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HomeMy WebLinkAboutR-94-0336E J-94-345 5/5/94 PZSO r CN NO 9 4_ 336 �,• • �+ra • a• �� tag ! �. • air `^ / : •' ' •n ! • r • ' n.' n. WfOMS, the City Commission has approvled the allocation of one hundred thousand dollars ($100,000) from Commmity Development Block Grant (CMG) WHEREAS, the Association, for Retarded Citizens (the "Association") has requested said f mxUng for the purpose of renovating a bd2ding located at 5555 Biscayne Boulevard., Miami., Florida, which will house administrative offices as well as educational., job training and placement programs for persons with disabilities; and MWM, Metropolitan Dade County is participating in this effort with Section 1. The recitals and findings gs contained in the Preamble to this Resolution are hereby adopted by reference thereto and inoorporated herein as if fully set forth 3n this Section. 1 7 T A C T (S) CT CITY COKMSSION MEETING OF MAY n 5 1994 Resolution No. 14- 336 Section 2. The City Manager is hereby authorized to enter into an agreement, in substantially the attached form, with Metropolitan Dade County for the purpose of assisting in the renovation of a '�g located at 8666 Biscayne Boulevard, Miami, Florida. Section 3. The sum of one hundred thousand dollars ($100,000.00) of Community Devel.opmnent Block Grant (CDBG) Funds is hereby allocated for the purpose of assisting with the implementation of building renovations for the Association for Retarded Citizens (the "Assooiation"). Section 4. Financial assistance to the Association will be provided through CDBG matohiiV funds with the City of Miami contributing ($100,000.00) and Metropolitan Dads County contributing up to a maximum of two hundred thousand dollars ($200,000.00). Section 5. The property to be renovated has been properly reviewed by the City of Miami., Department of Community Development and Metropolitan Dade County, Department of Business and Economic Development and is being maintained on file. Section 6. Metropolitan Dude County will be responsible for monitoring the contractor's/owner's federal compliance with the Davis -Bacon wage requirements. Section 7. Upon completion of this project, Metropolitan Dade County will present to the City of Miami., Department of Community Development, all documentation and invoices generated by this project. Section 8. This Resolution sha.'1l become effective immediately upon its adoption. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- 94- 336 DEPARTMENT OF OCMHUNITY DEVELOPMENT REVIEWED AS • AOCCUNTING AND TREASM REQUIREMENTS: Nw•w O E. GARCIA, r !• = DEPAMENT OF M BUDGETARY t \.:t� u • '•i \� PREPARED AND APPROVED 64 wv , 7 . LGA a " " f �� 05 / APPROVED AS TO FCM AND i•••3 A''+1 •1` i a I,a} ABS:CRS:csk:bss:M4317 mm 14-- 336 CITY OF MIAMI, FLORIDA 'SOCIATION FOR RETARDED CI', BENS This Agreement entered into this day of , 1994, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Metropolitan Dade County, hereinafter referred to as to "COUNTY". RECITAL Funding Source: Community Development Block Grant Organization: Dade County (County) for the Association for Retarded Citizens (Subrecipient) Term of Agreement: One (1) Year Amount: $100,000.00 Tax Identification Number: Executive Director: Michael E. Messer Address: 5555 Biscayne Boulevard Telephone Number: (305) 759-8500 W I T N E S S E T H lWHEREAS, the City Commission passed Resolution No. 94-336 f authorizing the City Manager to execute a contractual agreement with the COUNTY; and WHEREAS, the CITY will assist the Association for Retarded t Citizens in conjunction with the COUNTY and will allocate one hundred thousand dollars ($100,000.00) for renovations; and 1 NOW THEREFORE, in consideration of the promises and the 14- 336 t� -g40 b ',)-0 Q mutual covenants ani'—pbligations herein contain , and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I 1.0 PROCEDURES 1.1 TIME OF PERFORMANCE The term of this Agreement shall be one (1) year. 1.2 POLICIES AND PROCEDURES The COUNTY will ensure SUBRECIPIENT awareness and acceptance of the policies and procedures according to the CITY'S guidelines which are herein stated for the project as the official document which outlines the fiscal, administrative and Federal guidelines and which shall regulate the day-to- day operations of SUBRECIPIENT, which is attached and incorporated herein and made a part of this Agreement. 1.3 BASIC REQUIREMENTS As a necessary part of this Agreement, the following documents must be approved by the City prior to its execution and must be on file with the Department of i Community Development: i 1.3.1 Corporate Resolution authorizing execution of this Agreement. I 1.3.2 The Work Program submitted by the SUBRECIPIENTS to the County became an attachment to this Agreement and shall include the following: (a) The description section should detail the 0 14- 336 activi '�s to be carried out by .ne SUBRECIPIENT. It should specifically describe the services to be provided as a result of the expenditures of CDBG funds. Where appropriate, it should list measurable objectives and define the who, what, where and when; and in general how these activities will ensure that the intended beneficiaries will be served once the project is fully completed. (b) The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and deadlines for accomplishment of tasks, on the delivery of services. These projected milestones and deadlines are a basis for measuring actual progress during the term of the agreement. These items shall be in sufficient detail to provide a sound basis for the COUNTY and the CITY to effectively monitor performance by the SUBRECIPIENT under this agreement. 1.4 BUDGET SUMMARY Budget summary should include: completion of SUBRECIPIENT's Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure, and Staff Salaries Schedule (on forms supplied by the CITY); budget for program -generated revenues; copies of all subcontracts and/or management services Agreements funded in whole or in part under this Agreement. 14- 3336 1.5 BONDING AND INSURANCE 1. During the term of this Agreement, the COUNTY will be required to ensure that SUBRECIPIENT, CONTRACTORS AND SUBCONTRACTORS participating in the project shall maintain appropriate general liability insurance coverage prior to the commencement of work. The amount of insurance coverage shall be determined by the Insurance Coordinator of the City of Miami. Compliance with the foregoing requirements shall not relieve the COUNTY of its liability and obligations under this section or under any other section of this Agreement. 1.6 LEVEL OF SERVICE Should start-up time for a program be required or any delays in the execution of the work by the SUBRECIPIENT occur, the City of Miami Department of Community Development is to be notified in writing immediately, providing all pertinent details, indicating when work shall resume and conclude. 1.7 OTHER REQUIREMENTS (a) The maximum funds allocated for the project is three hundred thousand dollars ($300,000.00), with CITY contributing one hundred thousand dollars ($100,000.00), and COUNTY contributing two hundred thousand dollars ($200,000.00). (b) All CONTRACTORS and SUBCONTRACTORS hired for this project shall comply with the Davis -Bacon Act wage requirements on all construction, rehabilitation and other labor intensive work funded by the CITY in excess of $2,000. The CONTRACTORS hnd SUBCONTRACTORS shall abide by the Federal Labor Standards provision 14- 336 of U.S HUD Form 4010 incorporated herein as part of this agreement. The County will ensure compliance of the Davis Bacon Act and all Federal Labor Standards applicable to construction related activities funded through this agreement. (c) CONTRACTORS and SUBCONTRACTORS hired by the SUBRECIPIENT must be selected in accordance with Office of Management and Budget Circular No. A-110 and will file, if applicable, IRS Form 1099 with persons providing consultant services in excess of $400.00. (d) The SUBRECIPIENT shall not assume the CITY's and COUNTY's responsibilities described at 24 CFR 570.604 of the CDBG Program regulations, or CITY's and COUNTY's responsibilities for initiating the review process under Executive Order 12373 (Rules and Regulations for Community Development Block Grant Subrecipients). The COUNTY will ensure compliance of the activity with environmental requirements. (e) CONTRACTORS AND SUBCONTRACTORS hired by the SUBRECIPIENT shall be prohibited from using lead -based paint in structure rehabilitated with CDBG monies. 1.8. REMEDIES FOR NON-COMPLIANCE If the COUNTY and/or SUBRECIPIENT materially fail to comply with any term of an award and an agreement, the CITY may take one or more of the following courses of actions as stated in (24 CFR 85.43). (a) Temporarily withold cash payments pending correction of the deficiency by the COUNTY and/or SUBRECIPIENT or more severe enforcement action by the awarding Agency. 34-- 336 (b) Disallow tthat is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance. (c) Wholly or partly suspend or terminate the current award for the COUNTY and SUBRECIPIENT program. (d) Withhold further awards for the program, or (e) Take other remedies that may be legally available. 1.9 TRANSFER OF ASSETS Upon expiration of this Agreement, the SUBRECIPIENT shall transfer to the CITY any CITY's CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CITY's CDBG funds. Any real estate property that was acquired or improved by SUBRECIPIENT in whole or in part with CITY's CDBG funds in excess of $25,000 shall be either: A. Used to meet one of the three (3) CDBG National Objectives set forth by 24 CFR 570.208 of the CDBG Program regulations, until five (5) years after expiration of this Agreement, or such longer period of time as determined appropriate by the City; or B. Disposed of in a manner resulting in the CITY being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of the County's funds for acquisition of, or improvements to, the property. 2.0 SALE OF PROPERTY, DISPOSITION, RETENTION AND TRANSFER OF TITLE A. Title - Subject to the obligations and conditions set forth in this section, title to real property acquired, '14- 336 under a g_.nt or subgrant will vest upon acquisition in the SUBRECIPIENT or COUNTY respectively as stated in 24 CFR Part 85. B. Use - Except as otherwise provided by Federal statutes, real property will be used for the originally authorized purposes as long as needed for that purpose, and the SUBRECIPIENT shall not dispose of or encumber its title or other interests. C. Disposition - When real property is no longer needed SUBRECIPIENT will request disposition instructions from the COUNTY and the CITY. The instructions will provide for one of the following alternatives: (1) Retention of Title; retain title after compensating the CITY. The amount paid to the CITY will be com- puted by applying the CITY's percentage of participation in the cost of the original purchase to the fair market value of the property. However, in those situations where the SUBRECIPIENT is i disposing of real property acquired with grant funds and acquiring replacement real property under the same program, the net proceeds from the disposition may be used as an offset to the cost of the replacement property. (2) Sale of Property; sell the property and compensate the CITY will be calculated by applying the CITY's percentage of participation in the cost of the original purchase to the proceeds of the sale after deduction of any actual and reasonable selling and fixing -up expenses. If the grant is still active, �_114- 336 the --t proceeds from sale may be offset against the original cost of the property. When the SUBRECIPIENT is directed to sell property, sales procedures shall be followed that provide for competition to the extent practicable and result inthe highest possible return. (3) Transfer of Title; transfer title to the CITY or to COUNTY. The SUBRECIPIENT shall be paid an amount calculated by applying the CITY's percentage of participation in the purchase of the real property to the current fair market value of the property. 2.1 REPORTS, AUDITS AND EVALUATION The SUBRECIPIENT shall comply with the Federal Directive required by the U.S. Department of Housing and Urban Development (USHUD) to document that activities are provided for the benefit of low to moderate income persons. In accordance with the Code 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 CITY, SUBRECIPIENT shall transmit to CITY written statements of SUBRECIPIENT's official policy on specified issues relating to SUBRECIPIENT's activities. COUNTY will carry out monitoring and evaluation activities, including visits and observations by COUNTY staff; SUBRECIPIENT shall ensure the cooperation of its employees and Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the COUNTY, shall constitute good cause for the CITY to terminate this Agreement at any time thereafter. 14 - ARTICLE II 2.2 SCOPE OF SERVICES 2.3 The COUNTY agrees to carry out the project in a lawful, satisfactory and proper manner, in accordance with the Policies and Procedures incorporated herein for the project and accepts them as the official documents which outlines the fiscal, administrative and federal guidelines regulated for the day-to-day operations of the SUBRECIPIENT and made part of this Agreement. 2.4 The COUNTY will advertise for bid, the work to be done, including City's paint specifications, guarantees and insurance guidelines, obtain a minimum of three bids, select the lower bid and/or the best offer, and sign a contract with the CONTRACTOR. The project consists of general renovations in order to bring the facility up to code. Life/safety requirements must be met including those required by the ADA. 2.5 The CONTRACTOR will inform the County's Office of Community Development upon completion of work for inspection and approval. 2.6 The CONTRACTOR shall obtain, upon completion of the property being rehabilitated, a Certification and Acceptance of Work, properly signed by: a) Business/property owner b) City of Miami Department of Community Development c) Metropolitan Dade County Office of Community Development 2.7 The County's Office of Community Development will monitor the fiscal and programmatic operations of the project. The SUBRECIPIENT will be required to make available all 4- 336 financial reCL .s as well as operational documents to the County and City's representatives upon request. Said right shall exist during the period of this Agreement. ARTICLE III 2.8 FUNDING 2.9 COMPENSATION CITY and COUNTY shall pay SUBRECIPIENT $100,000 and $200,000 respectively, as maximum compensation for the work provided pursuant to Resolution No. 94-336. 3.0 AUDIT RIGHTS CITY reserves the right to audit the records of COUNTY and 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. COUNTY agrees to provide all financial and other applicable records and documentation of services to CITY. 3.1 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorisation, reduction of funds, and/or change in regulations. 3.2 SEPARATION OF CHURCH/STATE In accordance with First Amendment Church/State principles, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including similar activities, as directed by 24 CFR j 570.200(j). SUBRECIPIENT shall comply with this provision when entering into subcontracts. '14 W 336 ARTICLE IV 3.3 GENERAL REQUIREMENTS 3.4 INDEMNIFICATION SUBRECIPIENT shall undemnify and save harmless the City, its agents, officers and employees from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONTRACTOR'S activities under this Agreement, including acts or omissions to act on the part of SUBRECIPIENT, and or the contractor its employees, agents, and any person acting for or on its behalf; and from and { against any and all costs attorney's fees, expenses and i liability in relation to any orders, judgements, or decrees i which may be entered against the CITY; and all costs, expenses and liabilities incurred by the CITY in connection i with the defense of any such claims or in the investigation thereof. 3.5 AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 3.6 OWNERSHIP OF DOCUMENTS All documents developed by SUBRECIPIENT under this Agreement shall be delivered to COUNTY upon completion of the services required pursuant to this Agreement and shall become the property of COUNTY, without restriction or limitation on its use. SUBRECIPIENT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY, COUNTY and SUBRECIPIENT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. 4- 336 It is further understood by and between the parties that any document which is given by COUNTY and/or SUBRECIPIENT pursuant to this Agreement shall at all times remain the property of COUNTY and shall not be used by SUBRECIPIENT for any other purposes whatsoever without the written consent of COUNTY. 3.7 AWARD OF AGREEMENT SUBRECIPIENT warrants that it has not employed or retained any person employed by the CITY or the COUNTY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY or the COUNTY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 3.8 NON-DELEGATABILITY The obligations undertaken by the COUNTY pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 3.9 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according with all applicable laws, ordinances and codes of federal, state and local governments. 4.0 TERMINATION OF CONTRACT CITY retains the right to terminate this Agreement at any time pursuant to this Agreement without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to COUNTY, who shall be paid for those services '4- 336 v performed prior to the date of its receipt to the notice of termination. In no case, however, shall CITY pay COUNTY an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and COUNTY that any payment made in accordance with this Section to COUNTY shall be made only if COUNTY is not in default under the terms of this Agreement. If COUNTY is in default, the CITY shall in no way be obligated and shall not pay to COUNTY any sum whatsoever. It is also understood that in accordance with 24 CFR 85.43- 44 of the CDBG rules and regulations, suspension or termination may occur if COUNTY fails to comply with any term of this Agreement, or if the CITY deems it convenient to terminate it. 4.1 GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the party at the address indicated herein or as the same may be changed 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 METROPOLITAN DADE COUNTY DEPARTMENT OF COMMUNITY OFFICE OF COMMUNITY DEVELOPMENT DEVELOPMENT Ill N.W. 1 ST. 300 Biscayne Blvd., Way Suite 1710 Suite 420 Miami, FL 33128 Miami, FL 33131 1 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. - 3 � 46 C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached 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 same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases 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 or the City of Miami, such provisions,. paragraphs, sentences, words or phrases 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 shall remain unmodified and in full force and effect. 4.2 INDEPENDENT SUBRECIPIENT: The SUBRECIPIENT and its employees and agents shall be deemed to be independent SUBRECIPIENTs, and not agents or employees of CITY or COUNTY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or COUNTY, 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 or the COUNTY. 0#4- 336 4.3 SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE V 4.4 CONFLICT OF INTEREST: The COUNTY is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. The COUNTY 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 this Agreement. The COUNTY further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the CONTRACTOR, SUBCONTRACTORS, or COUNTY or their employees, must be disclosed in writing to the CITY. The SUBRECIPIENT and COUNTY, in the performance of this Agreement, shall be subject to the more restrict law and/or guidelines regarding conflict of interest promulgated by federal, state or local governments. ARTICLE VI 4.5 NONDISCRIMINATION: The COUNTY, SUBRECIPIENT, CONTRACTOR AND SUBCONTRACTOR agree that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status or handicap in connection with its performance under this Pi4- 336 Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, religion, national origin, age, marital status or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. ARTICLE VII 4.6 ASSURANCES AND CERTIFICATIONS: The COUNTY assures and certifies that: a) All expenditures of funds will be made in accordance with the stated budget allocation as approved by the City Commission. b) CITY funds will not be co -mingled with any other funds and that separate bank accounts and accounting records will be maintained. c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will be provided. e) The COUNTY will be liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds standards as determined by competent auditing authority. f) No activity under this Agreement shall involve political activities. J 14- 336 g) The COUNTY possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the COUNTY'S governing body, authorizing the execution of this Agreement, including all understandings the person identified as the official representative of the COUNTY to act in connection with the COUNTY and to provide such additional information as may be required. 4.7 REVERSAL OF ASSETS The County should ensure that a lien is placed on the property located at 5555 Biscayne Biscayne Boulevard and that said lien should be recorded in the Dade County Public Records. In the event that said property changes ownership once the contract has been fully executed, City funds should be reimbursed to the City of Miami. ARTICLE VIII 4.8 ENTIRE AGREEMENTS: This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant 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. 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. 014— 336 ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida BY: MATTY HIRAI CESAR H. ODIO CITY CLERK CITY MANAGER ATTEST: METROPOLITAN DADE COUNTY, a Municipal Corporation of the State of Florida BY: COUNTY CLERK JOAQUIN AVINO 1 COUNTY MANAGER (AFFIX SEAL) I APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: FRANK K. ROLLASON DEPUTY CHIEF RISK MANAGEMENT DIVISION 94- 3J6 4 CITY OF MIAMI, FLORIDA �� INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission eyes �io FROM : City ,tiger RECOMMENDATION DATE : April 11, 1994 FILE : SUBJECT: Association for Retarded Citizens REFERENCES- genda Item for 5/5 ENCLOSURES: It is respectfully recommended that the City of Miami Commission approve the attached resolution allocating one hundred thousand dollars ($100,000.00) in matching CDBG funds for the purpose of renovating a new building located at 5555 Biscayne Boulevard, Miami, to be performed in conjunction with Metropolitan Dade County. BACKGROUND The Department of Community Development, at the request of the Association for Retarded Citizens, Dade County, (attached) recommends the allocation of matching funds in the amount of one i hundred thousand dollars ($100,000.00) for this purpose. jWe have prepared the appropriate resolution for aprroval in order j to process this request as expeditiously as possible. Renovation for this facility is being requested because it is used for j administrative offices as well as educational, job training and placement programs for persons with disabilities. Metropolitan Dade County has recently awarded two hundred thousand dollars ($200,000.00) in County -wide CDBG funding as per Resolution 443-94 to assist in this renovation project. The Executive Director for this organization would like to roll both allocations into one project since it would ease the project in terms of federal compliance. Attachment �4- 6