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HomeMy WebLinkAboutR-93-0702J-93-836 11/15/93 93- 702 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $15,000, FROM METROPOLITAN DADE COUNTY, 1993-94 CAPITAL DEVELOPMENT GRANTS PROGRAM, FOR WORK RELATED TO THE TOWER THEATER RENOVATION PROJECT; AUTHORIZING AN ALLOCATION IN THE AMOUNT OF $15,000 FROM CAPITAL IMPROVEMENTS PROJECT NO. 321038, "LATIN QUARTER SPECIALTY CENTER", AS THE CITY OF MIAMI'S REQUIRED LOCAL AGENCY MATCH; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT. WHEREAS, the City of Miami, pursuant to Resolution No. 93-242, adopted April 15, 1993, authorized the City Manager to execute an Agreement with the firm of Bermello, Ajamil & Partners, Inc., for the acquisition of planning and design services including preparation of construction documents, and construction administration for the Tower Theater Renovation Project; and WHEREAS, in an effort to obtain additional funding for the Project, the Department of Development and Housing Conservation Development Division, as Project Manager, prepared a grant request application and submitted same to Metropolitan Dade County Cultural Affairs Council, 1993-94 Capital Development Grants Program; and I T 7 A C H MA I M T (S) 'T A11E VIELTING OF. NOV 2 3 1993 Resolution No, 93- '702 i _J WHEREAS, on October 14, 1993, the Cultural Affairs Council, recommended an award of $15,000 for the City of Miami Grants Application for work related to the renovation of the Tower Theater, located at 1508 Southwest 8th Street, Miami, Florida; and WHEREAS, in order for the City of Miami to accept said I Grant, the City must provide a local match of $15,000; and WHEREAS, funds to cover the required local agency match are available from Capital Improvements Project No. 321038, "Latin Quarter Specialty Center"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained 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. The City Manager is hereby authorized to accept a grant, in the amount of $15,000, from Metropolitan Dade County, 1993-94 Capital Development Grants Program, for work related to the Tower Theater Renovation Project, and an allocation, in the amount of $15,000, is hereby authorized from Capital Improvements Project No. 321038, "Latin Quarter Specialty Center", as the City of Miami's required local agency match. 93- 702 -2- Section 3. The City Manager is hereby authorized`/ to execute the necessary documentation, in substantially the attached form, for the acceptance and implementation said grant. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of November 1993. ST HEN P'.. CLA K, MAYOR ATT I MATtY HIRAI CITY CLERK PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO 7ORM AND CORRECTNESS: 141 Q NN JONFA, III CITY ATTO l BSS:M39107 The herein authorization is further subject to complianoewith all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 93- 702 -3- n CAPITAL DEVELOPMENT GRANTS PROGRAM GRANT AGREEMENT CDG (93-94)-8 The Metropolitan Dade County Cultural Affairs Council, and the Board of County Commissioners are pleased to announce that Dade County will award the grant described herein In consideration for the recipient's agreement to abide by all the following terms and considerations set forth In Articles I, II & III. ' 1. Grantee: ARTICLE 1 DESCRIPTION OF GRANT City of Miami 300 Biscayne Blvd. a400 Miami, FL 33131 2. Total Amount of Grant: $15,000.00. 3. Project Description: (See Exhibit N1, attached hereto.) 4. Itemized Line Item Budget: (See Exhibit N2, attached hereto.) 5. Expenditure Deadline: September 30, 1994 6. Final Report Due: 45 days after project completion IN WITNESS WHEREOF, the parties hereto have executed this Agreement: ATTEST: Clerk, Dade County County Commission (Grantee's Corporate Seal) Approved for form and legal sufficiency: Assistant Dade County Attorney DADE COUNTY, FLORIDA by Its BOARD of COUNTY COMMISSIONERS on the day of , 19 By County Manager GRANTEE: on the day of By Chairman or President Type or Print Above Signature , 19 By Treasurer/Chief Fiscal Officer Type or Print Above Signature By Executive Director - Phone Number Type or Print Above Signature 93- '702 ARTICLE 11 GENERAL CONDITIONS 1. Partiees. The parties to this agreement are the Grantee listed In Article 1, and Dade County, Florida, a political subdivision of the State of Florida. Dade county has delegated the responsibility of administering this Grant to the Exxecutive Director of the Metropolitan Dade County Cultural Affairs Council., or his designee, who shall be referred to herein as the "Director of the•. Council." 2. Projeect Description: The Grantee may only use the Grant for the purposes of purcchasing, renovating and/or equipping neighborhood -based cultural facilities as spoecificaily described in the Project Description attached hereto as Exhibit No. 1. All expenditures will be subject to the terms of this agreement and as: specified in the Itemized Line Item Budget attached hereto as Exhibit 2, or witth changes to be requested in writing from the Director of the Council, and so long as expenditures do not exceed the total amount of grants funds. Revenues: including matching public and private sector funds also wilt be specified In the Line Item Budget attached hereto, as Exhibit No. 2, or with changes to be reequested In writing from the Director of the Council. For at least five (5) years from the completion of the Grant Project, the Grantee shall usse the facility and/or equipment acquired and/or Improved under this Grant Project for not -for -profit cultural activities involving cultural programs benefit:ing artists and audiences, and for no other purposes. 3. Repor-is: This Grant has been awarded with the expectation that the described project will enhance and develop Dade County's cultural community. To demonstrate ::nat the Grant is fulfilling, or has fulfilled, Its purpose, and to monitor progrress, performance, and compliance with this agreement and with applicable municzipal, County, state and federal requirements, the Grantee must supply the Direc-.tor of the Council with written reports documenting that the Grantee has fuitfilled applicable all requirements. These reports are to be received by the Director of the Council according to the schedule listed under Article 1.6 abovve, or as prescribed by the Director of the Council. 4. Amounz% of Grant and Payment Schedule: The total amount of the Grant is specified in- Article 1.2. By making this Grant, Dade County assumes no obligation to prrovide financial support of any type whatever in excess of the total Grant asouunt. Cost overruns are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to Board of County Commission apprcovai of the award and upon receipt and approval by the Director of the Council cof all reports, invoices and documents due from the Grantee as required through- this agreement. 9 3- 702 Payment(s) of Grant funds will be made to the Grantee upon submission by the Grantee and upon approval by the Director of the Council of: documents 1 showing evidence of unquaIIfled right to occupy the premises for a per lod not less than five (5) years from execution of this grant; evidence of equipment having been received or paid for; and/or documentation reflecting the amount of construction work completed. In addition, the Grantee must supply the Director j of the Council with evidence that all matching funds as specified In Line Item Budget attached hereto as Exhibit No. 2, or as this Budget has been revised per written authorization by the Director of the Council, have been paid out for project expenses before payment of Grant funds will be made. i 5. Program Monitoring and Evaluation: The Director of the Council may monitor and conduct an evaluation of operations and the project under this Grant, which may include visits by County representatives to observe the project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. If the Grant Project Involves construction work, the Grantee shall: notify the Director of the Council of any applicable federal labor compliance requirements regarding procurement and pre -award procedures prior to scheduling pre -construction conferences; submit to the Director of the Council all plans and specifications and receive the approval of the Director of the Council prior to Issuance and implementation; and comply with all applicable provisions of applicable municipal, state, federal and County laws, regulations and rules. 6. Bank Accounts and Bonding: Monies received pursuant to this agreement shall be kept In accounts in established Dade County banks or savings and loan i associations whose Identities shall be disclosed in writing to the Director of i the Council with the Identity and title of individuals authorized to withdrew or write checks on Grant funds. ! 7. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made In conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Dade County in a secure place and in an orderly i fashion by the Grantee for at least three (3) years after the submission of the Final Report specified in Article 1.6. These books, records, and documents may j be examined by the Director of the Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Director of the Council may, at the County's expense, audit or have ! audited, upon reasonable notice, all the financial records of the Grantee, i whether or not purported to be related to this Grant. 9 3 _ 702 8. Publicity and Credits: The Grantee must Include the following credit line in all promotional and marketing materials related to this Grant, ,Including public announcements, press releases, programs, and print and broadcast media: THIS PROJECT IS SUPPORTED BY A GRANT FROM THE METROPCL_iTAN DADE COUNTY CULTURAL AFFAIRS COUNCIL, AND THE METROPOLITAN DADE COUNTY BOAAOD OF COUNTY COMMISSIONERS. 9. Liability and Indemnification: It is expressly understooa and Intended that the Grantee is merely a recipient of Grant funds and is no.: an agent of Dade County, Its Board of County Commissioners or the Metropc:iitan Dade County Cultural Affairs Council. In the event a claim or lawsuit is brought against Dade County, its Stsoard of County Commissioners, the Metropolitan Dade County Cultural Affairs Counno-11, or any of their officers, agents, or employees, the Grantee hereby agreeas to Indemnify, save harmless, and defend any and all claims liabilities, causeas of action, and judgments of any type whatsoever arising out of the operationn of this agreement and the Grantee shall pay all costs, attorney's fees, and expenses incurred by the aforementioned entities or individuals in connec--tion with such claims or suits. 10. Assignment: The Grantee is not permitted to assign this grant, and any purported assignment will be void. 11. Compliance with Laws: The Grantee agrees to abide by and be gcveerned by all applicable federal, state and county laws and terms of Grants to Dade County of which this is a subgrant, including but not limited to Dade Counnty's Ordinance No. 72-82 (Dade County's Conflict of Interest and Code of Et.nics Ordinance) as amended, which is Incorporated herein by reference as if `:uily set forth herein. 12. Remedies and Expenditure Deadline: In the event the Grantee sshall fall to materially conform with any of the provisions of this agreement, the Director of the Council may withhold or cancel all, or any, unpaid Installmments of the Grant upon giving five (5) calendar days' written notice to the Granntee, and the County shall have no further obligation to the Grantee under this agreement. Further, in the event of a material breach of any term or cond::tion of this Agreement, upon five (5) calendar days' written demand by the Direector of the Council, the Grantee shall repay to Dade County all portions of the Grant which have been received by the Grantee, but which have not actually Dean disbursed by the Grantee as of the date that the written demand is race!ived. In the event that this Grant is canceled or the Grantee is requested to rrepay Grant funds because of a breach of this agreement, the Grantee will no---. be eligible to apply to the Metropolitan Dade County Cultural Affairs Counci: for another Grant for a one year period commencing on the date the Granteee is notified In writing of the breach of this Agreement. 9 3 " 702 The Grantee will be liable to reimburse Dade County for all unauthor ized expenditures discovered after the expiration of the Grant period. The Grantee will also be Ilable to reimburse the County for all lost or stolen Grant funds. Any uncommitted Grant funds which remain In the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in Article 1.5 must be returned to Dade County within 15 days after the Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request in writing from the Director of the Council an extension of the Expenditure Deadline for a period not to exceed one (1) year. An additional one (1) year extension may be authorized by the Director of the Council if the Grantee can document in a written request sufficient grant project progress and cause for such an extension to be warranted. Grant funds which are to be repaid to Dade County pursuant to this Section are to be repaid by delivering to the Director of the Council a certified check for the total amount due, payable to Dade County, Florida. These provisions do not waive or preclude the County from pursuing any other remedy which may be available to it under the law. 13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this agreement either at the time the breach of failure occurs or at any time throughout the term of this agreement. 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of certified letters addressed to the Grantee at the address specified in Article I.I of this Agreement, and to the Director of the Council when addressed as follows: Executive Director, Metropolitan Dade County Cultural Affairs Council, 111 N.W. 1st Street, Suite 625, Miami, Florida 33128. 15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 16. Contract Represents Total Agreement: This contract, including Its i special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing Its terms. No modifications or amendments may be made to this agreement unless made in writing signed by both parties, and approved by appropriate action by the Board of County Commissioners. 93- 702 ARTICLES III COMPLIANCES The Grantee also accepts and agrees to comply with the following Special Conditions: The grantee hereby agrees that it will comply with Title Vi of the Civil Rights Act of 1964 (42 U.S.C. 2000d at seq.) prohibiting discrimination on the basis of race, color, national origin, disability, or sex in any program or activity receiving County support. Metropolitan Dade County endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. Metropolitan Dade County also endorses the mandate of the Rehabilitation Act of 1983 and Section 504 and prohibits discrimination on the basis of disability and requires that grant recipients provided equal access and equal opportunity and services without discrimination on the basis of any disability. In regard to Article 1.4, the Grantee is required to show evidence of unqualified right to occupy the premises for a period of not less than three (3) years form the execution of this grant. CAPITAL DEVELOPMENT GRANTTS PROGRAM EXHIBIT 1 REVISED PROJECT NARRRATIVE `QGANIZATION NAME ;ROJECT TITLE !LAME/ADDRESS OF FACILITY OATE(S) OF PROJECT This form must be completed. The REVISED PROJJECT NARRATIVE outlines how your aroject will be accomplished in light of the aamount of grant revenues awarded. This narrative must reflect how your project w1ill be scaled down to accommodate any decrease in grant revenues, if applicabl=e, or detail any changes in the 3riginal project description as submitted with your application. DESCRIPTION OF THE PURCHASE, REHABILITATION, ECGUIPMENT AND/OR FACILITY PLANNING ASPECTS OF PROJECT (please address specii`ic details of the project and Include a statement regarding facility/equipmeent use and accessibility to the general public and to other cultural organizat;ions). 93-- 702 CAPI DEVELOPMENT GRANTS PROGRAM EXHIBIT 2 REVISED PROJECT BUDGET ORGANIZATION NAME PROJECT TITLE _.. NAME/ADDRESS OF FACILITY DATE(S) OF PROJECT NOTE: Total Cash Expenses and Total Cash Revenues MUST BE EQUAL. CASH REVENUES Local Government Match $ (Indicate Unit of Local Government: ) Organizational Match (Indicate Sources and Amounts: ----- _ $�o©O s s s ) Capital Development Grant Awarded $ lc.�LG�Dt� TOTAL CASH REVENUE $ CASH EXPENSES (List specific project expenses and Indicate source of funds in appropriate columns) Local Capital Government Organization Development Grant SUBTOTALS 93- 702 Wa===WWo-W ==WMWWMWWWWM ==t=MM_WWMW TOTAL CASH EXPENSES (Local Gov't + Organization + Grant) $_— }CA=16 j INTER-OFFICIE 1vI,E1%AORANDUV, Honorable Mayor and Members of the City Commission d� FROM Cesa H. Odio City Manager RECOMMENDATION: 1993 _- Su6JEC- Acceptance of Grant for $15,000/ Tower Theater REFEREI+CESRenovation Project For Nov. 18, 1993 ENCLOSURESCOmmisslon Meeting It is respectfully recommended that the City Commission adopt the attached Resolution, accepting a grant in the amount of $15,000 from Metropolitan Dade County, 1993-94 Capital Development Grant Program, to be utilized for work related to the Tower Theater Renovation Project; authorizing the City Manager to execute the necessary documentation to implement said grant and allocating said grant funds in the Latin Quarter Specialty Center Capital Improvement Project No. 321038. BACKGROUND: The Department of Development and Housing Conservation, Development Division, recommends as Project managers, that the City Commission accept the grant from Metropolitan Dade County and authorize the City Manager to execute the necessary documentation to implement said grant to be utilized for the Tower Theater Renovation Project located at 1508 S.W. 8th Street, Miami, Florida. The Department of Development and Housing Conservation, Development Division and the firm of Bermello, Ajamil & Partners, Inc., is proceeding with the City Commission's directive related to the renovation of the Tower Theater in Little Havana. In an effort to obtain additional funding for this Project, a grant application was prepared by the Department of Development to the Metropolitan Dade County, 1993-94 Capital Development Grant Program. On October 14, 1994 the panel reviewing the grant applications recommended that the City's application be awarded $15,000. It is therefore, recommended that the attached Resolution in its entirety, grant funds for the Tower Theater. Attachments: Proposed Resolution Grant Agreement City Commission approve the in order to utilize the 93- '70} �Ga