HomeMy WebLinkAboutR-92-00894
J-92--79
02/03/92
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI
DADE COMMUNITY COLLEGE TO PROVIDE A LAND
ACQUISITION GRANT IN THE AMOUNT OF $850,000,
AND ALLOCATING FUNDS THEREFOR IN THE AMOUNT
OF $700,000 FROM 15TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND IN THE
AMOUNT OF $150,000 FROM 17TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
WHEREAS, the City Commission is desirous of providing
financial assistance towards the expansion of the downtown
Wolfson Campus of Miami Dade Community College; and
WHEREAS, Miami Dade Community College is a major educational
institution providing services to residents county -wide; and
WHEREAS, funds are available and were previously recommended
from the 15th and 17th Year Community Development Block Grant
program;
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.
Cr1 i fYk d i`%1_.�
CITY CO' N!"AI aSION
1\1EL1ING OF.�;;
FEB 13 1992
RESOW710N Ilo,
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Section 2. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, with
Miami Dade Community College to provide a land acquisition grant
for the continued expansion of the downtown Wolfson Campus to
improve and increase educational services to the community.
Section 3. Funds for the land acquisition grant in the
amount of $150,000 from the 17th Year Community Development Block
Grant program, and in the amount of $700,000 from the 15th Year
Community Development Block Grant program are hereby allocated.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th
ATT
404000��
MATTY HIRAI, CITY CLERK
day of Febr y , 1992.
YAVIER L. UAREZ, MAYOR
COMMUNITY DEVELOPMENT REVIEW AND APPROVAL:
J .1
FRANK CAj5TANEDA, DIRECTOR
DEPT. OF COMMUNITY DEVELOPMENT
FINANCIAL DEPARTMENT REVIEW AND APPROVAL:
UA
CARLOS E. ARCIA, DIRECTOR
DEPARTMENT OF FINANCE
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BUDGETARY REVIEW AND APPROVAL:
an
MANOHAR S. A, DIRECTOR
DEPARTMENT O UDGET
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ABS /mv /MT7 7 8
SPECIAL AGREEMENT NO. 2
MIAHI DADE COMMUNITY COLLEGE, INC.
THIS AGREE14E,NT entered into this day of
, 1992, by and between the City of Miami, a
municipal corporation of the State of Florida, (hereinafter
referred to as the "CITY" and the I4IA14I DADS C01414UI41TY COLLEGE,
INC., (hereinafter referred to as) "GRANTEE".
WITNESSES
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, the promotion of economic revitalization in the
neighborhoods of the City of Miami as an important part of the
City's economic development strategy; and
WHEREAS, the City Commission passed Resolution No. 91-365 on
May 9, 1991, approving eight hundred and fifty thousand dollars
($850,000) from the 17th and 15th Years Community Development
Block Grant ("CDBG") Program allocation to Miami Dade Community
College for assistance in the acquisition of property adjacent to
the Downtown campus for the purpose of expanding current
facilities.
NOW, THEREFOR, in consideration of the promise3 and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions lie reinafter stated, the parties hereto
understand and agree as follows:
ARTICLE I
DEFINITIONS
For the purpose of thin Agreement the following; terms shall
be defined as set forth below:
A. "PROJECT" shall mean the Land Acquisition of property located
at 243 and 251 N.G. 4th Street in Downtown Miami as part of
Phase III in the expansion of the Downtown Wolfson Campus.
B. "PROJECT SITE" shall mean the property located at 243 and 251
N. 3 . 4th Street in Downtown (Miami..
C. "CITY MANAGER" shall moan the Chief Executive Officer of the
City of Miami who will be C014STRUED to include any duly
authorized designee, such as an Assistant City Manager and/or
the City of Miami Community Development Director.
ARTICLE II
2.1 FUNDING:
The CITY shall pay to GRANTED' the maximum amount up to eight
hundred and fifty thousand ($850,000) dollars in the form of
it grant as the CITY'S contribution to the Phase III
expansion of the Downtown Wolfson Campus of the GRANTEE.
The GRANTEE shall acquire the property at 243 and 251 N.E.
4th Street in Downtown Miami and said property will be used
for classroom facilities in benefit of the low/moderate
income students attending the campus.
The GRANTEE shall secure the balance of the funds necessary
to implement the Project from the State of Florida.
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`1'Ite GRANTEE shall maintain
records reflecting
the City s
monetary contribution to the
PROJECT which will
,y
not exceed
the: amounts allocated herein.
The CITY'S furid ing will be
used uolely for
acquisition
purposes only. No funds
will be used for
demolition,
construction, rehabilitation
or other labor activities
that
would require compliance with
the federal regulations of the
Davis -Bacon Act.
2.2 TERM OF AGREEMENT:
The term of this Agreement
shall be from March
1, 1992 to
February 28, 1993•
2.3 CI`PY AUTHORIZATION:
For the purpose of this Agreement, the City of 14iami,
Department of Community Development, (hereinafter the
"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, project monitoring, and modification of this
Agreement, except as otherwise provided by this Agreement.
2.4 ENTIRE AGREEMENT:
This instrument and its attachments constitute the solo and
only Agreement of the parties hereto relating to said grant
and correctly sets forth the rights, duties, and obligations
of each to the other as of this date. Any prior agreements,
promises, negotiations, or representations not expressly set
forth in this Agreement are of no force or effect.
2.5 RE`L'EIdTION OF RECORDS:
The GRANTEE shall retain all financial records, supporting
documents statistical records, and all 10,ther records
pertinent to this Agreement for a period of three (3) years
within Dade County, Florida.
The retention period starts from the date of the submission
of the final expenditure report. The records must continue
to be freely available to the City. Records for non -
expendable property acquired with funds under the Agreement
shall be retained for a period of three (3) years after this
final disposition. All records retained pursuant to this
section shall be retained beyond the three (3) year period
if audit findings have not been resolved.
2.6 BONDING AND INSUIIANCE:
The GRANTEE shall maintain insurance and bonding coverages
acceptable to the City Insurance Manager. Prior to
commencing any activity under the Agreement, the GRANTEE
shall furnish to the CITY certificates of insurance and
bonding indicating; that the GRANTEE is in compliance with
the provisions of this article.
The GRANTEE shall provide the following coverages:
a) Insurance coverage that reflects sound business
practices acceptable to the City Insurance Manager.
b) Fidelity bonding for all persons handling funds received
or disbursed under this Agreement in an amount equal to
or greater than the maximum amount of cash held at any
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one time. The bonds shall be in a form acceptable to
the City Attorney and the Insurance Manager.
City shall be primary additional insured on all
insurance policies and there shall be no exclusions in
such policies to override the CITY 'S coverage.
Coin pl.iat) ee with the foregoing requirements shall not
relieve the GI1AN`1'EE of its liability and obligations
under this section or under any other section of the
Agreement.
2.7 -INDEMNIFICATION:
GRANTEE shall indemnify and save the CITY, its officials, and
employees harmless from and against any and all claims,
liabilities, losses, and causes of action which may arise
out of GRANTEE'S activities under this. Agreement, including
all other acts or omissions to act on the part of GRANTEE,
includi.nt; any person acting for or on its behalf; from and
against all costs, attorney's fees including costs of
defence, of investigation and of any appeals, interest,
expenses, and liabilities incurred by the CITY ici the
defense of any such claims of in the investigation thereof.
2.8 COVBRNMENTAL APPROVALS:
GRANTEE warrants that it will obtain all federal, state and
local governmental approvals and reviews required by law for
this Project.
ARTICLE III
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3-1 FINANCIAL ACCOU14TABI LITY :
CITY reserves the right to audit the records, of the GRANTEE
at any time during the performance of this Agreement and for
a period of three (3) years after final payment is made
tinder this Agreement. Any payment theretofore made shall be
subject to reduction for amounts included in the related
invoice which are found by CITY, on the basis of such audit,
not to constitute allowable expenditures. Any payment made
to the GRANTEE are subject- to reduction for overpayments on
previously submitted invoices.
3.2 RECAPTURE OF FUNDS:
CITY shall reserve the right to recapture funds when the
GRANTEE shall fail (i) to comply with the terms of this
Agreement or (ii) to accept conditions imposed by CITY at
the direction of federal, state and local agencies; or (iii)
if there is any breach or noncompliance by the GRANTEE with
any agreement heretofore or hereinafter made by the CITY or
with any law, rule or resolution pertaining; thereto; or,
(iv) GRANTEE sells the property that was purchased with the
herein allocation.
3.3 CONTINGENT 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.
SPE
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ARTICLE IV
4.1 NONDISCRIMINATION: 0.�,
The GRANTEE agrees that it shall not discriminate as to
race, sex, color, creed, age, national origin, or handicap
in connection with its performance under this Agreement.
FURTHERMORE, that no otherwise qualified individual shall,
solely by reason of this/her race, sex, color, creed, age,
national origin, 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.
4.2 CONFLICT OF INTEREST:
a) The
GRANTEE covenants
that
no person
under its employ
who
presently exercise
any
functions or
responsibilities
in connecting with this Agreement has any personal
financial interests, direct or indirect, with CITY. The
GRANTEE 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 GRANTEE or its employees, must be disclosed
in writing to CITY.
b) The GRANTEE 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 Code Section 2-
11.1) and the State of Florida, and agrees that it shall
fully comply in all respects with the terms of said law.
4.3 COMPLIANCE WITH FBDLRAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable Iuws,
ordinances, and codes of federal, state and local
governments, such as the Common Rule, Part - 85, A-II'l•
4.4 AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
4.5 OWNERSHIP Or DOCUMENTS:
Any document or thing which is given by CI`i'Y to the GRANTEE
pursuant to this Agreement shall at all times remain the
property of CITY and shall not be used by the GRANTEE for
any other purpooed whatsoever without the written consent of
CITY.
4.6 AWARD OF AGREEMBUT:
The GRANTEE
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 or
any
kind
contingent
upon or
resulting
from the award
of
this
Agreement.
4.7 NONDBLEGATABILITY:
The obligations undertaken by the GRANTEL pursuant to this
Agreement shall not be delegated or assigned, sold,
transferred, pledged, hypothecated or encumbered in whole or
in part of any other person or firm unless the City shall
first consent in writing to the performance or assignment of
such services or any part thereof by another person or firm.
4.8 CONSTIIUCTION Or AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida, the County of Dade and the
City of Miami.
4.9 OBLIGATION OF RENBW:
Upon expiration of the term of this Agreement, the GRANTEE
agrees and understands that CITY has no obligations to renew
this Agreement -.
4.10 TERMINATION OF CONTRACT:
CITY retains the rights to terminate this Agreement at any
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time prior to the completion of th6 services required
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pursuant to this Agreement without penalty or liability to
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CITY. In that event, notice of termination of this
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Agreement shall be in writing by regular United States mail
to the GRANTEE, who shall be paid for those services
performed prior to the date of its receipt of the notice of
termination. In no case, however, will CITY pay the GRANTEE
an amount in e x e o s s of the total sum provided by this
j Agreement.
It is hereby unders tood by and between CITY and the GRANTEE
that any payment made in accordance with this Section to the
GRANTEE shall be ►nade only if said GRANTEE is not in default
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under the terms of this Agreement. If the GRANTEE is in
default, then CITY shall in no way be obligated and shall
not pay to the GRANTEE any sum whatsoever.
4.11 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
►nail addressed to the other party at the address
indicated herein or as the same my be changed from time
to time. Such Ilotice 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 THE GRANTEE
Department of Community Miami Dade Community
Development College
300 Biscayne Boulevard Way 300 N.E. 2nd Avenue
Suite 420 Miami, Florida 33132
Miami., Florida 33131
b) Tiitle 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
attached documents, the terms in this Agreement shall
control.
d) No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the
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same or any other provision hereof, and no waiver shall
be effective unlesu made :in writing.
e) Should any provisions, paragraphs, sentences, words or
phrased 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 Name shall be deemed severable, and in either
event, the remairritrg terms and provisions of this
Agreement sha11 remain unmodified in full force and
effect.
4.12 INDEPEDDEUT CONTRACTOR:
The GRANTEE and its employees and agents shall be deemed to
be independent CONTRACTORS and riot agents or employees of
CITY, and shall not attain any rights or benefits under the
Civil Service or Pension Ordinances of CITY or any rights
generally afforded classified or unclassified employees;
further they shall not be deemed entitled to the Florida
Worker's Compensation benefits as an employee of CITY.
4.13 SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, leUal representatives, successors,
and assigns.
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4.14 DEFAULT PROVISIONS:
In the event that the GRANTEE shall fail to'(t,omply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein,
the CITY at its sole option, upon written notice to the
0 H A N T 0 ,, may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to the
GRANTEE by CITY while the GRANTEE was in default of the
provisions herein contained shall be forthwith returned to
CITY and until 3o repaid shall accrue interest at the rate
of eighteen percent (18%) per annum or such higher rate as
may be afforded and allowed by Chapter 687, Florida
Statutes.
4.15 REVERSION OF ASSETS:
Upon expiration
of the
Agreement
the
GRANTED shall transfer
to the CITY
any
CDBG on
hand not
used
as intended under this
Agreement. Any real property acquired through CDBG must be
used to meet a national objective five (5) years after date
of this Agreement.
4.16 PROGRAM INCOME:
Any program income received by the GRANTEE shall be retained
by the GRANTEE. The GRANTEE shall undertake those
activities consistent with the functions of a non-profit
Public Service Agency with those fund retained as program
income.
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ARTICLE V
5.0 RECORDS TO BE, MAINTAINED: I"-
5.1 GRANTEE shall establish and maintain sufficient records to
enable the CITY to determine whether the GRANTEE has met the
reduiremenLu
of this
pac•1;. At a minimum, the
following
records are
needed:
a) Records
providing
a full description of each
activity
assisted
(or being
assisted) with CDBG funds,
including
its location
(if the activity has a geographical
locus);
the amounL
of CDBG
funds budgeted, obligated and
expended
for the
activity;
and the provision in 24 CFR
Subpart C
of the
CDBG Program regulations under Which
it is
eligible.
b) Records demonstrating that each activity undertaken meets
one of the criteria set forth in 24 CPR 570.208 of the
CDBG Program regulations.
ARTICLE VI
6.1 THE GRANTEE CERTIFICATION:
The GRANTEE certifies that:
a) It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar
action that has been duly adopted or passed as an
official act of the GRANTEE'S governing body,
authorizing the execution of the Agreement, including
all understandings and assurances contained herein, a►id
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directing; and authorizing tl►e person identified as the
official representaLive of the aRAN`t"E to act in
connection with the Agreement and to provide such
additional information as may be required.
b} It will comply with the provisions of the Ila tell Act
which 3.i►l►its tl►e political activity of employees.
c) It shall prohibit employees from using; their positions
for a purpose that is or gives the appearance of being;
motivated by desire for private gain for themselves or
others, particularly those with whom they have family,
business, or other ties.
d) It will comply with the U.S. Civil Rights Act, as
amended, and any other applicable civil rights or
nondiscrimination act-.
e) Appropriate standards for health and safety in work and
training situations will be maintained.
f) It will comply with the regulations and requirements of
the Office of Management and Budget Circular A-102,
"Uniform Administration Requirements for Grant -in -Aid to
State and Local Governments"; the Common Rule, Part 85;
and, Federal Management Circular A--87, "Principles for
Determining Costs Applicable to Grants and Contracts
with State and Local Government".
g) It will comply with the Anti -Kickback Act, Title 18, USC
Section 8,141 and provisions of the Federal Labor
Standards, Title 29.
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IN WITWESS WIIERE0F the parties lie re to have caused this
ii11:3trunle,11t to be, executed by the respective officials hereunto
duly authorized on Llie first date above written.
CITY OF MIAMI, a
municipal Corporation of
the )L-ate of Florida:
ATTEST:
_ MATTY HIRAI
CITY CLERK
ATTEST:
SECRETARY
APPROVED AS TO FORM AND COIZIZECT14ESS:
A. QUIN11 JONES, III
CITY ATTORNEY
CESAII W. ODIO,
CITY HANAGE13
GRANTEE: MIAPII DADE
COMMUNITY COLLEGE
R'OBERT 11. MCCABE
SEGUNDO PEREZ,
INSURANCE COORDI14ATOII
RISK MANAGEMENT
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14. # 10
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
To: of the City Commission
FROM . Cesar H. Odio
City Manager
DATE RAqu 9199pproving Fail
Agreement with Miami Dade
SUBJECT Community College for a
Land Acquisition Grant
REFERENCESClty Commission Meeting
of February 13, 1992
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached resolution, authorizing the City Manager to enter into
an agreement, in substantially the attached form, with Miami Dade
Community College to provide a land acquisition grant in the
amount of $850,000 to assist in the continued expansion of the
Downtown Wolfson Campus.
The Department of Community Development has analyzed the need to
enter into an agreement with Miami Dade Community College in
order to provide financial assistance for Phase III of the
Downtown Wolfson Campus expansion plans.
The Grant will permit Miami Dade to acquire three additional
properties located on the 200 Block between N.E. Fourth and Fifth
Street, which will be used for new educational facilities for
this rapidly growing campus.
At the April 11, 1991, public hearing to discuss the 17th Year
Community Development Block Grant recommendations, the City
Commission approved in principle the allocation for Miami Dade
Community College. This Resolution, with attachments, formalizes
that recommendation.
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