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HomeMy WebLinkAboutR-91-0211J-91-190 3/4/gi. RESOLUTION NO, 91. - A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH OF SEVEN NEIGHBORHOOD - ECONOMIC DEVELOPMENT ORGANIZATIONS LISTED HEREIN IN AN AMOUNT NOT TO EXCEED THE AMOUNT SPECIFIED HEREIN FOR EACH SUCH COMMUNITY - BASED ORGANIZATION LISTED FOR THE PURPOSE OF CONTINUING THE COMMERCIAL -FACADE TREATMENT PROGRAM; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED A TOTAL OF $201,600, FROM THE FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. WHEREAS, the Commercial Facade Treatment Program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution No. 88-384; and WHEREAS, funds are allocated in the Fourteenth (14th) Year Community Development Block Grant Fund up to the amount specified herein for each of the seven (7) community -based organizations listed herein; and WHEREAS, the proposed Commercial Facade Treatment Program is a component of the Comprehensive Citywide Commercial Rehabilitation Assistance Facade Treatment Program; and WHEREAS, the proposed Commercial Facade Treatment Program will be implemented within the specified boundaries of the target area of each community -based organization listed herein; and z WHEREAS, the eligibility of a business for commercial facade treatment assistance will be based on a 70% - 30% match of funds from the City and the business respectively for businesses located within the specified target area of each community -based organization listed herein; and WHEREASF the maximum amount to be authorized per business address is $1,400; NOW, THEREFORE, BE IT RESOLVED BY''rHE COMMISSION OF THE: CITY OF MIAMI, FLORIDA ,I ATTACHMENTS CONTAINED w5* i- 777777 777777, r 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 z Section. Section 2. The City Manager is hereby authorized to execute individual agreements, in substantially the attached forms with each of seven neighborhood economic development organizations listed herein in an amount not to exceed the amount specified below for each such community -based organization listed for the purpose of continuing the Commercial Facade Treatment Program with funds therefor, in an amount not to exceed a total of $201,600, being hereby allocated from the Fourteenth (14th) s Year Community Development Block Grant Fund: 3 COMMUNITY -BASED TARGET NUMBER OF ORGANIZATION ARE AMOUNT BUSINESSES a COMMUNITY DEVE OP NT REVIEW AND APPROVAtt — FRANK AST DAB' IRECTOR DEPT. OF Mf 91TY DEVELOPMENT FINANCE DEPARTMENT REVIEW AND APPROVAL: L CARLOS E. CIA, DIRECTOR DEPARTMENT F FINANCE MANAGEME & BUDGET REVIEW AND APPROVAL: C �0� A, DIRE TOR DEPART NT MANAGEMENT AND BUDGET j PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF..ASSISTANT CITY ATTORNEY APPROVED AS,, FORM AND,CORRECTNESS: a JO E L .;; . , _ ANDE Z CITY ATTO Y FF%ie/M2049 Wvs- 9L� Mr F tttf�J 3 . accepted and the date in which work can commence: Also, the contractor will provide the general contractor with a copy of the City's paint specification and guidelines, 6. The CONTRACTOR shall obtain, upon completion of the property being rehabilitated a Certification and Acceptance of Work, properly signed by: a) Property owner and/or merchant b) Community Development Department Representative c) Planning Department Representative and d) CBO representative 7. The CONTRACTOR will be required to open and maintain a separate checking account for the duration of this contractual agreement. B. Community Development will monitor the fiscal and programmatic operations of the Commercial Rehabilitation programeveryquarter. The contractor 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 two (2) years following the -date of contract termination. 9. The CONTRACTOR is required to execute this Agreement within sixty (60) days of receipt from the Department of Community. Development. Failure to do sowill -because to -.deny contract execution with said CBO. 10. The. following services will be allowed under the auspices of, the Commercial Facade Exterior Rehabil.itation.Program- a).,_ ;Painting (include pressure cleaning, caulking, etc.) b) Signage and awnings c) Doors and windows, shutters -IIT A, CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant, to Paragraph II hereof, the amount cad Hundred Dollars A i B. Such compensation shall be paid on the following basis: Por the services provided under Section 11, the total budget amount for the CONTRACTOR is Hundred Dollars ($ ) Unless prior approval is obtained in writing from Community Development, in no event shall the CONTRACTOR expend more than Dollars ($ ) in the approved target area. It is understood that the CONTRACTOR will enter into a commercial rehabilitation agreement with the property owners and/or merchants to provide services within the constraints of the budget. The Hundred Dollars ($ ) budget will be matched thirty percent (30%) by participating property owner/merchant which will be paid by money order or cashier check only. The maximum G' SHE tAL.: ONDITIONS t 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 CONTRACTOR: DEPARTMENT OF COMMUNITY DEVELOPMENT 1145 N.W. llth Street Miami, Fla. 33135 Miami, Fla. 33 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms. of this Agreement and any terms or conditions contained in any 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 ;P ':"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, paragraphsj- sentences, words or phrases shall be deemed ; ., '.,mod if ied 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 ei �r.:.event, the remaining terms and provisions of this r +�ment h sha; rema n - nr t►od .fed and i n = full 1 +a�rce ,� ; and effect+ k ■ t OWNERSHIP OE . DOCUMENTS t All documents developed by CONTRACTOR under this Agreement shall be delivered to CITY by said CONTRACTOR upon completion of the services required pursuant to Paragraph II hereof and shall become the property of the CITY, without restriction or limitation on its use. CONTRACTOR agrees that all documents maintained and generated pursuant to this contractual relationship between the CITY and CONTRACTOR shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statues. It is further understood by and between the parties that any information, writings, map contract documents, reports or any other matter whatsoever which is given by the CITY to the CONTRACTOR pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by CONTRACTOR for any, other purposes whatsoever. without the written consent of CITY. — i VI I NONDELEGABILITYt That the obligations undertaken by CONTRACTOR pursuant to this -Agreement shall not be delegated or assigned to any other i person'or firm unless: -CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. VIII AUDMRIGHTS`: 9 CITY._reserves the right to audit the records of CONTRACTOR - at : any time : during : the performance of this Agreement and . for 'a period:-,of.one year :after: final payment is made under this Agreement. Ix AWARD' t9F • AGRESMENT t _ ': '' Ths;TRACTOR warrants -that it has not employed or retained h:. t0 , person :-emplgyed key 'the . CITY to ,solicitor sears thie payany person employed by the CITY any fee, commission, resulting from the award of this Agreement. X CONSTRUCTION OF AGREEMENTt This Agreement shall be construed and enforced according to the laws of the State of Florida. XI SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII INDEMNIFICATION: The CONTRACTOR shall indemnify and save CITY harmless 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 all other acts or omissions to act on the part of CONTRACTOR'S, including any person acting for or on its behalf, and, from and against any orders, judgements, or decrees i which may be entered and from and against all costs, attorney Is fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. XIII CONFLICT OF INTEREST= n. The CONTRACTOR 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 CONTRACTOR covenants-that'no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial lnterests, direct or indirect, in this Agreement. The CONTRACTOR furthor covenants that, in the performance of this Agreement, no a= 7.* J■� xr � fk.37 t A i person having such conflicting interest shall be employed. Any such interests can the part of the CONTRACTOR or its employee, _ must be disclosed in writing to the CITY. The CONTRACTOR, 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. XIV INDEPENDENT CONTRACTOR: The CONTRACTOR and its employees and agents shall be deemed to be independent contractors, and not agents or employees of XVI �ONDISC�tIMtN�'1'ION: The CONTRACTOR agrees that it shall not discriminate as to race` sex, color, creed, national origin or handicap in connection with its performance under this Agreement. `= Furthermore that no otherwise qualified individual shall, solely by 'reason of his/her race, sex, color, creed, national yY origin, or handicap, be excluded from the participation in, be LT denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XVII The CONTRACTOR acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance 1 of the City of Miami, and agrees to comply with all applicable substantive and procedural provision therein, including any amendments thereto. XVIII CONTINGENCY FUNDt Fundingfor 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. XIX =, DEFAULT PROVISION: In the event that the CONTRACTOR shall fail to comply with each and every .term and condition of this Agreement or fails to perform any, of the; -terms and conditions contained herein, then CITY, at its sole option; upon written notice to the CONTRACTOR may cancel and terminate this :Agreement, and all payments: r advances,.- or other compensation paid` to the CONTRACTOR by CITY while : the '-CONTRACTOR`; was in default of the provisions `herein �- - coat+ine , ha�i De forthwith returned to CITY, - _4 s ; r XX 1 -.191 Z 113 0 Dew -11 "k _6W i rk 141 R k" I Z Is 4 T a) During the term of this Agreement, the CONTRACTOR shall maintain bonding and insurance coverage in amounts as determined by the Risk Management Division of the CITY. Whenever applicable, the CITY shall be named as an additional insured. b) The CONTRACTOR shall furnish certificates of insurance and bonding, as required, to the CITY prior to commencing any activities under this Agreement. c) During the term of this agreement, the Community Based Organization will be required to ensure that contractors r participating in said Program 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. [' If the contractor does not have and/or is unable to secure the proper insurance, the Community Based Organization will then be required to have Contractor's ! Liability Insurance. E XXI ASSURANCES AND 'CERTIFICATIONS: The CONTRACTOR assures and certifies that: z a). All expenditures of funds will be made in accordance with the :stated budget allocation as; approved by. the .City Commission. k b). CITY funds will not be co -mingled with any other, funds and., that, eparate bank accounts and accounting records will be maintained. d) The expenditures of CITY funds will be properly s documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will _ F be provided. 5 E ti .r. 6 N e) - t 4 - The CONTRACTOR will be personally liable for any CITY funds expended that were not consistent with the program A roted by the City Commission or any funds expended not in accordance with proper accounting standards as determined by competent auditing authority. f) No activity under this Agreement shall involve political activities. g) The CONTRACTOR possesses legal authority to enter into g this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the CONTRACTOR'S governing body, authorizing the _ execution of this Agreement, including all understandings the person identified as the official representative of the CONTRACTOR to act in connection with the CONTRACTOR and to provide such additional information as may be required. XXII AMENOMENTS: No amendments to this Agreement shall be binding on either` party unless in writing and signed by both parties. XXIII 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 i 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. I..'. ) 4 G3E 41 i, .. F 1� 'rr M Y .L r ■ + 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. ATTEST= CITY OF MIAMI, a Municipal Corporation of the State of Florida BY: _ MATTY HIRAI CESAR H. ODIO CITY CLERK CITY MANAGER ATTEST: CONTRACTOR: BY: CORPORATE SECRETARY BOARD PRESIDENT — (AFFIX SEAL) APPROVED AS TO FORM AND CORRECTNESS: .. JORGE L. FERNANDEZ CITY ATTORNEY `APPROVED AS TO INSURANCE REQUIREMENTS: - INSURANCE MANAGER 8/96/id = x r. �p L a t`i 10 CITY OF MIAMI, FLORIbA INTER -OFFICE MEMORANDUM