HomeMy WebLinkAboutR-1989-074 RESOLUTION NO. 74-89
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING AGREEMENT BETWEEN THE CITY OF DANIA
AND STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS ; AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID AGREEMENT ; AND
PROVIDING FOR AN EFFECTIVE DATE .
BE IT RESOLVED BY THE. CITY COMMISSION OF THE CITY OF DANIA ,
FLORIDA:
Section 1 . That that certain Agreement by and between Lhe
City of Dania , Florida , and State of Florida Department of
Community Affairs , a copy of which is attached hereto as Exhibit
"A" , be and the same is hereby approved , and the appropriate city
officials are hereby directed to execute same .
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption .
PASSED and ADOPTED this 13th day of June , 1989 .
'MAYOR
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS :
FRANK C. ADLER, City Attorney
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Resolution No.
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Agreement between the City of Dania and The Department of
Community Affairs
FY 1988-89
This agreement is being entered into between the Department
of Community Affairs (Department) and the City of Dania (City)
located in Dade County, Florida.
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This agreement is entered into based on the following facts.
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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 Dania 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. Identify, inventory and analyze housing land
use, zoning, traffic, crime and demographic data.
(2) Task 2 . Identify defensible space and environmental
security related issues and problems.
(3) Task 3 . Analyze the application of defensible space
and environmental security techniques to issues and
problems identified in Task 2 . Assess technique:; and
methods to eliminate or mitigate said problems and
conclude with a defensible space "Action Plan" for
the safe neighborhood improvement district.
(4) Task 4. Prepare cost estimates and identify
financial resources for the "Action Plan" identified
in Task 3. Prepare work schedule for implementation
of action plan.
(B) 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.
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EXHIBIT "A"
(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) Task Completion Reports
Maintain and file with the Department at least four
task completion reports. Reports shall be completed
as follows:
(1) The first report is due July 10, 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 September 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)
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 $30, 000 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;
(B) $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;
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(C) $3 , 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) $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
Safe Neighborhood Improvement Plan and the
documentation of the provision of matching funds.
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(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.
(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 (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 City.
I (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
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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.
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(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.
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(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.
(2) The City agrees to include in the subcontract
that the subcontractor shall hold the Department
and the City 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 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.
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(F) The Department's performance and obligation to pay
j 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.
(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 6 (six)
page agreement to be executed by their undersigned officials as
duly authorized.
City of Dania Department of Community Affairs
NAME NAME
TITLE Mayor-Commissioner TITLE
DATE DATE
NAME
TITLE City Manager
'? n� DATE
ATTEST:
City er - u 1tor
Approved for form and correctness:
Frank C. Adler, City Attorney
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" Agreement Between the Dania Neighborhood Improvement
District No. 1 and the Department of Community Affairs
FY 1988-89
This agreement is being entered into between the Department
of Community Affairs (Department) and the Dania Neighborhood
Improvement District No. 1 (District) .
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This agreement is entered into based on the following facts.
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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 Dania Neighborhood Improvement District No. 1
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.
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(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
I. 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.
3. Compare the types of crime in the District
on a per capita, citywide, and countywide
basis.
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EXHIBIT A
(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
7 hinder the defense of social territories
perceived by residents as under their
control. These factors include streets,
alleys, sidewalks, residential blocks,
I position of dwellings on a block, single vs.
multi-family dwellings, abandoned houses,
parking areas and parking lots, informal
pathways, functional areas of the
j 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.
j 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
j 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
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.
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(5) Task 5.
(a) Define the function and responsibilities of
program participants in the implementation of
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the plan.
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(b) Establish an evaluation system including a
schedule for executing the implementation and
evaluation guidelines.
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(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
Dania deems necessary to effectuate the purposes
of the Safe Neighborhoods Act.
(6) Task 6. Using the information developed in tasks 2
through 5, prepare and deliver a safe neighborhood
q orhood
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 Dania and Broward 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.
(B) 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
-.i 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.
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(C) Task Completion Reports
Maintain and file with the Department at least four
task completion reports. Reports shall be completed
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as follows:
(1) The first report is due July 10 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 September 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 $50, 000 for work performed according
to the terms of this agreement. Payment shall be made as
follows:
(A) A payment of $12, 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) $5, 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
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funds for this payment and the first payment;
(C) $5, 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) $27, 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.
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(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.
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III. The District 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.
(2) This agreement shall end on December 1, 1989.
i (B) Termination
(1) This agreement may be terminated by either party
j 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.
(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 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
i 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
J damages.
(4) Termination for Refusal to Allow Access to Records
1 The Department may unilaterally cancel or
i 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 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.
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(D) Subcontracts
(1) If the District subcontracts any or all of the
work required under this agreement, the District
1 agrees to include in the subcontract that the
11 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.
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(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 ccntractor 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
�--<x 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
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(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.
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{ (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)
j page agreement to be executed by their undersigned officials as
duly authorized.
Dania Neighborhood Department of Community Affairs
Improvement District No. 1
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NAME NAME
TITLE TITLE
DATE DATE
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