HomeMy WebLinkAboutR-89-0577A
RESOIyUTIOfQ NO. 99"�4i'
A RESOLUTION, WITH ATTACHMENT, ACCEPTING A
STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM
GRANT IN THE AMOUNT OF $30,000 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE
PROVISION OF TECHNICAL ASSISTANCE TO THE
WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT
DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami has applied for a State of
Florida grant under the Safe Neighborhood Program to support
Planning Department expenses in employing the services of Crime
Prevention Through Environmental Design (CPTED) Certified
Technical experts; and
WHEREAS, said State grant, in the amount of $30,000, has
been awarded to the City of Miami by the Florida Department of
Community Affairs; and
WHEREAS, required matohing funds for said grant in the
amount of $30,000 is available from Community Development Block
Grant funds in the form of in -kind services from existing staff
in the City of Miami Planning Department;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
c,
Section 1. A State grant in the amount of $30,000 is hereby '
accepted for technical assistance in connection with the
organizational and planning efforts of W nwood Safe Neighborhood t
organize p g Y 3;-
f -
3
Improvement District.
Section 2. The City Manager is hereby authorized to execute
the attached agreement, substantially in the form attached, with
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approval of the Law Department, with the Florida Department of
i
Community Affairs to provide technical assistance for the Wynwood
Safe Neighborhood Improvement District.
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REsoDUTION No
A RESOLUTION, WITH ATTACHMENT, ACCEPTING A
STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM
GRANT IN THE AMOUNT OF $30,000 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE
PROVISION OF TECHNICAL ASSISTANCE TO THE
WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT
DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
y
WHEREAS, the City of Miami has applied for a State of
Florida grant under the Safe Neighborhood Program to support
Planning Department expenses in employing the services of Crime
Prevention Through Environmental Design (OPTED) Certified
Technical experts; and
WHEREAS, said State grant, in the amount of $30,000, has
been awarded to the City of Miami by the Florida Department of
Community Affairs; and
WHEREAS, required matohing funds for said grant in the
amount of $30,000 is available from Community Development Block
Grant funds in the form of in -kind services from existing staff
in the City of Miami Planning Department;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. A State grant in the amount of $30,000 is hereby
accepted for teohnioal assistance in connection with the
organizational and planning efforts of Wynwood Safe Neighborhood
Improvement District.
Section 2. The City Manager is hereby authorized to execute
the attached agreement, substantially in the form attached, with
approval of the Law Department, with the Florida Department of.
Community Affairs to provide technical assistance for the Wynwood
Safe Neighborhood Improvement District.
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FRIPARND AND APPAOVZD RY! ,
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_ HP ASSISTANT CITY ATTOMM
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CORRECTNESS:
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e ent hetveen the City of Miami and The bapartsent of
Covaunity Affairs
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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.
S. 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 (CPTED) 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
j
Afthourement of future reductions of stun within
bistrict; advieat in CPTtb taft9, hOW to relate
analysis of transportation systems to the needs of
existing 1Wyhvood employers, and to the goal of
attracting new industries.
(3) flask 3. Review alternative crime prevention
strategies prepared by local staffs; advise as to the
i and to feasibility of
(4)
nationwide experience n reg
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 CPTEb
concepts through the press, television,
illustrations, models and renderings.
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
ithin
the District; review estimates of costs applicable
the implementation of the plan.
tH) 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
and of three years, the records shall be retained
}
': i
ass sgeat� report is due
e,aher gig.: and
Must include a detailed explanation and
documentation of the actions taken to cooflete
the tasks set forth in Section i•(A)(2)
his
agreement.
(3) The third report is due October 16, 19s39, and
Must include a detailed explanation and
documentation of the actions taken to complete
the tasks set forth in Section I•(A)(3) of
is
agreement.
(4) A final report is due on No er 9$9 and
shall include a detailed explanation and
documentation et (A)(4)to mplete
the tasks s
of this agreement.
of this section
( Documentation for the purposes
shall include but not bedlimited
documento repoofsi
findings, and drafts, an
expenion
ditures for both match funds and grant
funds.
I, The Department agrees:
a fixed fee of $30,000 for work performed according
to pay Payment shall be made as
to the terms of this agreement. Paym
follows:
(A) A payment of $7,500 will be made to the City upon
completion of the tasks set
forth
bintSection I. Department of
(A)(1), and receipt and approval
the first task completion report;
(g) $3,000 upon completion of the tas set rthein
Section I.(A)(2), receipt and approval by
Department of the second taicofpadequate matching
and
documentation of thepra�dsonthe first payment;
funds for this paymn
(C) $3,000 upon completion of the task et byrtheth in
Section I.(A)(3), receipt an approval
Department of the third task completion report and
documentation of the provision of adequate matching
funds; and
(p) $16,500 upon completion
handaapprovalset fby theorth n
Section I.(A)(4) and receipt
Department of the final task completion report, the
Safe Neighborhood Improvement Plan and the t'in of the provision of matching funds.
documenta o
be in dthereof.tail sufficientfor
( E
Match documentation shall l
audit
a proper preaudit and post the
the amount
documented expenditures sallmatgh provided by the---.
an equal
grant payment plus
city.
City and the Department mutually agree:
1ZI. The
(p)
6
Effective Datedate
WWhl
( �,) This agreement shall begin On theboth s�►i��Ch
the agreement has been signed by p
,Y
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�i � � r! •.w rWwr ter. a �� ��rr� w�rj _
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 '
BMW R
(1) If the City subcontracts any or all of the
work required under this agreement, the:Ci.t
xr�
agrees to include in the subcontract that the
subcontractor is bound by the terms and�r_�
conditions of this agreement, " y
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ON- _
a-,
the City etiraea to iftellida in tha WW*Atr&Ct
r..
a that the aubcontractor ab&ll hold the hep►art meat
F ,
and the City harmless against all e-laims of
whatever nature by the subcontractor or a third -
party arising out of the performance of work
under this agreement.
(2) 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.
(s) 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.
(2) 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 r'
appropriation by the Legislature. #_
(G) Notice and Contact
(1) The contract manager for this contract is Dale R.
Eacker, Bureau of Local Resource Planning, Grant
and Publications Section.
(2) The Representative of the Recipient responsible
for the administration of this contract is
(3) In the event that different representatives are
} designated by either party after execution of
_ this contract, notice of the name and address of {:
t the new representative will be rendered in ?
writing to the other party and said notification
attached to the original of this contract.,={
1 ,;) All terms and Conditions Included a�'MPA
This written agreement contains all. the 'terms
cnditions agreed upon by the parties.
e
A D CORRECTNESS 3
JORGE L. 7E d DEZ
CITY ATTOR
l
s
� P
14
Transmitted herewith please find a letter dated Deoember 18,
1089, oontaining the original signatures of Thomas G. Pelham*
Seoretary, Florida Department of Community Affairs (DCA), and
Cesar N. Odio, City Manager, pertaining to DCA's Contraot No. 89-
SN-11-11-23-02-010. This is the Teohnioal Assistanoe Contraot,
in the amount of $30,000 for the Wynwood Safe Neighborhood
Improvement Distriot. This item was inadvertently sent to the
Planning Department.
Please__attaoh said lettex/to Resolution NO._ AA-B7ry_ d_Ated
I Y 4 0 t f N t t A V I E W O R I V E • T A I. I A H A 5 S E E, F L U B I O A 3 1 3 9 9
THOMAS G. I EI.HAM
um MAfC'i'iNU
December 15; 1989 „,
yr- co
Mr. Cesar R. odio
City Manager
City of Miami
post office Box 330708
Miami, Florida 33233-0708
Re: Modification No. 1, Contract No. 89-SN-17-11-23-02-010
Dear Mr. Odio:
�.
The Florida Department of Community Affairs and the City of
Miami currently have a contract (No. 89-SN-17-11-23-02-010,
Neighborhoods
iy
effective June 29, 1989), relative to the Safe
It
Trust Fund.
'!
Miami, in a letter dated November 29, 1989, requested an
to Section IYI.(C) of the con -
extension to the contract pursuant
extension
for amendments through written agreement.
tract, which provides
a`
Based upon the city's request, the following modifications
(3), and (4) of the contract.
=; E
are made to Sections I.(C)(1), (2),
t`
(1) The first report is due December 22, 1989
j'
(2) The second report is due January 26, 1990
!
(3) The third report is due March 3, 1990
Vi
i.
(4) The final report is due on June 2, 1990.
Section III.(A)(2) has been changed to read:
(2) This agreement shall end on June 30, 1990. _
All other provisions of the contract are still in effect and -
This modifica-
are to be performed as specified in the contract.
November 30, 1989, and is hereby made a part
tion is effective on
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
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