URPOSE OF PROVIDING'UNINTER
afflant further says that she has n r pal nor promised any
pars firm or corporation an aunt, bate, commission RUPTED',EMERGENCY_SERVICE3 TO"THE.COMMUNITY'
or and for the purpose o ring th adve tisement for IN THE EVENT OF'EVACUATION FROM ITS CURRENT` "!
p lic I t aid no r. I:OCATION
ttttitti N G� ORDINANCE NO 10696 G i
AN'ORDINANCE AMENDING SECTIONS,1, 4 and.5 OF
�.�� ; • • • • """ ORDINANCE NO:10484',THE ,ANNUAL APPROPRIATIONS.'
•��� ,qn '. ORDINANCE FORASCAL YEAR ENDING,SEP..TEMBER
SworR7ro�erut su6gcribed b lore me this 30;.1989;.:AS ,AMENDED, FOR THE P•URPOSETOF
1MPLEM,ENTING :BUDGETARY ADJUSTMENTS, TO .:
26. = try*a . , . r � ..., .D. 19. 89... COMPLY• WITH GENERALLY ACCEPTED ACCOUNTING
fie`'' ....._ .
PRINCIPLES W5:OUTONED BY THE CITY'S EXTERNAL'
�-1 AUDITORS; CONTAINING A REPEALER`PROVISIOWAND
.. d ofbt Sanch I : T SE.
Notary a I to of FI a at Large
A SEVERABILITY CLAUSE.
�� ORDINANCE NO 10638
(SEAL) �s' Fl• • • • • P� ��AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC
My Commissl6yq��lgq`�, 1991. `BEVERAGES; ARTICLE I IN GENERAL, OF,THE CODE
fitnt OF THE CITY: OF MIAMI, FLORIDA, BY,ADDING A NEW
MR 115 PARAGRAPH-:TQ SECTION 4•3 (a) WHICH 'DEFINES A
'RETAIL SPECIALTY CENTER; BY'AMENDING•PARA-.
GRAPH (3) AND (5)'OF SECTION 4.3,(g)"TO' ESTABLISH
.;
HOURS OF..';OPERATION:FOR SAID:RETAIL SPECIALTY`:
CENTERS;' BY ADDING'A NEW SUBSECTION '((pTO SEG ..,
TION 4.14 TO PROVIDE AN EXCEPTION FROM DISTANCE
SEPARATION REQUIREMENTS, LIMIT THE,NUMBER OF
',ESTABLISHMENTS ANDAESTRICT SIGNS FOR AND 1W,`:'
RETAIL SPECIALTY CENTERS) CONTAINING" _..`
REPEALER,AROVISIONAND ,ASEVERABILITY,CLAU9
AND PROVIDING AN EFFECTIVE PATE.
ORDINANCE I40.1007
AN, ORDINANCE AMENDING ;SECTION 11,6F ORDIr .'
NANCE .NO; 10521, AS AMENDED, THE.cAOITAL
iMRROVEMENT A(�PROP.RIATION$ ORDINANCE:I3Y:..
INCREASING THE TOTAL APPROPRIATIONS,TO;THh,;;.
CAP.1 AL.PROJECT ENT•ITLi. . `,'SO,UT-.H E,AST::;
OVERTOWO/PARK,WEST RPDEVELOP..MENTIP.HASE 1" .
PROJECT,NO." U2029.13Y $7.19;741; •SAID AMOUNT WITH
FUNDS AVAILABLE, FROM FUNDS RECEIVED FROM THE
URBAN FROy{SION AND'A.SEVEAA61LITY CLAUSE
ORDINANCEINQ 10. _
AN-ORDINANCE,AMENDING ORpI.NANCe„N,Q,0�5,`
ADOPTED JULY 14, 1$8$,. WHICH MAKI HED THE
MIAMI WATERFRONT ADVISORY BOARD, BY REQUIR
MR 144 ING THAT THE BOARD SHALL BE INFORMED OFALL
4 ISSUES CONCERNING THE MAJOR DEVELOPMENT
i AND/OR DISPOSITION OF CITY -OWNED WATERFRONT
PROPERTY FOR ITS INPUT AND ADVICE AT THE SAME
TIME OR BEFORE OTHER CITY COMMITTEES OR
BOARDS ARE INFORMED OF SAID ISSUES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN THE CITY
CODE.
ORDINANCE NO.10030
1 AN EMERGENCY ORDINANCE AMENDING SECTION
I 54.100 OF THE CODE OF THE CITY OF MIAMI, FLORI-
DA, AS AMENDED, SUBSTITUTING AN 'IRREVOCABLE"
PERMIT FOR A"REVOCABLE" PERMIT IN SAID `SEC-
TION AND FURTHER PROVIDING THAT'A GUARD,GATE
WHICH DOES NOT COMPLETELY HINDER PUBLIC
ACCESS ALONG THE RIGHT•OF�WAY SHALL BE
AUTHORIZED WHEN SAID GUARD GATE IS I_N-STALLLED
AS PART OF e--
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10631
X X X
In the ......................................... Court,
was published In said newspaper In the Issues of
September 26, 1989
Affiant further says that the said Miami Review is a
9peper published at Miami In sold Dade County, Florida,
that the said newspaper has heretofore been continuously
fished in said Dade County, Florida each day (except
relay, Sunday and Legal Holidays) and Iras been entered as
Ind class mail matter at the post office In Miami in sold
s County. Florida. for a oerlod of one year next preceding
that she has natWr paltf nor
or c
the
?9uaqrIbd
........
n 7roSwor�antore me this
2 6. �
+ Y.o .. " "r A 19. 89
.. .
^-►
(�'• �•�t Sanch
Notary a� Il I is of FI a at Large
(SEAL)�(• o' r't�� • P�,``���``
My CommIss(f3y1p fl ll�g0,`�i, 1991.
MR 115
AR 144
IAt. UN, IN ACCORDANCE WITH THE BTATE OF FLOR?
iDA SOLID WASTE MANAGEMENTGRAN7 RUtE 1i•7iEIr'
AND>,8ECTION 403,1008 FLORIDA STATUTI18, '.
CONTAINING 'A REPEALER PROVISION AND A §tVM..r.
ABILITY CLAUSE. 4`000INANCE NO.,1081'1
AN EMERGENCY ORDINANCE 'ESTAfKISHIN A� 1EN' '
SPECIAL REVENUE FUND ENTITLED,11WYNWOOD SAPS
NEIGHBORHOOD IMPROVEMENT, oisfniCT PWAL;
REVENUE FUND FYW90"; APPROPRIATING; FUNDS .,
THEREFOR IN THE AMOUNT -OP, E286,170<1 TOiRE
RECEIVED FROM THE FLORIDA,bEPARTMENT OP '-
COMMUNITY AFFAIAS; CONTAINING A REPEALER PA0'..
VISION AND A SEVtRABILITY:wLAUSE; <;x
ORDINANCE NO.10632
AN.EMERGENOY,,ORDINANCE; WITH ATTAOHMENT,;
OF THE MIAMI .CITY COMMISSION.AUTHOR1ZiNG ANDS
APPROVING THE EkECUTION OP, A PARTICIPATION'
AGREEMENT;iN•SUbSTANTIALLY k Fdpp' M ATTACHED,;
" TO SVIbENCE THE LOANING OF FUNtiS IN.AN AMOUNT
NOT TO EXCEE046,600,000.06 FROM THE FIRST.MUNIC,`
1PAt ! LOAN, COUNCIL'S POOLED LOWPROOAAM' TO'
THE CITYiOF;MiAMl; FLORIDA; FOR THE 150ARTMENT,- ;
OF OF
i: STREET PARKING { I
iORDINANCE NO. _16M
AN, EMERQENCY ORDINANCE,,AMENDING CHAP!ER+
39, ARTICLE' 11, SECT.ION 3017(11) OF THE CODE OF:
TH CIYY OF ►uIIAMI,gY,EXTENDING THE PROHIBITION: ;
` 'ON VENbING WITHIry THE FLAGLER t)EMONSTRATiON:"
LOCK (NORTM At�b SOUTH SlbgS OF FLAGLER S B
TREET BETWEEN 'MIAMI. AVENUE .AND EAST FIRST y
AVENUE)F013Niy ONEEYEAR; CON�AINIIG A REPEALER:
PROVISiO�J A'A'SEVERABIL)TY CLAUSE ; `t}
�`r "bRDINANCENO: i0839
ANCE ORDINANCE' AMEND•INQ SECTION 1,OF ORbI, t
NANNO 10521 AS`AM NDED, ADOPTED NOVEMBER,
17, 1913$,'fHE''CAWAL IMPROVEMENTS"APi'ROPRiATe,^
iNG;ORDINAHCE; BY ESTABLISHING A NEW :CAPITAL
"'IMPRdVEMENT PROJECT' ENTITLED,>"POLICE:DEPART r
`"'PRIATINGj FC
THE;EMERG
$52 f100 FRO•h
f30�lDS, FOR
RUPTED EME
iN fHS EVEi
LOCATION. '
ANC ORDIN
ORDINANCE
ORDINANCE
30, ; f,989,rA
IMPLEMEN
COMPLY WI
? •�:PRINCIP,LES
AUDITORS;.
A SEVERABI
WIT
AN ORDIN
BEVERAGES
OF`THE CI
'PARAGRAPH
RETAIL': SPE
" GRAPH (3) `A,
HOURS'OF C
'- `iCENTERS `Bl
TION 4.14 TO
G•:
ORDINANCE NO 10636
ANCE AMENDINGSECTIONS 1,';4,and S.OlF,
N0,.10484, THE ANNUAL APPROPRIATIONS;.
FOR FISCAL YEAR ENDING.SEPTEMBER:
S ;AMENDED, FOR THE PURPOSE �OF; ;
TING;.BUDGETARYt AD"J_USTMIENTS TO
GENERALLY` ACCEPTED` ACCQUNTIN13
'AS:OUTLINED BY THE;CITY'S.EXT1 0"' ,L';,.
CONTAINING A REPEALER'PROVISio' AND_
LiTY CLAUSE
ORDINANCE NO 10636
ANCE AMENDING CHAPTER 4, ALQOHOLIC.,,
,~ARTICLE I IN. GENERAL;.OF:THE CODE:,.
TY=OF MIAMi. FLORIDA, BYADbiNG A" NEW
'TO SECTION `4.3 (a) WHICH DEFINES A.
CiALTY. CENTER; BY AMENDING PARk
ND'(51 OF.SECTION:4-310,70ESTABLISH`
SEPARATION; REQUIREMENTS, LIMIT'T,HE NUMBER OF'':'
'ESTABLISHMENTS,AND RESTRICT SiGNS,FOR AND IN'
RETAIL SPECIALTY CENTERS; .CON1�AlN!,.
REP,EALER'PROVg6N AND, A'SEVERA!3'0fY'CLAUSE;'
AND PROVIDING AN EFFECTIVE DATE:
ORDINANCE 140.16637
AN ORDINANCE 'AMENDING SECTION 1 ,OF ORDI
NANCE NO: 1052i, AS AMENDED; THE CAPiTAL .
IMPROVEMENT, "APPROPRIATIONS :ORDINANCE t3Y;
INCREASING TH.E TOTAL APPRaPRIATIONS;;=TO..THff''
CAp1TAL, PROJ ECT. ENTITLED '':SO.UT;H :EAS1
OVERTOW0ARK,WEST.'REDEVELOPMENTIPHASE
PROJECT:NO: 322029.BY $7,19;741�.SAID AMOUNT•..WITH .:;
FUNDS AC/AILABLE.FROM FUNDS': RECEIVED, FROM SHE '+
URBAN ,p VISON AND A:SEVERABjLiTY CLAUSE , y
ORDINANCE? NO.•:16638
AAI�A�r11N�A Rin G'A'lil GAIt11 �.In"f1OTIL1`A wlncwln �nlcn:::.'M.
I,.�,rrnn,,;lnrovnnu anr��u pc,lrvrvnmcuvr;;r+t.t. >-
ISSUES CONCERNING THE' MAJOR. DEVELOPMENT
AND/OR=DISPOSITION OF `CITY OWNED WATERFRONT;'
PROPERTY FOR ITS INPUT AND ADVICE AT THE SAME
TiME OR BEFORE' OTHER CITY COMMITTEES,OR
BOARDS ARE INFORMED OF SAID, ISSUES, CONTAINING
A -:.REPEALER .PROVISION: AND A7.SEV•ERABiLITY_.. .
;:.CLAUSE; PROVIDING' FOR` INCLUSION- IN THE CITY'`.
CODE.
ORDINANCE NO 10¢39
AW EMERGENCY' ORDINANCE `AMENDING -SECTION
} 54.100 OF THE CODE OF THE CITY OF MIAMI, FLORi
11 DA, AS AMENDED, SUBSTITUTiNG`AN'`-'IRREVOCABLE
PERMIT FORA. "REVOCABLE" PERMIT iN SAID SEC-
TiON'AND FURTHER PROVIDING THATA GUARD GATE
WHICH DOES NOT COMPLETELY; HINDER; PUBLIC'
ACCESS ALONG THE RIGHtOF•WAY.,S.HALL BE
AUTHORIZED WHEN SAID GUARD GATE IS INSTALLED ,;
`AS PART OF A GOVERNMENTALLY OPERATED"PROJ
ECT OR AS AN ELEMENT OF A SPECIAL TAXING D1S.'!`
TRICT; .CONTAINING A REPEALER PROVISION AND. A
SEVERABILITY CLAUSE
Said ordinances may inspected by the public at the;;
Office of the Clty Clerk, 3500 Pan American Driye;, Mlaml,
Florida, Monday. through Friday,, exaluding'holldayej'WaYeen.
=the hours of 8.60 4.m. and 5:00 p.m.
MATTY HiRAI
CITY CLERK
,1 (6186)
MIAMI, FLORIDA, +
9126, _ , 89-!F.092637M `