HomeMy WebLinkAboutR-90-0662------------------------
NEAR M, the Commercial Facade Treatment Pxogrmn was approved in the
Fourteenth (14th) Year Camxuiity Development Block Grant Application by
Resolution No. 88-384; and
WE, on March 3, 1989, the City Commission approved Resolution No.
89-228 for the purpose of implementing a Commercial Facade Treatment Program
with nine -(9) neig1d=ha0d economic development organizations one of them
being the Coconut Grove Local Development Corporation, Inc. (CC3DC); and
NHEBEAS, the proposed Commercial Facade Treatment Program is a component
of the Comprehensive Citywide Commercial Rehabilitation Assistance Facade
Treatment Program; and
WHEREAS, Coconut Grove Local Development Corporation, Inc. (CGUX) has
requested funding -in order to increase the number of businesses assisted;
NCW, TES, BE IT RESMVED BY THE C0bWSSIC N OF THE CITY OF MIM,
FZARIM.
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 enter into an
agreennen11/, in substantially the attached form, with the Coconut Greve Local
Devel pment Corporati , Inc. (CCU M) , a not -for -profit corporation of the
State of Florida, in an amount not to eweed $25,200 for the purpose of
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.
ATTACHMENTS
CONTAINED
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This Agreemeht centered Into this day of
19 by and between the City 4
of Miami, a municipal corporation of Dade County, Ploridei
hereinafter referred to as "CITY% and the Coconut Grave LoL-al
Development Corporation, Inc. (CGLDC) a not -for -profit
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corporation of the State of Florida, hereinafter referred to at;
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"CONTRACTOR".
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RECITAL
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WHEREAS, the Commercial Facade Treatment Program is a
component of a Comprehensive Citywide Commercial Rehabilitation
Assistance Facade Treatment Program; and
WHEREAS, this program was approved in the Fourteenth (14th)
Year Community Development Block Grant Application by Resolution
No. 88-384; and s
WHEREAS, the City Commission passed Resolution No. 89-228
authorizing the City Manager to execute a contractual agreement
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with the CONTRACTOR, and w`
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WHEREAS, the CONTRACTOR has been allocated Twenty. Five $.
Thousand Two Hundred Dollars ($25,200) for the Coconut Grave
target area; and ,
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WHEREAS, the eligibility for assistance will be for those d`
businesses located within the specified target area .boundaries .se
outlined in the Policies and Procedures Manual; _}
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tiowr ;rHimmutih aonvideration of the prtiaee &!'A t'#�e
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i Mutual ebyena9nte and obligations herein contained, and aUb eat t* f�
the terma. ain ;-,d6 iditions hereinafter stated, the .parties hereto.
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n + er a and agree as fc lIowe
K TZIN IA
The term of this Agreement shall commence immediately on the 5
day of its adoption and terminate on June 30.. i 192I+ Utz t
termination of this Agreement, the CONTRACTOR' agrees and t
understands that the CITY has nd obligation to renew this
Agreement
II
SCOPE OF SERVICES:
CONTRACTOR'S scope of services will include:
1. The CONTRACTOR agrees to carry out the project in a
lawful, satisfactory and proper .manner, in accordance
with the written policiesand procedures, and
requirements as prescribed in this Agreement, as set
forth by the City of Miami's Department of Community
- Development (DCD).
2. The CONTRACTOR will notify target area property owners
- and/or merchants of the commercial rehabilitation k>
- program, develop a priority' list of buildings to be
painted, and identify local paint contractors. This'
information must be forwarded to the. Department, of
Community Development prior to any work commencing.sin
the target area. _ `y
3. The CONTRACTOR will enter into a commercial foca40. R
reha0ilitation agreement with the property owner and/or $;
merchant to provide commercial rehabilitation ass,istanc)o � 4k
within: the identified target area and boundaries.
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6.
the feparttftsnt of community Development for the city's
rogttirod seventy percent (70%) match amount within figs
(5) days of awarding contract and receiving the property
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owners thirty percent (30%)
The "CONTRACTOR shall advise the general contractor
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writing that his/her bid on the proposed work has been
accepted and the date in -which work can commence. Also,
the contractor will provide the general contractor with
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a copy of the City's paint specification and guidelineeb
The CONTRACTOR shall obtain, upon completion of the
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property being rehabilitated a CertifIcatxon and
Acceptance of Work, properly signed by:
a) Property owner and/or merchant
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b) Community Development Department Representative
c) Planning Department Representative and
d) CBO representative
7.
The Policies and Procedure's manual, as attached herein,
shall serve as working document (guideline) for each
Community Based Organization (CBO) implementing and/or
administering the commercial facade exterior
rehabilitation program.
8.
The CONTRACTOR will be required to open and maintain- a'
separate checking account for the duration of this
contractual agreement.
9.
Community Development will monitor the fiscal and
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programmatic operations of the Commercial rehabilitation.
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program every quarter. The contractor will be required
to make available all financial records as well 'as
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operational documents. Said right shall, exist during,
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the period of this Agreement and for a period of two
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years following the date of contract termination.`
10.
The CONTRACTOR is required to execute this Agreement
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within sixty (60) days of receipt from the Department of
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Comunity bevelopmontt psilure to do so will be 0e06
to deny contract execution with said Cgs
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i1, 'lie , fallowing services will be allowed under- the
auspices of the Commercial Parade 91terior
Rehabilitation Program. -
a) Painting (include pressure cleaning, caulking, .etc ) '{F
b) Signage, canopies, awnings x:
c) Doors, windows, shrubbery, landscaping
— III
COMPENSATIONS
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A CITY shall pay CONTRACTOR,. as maximum compensation for
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_ the services required pursuant to Paragraph Il hereof,
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— the amount of Twenty Five Thousand Two Hundred Dollars
($25,200).
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= B. Such compensation shall be paid on the following basiss—
— For the services provided under Section II, the total
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- budget amount for the CONTRACTOR is Twenty five Thousand
Two Hundred Dollars ($25,200).. Unless prior approval is
obtained in writing from Community Development, in no
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event shall the CONTRACTOR expend more than Twenty Five
"—
Thousand Two Hundred Dollars ($25,200) in the approved
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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 Twenty Five
Thousand Two Hundred Dollars ($25, 200) ,budget will be
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matched thirty percent (30%) by participating property.
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— owner/merchant which will be paid by check only. The'.°
maximum amount to be expended per ,business addraess, �s
two thousand dollars ($2,000). No funds allocated :under
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this Agreement shall go , toward administrative cost.` x
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upon- ateetion bt the Ajre�eent between the COMPAMg s
$i 3 the property owner and/or merehant j the 304 matchibg
Y , r'equirara ` w 1 ii he dUe. Oxce the properrty Wh6r : end Or -
i rah nt *rA 'WNTttACTOA approve the completed vork;,
oNfi tAC'i`dlt Wi11 release payment tog+atlerat
contractor within ten (10) wor k' ng days. The City shal l
} have the right' to review and audit the time records: en,
. related records of the CONTRACTORS pertaining tb . ►ny
payments made by the CITY.
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COMPLIANCE WITH FEDERAL AND LOCAL LAWS:
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Both parties shall comply with all applicable laws,
ordinances and codes of Federal State 'and local governments.
V�
GENERAL CONDITIONS:'
A. All notices or other communications which shall or mey �—
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' frost
time to time. Such .notice shall be deemed given 'on`•the
day on which personally served; or, if by main, on 'the" 'yam
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fifth day after being posted or the date of actual y
receipt, whichever is earlier. g.
CITY OF MIAMI CONTRACTOR: —
DEPARTMENT OF COMMUNITY COCONUT GROVE LOCAL DEVELOPMENT-,",
DEVELOPMENT CORPORATIflA ,` xNG" ' (CQLAG)
1145 N.W. llth Street 3582 Grand Avenue
Miami, Fla. 33135 Miami.. ;Fla. 33133'"
B. Title and paragraph 'headings are for conveniont
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 L an
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'Thh.x kq.xy
' Attaehtd Aftumantso the terthe of this Agreement 4tikll
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� o �be'.ver; or` reach of anyprov airsri cif this. Agreet�aii
w shall constitute a waiver of any subse uebt breatih of -
the game or any other provision hereof r and no w&iver
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:, be effective unless made in writing.
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Should any `r+cvisione, paragraphs, 'sefitenoes# `words or,
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phrases Contained in this Agreement be determined by -:.a f,e
court of competent jurisdiction to be invalid; illegal
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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 s
effect = ,
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OWNEWMIF OF, DOCU14ENTS:
All documents developed by CONTRACTOR under this, Agreement
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shall be. delivered. to .CITY by said CONTRACTOR upon completion of r
.the -services required pursuant to Paragraph II, hereof and,shall
become the property of the CITY, without restriction 4,0
limitation on its: use. CONTRACTOR agrees that all documents Y
maintained and generated pursuant to this contracWAX <x
relationship between the CITY and CONTRACTOR shah be subject to
all provisions of the Public Records Law, Chapter 119 Fj_4e x� —
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statues,
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it is further understood by and between the parties tbat any a
information,.writingo, map contract documents, reports or any
other matter whatsoever which is given by the CITY to the
,.
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{ G NkACT61t fgUant tt this Agreement shall at all
g r the property a the 011Y and shall. not be used by C014TMMA � sT
MrW ,--,6th6k purpoues ' whatsoever without the written consont
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That the obligationsundertaken by OONTACTft' pursut�it t
this agreement shall not be delegated or assigned to any otsef
person or firm unless CITY shall first consent in writing td t�e
performance nor assignment of such service or any part thereof 1�y
another person or firm.
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AUDIT RIGHTSt
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.
The CITY's Internal Audits Department will audit "all
CONTRACTORS receiving fifteen thousanddollars ($15,000) or more.
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AKMW - OF AGRBEM NT:
The CONTRACTOR warrants that it has not employed or retained. t
any person employed by the CITY to solicit' or secure'-thi'
Agreement and that. it has not offered to pay, paid;,', or agre+d to%
pay any person employed by the CITY any fee,,,comanisian,'
resulting from -the award of this Agreement. $,
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COUSTRUCTION OP AGREEMENTS a
This Agreement shall be construed and enforced, accord,ng
the Taws of the State of Florida.
XI,v.
SUtrCStiSORS AM ASSIGNS;
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This A4t*ditnt shell �e b�nd�.ag u s�i the �e�tiee herbIt
tboit helta 0 Oketutore , legal reptooentat ves, suo061160to, ' a ;
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z The CONT9ACTOR shall indemnify and save CITY -harm ease 'frt�ltl
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and aa3.nst any. and all claims, -liabilities, losses and o�►uss cif
&Otion which may, arise out. of CONTRACTOR' S .activities under
this
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Agreement, including all other acts or omissions to act.. on:. the
part, of CONTRACTOR`S, including any person acting for or on its 4
behalf, and, from and against any orders, judgements, 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.
the:City of Miami (City of Miami Code
Chapter
2,. Article
V), Dadee
County, -Florida (Dade County Section
2-11.1.)
and the ..State
of
.further covenants that,: in the performance of this Agreement, .no ,
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person having such conflicting interest shall be employed. Any
such interests on the part of. the CONTRACTOR or its 'employ*
must -be -disclosed in writing to the CITY, The CONTRACTOR* in fh+
performance of this Agreement, shall be subject, to ; th®.".,, sir
restrict law send/or guidelines regarding conflict .off;
promulgated by federal, state; or local, gove3ramonts
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The = i il�tfil CT R and `its employees and agents ' all be de+sme�l
to `bez independent contractors# and not agents or employees of
CITY, and shall not attain any rights or benefits udder the Civil
Service or pension ordinances of the CITY# or any rights
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generally afforded olessif ed or unclassified employees; further
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he/she shell. _ not be deemed entitled to the Florida Worker,b'
Compensation benefits as an employee of the CITY.
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TERMINATION OF 'CONTRACT:
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CITY retains the right to terminate this Agreement at any
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time prior to the completion of the services required pursuant to
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'Paragraph Il hereof without penalty to the CITY. In that event,
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a sixty (60) day notice of termination of this Agreement shall be
in writing to the CONTRACTOR, who shall be paid for those
services performed prior to the sixth (60th) day after, its
receipt of the notice of termination. In no case, however, will
CITY pay the CONTRACTOR an amount in excess of the total sum
provided by this Agreement.
It is hereby understood by and between the CITY and the
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CONTRACTOR that any payments made in accordance with this Section
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to the CONTRACTOR'shall be made only if said CONTRACTOR is not in
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default under the terms.of this Agreement. If the'CONTFACTOR 3s
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in default, then the CITY shall in no way be obligated and shall
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not pay to the CONTRACTOR any sum whatsoever.
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XVI
HOUDISCRINIUATION s
The CONTRACTOR agrees that it shall not discriminate as to
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race, sex, color, creed, national origin or handicapink
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connection with its performance under this Agreement.
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Furth rmare that too atherw fie qualified` individual 6hallt
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col aiy by---�teasft at,his/her race, sext colon oread, national
origins +tom. handitapf be .excluded from this participation ihj be
dehiedbenefits df;r -or, be subjected to distrimination under any:.
program or activity receiving federal financial assi.staheas
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XVII `
MINORITY VhOC IR04EiaT COMPLIANCES
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The CONTRACTOR acknowledges that it has been furnished a
copy of Ordinance No. 10062, the Minority Procurement Ordinance
of the City of Miami, and agrees to comply with all applicable
substantive and procedural provision therein, including any
amendments thereto.
XVIII
CONTINGENCY FUND:
Funding for this Agreement is contingent on the availability=
of funds and continued authorization for program activities --and IJ
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations
= XIX ti
- 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
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may cancel and terminate this Agreement, and all "payments,
advances, or other compensation paid. to the CONTRACTOR by..CITY
while the CONTRACTOR was in default of the provisions herein.
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contained, shall be forthwith returned to CITY.'
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BONDING AND XHOURANCE s
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a) During the, term of this Agreements the CONTMCTOA shall
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Maintaiw bonding , and insurance eavarage in amounts a
o-ermined by. the Risk Management Division of the C4t!'1'V.'
When6ver applica'bie, the CITY shall be named pia o f
add t .6nal insured,
b) The CONTRACTOR shall furnish certificates of, inebrane
and bonding, as required, to the CITY . prior tc
commencing any activities under this Agreement.
c) During the term of this agreement, the Community Based �=
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organization will be required to ensure that contractors'
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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—
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City of Miami.
If the contractor does not have and/or is unable to
secure the proper insurance, the Community Bused
Organization will then be required to have Contractor's
Liability Insurance. '-
XXI
ASSURANCES AND CERTIFICATIONS: �-
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The CONTRACTOR assures and certifies that:
a) All expenditures of funds will be made in accordance
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with the stated budget allocation as approvedby the ,
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City Commission.
b) CITY funds will not be co -mingled with any other fund$ r ;s
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and that separate bank accounts and accounting .records C
will be maintained. y ,
c) The expenditures of CITY funds will be properly h`
documented and such documentation will be maintained.
d) Periodic progress reports as requested by the CITY wi-111' ��}
be provided. }
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e) The CONTkACTOR will be personally liable for any CITY
funds okpanded that were not consistent with the progreim � =
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Appro�ea by the City Commission or any funds e*pehdtd
not .n accordanee with proper aetounting standards ae '
determiners by competent auditing authority.
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f) No activity under this Agreement shall involve political
activities.
9) The CONTRACTOR 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 a
the CONTRACTOR' S governing body, authorizing the
execution of this Agreement, including all z-
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 -
AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
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XXIII ro<
ENTIRE AGREEMENTS:
This instrument and its attachments constitute the sole and{
= only agreement of the parties hereto relating to said grant and ; rri4
correctly set forth the rights, duties, and obligations of each r s
to the other as of its date. Any prior agreements, promises,
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negotiations, or representations not expressly set forth in thist
agreement are of no force or effect. '
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IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereuuntQ
duly authorized on the first date above written, ' ®
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ATTEST
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BY:
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rYi�Y�Y`Y.i rY►L YF YYY. YYf/. 1riRY. WW,W i..
CORPORATE SECRETARY.,.
BOARD PRESIDENT'
(AFFIX
SEAL)
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'APPROVED.,AS TO FORM AND
CORRECTNESS:
JORGE L. FERNANDEZ
'
CITY ATTORNEY
APPROVED AS TO INSURANCE
REQUIREMENTS:
INSURANCE MANAGER,-,
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8/90/ie
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CITY OF MIAMI, FLORIOACA
INTER -OFFICE ME*ORANDUIN k
Honorable Mayor and Members onTe : AUG �99�
TO : of the City Commission FOIE
Resolution Authorizing-
suEJECT the City Manager to enter
into an agreement with
the Coconut Grove Local -
Cesar H. Odio REFEpEra gyelopment Corporation, -
FROM• City manager er Inc. (CGLDC)
_
ENMOSURES :
2B00110CUTDATION:
It is:respectfully, recommended that the City Commission approve
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the attached Resolution which authorizes the City Manager to
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enter into an agreement between the City of Miami and the Coconut
Grove Local Development Corporation, Inc. (CGLDC) in the amount
not to exceed,Twenty Five Thousand Two Hundred Dollars ($25,200)
_
from the Fourteenth (14th) Year Community Development Block Grant:-
Program,funds for the purpose of continuing the Commercial.Facade
Treatment Program.
BACMGROUND
The. Department of Community Development has analyzed _the need .>to
enter into an agreement with the Coconut Grove Local Development
;
Corporation, Inc. (CGLDC) for the purpose of continuing the
Commercial Facade Treatment Program in the amount of Twenty Five
Thousand Two Hundred Dollars ($25,200) from the Fourteenth, (14th)
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Year Community Development Block Grant Program funds
On March 3, 1989, the City Commission approved Resolution No.
228 for the.. purpose of implementing a Commercial., Facade Treatment
t_
Program which is a component of the Comprehensive Citywide.
Commercial ,Rehabilitation Assistance Facade Treatment :. Progr,
with nine (9) neighborhood economic development organizations,.
one of them being the Coconut Grove Local Development_
Corporation, Inc. (CGLDCC).
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The Coconut Grove Local Development Corporation, Inc. (CGLDc)
requested funding to assist a number of businesses i.n,;its aswgA�.
area to their businesses exterior facade thereby'`
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.rehabilitate
creating a better economic environment for the merchants
residents of this area and presenting a better image of the fit
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