HomeMy WebLinkAboutR-82-0013RESOLUTION NO. S 2 - 1 3
A RESOLUTION RETROACTIVELY AFFIRMING THE
ACTION OF THE CITY MANAGER IN EXECUTING
THE CONTRACT (ATTACHED) BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF VETERAN AND
COMMUNITY AFFAIRS AND THE CITY IN THE
AMOUNT OF $20,000 FOR PLANNING DEPARTMENT
SERVICES IN UPDATING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, FUNDED THROUGH THE LOCAL
GOVERNMENT COMPREHENSIVE PLANNING ACT ASSIST-
ANCE PROGRAM FOR THE 1981-1982 PROGRAM YEAR.
WHEREAS, by Resolution 81-867 dated October
7, 1981, the Commission authorized the Manager to submit a
grant application in the amount of $20,000 to the Florida
Department of Veteran and Community Affairs for financial
assistance from the Local Government Comprehensive Planning
Act Assistance Fund Program for the 1981-1982 program year;
and
WHEREAS, by letter of October 15, 1981, the
Florida Department of Veteran and Community Affairs notified
the City that the application had been selected for funding
and was eligible for the maximum grant amount of $20,000; and
WHEREAS, the Manager accepted the grant award
of $20,000 by letter of November 2, 1981; and
WHEREAS, the Florida Department of Veteran and
Community Affairs has proferred a contract to the City to
implement the grant award; which contract must be returned to
this Department by January 1, 1982.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The Commission retroactively affirms
the action of the City Manager in executing the contract (attached)
CRY COMMISSION
MEETING OF
J AN 1+ 1902
$2 - 13
FS60talflON NO ......................
between the State of Florida Department of Veterans and
Community Affairs and the City of Miami in the amount of
$20,000 for Planning Department services in updating the
Miami Comprehensive Neighborhood Plan, funded through the
Local Government Comprehensive Planning Act Assistance Program
for the 1981-1982 program year.
PASSED AND ADOPTED this 14 day of
January ,1982•
MAURICE A. FERRE -
MA RICE A. FE RRE , MAYOR
ST:
RALP G. ONGIE, CITY C
PREPARED AND APPROVED BY:
e'4"t , '-, d
5 APO,
ASSISTANT CITY AT RNEY
APVTD AS TO �RM ) CORRECTNESS:
. auI vdx, va1,.
825013
Howard V. Gary
City Manager
ox
rROM )Acts
ph W. McManus
ing Director
Planning Department
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
LATE December 28, 1981 aILE
Contract Between City of Miami
and Fla. Department of Veteran
and Community Affairs
"IF FRF*i.-f-'.Local Government Comprehensive
Planning Act Assistance Program
F,NC L'JSU RES
It is recommended that the
V
G'
Commission retroactively
--,
approve the action of the
-`
City Manager in executing the
-
contract (attached) between
w
the City and the Florida:
-
Department of Veteran and.
Community Affairs in the
amount of $20 , 000 for
co _
Planning Department services
••
in updating the Miami Compre-
hensive Neighborhood Plan,
�-
funded through the Local Govern-
ment Comprehensive Planning
Act Assistance Program, per
the attached resolution.
Per Resolution 81-867 dated October 7, 1981 the Commission author-
ized the Manager to submit a grant application in the amount of
$20,000 to the Florida Department of Veteran and Community Affairs
for financial assistance from the Local Government Comprehensive
Planning Act Assistance Fund Program for the 1981-1982 program
year. The purpose of the grant is to partially fund Planning
Department services in updating the Miami Comprehensive Neighborhood
Plan to bring it into conformity with the proposed new zoning ordi-
nance. No local match is required.
By letter of October 15, 1981 the Florida Department of Veteran and
Community Affairs notified the City that the application had been
selected for funding; that acceptance of the grant must be forwarded
in 28 days and that a contract must be returned within 75 days of
receipt of notice.
s2-1s
4
Howard V. Gary
City Manager
Page 2
December 28, 1981
The Manager accepted the grant by letter of November 2, 1981.
Because of the contract receipt deadline, it is recommended
that the contract be executed immediately to be subsequently
affirmed by City Commission resolution.
It is requested that this item be placed on the City Commission
agenda of January 10, 1982.
Attachments
82 - 13
CONTRACT NUMBER:
LOCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM AGREEMENT
BETWEEN
STATE OF FLORIDA, DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS
AND
T11L CITY OF HIA11I , A MUNICIPALITY OF THE STATE OF FLORIDA
THIS contract, entered into this 29th day of December
1981 by and between the State of Florida, Department of Veteran
and Community Affairs (hereinafter called the "Department") with
headquarters in the City of Tallahassee, and the City of Miami
(hereinafter called the "Grantee"). u
WHEREAS, the Department, in furtherance of its duties
under Section 163.03, Section 20.05(1), Sections 20.18(1), (5),
(8), Florida Statutes, Chapter 81-206, Laws of Florida, and
Chapter 9B-5, Florida Administrative Code, as amended, has
determined that the Grantee is eligible to receive a grant under
the Local Government Comprehensive Planning Assistance Program
(hereinafter called the "Program").
WHEREAS, the Grantee has resolved to accept this grant
under the conditions set forth below.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
I. Scope of Services
(A) The Grantee agrees, under the terms and conditions
of this Agreement and the applicable state and local laws and
regulations, to undertake, perform, and complete certain technical
and professional services, more particularly described in Appendix
A and by this reference made a part hereof. Such services shall
be performed in accordance with the schedule established in
Appendix B, attached hereto and incorporated in this contract.
Applicable state laws and regulations include, but are not limited
to Section 163.3161 et seq, F.S., Chapter 81-206,-Laws of Florida
and Chapter 9B-5, F.A.C., as amended.
This grant shall Le spent only for the activities listed in
Appendix A.
Page One of Six 8
(.IV
Ill. Reports and Records
(A) The Grantee shall provide to the Department:
(1) a progress report on the Program and a
budget status report by March 31, 1982, in a format provided
by the Department;
(2) a final evaluation of the Program and a
budget status report by October 15, 1982, in a format provided
by the Department; and
(3) an informational copy of each planning
element or document produced by the Program on or before
October 15, 1982.
(B) If all required reports as prescribed above and
in Section V of this contract are not sent to the Department
within fifteen (15) days of the due date or are not satisfactorily
completed, the Department may withhold grant payments until all
reports are received in proper form. The Department may terminate
this contract if reports are not received after notice.
(C) No wa"rrants for any state funds will be processed
by the Department for the Grantee after October 31, 1982, unless
an extension is granted by the Department.
(D) The Grantee agrees to maintain adequate financial
i
procedures and adequate support documents to account for the
expenditure of funds under this Agreement.
(E) The grantee shall also provide the Department
with the records, reports or financial statements upon request for
the purposes of auditing and monitoring the grant funds awarded
under this Agreement.
IV. Time of Performance
The Grantee agrees to execute this Agreement within
seventy-five (75) days from the receipt of notification of funding
and to commence services within fifteen (15) days after execution
by the Department. All services to be offered shall be undertaken
and completed in such inanuer as to assure their expeditious
completion in light of the purpose of this Agreement; but in any
Page Three of Six
82-13
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(B) To the extent reasonably possible, the work to
be performed by the Grantee shall be initiated, performed, and
completed in collaboration and coordination with the programs of
all local, state and federal agencies that are actively concerned
with various aspects of planning and development and with any
citizen planning advisory committee organized to provide citizen
input,
(C) The Department or Grantee may, from time to time,
request changes in the scope of the services provided under this
Agreement. Such changes, which are mutually agreed upon by and
between the Department and the Grantee, shall be incorporated into
r
this Contract as written modifications.
(D) Except as may be expressly provided elsewhere in
this Agreement, the Grantee shall perform all of the necessary
services provided under this contract in connection with and re-
specting the Grantee's jurisdictional boundaries.
II. Audit Requirements
(A) The Grantee shall have the Local Government
Comprehensive Planning Assistance Program grant audited by an
independent, Certified Public Accountant.
(B) This audit shall include a schedule, on a form
to be provided by the Department, identifying revenues, sources,
expenditures, purposes and fund balances regarding the grant in
accordance with the applicable rules, regulations and contract
provisions.
(C) A copy of the local audit report shall be for-
warded to the Department no later than December 31, 1982, unless
an extension is granted by the Department.
(D) In the event the audit shows that a part or the
entire grant fund has not been spent or that grant funds were
used for ineligible activities, any resulting overpayment shall
be repaid to the Department within (30) days after the Department
has notified the Grantee of such overpayment.
M
page Two of Six
f • 10-T
III. Reports and Records
(A) The Grantee shall provide to the Department:
(1) a progress report on the Program and a
budget status report by March 31, 1982, in a format provided
by the Department;
(2) a final evaluation of the Program and a
budget status report by October 15, 1982, in a format provided
by the Department; and
(3) an informational copy of each planning
element or document produced by the Program on or before
October 15, 1982.
I
(B) If all required reports as prescribed above and
in Section V of this contract are not sent to the Department
within fifteen (15) days of the due date or are not satisfactorily
completed, the Department may withhold grant payments until all
reports are received in proper form. The Department may terminate
this contract if reports are not received after notice.
(C) No warrants for any state funds will be processed
by the Department for the Grantee after October 31, 1982, unless
an extension is granted by the Department.
(D) The Grantee agrees to maintain adequate financial
procedures and adequate support documents to account for the
expenditure of funds under ,this Agreement.
(E) The grantee shall also provide the Department
with the records, reports or financial statements upon request for
the purposes of auditing and monitoring the grant funds awarded
under this Agreement.
IV. Time of Performance -
The Grantee agrees to execute this Agreement within
seventy-five (75) days from the receipt of notification of funding
and to commence services within fifteen (15) days after execution
by the Department. All services to be offered shall be undertaken
and completed in such inanne r. as to assure their expeditious
nompletion in light of the purpose of this Agreement; but in any
r
Page Three of Six
82-13
event, all the services required hereunder shall be completed
no later than September 30, 1982.
V. Compensation
(A) The Department agrees to pay the grantee the
total sum of Twenty Thous,,Lnd bol l',rs ( $20 , 000 )
for the provision of certain technical and professional services
pursuant to the Local Government Comprehensive Planning Act of
1975.
(B) The Department shall advance forty per.centum
(40%) of the.grant after the execution of this Agreement.
(C) The Department shall pay forty per centum (40%)
f
of the grant after receipt and approval of the progress report
and budget status report due on March 31, 1982.
(D) The Department shall pay twenty per centum (20%)
of the grant after receipt and approval of the evaluation report,
an informational copy of each plan document produced under this b.
Program, and a budget status report due October 15, 1982.
(E) Payment of these state funds pursuant to this
Agreement are subject to and conditioned upon the total release of
authorized appropriations from the Local Government Comprehensive
Planning Assistance Program provided by Chapter 81-206, Laws of
Florida; otherwise, a pro rata distribution of available funds will
be made.
VI.. Termination of Contracts for Cause
(A) If, through any cause, the Grantee shall fail to
fulfill in a timely and proper manner its obligations under this
Agreement, or if the Grantee shall violate any of the requirements
of this Agreement, the Department shall thereupon have the right,
without liability, to terminate this Agreement by giving written
notice to the Grantee of such termination. The Department may also
require a pro rata repayment for grant funds paid to a Grantee who
breaches any part of this Agreement-.
Page Four of Six
(3) Notwithstanding the above, the Grantee shall not be
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elieved of liability to the Department for damages sustained by the
Department by virtue or any breach of Agreement by the Grantee and
the Department may withhold any payments to the Grantee for purpose
of set-o::;: until such time as the exact amount of damages due the
Department from the Grantee is determined.
VI161, Assianabili.ty
The Grantee shall not assign any interest in this Agree-
ment.and shall not transfer any interest in the same (whether by
as s iz rrnen = o= rovation) , without p_ io= written consent of the Depart-
ment; provided, however, that claims for money due or to become due
the Grantee from the Department under this agreement may be assigned
to a bank, trust company, or other financial institution without such
approval. Notice of any such assignment or transfer shall be furnished
Y
promptly to the Department.
VILI.. , Identif icat- on of Documents
All reports, maps, and other documents completed as a part
of this Agreement shall bear in an appropriate place, preferably in
the title block of a map or plan and on the title page of a report or
document, the following legend:
"Prepared by ( ) under contract with
the Department of Community Affairs. The preparation
of this ( ) was financially
aided through a grant from the State of Florida under
the Local Government Comprehensive Planning Act
Assistance Fund authorized by Laws of Florida."
The date (month and year) the document was prepared and the name of
the consultant or Grantee cor.,munity responsible for its preparation
shall also be shown.
It. Representatives for the Parties
In all matters relating to the performance of this
Agreement, the Director of the Division of Local Resource Management
shall represent and act for the Department, and the ni rc%et or or the
Pinnni.nc, Demart.ment or other appropriately delegated
official of the Grange shall represent and act for the Grantee,
0
82-13
IN WITNESS `'HEREOF, the Department and the Grantee have
executed this Agreement as of the date rirst above•written.
ATTEST:
Ralph G. Ongrie , City Clerk
APPROVED AS TO FORM AND CORRECTNESS
George F. Knox,.Jr. City Attorney
WITNESS:
(Signature)
Howard V. Gary, City Manager
STATE OF FLORIDA
DEPARTMENT OF VETERAN AND
COMMUNITY AFFAIRS
By:
(Signature)
Michael C. Garretson, Director
Division of Local Resource
Management
Page Six of Six
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APPENDTX "I3"
WORK PROGRAM SCHEDULE FOR DOCUMENTS TO BE
PREPAI tD WITII GRANT AND MATCHING FUNDS
January 1982- Commence preparation or the periodic Report on the
Miami Comprehensive Neighborhood Plan including
assessment and evaluation, problems, conditions,
objectives and results, unforeseen problems and
opportunities and any suggested changes.
March 1982 - Commence preparation of amended Miami Comprehensive
Neighborhood Plan, as proposed in the Report (above)
with particular emphasis oil the land -use element
with the objective of bringing land -uses into con-
formity with the proposed new zoning ordinance. It
is expected that changes in land -use will compose
less than 5 percent of the area of the City. Other
activities will include updating the other required
and optional elements; reference to planning documents
will be made.
It is anticipated that this effect will yield three
documents, as follows:
- Miitni Comprehensive -Nei ghborhood Plan, as amended
34" x 44" fold -out preferably in color, printed
both sides in 2,000 copies. M
Technical Appendix, as a guide to the plan amend-
ments and including the Report (above)
- Ordinance (draft) for adopting the Plan.
June 2, 1982 Planning Advisory Board, the local planning agency,
holds public hearing; and recommends Plan, as amended:
(60 days for review of amended Comprehensive Plan by:
- Department of Veterans and Community Affairs
- South Florida Regional Planning Council
- Dada County Planning Dopartment
-- Dade County Technical Advisory Committee)
(4 weeks for reply to objectives.)
(2 ueoks 1 npse; following reply.)
(Public notice to property owners by August 23, of
Plan e.hanges comprising .lass than 5 0 of City area)
Sept. 23, 1982 Miami City Cotruni scion holds public hearing on plan
changes affrct:ing less than Sp of area of City;
adopts Miami Comprehensive Neighborhood Plan, as
amended. (1st Reading)
82 - 13
%Y
APPENDIX "I3"
WORK PROGRAM SCHEDULE•" FOR DOCUMENTS TO BE
PREPARED WITIi GRANT AND MATCHING FUNDS
.January 1982- Commence preparation of the periodic Report on the
Miami Comprehensive Neighborhood Plan including
assessment and evaluation, problems, conditions,
objectives and .results, unforeseen problems and
opportunities and any suggested changes.
March 1982 - Commence preparation of amended Miami Comprehensive
Neighborhood Plan, as proposed in the Report (above)
with particular emphasis on the land -use element
with the objective of bringing land -uses into con-
formity with the proposed new zoning ordinance. It
is expected that changes in land -use will compose
less than 5 percent of the area of the City. Other
activities will include updating the other required
and ontional elements; reference to planning documents
will be made.
It is anticipated that this effect will yield three
documents, as follows:
- Miami Comprehensive Neighborhood Plan, as amended
34" x 44" fold -out preferably in color, printed
both sides in 2,000 copies. 6.
Technical Appendix, as a guide to the plan amend-
ments and including the Report (above)
- Ordinance (draft) for adopting the Plan.
June 2, 1982 Planning Advisory Board, the local planning agency,
holds public hearing; and recommends Plan, as amended:
(GO days for review of amended Comprehensive Plan by:
- Department of Veterans and Community Affairs
- South Florida Regional Planning Council
- Dada County Planning Department
-- Dade County Technical Advisory Committee)
(4 weeks for reply to objectives.)
(2 week_, lapse following reply.)
(Public notice to property owners by August 23, of
Plan changes comprising .less than 5/0 of City area)
Sept. 23, 1982 Miami City Coiruniscion holds public hearing on plan
changres affecting less than 51of area of City;
adopts Miami Comprehensive Neighborhood Plan, as
amended. (lst Beading)
82 - 13
APPENDIX "A"
LIST OF PLANNING DOCUIMENTS TO BE PREPARED
WITH GRANT AND MATCHING FUNDS
1. Periodic. Report on the f4iami Comprehensive Neighborhood Plan,
approved in May 1977 including:
- assessment and evaluation
- problems and conditions
- objectives and results
- unforeseen problems and opportunities
- any suggested changes
2. Miami. Comprehensive Neighborhood Plan with amendments as suggested
in Report (above) including:
land -use element to reflect precise alignment of 'rapid transit
(metrorail) and Downtown Component of Metrorail (I)CM); 10 devel-
opments of Regional Impact and 3 additional developments which
meet the presumptive thresholds; and bringing land usa.q into
conformity with the proposed new zoning ordinance.
- Updated other required and optional elements with reference
to specific planning documents as guidelines.
3. Technical Appendix to include Report- (above) and to substantiate
and document the plan amendments.
4. Ordinance (draft).
82,18