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HomeMy WebLinkAboutR-95-0211J-95-199 3I1I96 RCN NO. 9 5 - 211 • • •� • N I I Mail I r UNI • �+r r 1 r• • r•• u 1 r IN • •,•!T 1�1' • !!' 91�i 19i r• • r ' N • • •A �i' ti r ' tr - : r r • • 1�1 I• . r r A • • ' M I�Ir 1�1• • • ' 1 • ••• • r `i: r' 1 r r r I' � 1�1 r' 1 • •,•d' • ' � • '�r • 1 r i alr rr W ERMS , the Comprehensive Citywide Commercial Rehabilitation Facade Treatment Program (the "Program") was approved in the fourteenth (14th) year Community Development Blcck Grant Application by Resolution 88-384; and. WHEREAS, the Program is designed to promote economic revitalization in the neighborhoods of the City of Miami and accordingly is an important part of the City's economic development strategy; and WHEREAS, funds for the Program axe allocated from Community Development Block Grant Funds up to the amount specified; and WHEREAS, the properties to be rehabilitated pursuant to the Program are located within the Downtown and Allapattah target areas; and. WHEREAS, eligibility for assistance under the Program is based on a 70Y6- 30% match, with the City providing 7M, and the business or property owner, 30%of the cost of rehabilitation which shall not exceed the total amount of two thousand dollars ($2,000) per participating business. ATTACH111AEN1T (S) CON, 1AINED CITY Co3vIIv[TSSIOK NEETU,TG OF Resolution No. 95- 211 WHEREAS, the properties to be rehabilitated have been reviewed by the City of Miami Department of Community Development, the Downtown Service Center, the Allapattah Service Center, the Downtown Miami. Partnership, and the Allapattah Business Development Authority, Inc., and have been found to be eligible for the Program; and WHEREAS, Downtown Miami Partnership, Inc. ("DMP") and A11apattah Business Development Authority, Inc. ("A DA") have the necessary expertise and are willing to provide the services necessary for the implementation of the Program and the disbursement of funds allocated to the participating businesses located in the Downtown and Allapattah target areas, respectively; ONN; rr�� Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Forty -Six Thousand. Two Hundred Dollars ($46,200.00) of Community Development Block Grant Funds are hereby allocated for the purpose of implementing a comprehensive commercial facade exterior rehabilitation program for a total of 33 businesses, with $23,800.00 being allocated to Downtown Miami. Partnership for the rehabilitation of 17 businesses and $22,400.00 to Allapattah Business Development Authority, Inc. for the rehabilitation of 16 businesses. Section 3. The financial assistance to be provided by the City under this program sha11 be based on a 70%-30% match, with the City contriutimg up to $1,400 per participating business and, the business or property owner contributing up to $600. -2- 95- 211 Section 4. The City Manages is hereby authorized to enter into an agreement with DMP and ABDA, in substantially the form attached hereto, for the coordination and implementation of the program for the participating businesses Located within their respective target areas. Section 5. Upon completion of the rehabilitation program, the Downtown Miami. Partnership and Allapattah Business Development Authority, Inc. shall present to the City of Miami Department of Community Development all documentation and invoices generated by, or pertaining to, their respective projects. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of March 1995. P. MAYOR �1' ',I 1�1 • •• I �i •' 1 fly -3- 95- 211 B=FrARY PEaEW' A N. DID OgSlet-o&:M4966 -4- 95-- 211 C:iTY OF MIAMI, FLORIDA COMMERCIAL FACADE REHABILITATION PROGRAM AGRLEMENT This Agreement entered into' this day of -. ----- _...-______---.---------- -----' f j 7 � , by anu between the City of Miami, a municipal corporation of the State of Florida, (the "CITY"), and the Downtown Miami Partnurship, a Florida not -for - profit corporation ("DMP"), and the Allapattah Business Development Authority, Ins,., a Florida nut -for -profit corporation ("ABDA"). DMP and ABDA are sometimes referred to herein, collectively as thu "SUBRECIPIENTS" au indi.vidu.11y, as the "SUBRECIPIENT". W I T N E S S E T H WHEREAS, the Citywide Comprehensive Commercial Facade Rehabilitation Program (tti: "Program") was approved in the Fou-teenth (14th) Year Community Development Block Grant Application by ResoluGion No. $6-364; and WHEREAS, the Program is designed to promote economic revitalization in targeted neighborhoods of the City of Miami and accordingly is an important part of the City's development; and WHEREAS, DMP has inspected , approved and submitted to the City seventeen (1Y) businesses located within the downtown area (the "DMP businesses) and ABDA h•.:s inspected, approved anu submitted to the City sixteen (16) businesses located within the Allapattah area (tilie "ABDA businesses") as eligible businesses for participation in the Program; and 95- 211 WHEREAS, the Ciuy Commission, by Resolution No. approved the allocation of $46,200.00 of Community Development Block Grant Funds for the rehabilitation of the DMP businesses and the ABDA businesses (collectively, the "participating businesses") under the Program, and authorized the City Manager to execute an agreement with DMP and ABDA to coordinate the implementation of the Program and the disbursement of funds for each participating business under their respective jurisdictions; WHEREAS, the DMP businesses have been allocated the sum of $23,800 and the ABDA businesses have been allocated the sum of $22,400, to bc disburses by DMP and ABDA in accordance with this agreement; NOW, THEREFORE, in consideration of tht; promises and the mutual covenants and obligations herein contained, and subject to tiie terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I PROCEDURES 1.1 CONTRACT AMOUNT Th,t City shall make available to DMP the toi.aI sum of and to ABDA the total sum of $ , to be disbursed by each SUBRECIPIENT iri accordance with the terms and conditions of the Policies and Pruuedur,.s Manual for the Program rind as set forth herein. 1.2 TERM Thu t,:rm of this Agreement t0 shall be from 95- 211 Upon 414r tk�riniilation of this Agreement, earn SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 1.3 POLICIES AND PROCEDURES MANUAL Each SUBRECIPIENT acknowledges receipt of the Policies and Procedures Manual for the Commercial Facade Improvement Program, certifies tnat- it is familiar with provisions thereof and agrees to comply with all of its terms and corndition and to accept it as the offici.l document which outlines the fiscal, administrative and Federal guidelines and which sh.,11 rebul.iLe the us : and disbursement of funds under the Program. The Policies and Procedures Manual is aLLachud heretu and made a part of this Agreement. 1.4 BONDING AND INSURANCE 1. During the term of this Agrcemerit, the SUBRECIPIENT shall maintain insurance and bonding coverages in amounts acceptable to the City c)f Miurni De;jartment of Risk Management. Whenever applicable the City shall be named as an additional insured. 2. During the ter -in of this Agreement, the SUBREGIPIENT shall verify and obtain documentary evidence that all cuntractors participating in the facade improvements maintain appropriate general liability insurance coverage prior to the commencement. of work. The amount of insurance coverage shall be determined by the Insurance Courdinator of the City of Miami. Coaipl,.arnue with the foregoing requirements shall not relieve the SUBRECIPIEN'T 95- 211 40 of its livability and obligations under this section or under any other section of this Agreement. 1.5 LEVEL OF SERVICE Should start-up time for a program be required or any delays in the execution of the work by the contractor occur, the Department of Community Development is to be notified in writing immediately, giving all pertinent details and indicating wtien work shall begin and will continue. 1.6 OTHER PROGRAM REQUIREMENTS (a) Each SUBRECIPIENT ru-presants and warrants to City that the Work Program shall be carried out in compliance with all Federal laws ana regulations describes in Cir.:ulurs A-110, A-122, and A-133. (Rules and Regulations for Community Development Block Granc SubrecipLeu,$). it is agreed that SUBRECIPIENT shall not assume the CITY's environmental responsibilities described at 24 CVR 570.604 of the CDBG Program regulations, and the CITY's responsibility for initiating th.: revi.:w process under Exe.:utive Order 12.>72 (Rules and Regulations for Community Development Block Grant Subrecipients). (b) Ali contractor6 hired to perform services or provide materials under the Program shall be selected in accordance with Uffiee of Manabe►aeiit and Budget, Circular No. A-110 and will file, if applicable, IRS Form 1099 with persons providing consultant services in excess of $400.00. (c) All contractors hired under this Agreement shall be prohibited froiu using lead -based pairs'; in structures rehabilitated with CDBG monies. 95- 211 0 1.7 REPORTS, AUUlTS_AND _EVALUATIONa It is agreed tnat the SUBRECIPIENT sh�il comply with the Federal Directive required by the U.S. Department of Housing and Uruan Development (USHUD) to document that program activities are provided for the benefit of low to moderate income persons. In accordance with th:: C o u e of Federal Regulations 24 CFR Part 570.506, records shall be maintained for each activity to determine that services benefit low and moderate income persons. At the, request of the C-TY, SUBRECIPIENT s'riall transmit to CITY written statements of SUBRECIPIENT'S official policy on specified issues re.Lai.ing uo SUBRECIPIENT'S activities. CITY may carry out monitoring and evaluation activities, includl.ng visits and obsurvat-iorns by CITY staff; SUBRECIPIENT shall ensure the cooperation of its employees and Board meurbers in such zfforts. any inconsistent, incomplete, or inadequate information either received by the CITY o: obtained through monitoring and evaluation by the CITY, shall constitute good cause for the CITY to terminate this Agreeraernt at any time thereaftLr. ARTICLE II SCOPE OF SERVICES 2.1 SUBRECIPIENT Shull coordinate and oversee the implementatiuon of the Program for the participating businesses and shall be responsible for, and ens;Are that if the project is carried out in a lawful, satisfactory and proper marrnc:r acid in accordance with th.: Po;.icic-,s and Procedures Manual. 9 C_ 211 11 2.2 Thy: SUBRECIPIENT will notify businesses in the identified deteriorated areas of the target area's commercial corridors, and businesses with blighr.eu storefront buildings in the rest of the target area of the availability of the Program. 2.3 The SUBRECIPIENT will develop a priority list of buildings to be improved in coordination with the Neighborhood Enhancement Team (N.E.T.) for Downtown and Aliaputtah. 2.4 The SUBRECIPIENT shall enter into a commercial facade rdhabilituuion agreement w i u h each participatinb business provided that SUBRECIPIENT has received, (1) approval by the Department of Community L'evelopmenL, (2) a check from the participating business for 30% of the work to be performed Which represen�,s its mau,- hing contribution under the Program, but not to exceed $600.00. This payment must be made by money order or cashier chuck only. The agreernerit between SUBRECIPIENT and the participating business shall saute cl e a r i y what the funds provided by City under the program represent 70;6 of the rest of the work (but no more than $ ) and fundinb thereof is contingent, among other things, upon the business/property owner's matching contribution of 30%. 2.5 The SUBRECIPIENT shall advertise for bid tht; work to be done, (a minimum of two bids is required), which shall inulud,� City's paint specif-cations and guarantees and insurance guidelines. SUBRECIPIENT and the business/property owner will select the lowest bid and/or the best offer. 95- 211 I 2.6 TI7:: SUBRECIPIENT will inform thu Deparumernt of Community Development when the work is completed for inspection and approval. A pi-:.ture of each business (btfor and after) must be obtained by the Neighborhood Enhancement Team (NET) Office. 2.'I Upon completLon of the work, the SUBRECIPIENT shuli obuain a Certificate of Acceptance of Work, properly signed by: a) Business/proptrty ownar b) Community Based Urganization c) Department of Cacumunity Development d) Neighborhood Enhancement Team Representative 2.6 Within five (5) days after completion and approval of work by the SUBRECIPIENT, the SUBRECIPIENT shall submit to the Dcp,rtmerit of Comaiuni�.y DeveioNmen', a request for- payment, accompanied by all invoices and other documentation in support thereof, all as approved by SUBRE�:iPIEN`1'. 2.9 The SUBRECIPIENT will be required to open and maintain a separate chuckirie, account for the re,:iept and disbursemet;t of all funds during the term of this Agreement. 2.10 The Department of Community Development will monitor the fiscal and programmatic operations of the Program every quarter. Tha SUBRECIPi:ENi snail make available 11 financial records as well as operational documents. Said right shall exist during the pe!•iod of this Agreement and for a period of three (3) years following the expiration of the term hereof. 95- 211 -1 2.1i Th.- SUBRECIPIENT is required to exccut-e this Agreement within thirty (30) days after receipt from the Department of Community Development-. Failure to do so may result in its cancellation. 2.12 The following services will be allowed under the auspices of the Commercial Facade Treatment Program. 1. Painting (includ,: pressur:: cleanine,, caulking, etc.) 2. Signage 3. Awning 4. Door 5. store Show Case Window 6. Shutter 2.1., The SUBRECIPIENT agree that no funds altocc.Ited under this Agreement shall go toward the payment of administrative cost,. 2.14 If the service contracted (awning, sign or shutter) requires a deposit, said deposit shall be paid by the property owner and the amount thereof shall be deCucted from the amourni, of its matching contribution. AhTiCLE III, FUNDING 3.1 FUNDING CITY shall make uvail�tble to bouh SUBRECIPIENTS the sum of $46,200 as maximum compensation for the work provided pursuant to Resoluuion No. Said amount shall be allocated to each SUBRECIPIENT as set forth in Section 1.1 above. 95- 211 ,1'.r 3.2 AUbIr RIGHTS CI'1Y reaerves the right to audit the records of SUBRECIPIENT at any time during the performance of this Agreement and for a period of three years after final payment is made under this Agreement. SUBRECIPIENT agrees to provide all ,i'inun ia1 and other applicable records and documentation of worked performed to CITY. 3.3 COUTINGENCY CLAU6E Funding for this Agreement is ;ontingunt on the avaii�bility of funds and continued authorization for program activities and is subject to amendment. or termination flue to la,.k of funds or authorization, reduction of funds, and/or change in re6ulutlons. ,.4 SEPARATION OF CHURCH/STATE In accordance with First Amendment Church/StaLe principles, CD13G assistance may not be used for religious activities or provided to Nri.marily re-igious entities for any activities, including similar activities, as directed by 24 CFR 570.200(j). rUBRECIPIENT shall comply with this provision when entering into subcontracts. ARTICLE IV GENERAL REQUIREMENTS 4.1 INDEMNIFICATION Each SUBRECIPIENT shall indemnify, pay on behalf of, and save CITY harmless from and against any and all claims, liabilities, losses, and causes of c,etion which cnay arise out of SUBRECIPIENT'S activities under this Agreement, 95- 211 4 including ail acts or omissions to act on the: part of SUBRECIPIENT, participating businesses and any person acting for or on its behi.,lf; from and against any relevant oruers, judgements, or decrees which may be entered against the CITY; anu 'liabilities incurred by the CITY in the defense of any such claims or in the investigation thereof. 4.2 AMENDMENTS No amendments to this Abr:;emeat shall be binding on either party unless in writing and signed by both parties. 4.3 OWNERSHIP OF DOCUMENI'S All documents developed by SUBRE�lIVII;NT or at SUBRECiP1ENTS request pursuant to this Agreement shall be delivered to CITY by said SUBRECIPIENT' upon completion of the services comtemplated by this Agreement and shall become the property of CI'iY, without restri--tion or i i m i I a t i o n on its use. SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement sha-..'1 be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and be,:weeu the parties that any document which is given by CITY to SUBRECIPIENT pursuant to this Agreement shu-1 at all time rernain the property of CITY and shall not be used by SUBRECIPIENT for any other purposes whatsoever without the written consent of CITY. 4.4 AWARD OF AGREEMENT SUBRECIPIENT warracits that it has not employed or retained any person employed by the CITY to solicit or secure this 95- 211 AL),eem: nL and thai, iU h a o not of f eyed t-o pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 4.5 NUN-DELEGABILITY The obligations undertakeu by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person ur firm without the: CITY'S prior written consent. 4.6 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according; with all applicable laws, ordinances and codes of federal, state and local governments. 4.7 OBLIGATION TO RENEW Upon expir-tion of the term of thi6 Agreement, SUBRECIPIENT agrees and understands that CITY has no obligation to renew this Agreement. 4.6 TERMINATION OF CONTRACT CITY retains thy: right to terwiriute this Agreement at any time without penalty to CITY. In that event, the City shall give written notice of i.ermination to SUBRECIPIENT, who shall be paid for work performed prior to the date of its receipt to the notice of termination. In no uase, however, shall CITY pay SUBRECIPIENT an amount in excess of the total sum provid:.d by this Agreement. �- 211 4.9 It is hereby understood by and be:.wE n CITY and SUBRECIPIENT that any payment made in accordance with this Section shall be made only if no default has occurred in the performance of this Agreement. If' SUBRECIPIENT is in default;, or if the work contemplated hereunder is not being performed in accordance with the provisions hereof, the CITY shall in no way be obligated and shall not pay to SUBRECIPIENT any sum whatsoever. It is also understood that in accordance with 24 CFR 85.4:)- 44 of the CDBG rules and regulations, suspension or terminac.ion may occur if jUBRECIPIENT fails to comply with any term of this Agreement, or if the CITY deems it convenient to terininute it. GENERAL CONDITIONS: A. All notices or other communic•tiuns which shall or may be given pursuant to this Agreement shall be in writing and shaa.l be delivered by personal service, or by registered mail addressed to the party at the address indicated herein or as the same may be chL;rnged from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 30U BISCAYNE BLVD. WAY SUITE 420 MIAM1, FL -53 13 1 95-- 211 G -`i ABDA: DMP. ALLAPATTAH BUSINESS DEVELOP— DOWNTOWN MIAMI PARTNERSHIP MENT AUTHORITY, INC. 25 S.E. 2nd Ave. 2515 N.W. 20th St. Suite 825 Suite 2A Miami, FL _)31,51 Miami, FL 3j142 Attn: Attn: B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any atL,.iched documents, the terms of this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the sam.: or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provision, paragr�iph, sentence, word or phrase contained in this Agreement be determined by a court of compel.nt jurisdiction to be invalid, iliegai or otherwise unenforceable under the laws of the State of Florida or- th:: City of Miami, then 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 to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shill remain unmodii'iad and in full force and effect. � - 211 4.13 INDEPENDENT CONTRaC'TUR: The SUBRECIPIENT and its employt�es and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any ri6h-L,s or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the CITY. i4. 1 1 SUCCES60RS_ AND _ASSIGNS: This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. ARTICLE V CONFLICT OF IN'TERE.)T: The SUBRECIPlENT i6 aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dads CounLy Florida (Dade County Se,:tion 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects wi�.h the terms of said laws. The SUBRECiPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect:, in thL6 Agreement. The SUBRECIPIENT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of the SUBRECIP :EN'T or its employe :s, must be disclosed in writing ��- 211 to the CITY. The SUBRECIPIENT, in the performance of this Agreement, shall be subject to the more restrict law and/or guidelines re6arding conflict of interest promulgated by federal, state or local government. ARTICLE V1 NONDISCRIMINATION: 6.1 The SUBRECIPIENT agrees that it shall not discriminate as to race, sex, color, rel:igicn, age, natiunal origin, handicap, , or marital status in connection with its performance under this Agreement. Furthermore, that no otherwise yualifi,;d individual shall, solely by reason of his/her race, sex, color, religion, age, r►ai ionL:l origin, handicap, or marital status be excluded from the participation in, be denied ben::fits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. ARTICLE V11 ASSURANCES AND CERTIFICATIONS: 7.1 The SUBRECIPIENT assures and certifies that: a)All expenditures of funds will be iiiade in accordance with the stated budget allocation as approved by the City Coiamission. b)C.LTY funds wiil not be co —mingled wi.:h any other funds and that separate bank accounts and accounting records will be rnairitained. c)Th<: expenditures of CI'T'Y funds wiii be properly documented and such documentation will be maintained. 95- 211 N d)Periodic progross rallorLs as requested by the CITY will be provided. e)Th;-- SUBRECIP.LEN'1 will be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds expended riot in accordance with proper accounting standards as determined by competent auditing authority. f)No activity under this Agreement shall involve politicai activities. g)The SUBRECIPIENT possesses lega.L authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an c)fficidl act of the SUBRECIPIENT13 governing body, authorizing the execution of this Agreement, including all understandings the person identified as the official representative of the SUhf(EGIPiENT to act in connection with the contractor and to provide such additional information as may be required. ARTICLE VIII ENTIRE AGREEMENT: 8.1 This instrument and its attachments constitute the sole and only agreement of the parties hereto rei.ting to the Program and correctly set forth the rights, duties, and obligations of each to the other as of its da;;e. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. 95- 211 I ATTL:ST : MATTY HIRAI CITY CLERK ATTEST: CORPJRATE SECRETARY ATTEST: CORPORATE SECRETARY CITY OF MIAMI, a Municipal Corporation of the State of Florida BY: — --------------------- CESAR H. OD CITY MANAGER SUBRECIPIENT: BY: JU6j.E CORREA EXECUTIVE DIRECTOR (AFFIX SEAL) SUBRECIPIENT: BY: RAFAEL CABEZAS— EXECUTIVE DIRECTOR (AFFIX SEAL) APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, II'1 CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: NL;URANCE COORDINATOR 95- 211