HomeMy WebLinkAboutR-89-1100J-89-987
11/1/89
RESOLUTION NO. 89-iloo
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MARTIN LUTHER KING
ECONOMIC DEVELOPMENT CORPORATION, INC.
(MLKEDC), FOR THE PURPOSE OF IMPLEMENTING A
COMMERCIAL FACADE TREATMENT PROGRAM; FUNDS
THEREFOR BEING ALLOCATED FROM THE FOURTEENTH
(14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUND IN AN AMOUNT NOT TO EXCEED $7,000
DOLLARS.
-{ WHEREAS, this program was approved in the Fourteenth (14th)
Year Community Development Block Grant Application by Resolution
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No. 88-384; and
WHEREAS, funds are allocated from the Fourteenth (14th) Year
Community Development Block Grant Fund up to the amount
specified, for the one (1) corporation listed below; 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 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 $1,4001
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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Section 1. $7,000 of Fourteenth (14th) Year Community
Development Block Grant Funds are hereby allocated to the
Community Based Organization, as listed below, up to the amount
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specified, for the purpose of assisting in the coordination and
implementation of a comprehensive commerciai racaae exLerLur
rehabilitation program.
Section 2. The City Manager is hereby authorized to enter
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into an agreement,- up to the amount specified, for a period of
one year with said Community Based Organization as follows:
CBO TARGET AREA AMOUNT BUSINESSES
Martin Luther King Economic Model City $7,000 5
Development Corporation, Inc.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th day of December
XAVIER L.
COMMUNITY DEVELOPMENT REVIEW AND APPROVAL:
1,5 F-xez'ne 00 s��'WA_
FRANK CASTANEDA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
1/ 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.
-2-
1989.
FINANCE, DEPARTMENT REVIEW AND APPROVAL:
CARLOS UXC A, DIRECTOR
DEPARTMENT F FINANCE
MANAGEMENT & BUDGET REVIEW AND APPROVAL:
4ok &
MANOHAR SURANV
RECTOR
DEPARTMENT OFGEMENT & BUDGET
PREPARED AND APPROVED BY:
Laf ho "I ip,-/-
ALBERT NE B . SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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ATTORNEY
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CITY OF MIAMI, FLORIDA
COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT
MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC, (MLKEDC)
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 MARTIN LUTHER KING
ECONOMIC DEVELOPMENT CORPORATION, INC. (MLKEDC) 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 $7,000 for the
Model City target area; and
e
WHEREAS, the eligibility for assistance will be for those
businesses located within the specified target area boundaries as
outlined in the Policies and Procedures Manual;
TERM -
The term of this Agreement shall commence on June 1 , 1989
and terminate .Tune 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
Community Development prior to any work commencing in
the target area.
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
boundaries.
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4. The CONTRACTOR shall apprarve all invoices submitted by
each general contractor and `submit a request for payment
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j from the Department of Community Development for the
CITY-9 required seventy percent (70%) match amount
within five (5) days of awarding each contract and
receiving 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
Department of Community Development. Planning and Code
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Enforcement. -2- '-
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The function of this committee shall he 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 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
8. 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 shall monitor the fiscal and.
programmatic operations of,phe 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.
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12. The CONTRACTOR shnil 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 shalt 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 $7,000.
B. Such compensation shalt be paid on the following basis:
For the services provided under Section II, the total
budget amount for the CONTRACTOR is $7,000. Unless
prior approval is obtained in writing from Community
Development, in no event shall the CONTRACTOR expend
more than $7,000 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 $7,000 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.
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Upon execution of the Agreement between the CONTRACTOR -
and the property owner and/or merchant, the 30% 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 ton (10) working days. The CITY shall
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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 WITH FEDERAL AND LOCAL LAWS:
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 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. MARTIN LUTH,ER KING ECONOMIC
DEVELOPMENT DEVELOPMENT CORPORATION, INC.
1145 N.W. llth Street 6116 N.W. 7TH AVENUE
Miami, Florida 33135 Miami, Florida 33127
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. _.
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D. No waiver it brunch 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
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 DOCUKENTS:
— 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 ans 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
1
j any other purposes whatsoever without the written consent of
CITY#
V1I
NONDELEGASILITY:
That the obligations undertaken by CONTRACTOR 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.
VIII
AUDIT RIGHTS:
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 thousand dollars ($15,000) or more.
IX
AWARD OF AGREEMENT:
The CONTRACTOR warrants that it has not employed or retained
any person employed by the CITY to solicit or secure: this
Agreement and that it has not offered to pay, paid, or agreed to
pay any person employed by the CITY any fee, commission,
resulting from the award of this Agreement.
X
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
XI
SUCCESSORS AND ASSIGNS:
This Agreement shall be bindirig upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XII
INDEMNIFICATION:
The. CONTRACTOR shall indemnify and save CITY harmless from
eR a$eiast,-any and all claims, liabilities, losses and causes of
act:lon vhich_any arise out of CONTRACTOR'S activities under this
Agreement, including all other acts or omissions to act on the
part of CONTRACTORS, 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.
CONFLICT OF INTEREST:
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
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
INDSPSNDENT CONTRACTOR:
The CONTRACTOR and its employeeb 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
41sbe Khali not be deemed entitled to the Florida Workers'
;PeOa�ion beAefiCa es an employee of the CITY.
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xv
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 II hereof without penalty to the CITY. In that event,
a sixty (60) day notice of termination of this Agreement shall be
in writing to the CONTRACTOR, who sha11 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
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.
RYI
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.
XVI I
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
sttbatani<ive' and procedural provision therein, including any
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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.
RI%
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 be forthwith returned to CITY.
xx
BONDING AND INSURANCE:
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
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 agent for the
Community Based Organization.
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if the cunt ractor does not have and/or is unable to
secure the proper insurance, the Community Based
Organization wi U then be required to have Contractor's
Liability insurance.
XXI
ASSURANCES AND CERTIFICATIONS:
The CONTRACTOR assures and certifies that:
a) All expenditures o£ funds will be made in accordance
with the stated budget allocation as approved by the
City Commission.
b) CITY fund; will not be co -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.
g) 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
the CONTRACTOR'S governipg body, authorizing the
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execution of this Agreement, including all j
understandings with the person identified 'as the
official representative of the CONTRACTOR to act in
connection with the CONTRACTOR and to provide such
„tea
additional information as may be required.
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XXII
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 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
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:
MA TTY HIRAI
CITY CLERK
A ST:
C PORATE SECRETARY
CITY OF MIAMI, a Municipal
Corporation of the State
of Florida
BY:
CESAR H. ODIO
CITY MANAGER
CONTRACTOR:
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BOT-RDPRESIDENT
(AFFIX SEAL)
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APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
APPROVED AS TO INSURANCE REQUIREMENTS:
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CORPORATE RESOLUTION
WHEREAS, Martin Luther King Eooncenic Devel opnent corporation
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.
DATED this 25th day of
19 89 •
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— BOARD OF DIRECTORS CHAT PBRSON
- SECRETARY
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