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HomeMy WebLinkAboutR-01-0574J-01--494 Cry 6/13/01 RESOLUTION NO. 01- 5 ` 4 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH 'HE MTAMT RTVFR COMMISSION ("MRC"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO DEVELOP THE MIAM: RTVF.R CORRIDOR URBAN INFILL AND REDEVELOPMENT PLAN IN COORDINATION WITH THE CITY OF MIAMT AND MIAMI-DADF COTINTY PLANNING DEPAR'_^MENTS, AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, INCLUDED AS "ATTACHMENT A" HERETO, AND THE JOINT PLANNING AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI -DADS: COUNTY, INCLUDED AS "ATTACHMENT B" HLRETO; FURTHER AUTHORIZING AND DIRECTING THL TRANSFER AND ALLOCATION OF $$0,000 FROM THE PROCEEDS OF THE AGREEMENT BETWEEN THE C [:'Y AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO COMPENSATE THE MRC FOR ITS RESPONSIBILI'T'IES UNDER THE MEMORANDUM OF UNDERSTANDING, SUBJECT TO ACCEPTANCE OF THE GRANT. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The execution of a Memorandum of Understanding, in a form acceptable to the City Attorney, with the Miami River Commission ("MRC") to develop the Miami. River F4---_-_-"-__,__ 1 CaY, i =ff QONKIBSION i1 MING OF JUN 1 4 21001 11-001N:1o11 ala. 01- 574 Corridor Urban Infill and Redevelopment Plan in coordination with the City of. Miami and Miami -Dade County Planning Departments, and in aecoxdance with the terms and conditions of the agreen*nt between the City and the Florida Department of Community Affairs, included as "Attachment A" hereto, and the Joint: Planning Agreement: between the City of Miami and Miami--Dado County, Page 2 of 3 01- 574 AP CI PR D S O M AND CORRECTNESS�j VILARELLO ATTORNEY f. 382:db:T.B:BSS "tis t r 4 'i � E t Page 3 of 3 01- 574 • Contract Number: 01 -UI -07-11-23-02-001 CFDA Number, NA STATE -FUNDED GRANT AGREEMENT FOR THE URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Miami, a municipal corporation organized under the laws of Florida, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department administers the Urban Infill and Redevelopment Assistance Grant Program and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with its Urban Infill and Redevelopment Assistance grant application (which is incorporated herein by reference as though it were fully set forth herein) and the Scope of Work and Schedule of Deliverables, Attachment A of this Agreement. (2) INCORP RATION OF LAWS RULES REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including buMifot t0itFF1 Wlings,F j01Mfied in Attachment C. I , J I:I ..i �4*1i liV pi 574 t.t�i.,aJ J.r�+ ATTACHMENT A (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or January 1, 2001 whichever is later, and shall end December 31, 2001, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. • All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215 34(2), Elg. Stat.if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft. (5) RECORDKEEPING (a) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. 2 01- 574 • • 3. Records relating to real property acquisition shall be retained for three years after closing of tide. (b) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work and Schedule of Deliverables - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with monthly reports, quarterly reports, and with a final report. (b) Monthly reports sha!I be made by telephone to the Department's contract administrator on or around the fifteenth of each month. Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until subm ss on of the final report. The ending dates for each quarter of the program year are Marcr 30, June 30. September 30 and December 31. (c) The final report is due 30 days after termination of this Agreement or upon completion of the activities contained in this Agreement (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9) The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department "Acceptable to the Department" means that the work product 3 01- 574 was completed in accordance with generally accepted principles and is consistent with the Scope of Work and Schedule of Deliverables. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work and Schedule of Deliverables is being accomplished within specified time periods, and otter performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement For purposes of this agreement. Recipient agrees that itis not an employee or agent of the Department but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, FI!] Stat, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third partes in any matter arising out of any contract (9) DEFAULT. REMEDIES, TERMINATION. (a) If the necessary funds are not available to fund this agreement as a result of action by Congress the State Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"). all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, 4 01- 574 • • terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipiert shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or 0 is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3 If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information, 4 If the Recipient has faded to perform and complete in timely fashion any of the services required under the Scope of Work ar.d Schedule of Deliverables attached hereto as Attachment A. (b) Upon the happen:ng of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies either concurrently or consecutively. and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination The notice shall be effective when placed in the United States mail, first class mail, postage prepaid. by registered or certified mail -return receipt requested, to the address set forth in paragraph (10) herein, 5 01- 574 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for ' the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud, lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla Stat. as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla StW,., as amended Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. 6 ©1- 574 MIRM1111- • (1t)) TIQ CONT T. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by Hand delivery, or first class, certified mail, return rete?pt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Aoreement. Notices to the City of Miami shall be sent in accordance with Attachment D. (b) The name and address of the Department contract administrator for this Agreement is - Susan Fleming Acting Program Administrator 2555 Shumard Oak Boulevard Tallahassee. Florida 32319-2100 (850) 822.6070 Fax:(850) 488.7688 E-mail: s usa n. ftemingodes. state. ff. us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Sarah Ingle. Comrnunity Planner Planning and Zoning Department 444 S W 70 Avenue, Third Floor Miami. Florida 33130 Te!ephone (305) 415-1447 Fac (305) 40C-5177 Ema.! gistempCac: miami flus (d) In the event that d:ffercn; representa:eves or addresses are designated by either party after execution of this Agreement r.ct+c_ c` tr.e name title and address of the new representative will be rendered as provided in (10)(a) atcve (11) 07HER PRQVI5!0NS (a) The valic ty of tn.s A;,ee .en, is s:;t..ev to the truth and accuracy of all the information, representations, and rna;aria's subn .tied or prcv;ded by the Recipient in this Agreement. in any subsequent submission or response to Deza.-rrert raq,.;est. or in any submission or response to fulfill the requirements of this Agreement. aa.d such irtormanon, representations. and materials are incorporated by reference. The tack of acc:iracy trereof or any material changes sha:l, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Departn•ent from all its ctbgations to the Recipient. ©1" 574 • • (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to Insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by 0 the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S C. Section 1210' et se , if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in teleccmmurications (fl A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity. and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list 8 01- 574 0 • (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction • or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3, are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this agreement. (12) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5.00 p.m., local time. Monday through Friday. 9 ©1- 574 • E (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) In the event that the Recipient expends a total amount of State awards (i.e., State financial ass stance provided to recipient to carry out a State project) frgm all state sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the Department, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by the Department as a Grant and Aid appropriation. 1 The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2 The annual financial audit repot, shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3 The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Slate of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 10 01- 574 m LJ LJ 5. In connection with the audit requirements addressed in (d) above, the Recipient shall ensure that the audit complies with the requirements of Section 218.3491(7), Florida Statutes. This includes submission of a reporting package as defined by Section 216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 6. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, is not required In the event that the Recipient expends less than $300,000 in State awards in its fiscal year • and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). (e) in the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expend+lu es report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved (g) The Recipient shall have all audits completed in accordance with 216.3491. FW. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. 11 01- 574 E (13) SUBCONTRACTS. • (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. This Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMgNTS (a) All attachments to this Agreement are incorporated as If set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) Tnis Agreement has the follow;ng attachments. Attachment A: Scope of Work and SchedLJe of Deliverables Attachment 8 Special Cordit:ons Attachment C Ruses and Regulations Attachment D: Additional Representatives for Notice and Contact (16) FINDING/CONSIDERATION (a) Th.s is a fixed -fee Agreement As considerat cn for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to fifty thousand dollars ($50,000). Payment will be made in accordance with the provisions of Attachment A (Scope of Work and Schedule of Deliverables), subject to the avaaabdity of funds. (17) STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions. 12 01- 574 • • (a) The State of Florida's performance and otNigation to pay under this Agreement Is contingent upon an annual appropriation by the legislature, and subject to any modification in accordance with Chapter 216, Fla Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations (c) All bills for fees or other compensation for services or expenses shall be submitted In detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.051, Fla. Stat. (e) The Department cf Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapte• 17 9, Fla tat and made or received by the Recipient in conjunction with this Agreement (f) if the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returred to the Department or be applied against the Department's obligation to pay the contrac, amount (g) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S G Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act ("INA")) The Department shalt consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall: be grounds for unilateral cancellation of this Agreement by the Department 13 ©1- 574 IIIIfI®I� - • • (18) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to Influence legislation or any other official action by the Florida Legislature or any state agency Refer to Attachment E for additional terms and provisions relating to lobbying. (19) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS An Agency of the State of Florida BY. Joseph F. Myers, Acting Director Housing and Community Oevelooment 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 HATE. CITY OF MIAMI A Municipal Corporation Organized under the Laws of Florida BY. s A. imenez, CjWManager City of Miami 444 South West 2"° Avenue Miami, Florida 33130 DATE. glajo i Approved a to arm and Correctness FID # 59-6000375 Ale a o111flarello, City Attorney At t: _--� Appro ed as to Insurance Requiremen altex_ Foeman, City Clerk Mario SoLdevilla, Risk Management AdmiNstrator 01— 574 Y-- okoo0�4 Attachment A: Scope of Work and Schedule of Deliverables Urban Infill and Redevelopment Assistance Grant Program BACKGROUND To reduce urban sprawl and to keep core urban areas fiscally strong, the Florida Legislature created the Urban Infill and Redevelopment Assistance Grant Program. The program provides for planning and implementation grants to local governments to redevelop and revitalize distressed urban areas. Funds are to be used to develop collaborative and holistic urban infill and redevelopment plans and to implement projects located within designated urban infill and redevelopment areas, pursuant to ss. 163.2511 - 163.2526, Fla. Stat. The goal of the Recipient's planning process is to effect change in the the Urban Infill and Redevelopment Area over time, based on a comprehensive analysis of the factors underlying the need or desire for change. as well as the means by which such change can be implemented. DESCRIPTION OF PLANNING PROCESS In its application, the Recipient proposed and documented an Urban Infill and Redevelopment Area (UIRA) that meets the statutory requirements for the purposes of this grant program. Further, through a competitive selection process, the Recipient's application for an Urban Infill and Redevelopment planning grant was recommended for funding. With the funds in this Agreement, the Recipient agrees to undertake a collaborative and holistic planning process for its UIRA. The planning process will include the following elements 1 A description of a holistic and collaborative community participation planning process which aCows for community input, !ncluding wsior,irg, before redevelopment occurs. The collaborative process should result in a plan that contains goals, objectives, projects and a--tivities that address solutions to neighborhood problems and offer opperturities to improve the quality of life in the designated area. The process should create both short-term and long-term goals and objectives so that residents can see some successes in the short term while continuing to pursue and achieve long-term goals 2. Identification of activities and programs to accomplish locally identified goals such as code enforcement, improved educational opportunities, reduction in crime, neighborhood revitalization and preservation: provision of infrastructure needs, including mass transit and multi -modal linkages; and mixed-use planning to promote multi -functional redevelopment to improve both residential and commercial quality of life 15 01-- 574 0i01101osas E 3. Demonstration of local government and community commitment to comprehensively address the urban problems within the Urban Infill and Redevelopment Area. 4. Identification of ways or incentives to keep residents actively involved in the implementation of projects after developing the plan. 6. A map depicting the geographic area or areas to be included in the designation. 6. Confirmation that the infill and redevelopment area is within an area designated for urban uses in the local government comprehensive plan. 7. A map of any existing enterprise zones, community redevelopment areas, community development corporations, brownfields, downtown redevelopment districts, safe neighborhood improvement districts, historic preservation districts, empowerment zones, or enterprise communities located within the area proposed for designation as an Urban Infill and Redevelopment Area. There must also be a framework for coordinating urban infill and redevelopment programs within the urban core. 8. A memorandum of understanding between the district school board and the local government regarding public school facilities located within the Urban Infill and Redevelopment Area, to identify how the school board will provide priority to enhancing public school facilities and programs in the designated area, including the reuse of exist ng buildings for schools within the area. 9. Narrative that identifies each neighborhood within the proposed area, community preservation and revitalization goals, projects identified through a collaborative and holistic community participation process, and how projects will be implemented 10. Narrative that identifies how the local government and community-based organizations intend to implement affordable housing programs in the Urban Infill and Redevelopment Area, including, but not limited to, economic and community development programs administered by state and federal agencies. 11. Narrative identifying strategies for reducing crime. 16 01- 574 12. If applicable, guidelines for adoption of land development regulations specific to the Urban Infill and Redevelopment Area which includes, for example, setbacks, parking requirements, design codes, streetscapes, sidewalks, and building facades. 13 A map and identification of existing transportation concurrency exception areas, and any relevant public transportation corridors designated by a metropolitan planning organization in its long- range transportation plans or by the local government in its comprehensive plan for which the local government seeks designation as a transportation concurrency exception area. For those areas, describe how public transportation, pedestrian walkways, and bikeways will be implemented as an alternative to increased automobile usage. 14_ Identification and adoption of financial and local government incentives which the local government will offer for new development, expansion of existing development, and redevelopment within the designated area. Examples of Incentives include: waiver of license and permit fees; waiver of local option sales taxes; expedited permitting; waiver of delinquent taxes or fees to promote the return of property to productive use; lower transportation impact fees for development which encourages higher use of public transit, pedestrian, and bicycle modes of transportation, prioritizat.on of infrastructure spending in the urban infill and redevelopment area, and local government absorption of a developer's concurrency costs. 15. Identification of how activities and incentives in the area will be coordinated and what mechanism the local government will use for the coordination. 16. Idertification of how partnerships with the financial and business community will be developed. 17. Identification of the governance structure that the local government will use to involve community representatives in the implementation of the plan 18 Identification of performance measures to evalua!e the success of the local government in implementing the urban infill and redevelopment plan This shall include the establishment of baseline data and the identification of indicators that will be used to measure neighborhood change TASKS The Recipient wi.l prepare a work plan that lays out the tasks, milestones, and schedule for completion of the Urban Infill and Redevelopment planning process. The work plan shall be the mechanism for 17 IZIi�X�L. - 01- 574 determining on-time performance of the Recipient. The work plan can be amended by mutual agreement between the Department's contract administrator and the Recipient The Recipient will prepare quarterly reports that provide a narrative describing the work undertaken In the quarter, an analysis of the percentage of work completed, any obstacles that delayed meeting a milestone that occurred during the quarter, what actions were taken to overcome the obstacles, and any "good news" or success stories resulting from the planning activities. Quarter end dates are March 30, June 30, September 30 and December 31. The quarterly reports can be enhanced with photographs and may be send to the Department's contract administrator by e-mail or hard copy. Informal monthly reports will be made to the Department's contract administrator by telephone on or around the 151" of the month. Schedule of Deliverables Dglivgrable Due Date ftyment 1. Delivery and approval of due on or before $25,000 work plan 30 days after execution of Agreement 2. Delivery of Documentation due on or before June 15, 2001 $26,000 on Establishment and t" Meeting of Stakeholders 3. Delivery of Urban Infill and due on or before Redevelopment Plan December 31, 2001 TOTAL. Ste, 18 01- 574 i Attachment 8: Special Conditions 1: The Recipient agrees to develop and engage in a collaborative and holistic community participation process In which stakeholders are actively involved in the decision-making process of designing and implementing the Urban Infill and Redevelopment Plan. This process includes a visioning of the area before redevelopment decisions are made. 2. The Recipient agrees to employ a governance structure that engages and shares the decision- making for designing. developing, and implementing the Urban Infill and Redevelopment Plan. 3. Public meeting notices and promotional materials will be sent to the Department's contract -administrator and to the Department's Division of Community Planning. 4. The Recipient agrees to adopt the completed Urban Infill and Redevelopment Plan by ordinance and to amend its Local Comprehensive Land Use Pian to include the boundaries of the UIRA should it choose to pursue an implementation grant under this program. 5. The completed Urban Infill and Redevelopment Plan will be submitted to the Department and will constitute the Final Report. Should the planning process undertaken by the Recipient not result in an Urban Infill and Redevelopment Plan, Section (9): Default; Remedies; Termination of this Agreement shall apply. 19 01- 574 • Attachment D: Additional Representative= for Notice and Contact WoNces to be sent In accordance with this agreement shall be directed as foll6w Original to: Carlos A. Gimenez, City Manager City of Miami 444 SW 2 Avenue, 10'A Floor Miami, FL 33130 (305) 416-1013 telephone �4F r xtaft, • (305) 416-1019 fax W 'j� G3� s� .s �L�S- `j.�. F '�' y Copies to: e k x X Alejandro Vilarello, City Attorney City of Miami 444 SW 2 Avenue, 9'" Floor 3 Miami, FL 33130 (305) 416-1810 telephone (305) 400-5238 fax Sarah Ingle, Project Administrator City of Miami Plannin�q 8 Zoning Department °? 444 SW 2 Avenue, 3` Floor Miami, FL 33130 (305) 416-1447 telephone r�r (305) 400-5177 fax r Ms t. `9 y f:4 4 ✓i �1 d Y... tai f n.. r 1 k S trnYt tN .:.. ', } ... - .. �: �' YF4 S � {`Y .4 ii"5i.'k f §'A -✓#��VS' ��' k'h4 �,�e�', s{ Y m' 1;4-11W-149 J 5 � r 21 iii- 574 0 0 JOINT PLANNING AGREEMENT MIAMI RIVER CORRIDOR PLAN THIS AGREEMENT is entered into between and among the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "the City"; and Miami -Dade County, a charter county of the State of Florida, hereinafter referred to as "the County", and hereinafter sometimes referred to singularly or jointly as the "Party' or "Parties". WHEREAS, Chapter 163, Part II, Florida Statutes (F.S.), establishes the Local • Government Comprehensive Planning and Land Development Regulation Act (the "Act") which, under Subsection 163.3171 (3), F.S., authorizes incorporated municipalities and counties to enter into agreements with each other to facilitate planning for areas of mutual interest; and WHEREAS, both the City and the County have comprehensive plans in legal effect which include portions of the Miami River; and WHEREAS, the Miami River is recognized as a vital economic, environmental and geophysical resource to both the City and the County, given the shared jurisdictional boundaries and importance of the River to the local economy; and WHEREAS, it is appropriate that the City and the County work jointly to establish and implement a comprehensive plan, hereinafter referred to as the "Plan", covering a corridor the length of the Miami River, a map of said corridor is attached hereto as Exhibit A the Miami River Urban Infill and Redevelopment Area, and which takes into consideration the broad array of issues impacting and affected by this body of waters; and WHEREAS, in 1999 the Florida Legislature created Sections 163.2511 through 163.2526, F.S., named the Growth Policy Act, setting forth an urban infill and redevelopment program which, among other things, provides grants and technical assistance to local 01- 574 ATTACHMENT It governments desirous of designating infill and redevelopment areas pursuant to said State statute; and WHEREAS, the City and the County desire to designate an urban infill and redevelopment area for the Miami River Corridor, from water management structure S-26 to Biscayne Bay, and to apply for and receive benefits available thereunder to facilitate this process; and WHEREAS, the designation of a corridor along the Miami River as an infill and redevelopment area requires the preparation of a planning document, such as the Plan described hereunder; and WHEREAS, the Miami River Commission, an interagency entity created by the Florida Legislature under Section 163.06, F.S., has recommended that a joint City and County planning effort be undertaken for the Miami River and has offered its assistance in this effort; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. DESCRIPTION OF THE ELAN: The Plan shall cover the area on both sides of the Miami River from water management structure S-26 to Biscayne Bay as generally depicted on the attached Exhibit A (hereinafter referred to as the "Area"). It is understood that the Area may be modified through the development of the plan, upon written approval of the County Manager of Miami -Dade County, as authorized by the Board of County Commissioners, and the City Manager or professional planning director for the City of Miami, and as may he deemed appropriate to the Plan, the planning process and related activities hereunder. 01. 574 The Plan shall endeavor to create a unifying land use vision for the Miami River that gives consideration to the use of an overlay planning district and other redevelopment techniques. The Parties will seek the assistance of the Miami River Commission, and shall invite broad community input and participation. The Plan is intended to be a holistic redevelopment program that can be adopted and implemented by all levels of government as well as private and not-for-profit sectors. 2. COMMITMENT OF RESOURCES: The City and County agree to provide the personnel and support resources necessary to prepare the Plan. It is the intention of the Parties that every effort be made to obtain by hire the services of qualified professionals from the private sector to undertake the majority of the work required hereunder, particularly those activities directly related to drafting the physical document as the culmination of the planning process. a) The City agrees to serve as the lead planning agency for the portion of the Area located within the municipal boundaries of the City and for the project in general. b) The County agrees to serve as the lead planning agency to the unincorporated portion of the Area and shall provide technical assistance to the City on environmental and transportation planning matters that fall within the County's charter responsibilities. 3. SCOPE OF WORK: The City, with assistance from the County, shall prepare the Plan for the Area, which shall be sufficient to satisfy the State's requirements for designation as an Urban Infill and Redevelopment Area, as further provided herein. The Agencies shall adopt and implement the Plan subject to approval by the elected Boards of both Parties. 4. FUNDING OPICIONS: a) In support of the Plan, the City, through the City Manager or planning director, shall prepare the grant application to the State of Florida to secure funding for the Plan, specifically for the purpose of preparing an urban infill and redevelopment plan for the 3 pl- 574 T�� 9 Miami River Corridor pursuant to Chapter 9B-69, Florida Administrative Code, Urban Infill and Redevelopment Assistance Grant Program and which meets with the approval of the Miami River Commission. The County, through the County Manager or planning director, shall assist the City in the preparation of the grant application. b) The City agrees to serve as the lead local government applicant for the duration of the State's Urban Infill and Redevelopment Assistance Grant Program. c) The City and the County, through their respective managers or planning directors, may • additionally apply to such other governmental and/or private agencies as may provide appropriate financial or in-kind support to assist with the preparation and/or implementation of the Plan. Either Party may elect to serve as the lead administrative agency or grantee for such assistance, as may be appropriate to the funding source and as is approved by the Parties' respective managers or professional planning directors. d) Acceptance of such grants shall be subject to approval by the governing board of the lead local government applicant. 5. PLAN APPROVAL: The City and the County further agree, subject to the approval of the Plan by the governing boards of both Parties, to execute and implement the recommendations of the Plan appropriate to the jurisdiction of the respective entities. 6. EFFECTIVE DATE: The effective date of this Agreement shall he the date on which the respective managers of Miami -Dade County and the City of Miami execute this Agreement, whichever is later. A 01- 574 • • 7. TERM OF AGRF.EMENI: This Agreement shall be in effect for a period of five years after the effective date, or until cancelled as provided herein. This Agreement may be extended for additional one-year periods upon the written authorization the County Manager of Miami -Dade County and the manager or planning director of the City of Miami, subject to the availability and appropriation of funds. 8. CANCELLATION OF A.iGREEMENI: Either Party may cancel this Agreement at any time by giving written notice to the other Party requesting cancellation at least ten (10) business days prior to the effective date of such cancellation. In the event of any cancellation under this section, each party shall bear its own costs incurred as of the effective date of cancellation. 9. C_ONIPL.IANCE WITH. FEDERAL STATE AND LOCAL LAWS: The Parties agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 10 1NDENINIFICAIION AND HOLD HARMLESS: The City agrees to hereby indemnify and save harmless the County from any and all claims, liabilities, losses and causes of action, to the extent of the limitations included within Florida Statutes, Section 168.28. However, nothing herein shall be deemed to indemnity the County for any liability or claims arising out of the negligence, performance or lack of performance of the County. The County hereby agrees to indemnify and save harmless the City from any and all claims, liabilities, losses and causes of action, to the extent of the limitations included within Florida Statutes, Section 768.28. However, nothing herein shall be deemed to indemnify the City for any liability or claims arising out of the negligence, performance or lack of performance of the City. Z 01- 574 11. DEFAULT: If either Party fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then that Party shall be in default. Upon the occurrence of a default hereunder, the Party not in default, in addition to all remedies available to it by law, may immediately, upon written notice to the Party in default, terminate this Agreement whereupon all payments, advances, or other compensation paid by the Patty not in default to the other while said Party was in default shall be immediately returned. Both Parties understand and agree that termination of this Agreement under this section shall not release the Party in default from any obligation accruing prior to the effective date of termination. 12. NON DISCRM-11NATION* Each Party represents and warrants to the other that it does not and will not engage in discriminatory practices and that there shall be no discrimination in corurection with the performance tinder this Agreement on account of race, color, sex, sexual orientation, religion, age, handicap, marital status or national origin. Each Party further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 13. ASSIGNMENT: This Agreement shall not be assigned by either Party, in whole or in part, without the prior written consent of the respective governing boards of the County and City. The hiring ofqualified professionals from the private sector pursuant to Paragraph 2 shall not be considered an assignment of the agreement. 14. NO'I'ICFS: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other Party at the address indicated herein or to such other address as it Party may designate by notice given as herein provided. Notice shall 0 01- 574 u L_I be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO THE COUNTY: TO TH,F_ CITY• M.R. Steirheim Carlos A. Gimenez County Manager City Manager 111 NW First Street, 291h Floor 444 SW 2nd Avenue — 10th Floor Miami, FL 33128 Miami, FL 33130 Guillermo E. Olmedillo, Director Department of Planning & Zoning Copy to: Ana Gelabert-Sanchez, Director Planning & Zoning Department a) This Agreement shall be construed and enforced according to the laws of the State of Florida, b) Title and paragraph headings are for convenient reference and are not a part of this Agreement. c) No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. d) This Agreement constitutes the sole and entire agreement between the Parties hereto. Nu modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the Parties hereto. 16. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. Of- 574 t�J C� 17. This instrument and its attachments constitute the sole and only agreement of the Parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 18. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 19. APPROVAL. BY THE OVERSIGHT IGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") that is empowered to review and approve all pending City contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Attestation of this Agreement by the City Clerk shall constitute evidence of its approval by the Oversight Board. 20. ANIENDNIENTS: This Agreement may be modified only by an agreement in writing approved by the governing board or commission of the City and the County, respectively. 21. SEVERABILITY: Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, Nliami-Dade County or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use z�z 8 01- 574 In witness whereof, the Parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. CITY OF MIAMI, a munici al corporation of the State of Florida City Manager Date Walter Foenzr,, City Clerk Approved as to Insurance Requirements i Mario Sbldevilla, Risk Management Administrator Approved by County Attorney as to form and legal sufficiency. i� .._.....' . Correctness Attorne , MVkMI-DARE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: _ De k By. 1;,M.R. Stierhei County Manager Date:_ 9 ©1-- 574 O*Mwmm A?,& � Joe 6enoltes CarnMstloeter c"orV4".+lam D6TRICT 3 D, COMMISSIONER SANCHEZ DAN: June 6, 2001 "A su"": Aound,-&ftw mmcoft*mm I '"POO" request that the City Cortnnissbn OF to aulhoft ft City Manlier do ao mft a memorandum of understandlnp wlfh the MWV RKw C4nwjwIon l* dewtop and irrtplemertt the Mie" River Corridor Urban bttiN and Re A --IL prow 1, plan. To er furthdinthi un s Intra. I rrsectKray r"luset to pim this loam ort to noxi city or L11" Comminion on June 14,' 2001. Cc EM Absno, Agenda Coordinate Alex VbreRo, City Attorney Ana G@Wbert 6anohes, Pla wno Dirmbr Chris Tkrmer. Chief of Community Pkn ft 0i- 574