HomeMy WebLinkAboutR-90-0927t
J-90-993
11/27/90
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RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, CONDITIONALLY
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT
NOT TO EXCEED $100,000, WITH THE WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT CORPORATION
("WCEDC"), FOR THE IMPLEMENTATION OF THE
WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT PLAN,
USING FUNDS THEREFOR FROM THE STATE OF
FLORIDA SAFE NEIGHBORHOOD PROGRAM, WITH THE
EXECUTION OF SAID AGREEMENT BEING SUBJECT TO
SUCH MODIFICATIONS AS MAY BE REQUIRED FOR ITS
APPROVAL BY THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; FURTHER AUTHORIZING THE
CITY MANAGER TO MAKE PAYMENT TO WCEDC AS
SHALL BE APPROVED BY THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY
OF MIAMI.
WHEREAS, the City of Miami and the Wynwood Community
Economic Development Corporation (WCEDC) originally acted as co -
applicants and co -grantees on the application and award of the
Safe Neighborhood Improvement Grant from the Florida Department
of Community Affairs ("Florida DCA"); and
WHEREAS, the City of Miami authorized the formation of the
Wynwood Safe Neighborhood Improvement District ("Wynwood SNID")
pursuant to Sections 163.603 through 163.523 of the Florida
Statutes and City Ordinance Nos. 10405, 10408 and 10833; and
WHEREAS, the Wynwood SNID and the award of the Safe
Neighborhood Improvement Grant from Florida DCA have anticipated
that in accordance with legal requirements the Wynwood Community
Economic Development Corporation could provide necessary matching
inkind services for the award and assume responsibility to
perform terms and conditions contained in Agreement
No. 89-SN-17-11-23-20-011 between Wynwood SNID and the Florida
DCA, dated June 29, 1989 (the "SNID Agreement"), and the City's
intent is recorded in City of Miami Resolution Nos. 88-1102,
88-1039, 89-577 and 89-577.1 and Dade County Resolution
No. R-376-89; and
ATTACHMENTS
CONTAINED
crrx CONOWS103
MEETING OF
DEC 6 1990
90- 92'7
RESOLUTION NL
WHEREAS, the Wynwood Safe Neighborhood Improvement District
Plan has been prepared by the City through activity conducted by
the Wynwood Community Economic Development Corporation; and
WHEREAS, the City is desirous of securing professional
services for implementation of the Plan as contained in the SNID
Agreement; and
WHEREAS, the SNID Agreement requires approval by Florida DCA
as a precondition to execution of all subcontracts;
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
execute a professional services agreementi/, in substantially the
attached form, with Wynwood Community Economic Development
Corporation ("WCEDC") for professional services in connection
with the implementation of a Safe Neighborhood Improvement
District Plan for the Wynwood SNID, for a total fee of $100,000,
using funds therefor from the State of Florida Safe Neighborhood
Program with said execution being subject to the approval of the
Florida Department of Community Affairs and to such modifications
as said Department may require.
Section 3. The City Manager, in his capacity as Chief
Fiscal Officer of the Wynwood SNID, is hereby authorized to make
payment of $100,000 to the WCEDC for the implementation of the
Wynwood Safe Neighborhood Improvement District Plan pursuant to
the terms, conditions and schedule as shall be set forth in the
subject agreement after due execution thereof.
Section 4. This Resolution shall 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.
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PASSED AND ADOPTED this 6th
ATTES201:
MATTY HIRAI
CITY CLERK
BUDGETARY REVIEW:
1.1[]LY Viltill 0. J Yti, L.LnZ%--1Vn
DEPARTMENT 0 BUDGET
FINANCIAL REVIEW:
CARLO E. GARCIA, DIRECTOR
FINANCE EPARTMENT
APPROVED AS TO FORM ANQ CORRECTNESS:
... -- .... ate.
CI Y ATTORNE
RFC : bss—.K4&-f
day of December , 1990.
i
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90- 927
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
1990 by and between the CITY OF MIAMI, a municipal corporation of
the State of Florida, hereinafter referred to as the "CITY", and
the "WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION (WCEDC)"
a not -for -profit corporation in the State of Florida, hereinafter
referred to as the "CONSULTANT."
WITNESSETH:
WHEREAS, the City of Miami and the Wynwood Community Economic
Development Corporation have acted as co -applicants and co -
grantees on the application and award of the Safe Neighborhood
Improvement Grant from the Florida Department of Community
Affairs ("Florida DCA"); and
WHEREAS, the City of Miami has authorized the formation of the
Wynwood Safe Neighborhood Improvement District ("Wynwood SNID")
pursuant to Sections 163.603-163.523, Florida Statutes (1988
Supp.) and City Ordinances No. 10405, No. 10408 and No. 10833;
and
WHEREAS, the Wynwood SNID and the award of the Safe
Neighborhood Improvement Grant from Florida DCA have at all times
contemplated that the Wynwood Community Economic Development
Corporation would provide matching in -kind services for the award
and assume responsibility to perform terms and conditions of
Agreement No. 89-SN-17-11-23-20-011 between Wynwood SNID and the
FLorida DCA dated June 29, 1989 (the "SNID Agreement") and the
intentions of the parties are recorded in City of Miami
Resolutions No. 88-1102, No. 88-1039, No. 89-577 and No. 89-577.1
and Dade County Resolution No. R-376-89; and
WHEREAS, the Wynwood Safe Neighborhood Improvement District
plan of the SNID Agreement has been completed by the WCEDC; and
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WHEREAS, the CITY is desirous of securing professional
services for the performance by the Wynwood Safe Neighborhood
Improvement District of obligations contained in the SNID
Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
agree as follows:
DrrTTAI Q•
The recitals and
findings
contained in the
preamble to this
Agreement are hereby
adopted
by reference hereto
and incorporated
herein as if fully set forth in this section.
II.
TERM:
This Agreement shall commence upon the date the agreement is
executed by the Department of Community Affairs and shall
terminate April 1, 1992.
SCOPE OF SERVICES:
The CONSULTANT'S scope of work will include the preparation of
plans, specifications and contract documents, advertising for the
retention of qualified contractors to perform all construction;
determination of type and manner of testing, and procurement of
any other engineering and construction permits necessary to
complete this project as stated in the attached SCOPE OF WORK as
noted in "Attachment A" and itemized in "Attachment B" - BUDGET -
Items 1 - 14.
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IV.
COMPENSATION AND EXPENSES:
(a) In consideration of the responsibilities of the
CONSULTANT, the CITY agrees to expend the $100,000 funds from the
Florida Department of Community Affairs to the CONSULTANT as
maximum compensation for the services required and for operating
costs in accordance with the budget set forth in Attachment B -
BUDGET.
(b) Any advance payment under this Agreement is subject to
Section 216.181, Florida Statutes. The maxixum advance allowable
shall be the expected cash needs of the initial three (3) months
of this Agreement. If an advance payment is requested, a letter
containing the request and justification shall be submitted. The
letter shall specify the amount of payment needed and contain an
explanation of the necessity and proposed use of those funds.
The CONSULTANT shall place all funds received as a cash advance
in an interest -bearing account, maintain records of the interest
earned, and adjust the final invoice to reflect the deduction of
interest earned from the reimbursement amount.
(c) After the initial advance, payment shall be made on a
monthly reimbursement basis. Each reimbursement request shall be
submitted in detail sufficient for a proper pre -audit and post -
audit thereof and on a monthly financial status report form.
(d) The CITY'S performance and obligation to pay under this
Agreement is contingent upon receipt of the funds from the
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS and the SNID Agreement.
V.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws, ordinances
and codes of federal, state and local governments and all
applicable laws, ordinances and codes of any foreign countries
where CONSULTANT may conduct any activities under this Agreement.
i
VI.
OBLIGATIONS OF CONSULTANT
Any consulting services contracted by the CONSULTANT shall be
the responsibility of the CONSULTANT and the CITY hereby assumes
j no obligations for such services. The CONSULTANT agrees to carry
out the services as prescribed in Article III of this Agreement
in a lawful, satisfactory, and proper manner and shall assure
that al-1 terms of the contract are met.
VII.
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 other 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 tenth day
after being posted or the date of actual receipt,
whichever is earlier.
CITY OF MIAMI CONSULTANT
Cesar H. Odio Wynwood Community Eco-
City Manager nomic Development Corp.
3500 Pan American Drive 225 NE 34th Street
Miami, Florida 33133 Miami, FL 33137
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 in 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
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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, 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.
VIII.
OWNERSHIP OF DOCUMENTS
All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to Article III hereof and shall
become the property of CITY, without restriction or limitation on
its use. CONSULTANT agrees that all documents maintained and
generated pursuant to this contractual relationship between CITY
and CONSULTANT shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
IX.
NONDELEGABILITY:
That the obligations undertaken by CONSULTANT 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 service or any part thereof by
another person or firm.
U,
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AUDIT RIGHTS:
X.
City reserves the right to audit the records of CONSULTANT at
any time during the performance of this Agreement and for a
period of one year after final reimbursement for expenses is made
under this Agreement.
XI.
CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
XII.
AWARD OF AGREEMENT:
CONSULTANT 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 contingent upon or resulting
from the award of this Agreement.
XIII.
SUCCESSORS AND ASSIGNS;
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representative, successors, and assigns.
XIV.
INDEMNIFICATION
CONSULTANT shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of CONSULTANT'S activities under this
E Agreement, including all other acts or omissions to act on the
part of CONSULTANT, including any person acting for or on its
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behalf, and, from and against any orders, judgments, or decrees
which may be entered and from and against all costs, attorney's
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
XV.
CONFLICT OF INTEREST
CONSULTANT 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 will fully comply in all respects
with the terms of said laws.
XVI.
INDEPENDENT CONTRACTOR:
CONSULTANT shall be deemed to be an independent contractor,
and not an agent or employee 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 he shall not be deemed entitled
to the Florida Workers' Compensation benefits as an employee of
CITY.
XVII.
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any time
prior to the completion of the services required pursuant to
paragraph III hereof without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
CONSULTANT, who shall be reimbursed for those expenses incurred
prior to the date of receipt of the notice of termination. In no
case, however, will CITY reimburse CONSULTANT for expenses in
an amount in excess of the total sum provided by this Agreement.
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It is hereby understood by and between CITY and CONSULTANT
that any payment made in accordance with this Section to
CONSULTANT shall be made only if said CONSULTANT is not in
default under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall be in no way obligated and shall not
pay to CONSULTANT any sum whatsoever.
XVIII.
NON-DISCRIMINATION:
CONSULTANT agrees that it shall not discriminate as to race,
sex, color, creed, national origin or handicap in connection with
its performance under this Agreement.
XIX.
MINORITY PROCUREMENT COMPLIANCE;
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 10538, the Minority/Women Business Affairs
Procurement Ordinance of the City of Miami, and agrees to comply
with all applicable substantive and procedural provisions
therein, including any amendments thereto.
XX.
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.
XXI.
DEFAULT PROVISION:
In the event that CONSULTANT 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
is a
CITY, at its sole option, upon written notice to CONSULTANT may
cancel and terminate this Agreement, and all payment, advances,
or other compensation paid to CONSULTANT by CITY while
CONSULTANT was in default of the provisions herein contained,
shall be forthwith returned to CITY.
XXII.
BONDING AND INSURANCE:
A) During the term of this Agreement, the CONSULTANT shall
maintain bonding and insurance coverage in amounts as determined
by the Insurance Manager of the CITY. The CITY shall be named as
an additional insured.
B) CONSULTANT shall furnish certificates of insurance and
bonding, if required, to CITY prior to commencing any activities
under this Agreement.
XXIII.
ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole 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 its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
XXIV.
AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials the reunto
duly authorized, this the day and year first above written.
ATTEST:
Matty Hirai, City Clerk
WITNESSES:
APPROVED AS TO FORM AND
CORRECTNESS:
Jorge L. Fernandez
City Attorney
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
Cesar H. odio
City Manager
CONSULTANT
WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION
APPROVED AS TO INSURANCE
REQUIREMENTS
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CITY OF MIAMI, FLORIDA CA=8
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of P
e City Commission
445?�
FROM Cesar H. Odio
City Manager
RECOMMENDATION
DATE NOV 2 71990
FILE
SUBJECT Professional
Services
Agreement to
Implement'
the Wynwood
Safe Neigh -
b o r h o o d Plan
REFERENCES
DECEMBER 6th
AGENDA ITEM
ENCLOSURES
It is respectfully requested that the City Commission adopt the
attached Resolution authorizing the City Manager to execute the
attached agreement with the Wynwood Community Economic Development
Corporation (WCEDC) for professional services in connection wi.th
the implementation of a Safe Neighborhood Improvement Plan for the
Wynwood SNID, in the amount of $100,000 with funds derived from the
State of Florida Legislative Appropriation for the Safe
Neighborhood Program Capital Improvement Trust Fund.
BACKGROUND
On June 22, 1989, the City Commission adopted two resolutions
(Resolution 89-577 and 577.1), instructing the City Manager to
execute the following: (1) an agreement between the City of Miami
(Wynwood Safe Neighborhood Improvement District) and the.Florida
Department of Community Affairs, in the amount of $250,000 for the
preparation of a Wynwood Safe Neighborhood Plan and (2) an
agreement between the City of Miami and the Department of Community
Affairs, in the amount of $30,000, for technical assistance.
On December 7, 1989, the City Commission approved a professional
services agreement between the Wynwood Safe Neighborhood
Improvement District (Wynwood SNID) and the Wynwood Community
Economic Development Corporation (WCOEC) to prepare a Safe
Neighborhood Improvement Plan for the Wynwood SNID, in the amount
of $250,000, and on April 26, 1990, the City Commission approved a
professional services agreement between the City and the Wynwood
SNID Partnership in the amount of $30,000 for technical assistance
in the preparation of the Safe Neighb.orhood Plan.
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The Safe Neighborhood Plan has been prepared for the Wynwood Safe
Neighborhood District (Wynwood SNID) for the coordinated, balanced
and harmonious development environment and reduce the perception,
incidence and fear of crime in the area. The area is bounded by
N.W. 36th Street, N.E. 21st Terrace and N.W. 22nd Street, North
Miami Avenue, and N.W. 6th Avenue, containing approximately 368
acres.
The Wynwood Safe Neighborhood Plan has determined that the most
effective means to reduce the incidence of crime, and change the
physical environment is to provide a mechanism to increase
employment and develop a secure facility. The Plan proposes the
establishment of a Wynwood Foreign Trade Zone (WFTZ) at N.W. 5th
Avenue and N.W. 22nd Streeto accomplish the --dual goal of
increasing employment and reducing crime. The Wynwood Foreign
Trade Zone is totally contained within the Wynwood Safe
Neighborhood Improvement District.
On July 12, 1990, the City Commission, in its capacity as the
Wynwood SNID Board of Directors, approved the Wynwood Safe
Neighborhood Plan. The plan has been transmitted to the Florida
Department of Community Affairs for its review and approval.
Under the 1990-91 State of Florida General Appropriations Act,
approved by the Governor on June 26, 1990, the Wynwood SNID have
been appropriated $100,000 for implementation of the Wynwood Safe
Neighborhood Improvement District Plan.
Therefore, the Wynwood Community Development Corporation is
requesting a professional services agreement to assist the City
Administration implement the Wynwood Safe Neighborhood Plan.
ATTACHMENTS: Resolution
Professional Services Agreement
cc: Law Department
Elbert Waters, Planning
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