HomeMy WebLinkAboutR-89-0577.1' RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, ACCEPTING A
STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM
GRANT IN THE AMOUNT OF $250,000, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR THE
PREPARATION OF A SAFE NEIGHBORHOOD
IMPROVEMENT PLAN FOR THE WYNWOOD SAFE
NEIGHBORHOOD IMPROVEMENT DISTRICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami and the Wynwood Community
Economic Development Corporation have applied for a State of
Florida planning grant under the Safe Neighborhood Program to
prepare a Safe Neighborhood Improvement Plan; 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 matching funds for said grant in the
amount of $250,000 is available in the form of in -kind services
of $45,000
from the City through
its General Fund and
Community
Development
Block Grant funds and
$205,000 from various
community
organizations servicing the Wynwood community;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. A State grant in the amount of $250,000 is
hereby accepted for the purpose of preparing a Wynwood Safe
Neighborhood Improvement District Plan.
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 prepare a Safe Neighborhood Plan for the
Wynwood Safe Neighborhood Improvement District.
Section 3. This Resolution shall become effective
immediately upon its adoption pursuant to law.
CITY COMMISSION
MEETING OF
JUN 22 1989
�- � - - „u _ -_ - --
Agreement Between► the Wynwood Neighborhood improvaAant
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.
1, pravide an analysis of crimes related t6
laud use and environmental and physical
Conditions of the District giving partioula
attention to factors which support of create
Opportunities for crime, which impede
natural surveillance, which encourage free
circulation through the District, or which
hinder the defense of social territories
4 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 otner aaza
3 collection techniques, the problems of the
I crime -to -environment relationship and the
stability of the neighborhood improvement
j District.
i
Identify areas within the District where
36 modification or closing of, or restriction
of access to certain streets would assist
crime prevention and enhance neighborhood
security for property owners and residents.
O Task 3. Identify goals and objectives.
(a) The District shall assess the crime prevention
through environmental design
str
achieveithees and
tactics that will be used to
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
�1
advertising programs to be undertaken by the
District or in conjunction with businesses n
the District.
-� Compile cost estimates for the
Task 4.
implementation of the plan and identify methods of
financing.
(a) Through diagrams and written description,
=s specifically identify any public funded capital
projects to be undertaken within the District.
�i (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 publicl
. ,
- funded capital improvement projectsn the -
".. District and any indebtedness of the District, r
:.. the county,
or the municipality proposed toe
.ncurred if such indebtedness is to be, xspai�l,
with District revenues.
"UNMA
yl
tyX+-'r"7'i''i-xt�%`titi+
s 4 a h� {a iyYt is
`-V�$ tty3tt "i
71
svNi
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.
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.
Audit and Records
(1)
(9) task S
(a) Define the runction and respoftaibi.iiti:es of
p alms participants in the ieplement-Atift 6f
the plan.
(b) 96tablish an evaluation system including a
Y
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.
(4) Task 6. Using the information developed in tasks 2
through 5, prepare and deliver a safe neighborhood
plan that meets the requirements of Section 163.516,
Florida Statutes.
(a)
(b)
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 V%
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
ra
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
5 and audit findings have not been resolved at this
end 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 compi
as follows:
V y
�gzi Y'
c,C*r' i
` r ,ar' aY i
L
1 1 t3 S Lea ik 'V
� M1
REL
{
(i) The first report is due July _l0s 1989, and shall
include a detailed explanation and documtritatiorri
of the actions taken to complete the tasks set
firth in Section I.(A)(1) of this agreamefitot
(2) The second report is due September_18. 1989, and
Rust 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 1.(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 g
Department agrees
P
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
l the first task completion report;
(8) $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
9
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 aFf ?
r r t�✓. �` r t v
r �ur`vRri��r+ is '
` p�5 �-
AI U,
t r Y F a '�+k, Ah
t
S
!- NaLW
The District and the Department rdutially agree:
(A) Ittective Date
This agreement shall begin on the date on whiff
the agreement has been signed by both parti+ess
(l)
(2) This agreement shall end on December 1, 1949.
(11) Termination
(1) This agreement may be terminated by either part;
upon no less than thirty (30) 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 District.
(3) 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 District. 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 District's breach of this agreement is
waived by the Department in writing, the
Department may, by written notice of breach to the
District, 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 -
j 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 District'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 b
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
livable laws or regulations makes changes in this' £_
aPP 9 9 r
agreement necessary or desirable. tU
9 fi 1.
h
��� �`tibcoi�tf'acts
(i) 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 1010
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
(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.
}
9 %i i •.
kk
,-,,fti Q1}
77 d
",�i�-
gE
Ar
ATTESTAg
p
'7A TY- HIRAI
APPROVED AS TO VORrs
knin CORpincriEsS
{
'
y�, #
1 bIWY'k
GE TE
CITY ATTO?
r
[���yy fv. kyipt
2 N t-4 " `{ r
_ e j{��
I ECF-- I%,'ED
Cii
CItY OF MIAMI, FLOAIDA
1NTEA-OFFICE MEMOAANOUM
Honorable Mayor and Members DATE JUN 2 1 SIA FILE
of the Cit. Commission WOJECT WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT
DISTRICT - Agreements between City of
Miami and Florida Department of
REFERENCES Community Affairs; and City of Miami
(Wynwood Neighborhood Improvement
Cesar H. Odio ENCLOSURES District) and Florida Department of
City Manager Community Affairs
RECOMMENDATION
it is respectfully requested that the City Commission authorize the City Manager
to execute the following Wynwood Safe Neighborhood Improvement District agreements
between the City of Miami and the Florida Department of Community Affairs as
follows:
1. Agreement between the City of Miami and the Department of Community Affairs FY
1988-89 in the amount of $30,000 for technical assistance; and
2. Agreement between the City of Miami (Wynwood Safe Neighborhood Improvement
District) and the Department of Community Affairs FY 1988-89, in the amount of
$250,000, for the preparation of a Wynwood Safe Neighborhood Plan.
This item is being presented to the City Commission as an emergency item due to a
request made by the Florida Department of Community Affairs on June 7, 1989, to
execute the agreements no later than June 16, 1989. By letter of June 16, 1989,
the City Administration requested that written permission be granted for
additional time to allow referral of the contracts to the City Commission for
consideration and approval on June 22, 1989. Mr. Roger Wilburn, Planning Manager,
Safe Neighborhood Improvement Program, gave the City Administration verbal
approval of its request. Upon City Commission approval, a fascimile copy of the
signed contracts will be forwarded to the Department of Community Affairs (DCA) on
June 23, 1989.
fiACKGROUND
The City Commission has previously approved the following ordinances relating to
the Safe Neighborhood Program within the City:
—=k
- 1. Ordinance 10405 (3-24-88) City Wide Safe Neighborhood Program enabling
i ordinance.
2. Ordinance 10406 (3-24-89) creating the Wynwood Safe Neighborhood Improvement
District.
3. Ordinance 10522 (11-17-88) amending Ordinance 10406. '
Attachments
� � s
ssh �
'` ` l�,' '+t �.�� � �K � 1 � k 1�,�` LSE � i ,�, � �'•� � ��� � q A '�
x
cWt,
'kOR
b
i `