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HomeMy WebLinkAboutR-94-0616u J-94-695 8/22/94 RESOLUTION NO. 9 616 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DOWNTOWN MIAMI PARTNERSHIP FOR THE:PURPOSE OF REHABILITATING EIGHTEEN (18) BUSINESSES IN ACCORDANCE WITH THE COMMERCIAL FACADE TREATMENT PROGRAM, WITH FUNDS- HEREFOR, IN THE AMOUNT OF $25,200.00 BBEING HEREBY ALLOCATED FROM THE COMMUNITY DZVELOPMENT BLOCK GRANT COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS. WHEREAS, the Commercial Facade Treatment Program was approved in the fourteenth (14th) year Community Development Block Grant Application by Resolution 88-384; and WHEREAS, the promotion of economic revitalization in the neighborhoods of the City of Miami is an important part of the. City's economic development strategy; and WHEREAS, Community .Development Block Grant funds are allocated from the Commercial Facade Revitalization Program up to the amount specified; and WHEREAS, the proposed Commercial Facade Treatment is a component of the Comprehensive Citywide Commercial Rehabilitation Assistant Facade Treatment Program; and WHEREAS, the proposed Commercial Facade Treatment Program will be implemented within the Downtown target area; and WHEREAS, eligibility ,for assistance will be based on a 70%- 30% funding match to be contributed by the City of Miami and each participating downtown target area business or property owner respectively; and CITY COMIvIISSIOA MEEIM;G OF TC S 7iaasv�.� S E P 0 9 1994 94- 61 t WHEREAS, the maximum amount allocated per participating business is $2,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA% Section 1. The City Manager is hereby authorized to enter into an agreement, in substantially the attached form, with the Downtown Miami Partnership (formerly DMBAj, in the amount of $25,200.00 for a period of one year. Section 2. The sum of $25,200.00 is hereby allocated from the Community Development Block Grant Funds for the purpose of assisting the Downtown Miami Partnership in the coordination and implementation of a comprehensive commercial facade exterior rehabilitation program. Section 3. City of Miami financial assistance to each of the 18 participating businesses or property owners through this program for a period of one year will be at a level of 70% up to a maximum of $1,400.00 for each participating business, with 30% to be contributed by each business or property owner up to a maximum of $600.00. Section 4. The properties to be rehabilitated have been properly reviewed by all parties involved, those parties being the City of Miami Department of Community Development and the Downtown Service Center, and are being maintained on file. Section 5. All documentation and invoices generated by the 18 projects shall be presented by the Downtown Miami Partnership to the City of Miami Department of Community Development upon completion of said projects. 94- 616 &a 1 0 Section 6. This Resolution shall become - effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of September , 199.4. SIVEPHEN P. CLARK, MAYOR ATTE MATTY HIRAI, CITY CLERK COMMUNITY DE ENT VIEW% FRANK eASTANEDAr DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT BUDGETARY REVIEW: MANOHAR S. SUS ASSISTANT CITY PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: e• '%, 4 W .tea QUINN JONES, III -60% TY ATTORNEY M4578/ABS/sls -3- 94- 616 CITY OF MIAMI, FLORIDA COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT 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 the Downtown Miami Partnership, a not -for -profit corporation of the State of Florida, hereinafter referred to as the "SUBRECIPIENT". RECITAL Funding Source: Community Development Block Grant _ Term of the Agreement: One year Amount% $25,200.00 Tax Identification Number: Executive Director: Josie Correa Address: 25 S.E. 2 Ave. #825, Miami FL 33131 Telephone Number: (305) 379-7070 WITNESSETH WHEREAS, this program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution No. 88-384; and WHEREAS, the City Commission passed Resolution No. authorizing the City Manager to execute a contractual agreement with the SUBRECIPIENT; and 94- 616 WHEREAS, the SUBRECIPIENT has been allocated Twenty -Five Thousand Two Hundred Dollars ($25,200.00) for the rehabilitation of eighteen (18) businesses in accordance with the Commercial Facade Treatment Program; NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I 1.0 PROCEDURES r 1.1 TIME OF PERFORMANCE The term of this Agreement shall be from to Upon termination of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 1.5 POLICIES AND PROCEDURES MANUAL SUBRECIPIENT is aware and accepts the procedures for the Commercial Facade Improvement Program as the official document which outlines the fiscal, administrative and Federal guidelines and which shall regulate the day-to-day operations of the SUBRECIPIENT, which is attached and incorporate herein and made a part of this Agreement. 1.6 BONDING AND INSURANCE 1. During the term of -this Agreement, the SUBRECIPIENT shall maintain insurance and bonding coverages in amounts acceptable to the City of Miami Department of Risk Management. Whenever applicable the City shall be named as an additional insured. 94- 616 2. During the term of this Agreement, the SUBRECIPIENT will be required to ensure that contractors participating in the facade improvement 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 SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement. 1.7 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 when work shall begin and will continue. 1.8 OTHER PROGRAM REQUIREMENTS (a) SUBRECIPIENT shall carry out its Work Program in compliance with all Federal laws and regulations described in Circulars A-110, A-122, and A-133. (Rules and Regulations for Community Development Block Grant Subrecipients). (b) SUBRECIPIENT shall not assume the CITY's environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations, and the CITY's responsibility for initiating the review process under Executive Order 12372 (Rules and Regulations for Community Development Block Grant Subrecipients). 94- 616 -3- (c) A contractor hired by the SUBRECIPEINT 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) A contractor hired by the SUBRECIPIENT shall be prohibited from using lead -based paint in structures rehabilitated with CDBG monies. 109 REPORTS, AUDITS AND EVALUATIONS The SUBRECIPEENT shall comply with the Federal Directive required by the U.S. Department of Housing and Urban Development (USHUD) to document that program 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. CITY may carry out monitoring and evaluation activities, including visits and observations by CITY 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 CITY, shall constitute good cause for the CITY to terminate this Agreement at any time thereafter. 94- 616 -4- ARTICLE II 2.0 SCOPE OF -SERVICES 2.1 The SUBRECIPIENT agrees to carry out the project in a lawful, satisfactory and proper manner, in accordance with the procedures, for the Commercial Facade Treatment Program and the Policies, and Procedures Manual for Community Development subrecipients and accepts them as the official documents which outlines the fiscal, administrative and federal guidelines and which shall regulate the day-to-day operations of the SUBRECIPIENT. 2.2 The SUBRECIPIENT will notify businesses of the availability of the Facade Treatment Program in the identified deteriorated.areas of the target area's commercial corridors and to the businesses in the rest of the target area with blighted storefront buildings. 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. 2.4 The SUBRECIPIENT will enter into a commercial facade rehabilitation agreement with the eighteen .(18) businesses after approval by the Department of Community Development and will receive a matching contribution up to $600.00 as established. This payment will be made by money order or cashier check only. 2.5 The SUBRECIPIENT will advertise for bid the work to be done, (a minimum of two bids is required), including City's paint specifications, guarantees and insurance guidelines, and along with the business/property owner. will select the hat a contract '� 94- OIL- -5- is executed between the SUBSUBRECIPIENT and the business/property owner. . 2.6 The SUBRECIPIENT will inform the Department of Community Development when the work is completed for inspection and approval. A picture of each business (before and after) must be obtained by the Neighborhood Enhancement Team (NET) Office. 2.7 The SUBRECIPIENT shall obtain, upon completion of the property being rehabilitated, a Certification and Acceptance of Work, properly signed by: a) Business/property owner b) Community Based Organization c) Department of Community Development d) Neighborhood Enhancement Team Representative 2.8 After completion. and approval the SUBRECIPIENT will approve all invoices .submitted by the CONTRACTOR and submit a request for payment to the Department of Community Development within five (5) days of work completion. 2.9 The SUBRECIPIENT will be required to open and maintain a separate checking account for the duration of this contractual agreement. 2.10 The Department of Community Development will monitor the fiscal and programmatic operations of the Commercial facade Treatment Program every quarter. The SUBRECIPIENT will be required to make available all financial records as well as operational documents. Said right shall exist during the period of this Agreement and for a period of three (3) years following the date of a contract termination. 94- 616 -6- 2.11 The SUBRECIPIENT is required to execute this Agreement =_ within thirty (30) days of receipt from the Department of Community Development. Failure to do so will be cause to deny contract execution with said SUBRECIPIENT. 2.12 The following services will be allowed under the auspices of the Commercial Facade Treatment Program. 1. Painting (include pressure cleaning, caulking, etc.) 2. Signage 3. Awning 4. Door , 5. Store Show Case Window 6. Shutter 2.13 The SUBRECIPIENT agrees that no funds allocated under this Agreement shall go toward administrative cost. 2.14 :If the :service contracted (awning, sign or shutter) requires a deposit, the matching contributions from the business owner could be realized after the contract is signed between the SUBRECIPIENT and the Business Owner. ARTICLE III 3.0 FUNDING 3.1 COMPENSATION A. CITY shall pay SUBRECIPIENT, $ as maximum compensation for the work provided pursuant to Resolution No. 3.2 AUDIT RIGHTS CITY reserves 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 94- 616 -7- . this Agreement. SUBRECIPIENT agrees to provide all t financial and other applicable records. and documentation of worked performed to CITY. 3.3 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 authorization, reduction of funds, and/or change in regulations. 3.4 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 570.200(j). SUBRECIPIENT shall comply with this provision when entering into subcontracts. ARTICLE IV 4.0 GENERAL REQUIREMENTS 4.1 INDEMNIFICATION SUBRECIPIENT shall pay on behalf of, and save CITY harmless from and against .any and all claims, liabilities, losses, and causes of action which may arise out of SUBRECIPIENT'S activities under this Agreement, including all other acts or omissions to act on the part of SUBRECIPIENT, including any person acting for or on its behalf, from and against any relevant orders, judgements, or decrees which may be entered -8- 94- sis against the CITY; and liabilities incurred by the: CITY in the defense of any such claims or in the investigation thereof. 4.2 AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 4.3 OWNERSHIP OF DOCUMENTS All documents developed by SUBRECIPIENT under this Agreement shall be delivered to CITY by said SUBRECIPIENT upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. SUBRECIPIENT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and SUBRECIPIENT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by CITY and SUBRECIPIENT pursuant to this Agreement shall at all time remain 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 warrants that it has not employed or retained any person employed by the CITY 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 any fee, commission percentage, brokerage fee, or gift of any kind 94- 616 4.5 4.6 4.7 4.8 contingent upon or resulting from the award of this Agreement. NON-DELEGABILITY The obligations undertaken by the SUBRECIPIENT 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. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and. enforced according with all applicable laws, ordinances and codes of federal, state and local governments. OBLIGATION TO RENEW Upon expiration of the term of this Agreement, SUBRECIPIENT agrees and understands that CITY has no obligation to renew this Agreement. 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 SUBRECIPIENT, who shall be paid for work performed prior to the date of its receipt to the notice of termination. In no case, however, shall CITY pay SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and SUBRECIPIENT that any payment made in accordance with this Section to SUBRECIPIENT shall be made only if said SUBRECIPIENT is not 94- 616 in default under the terms of this Agreement. If SUBRECIPIENT is in default, 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 CPR 85.43- 44 of the CDBG rules and regulations, suspension or termination may occur if SUBRECIPIENT fails to comply with any term of this Agreement, or if the CITY deems it convenient to terminate it. 4.9 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: SUBRECIPIENT: DEPARTMENT OF COMMUNITY DOWNTOWN MIAMI PARTNERSHIP DEVELOPMENT 25 S.E. 2ND AVE. #825 300 BISCAYNE BLVD. WAY MIAMI, FL 33131 SUITE 420 MIAMI, FL 33131 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. 94- si 6 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 6ontained 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. 4.10 INDEPENDENT SUBRECIPIENT: The SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights 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. 9 4 - 616 -12- -= t 4.11 SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE V 5.0 CONFLICT OF INTEREST: The SUBRECIPIENT 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 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 this Agreement. The SUBRECIPIENT 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 SUBRECIPIENT or its employee, must be disclosed in writing to the CITY. The SUBRECIPIENT, 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. 94- 616 -13- ARTICLE VI 6.0 NONDISCRIMINATION: The SUBRECIPIENT agrees that it shall not discriminate as to race, sex, color,ftt,%a-�ibn—.4l r in orr h� ap in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, A14e1 / i national origin, or handicap, be excluded from the r participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. ARTICLE VII 7.0 ASSURANCES AND CERTIFICATIONS: The SUBRECIPIENT 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 SUBRECIPIENT will be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds 94- 616 expended not in accordance with proper 4ccounting standards as determined by• competent auditing authority. f) No activity under this Agreement shall involve political activities. g) The SUBRECIPIENT 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 SUBRECIPIENT'S governing body, authorizing the execution of this Agreement, including all understandings the person identified as the official representative of the SUBRECIPIENT to act in connection with the contractor and to provide such additional information as may be required. ARTICLE VIII 8.0 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. ' 94- 616 -15- 1. ATTEST: MATTY HIRAI CITY CLERK ATTEST: CITY OF MIAMI, a :Municipal Corporation of the State of Florida' BY: CESAR H. ODIO CITY MANAGER SUBRECIPIENT: BY: CORPORATE SECRETARY JOSIE CORREA EXECUTIVE DIRECTOR (AFFIX SEAL) APPROVED AS TO FORM AND CORRECTNESS: La .IWL . QUINN JONES, I TY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE COORDINATOR n 94- 616 -16- CITY OF MIAMI, FLORIDA CA=149 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM : Cesa ler O City RECOMMENDATION: DATE August 8, 1994 E ELF SUBJECT Commercial Facade Rehabilitation Treat- ment Program REFERENCES Agenda Item for ENCLOSURES 9/8/94 Meeting It is respectfully recommended that the City of Miami Commission approve the attached resolution allocating Twenty Five Thousand Two Hundred Dollars ($25,200.00), towards the commercial facade rehabilitation for eighteen (18) businesses in Downtown Miami. This project is being done in an effort to continue the enhancement and the appearance of our business district. This project will be coordinated by Downtown Miami Partnership along with business and property owners of the Downtown target area. BACKGROUND: The Department of Community Development, at the request of Downtown Miami Partnership and the Downtown Service Center, recommends the allocation of $25,200.00 in Community Development Block Grant Funds, to promote economic revitalization within blighted City of Miami neighborhoods. The Commercial Facade Treatment Program was implemented per Resolution #88-384, during the 14th Year of the Community Development Block Grant Program. Since that time, many business exteriors have been improved with respect to paint, signs, awnings, etc., resulting in upgraded working and living environments of the affected areas, enhanced neighborhood services, and increased benefits to the community. Therefore, it is requested that the City of Miami enter into an agreement with the Downtown Miami Partnership for a period of one year, to assist in the coordination and implementation of the facade improvement program of the following properties: Downtown Area NAME ADDRESS Pacific Photo (Vacant) (Vacant) Vallejo Barber Shop Popular Fabrics Rasi Beeper 55 N.E. 2 Street 59 N.E. 2 Street 61 N.E. 2 Street 65 N.E. 2 Street 67-69 N.E. 2 Street 71 N.E. 2 Street 94- 616 I Honorable Mayor and Members of the City Commission Page 2 NAME ADDRESS i Esther Lunxh 200-206 N.E. 1 Avenue (Vacant) 208 N.E. 1 Avenue Gloria Bakery 210 N.E. 1 Avenue Fabrics & Fashions 214 N.E. 1 Avenue I Baby's Rainbow 218 N.E. 1 Avenue Miami Sun Plaza 222 N.E. 1 Avenue Miami Sun Hotel 226 N.E. 1 Avenue Miami Sun Cafe 228 N.E. 1 Avenue Rosa Fabrics 234, 242-244 N.E. 1 Avenue Caribbean Delight 236 N.E. 1 Avenue 99 Cents 238 N.E. 1 Avenue Shoes Gallery 240 N.E. 1 Avenue Each of the above captioned enterprises would be allocated a maximum of two thousand dollars ($2,000.00), with the City of Miami contributing 70%, up to one thousand four hundred dollars ($1,400.00) and the business or property owner contributing 30%, up to six hundred dollars ($600.00). The Downtown Miami Partnership would assume responsibility for the completion of all pertinent documentation, and would forward such information to the City of Miami Department of Community Development. Therefore, per the aforementioned legislation, it is requested that the attached resolution be adopted. I I ATTACHMENT