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HomeMy WebLinkAboutR-89-1099CITY COMMISSION MEETING OF J-89-1132 11/3U/89 RESOLUTION NO. 89-'1�9y A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING —" THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SMALL BUSINESS OPPORTUNITY CENTER, INC. IN AN AMOUNT NOT TO EXCEED $12,600 FOR THE PURPOSE OF IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM; ALLOCATING FUNDS THEREFOR FROM THE FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. I` 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 from the Fourteenth (14th) Year Community Development Block Grant Fund in an amount not to exceed $12,000 for the corporation listed herein; and WHEREAS, the proposed Commercial Facade Treatment Program is a component of the Comprehensive Citvwide Commercial Rehabilitation Assistance Facade Treatment Program; and WHEREAS, the proposed Commercial Facade Treatment Program r will be implemented within the specified boundary of the target area of the Community Based Organization; and WHEREAS, the eligibility for assistance will be based on a 70% - 30% match, CITY and property owner respectively, for businesses located within the specified area boundaries; and WHEREAS, the maximum amount allocated per business address is $10400; ATTACHMENTS G UTAID n • J-89-1132 11/30/89 RESOLUTION NO. 89`1099 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SMALL BUSINESS OPPORTUNITY CENTER, INC. IN AN AMOUNT NOT TO EXCEED $12,600 FOR THE PURPOSE OF IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM; ALLOCATING FUNDS THEREFOR 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 from the Fourteenth (14th) Year Community Development Block Grant Fund in an amount not to exceed $120000 for the corporation listed herein; and WHEREAS, the proposed Commercial Facade Treatment Program is a component of the Comprehensive Citvwide Commercial. Rehabilitation Assistance Facade Treatment Program; and WHEREAS, the proposed Commercial Facade Treatment Program will be implemented within the specified boundary of the target area of the Community Based Organization; and WHEREAS, the eligibility for assistance will be based on a 70% - 30% match, CITY and property owner respectively, for businesses located within the specified area boundaries: and WHEREAS, the maximum amount allocated per business address is $1,400; EATTHMENTS UUNTAINED t - 1- 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. An amount not to exceed $12,600 of Fourteenth (14th) Year Community Development Block Grant Funds is hereby allocated to the Community Based Organization, as listed herein, for the purpose of assisting in the coordination and implementation of a comprehensive commercial facade exterior rehabilitation program. Section 3. The City Manager is hereby authorized to enter into an agreement, in substantially the attached form, for a period of one (1) year with a Community Based Organization (CBO) as follows: CBO TARGET AREA AMOUNT BUSINESSES Small Business Opportunity Little Havana $12,600 9 Center, Inc. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of December �, 1989. 4 XAVIE L. SUAREZ 1 MA OR i ATTEST: MATTY HIRAI CITY CLERK COMMUNITY DEVELOPMENT REVIEW AND APPROVAL: FRANK CASTANEDA, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT FINANCIAL REVIEW AND APPROVAL: C RLOS GARCIA, DIRECTOR DEPARTMENT OF FINANCE BUDGETARY REVIEW AbW APPROVAL: ,P'✓ MANOHAR B. SURANA, DIRECTOR DEPARTMENT OF MANAGEMENT & BUDGET PREPARED AND APPROVED BY: ?i e a, ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: C--- -Jo-p- I R RG JO FE ANDEZCI?GE Y ATTO Y CA=17 CITY OF MIAMi, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members I C o.,E HOU fllE I of the City Commission Resolution authorizing the City tuIIIJECI Manager to enter into contract with one (1) Community Based Organizations to implement the tot C Cesar H. Od RErERENCcsCommercial Facade Treatment City Manager Program ENeLosuRLIBRE: Commission Agenda Item December 7, 1989 RECOMMENDATION It is respectfully recommended that the City Commission approve the attached resolution authorizing the City Manager to execute a contract agreement with the Community Based Organization (CBO) listed below for the purpose of implementing the Commercial Facade Treatment Program (CFTP) within its target area of the City of Miami. These funds are allocated from the Fourteenth (14th) Year Community Development Block Grant (CDBG) fund for the fiscal period of July 1, 1989 to June 30, 1990. 1. Small Rusiness Opportunity Center, Inc. BACKGROUNn The Department of Community Development (DCD) has analyzed the need to enter into a contract agreement with the following Community Based Organization (CBO) for the purpose of Implementing the Commercial Facade Treatment Program in its respective target area to enhance the aesthetics of the commercial businesses and provide a new image in the area. In the Fourteenth (14th) Year Community Development Program, there is a Citywide allocation of $300,000 for the Commercial Facade Treatment Rehabilitation Program which was approved on April 28, 1988 by City Commission Resolution No. 88-38.4. Approximately $12,600 will be utilized initially for project Implementation. The Commercial Facade Treatment Program is a modified approach to commercial revitalization and economic development where only the exterior is treated in a concentrated Impact area of commercial use. CITY OF MIAMI, FLORIDA COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT SMALL BUSINESS OPPORTUNITY CENTER, INC. (SBOC) This Agreement entered into this day of 19 by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and the SMALL BUSINESS OPPORTUNITY CENTER, INC. (SBOC) a not -for -profit corporation of the State of Florida, hereinafter referred to as "CONTRACTOR". RECITAL 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 WHEREAS, the City Commission passed Resolution No. 89--502 authorizing the City Manager to execute a contractual agreement with the CONTRACTOR; and WHEREAS, the CONTRACTOR has been allocated $12,600 for the Little Havana target area; and WHEREAS, the eligibility for assistance will be for those businesses located within the specified target area boundaries as 9 - outlined in the Policies and Procedures Manual; r_ NOW, THEREFORE, in consideration of the promises and the { mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto -1 .. understand and agree as follows: hut 0 I TBRK- The term of this Agreement shall commence on June 1, 1989 and terminate June 30, 1990. Upon termination of this Agreement, the CONTRACTOR agrees and understands that the CITY has no obligation to renew this Agreement. II SCOPE OF SERVICES: { CONTRACTOR-S scope of services shall include: 1. The CONTRACTOR agrees to carry out the project in a lawful, satisfactory and proper manner, in accordance with the written policies and 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 shall notify target area property owners and/or merchants of the commercial rehabilitation program, develop a priority list of buildings to be painted, and identify local paint contractors. This information must be forwarded to the Department of i Community Development prior to any work commencing in -': � E the target area. ' j; 3. The CONTRACTOR shall enter into a commercial facade rehabilitation agreement with the property owners and/or merchants to provide commercial rehabilitation assistance within the identified target area and ?j _ t ' boundaries. 4. The CONTRACTOR shall approle all invoices submitted by each general contractor and submit a request for payment from the Department of Community Development for the CITY's required seventy percent (70%) match amount within five (5) days of awarding each contract and receivipg the property owner's thirty percent (30%). 5, The CONTRACTOR shall form a beautification committee _ that consists of staff from the City of Miami's op ,s, Partment of Community Development, Planning and Code 11 The function of thiG committee -,hall be to approve color and design schemes for the area as well as identify those properties that are in violation of zoning requirements. 6. The CONTRACTOR shall advise each general contractor in writing that his/her bid on the proposed work has been accepted and the date in which work can commence. Also, the CONTRACTOR shall pruvtde each general contractor with a copy of the CITY's paint specification and guidelines. 7. 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) Community Based Organization representative 6. The Policies and Procedure's manual shall serve as a working document (guideline) for each Community Based Organization (CBO) implementing and/or administering the commercial facade exterior rehabilitation program. 9. The CONTRACTOR shall be required to open and maintain a separate checking account for the duration of this contractual agreement. 10. The CONTRACTOR shall be required to attend the monthly commercial facade meetings held by Community Development. 11. Community Development sh$11 monitor the fiscal and programmatic operations of the Commercial Rehabilitation program every quarter of the fiscal contract year. The CONTRACTOR shall 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. ` - IV 4 The function of this committee shall be to approve color and design schemes for the area as well as identify those properties that are in violation of zoning requirements. 6. The CONTRACTOR shall advise each general contractor in writing that his/her bid on the proposed work has been accepted and the date in which work can commence. Also, the CONTRACTOR shall provide each general contractor with a copy of the C1TY's paint specification and guidelines. 7. 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 i I d) Community Based Organization representative S. The Policies and Procedure's manual shall serve as a working document (guideline) for each Community Based Organization (CBO) implementing and/or administering the commercial facade exterior rehabilitation program. 4. i The CONTRACTOR shall be required to open and maintain a i separate checking account for the duration of this j contractual agreement. 10. The CONTRACTOR shall be required to attend the monthly commercial facade meetings held by Community a s Development. 11. Community Development shall monitor the fiscal and programmatic operations of the Commercial Rehabilitation { program every quarter of the fiscal contract year. The CONTRACTOR shall be required to make available all sfinancial records as well as operational documents. Said right shall exist during the period of this 3 Agreement and for a period of two (2) years following the date of contract termination. 5 t k',�,�itY u%.:y'?r,.+,... 12. The CONTRACTOR shall execute this Agreement within sixty (60) days of receipt from the Department of Community Development. Failure to do so shall be cause of denial of contract execution with said Community Based Organization. 13. The following services shall be allowed under the auspices of the Commercial Facade Exterior Rehabilitation Program: a) Painting (includes pressure cleaning, caulking, etc.) b) Signage, canopies, awnings c) Doors, windows, shrubbery, landscaping III COMPENSATION: A. CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Paragraph II hereof, the amount of $12,600. B. Such compensation shall be paid on the following basis: For the services provided under Section II, the total budget amount for the CONTRACTOR is $12,600. Unless prior approval is obtained in writing from Community Development, in no event shall the CONTRACTOR expend more than $12,600 in the approved target area. It is understood that the CONTRACTOR shall enter into a commercial rehabilitation agreement with the property owners and/or merchants to provide services within the constraints of the budget. The $12,600 budget shall be matched thirty percent (30%) by participating property owners/merchants; payment by property owners/merchants shall be paid by check only. The maximum amount to be expended per business address is two thousand dollars ($2,000). No funds allocated under this Agreement shall go toward administrative cost. IY y t s + f AM- Upon execution of the A�?rPement hetween the CONTRACTOR and the property owner and/or merchant, the 30X matching requirement will be due. Once the property owner and/or merchant and CONTRACTOR approve the completed work, the CONTRACTOR shall release payment to the general contractor within ten (10} working days. The CITY shall have the right to review and audit the time records and related records of the CONTRACTOR pertaining to any payments made by the CITY. IV COMPLIANCE WLTH FEDERAL AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal State and l��cal governments. GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall he 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 t ime. Such notice sha 1l. 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 MZAMI CONTRACTOR: �� DEPARTMENT OF COMMUNITY SMALL AUSINESS OPPORTUNITY ,_ DEVELOPMENT CENTER, INC. __ 1145 N.W. llth Street r 1417 West F1agler Street- -`! Miami, Florida 33135 Miami, Florida 33135 ;� B. Title and paragraph headings are for convenient <, G 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 �. t '' attached documents, the terms of this Agreement shah ;�- �� role. � t � � 1 A 5 �r «#�ri 4� �r 5w � � -,Y ,4. . � ems` r ��. : �x r � �., `w - - - s, .,�ri��-� D. No waiver or brench 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 court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State r 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 effect . VI OWNERSHIP OF DOCUHENTS: 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 f relationship between the CITY and CONTRACTOR shall be subject to s' all ,provisions of the Public Records Law, Chapter 119. Florida Statues. = It is further understood by an, between the parties that any a information, writings, map contract documents, reports or any S ; other matter whatsoever which is given by the CITY to the f CONTRACTOR pursuant to this Agreement shall at all times remain. the property of the CITY and shall not be used by CONTRACTOR for any otherpurposes whatsoever without the written consent of t i CITY.' �A V11 NORDELEGABILITY- That the obligations undertaken by CONTRACTOR pursuant to this Agreement shall not be delegated or asslgned 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. VilI AUDIT RIGHTS: CITY reserves the right to audit the records of CONTRACTOR • at any time during the performance of this Agreement and for n period of one year after final payment is made under this Agreement. The CITY-s Internal Audits Department will audit all CONTRACTORS receiving fifteen thousand dollars ($15,000) or more. AWARD OF AGREEMENT: The CONTRACTOR 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, resulting from the award of this Agreement. X CONSTRUCTION OF AGREEMENT: 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 -s assigns. XII INDMIFICATION: 1 The CONTRACTOR shall indemnify and save CITY harmless from S and against any and all claims, liabilities, losses and causes of action Which way arise out of CONTRACTOR'S activities under this l g i n � i r frN 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 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. X111 CONFLICT OF INTEREST: The CONTRACTOR is aware of the conflict of interest taws 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 interests, direct or indirect, in this Agreement. The CONTRACTOR 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 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 , CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the CITY. XV TERMTNATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph TI hereof without penalty to the CITY. Tn that event, 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. Tt is hereby understood by and between the CITY and the CONTRACTOR that any payments made in accordance with this Section to the CONTRACTOR shall be made only if said CONTRACTOR is not in default under the terms of this Agreement. If the CONTRACTOR is in default, then the CITY shall in no way be obligated and shall not pay to the CONTRACTOR any sum whatsoever. XVI NONDISCRIMINATION: 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 — -� 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. — r 7CVII. - - MINORITY PROCUREMENT COMPLIANCE: The CONTRACTOR acknowledges that is has been furnished a copy of Ordinance No. 10538. 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. a XVIII F, CONTINGENCY FUND: 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. 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, advances, or other compensation paid to the CONTRACTOR by CITY while the CONTRACTOR was in default of the provisions herein contained, shall he forthwith returned to CITY. XX BONDING AND INSURANCE: a) b) c) 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. The CONTRACTOR shall furnish certificates of insurance and bonding, as required, to the CITY prior to commencing any activities under this Agreement. During the term of tills agreement. the Community Based Organization will be required to ensure that contractors participating in said Program shall maintain appropriate e general liability insurance coverage prior to the commencement of work. The amount of insurance coverage shall be determined by the insurance agent for the Community Based Organization. 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. ' 10" r' k£ i n If the contractor does not have and/or is unable to secure the proper insurance, the Community Rased Organization will then be required to have Contractor's Liability Insurance. XXI ASSURANCES AND CERTIFICATIONS: The CONTRACTOR assures and certifies that: a) A11, expenditures of funds will be made in accordance with the stated budget allocation as approved by the City Commission. b) CITY funds will not be c,o-mingled with any other funds and that separate bank accounts and accounting records will be maintained. c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will be provided. e) The CONTRACTOR will be personally liable for any CITY funds expended that were not consistent with the program approved 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. 4 g) The CONTRACTOR possesses legal authority to enter into I 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 I execution of this Agreement, including all j understandings with the person identified as the s official representative of the CONTRACTOR to act in connection with the CONTRACTOR and to provide such � f Additional information as may be required. 3 5 t F E.. t X X I t AMENDMENTS: No amendments to this Agreement shall he binding on either party unless in writing and signed by both parties. XXIIi ENTIRE AGREEMENTS: This instrument and its attachments constitutesthe sole and only agreement of the parties hereto relating to said grant and correctly set 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. 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: MATTY HIRAI CITY CLERK ATTEST: � f CORPORATES CRETARY 1 CITY OF MIAMI, a Municipal Corporation of the State of Florida BY: CESAR H. ODIO, CITY MANAGER CONTRACTOR: BY:, /-Z� WARD PRESID . T (AFFIX SEAL) CORPORATE RESOLUTION �. "��/ E�t' .. ,•.� z�:� � � � WHEREAS, _ / desires to enter into an agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached. r12 DATED this hd a y of ���li <<I 1 .�1', 1991 . BOARD OF DIRECTORS CHAIRPERSON