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HomeMy WebLinkAboutR-86-0444J-86-508 6/4/86 RESOLUTION NO.������� A RESOLUTION AUTHORIZING THE CITY #' MANAGER TO EXECUTE AN AGREEMENT IN A {� •';;. FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH METROPOLITAN DADE COUNTY FOR THE PURPOSE OF IMPLEMENTING THE PUBLIC HOUSING SAFETY/SECURITY IMPROVEMENT PROJECT; AND ALLOCATING AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($2509000) IN 11th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO METROPOLITAN DADE COUNTY IN CONNECTION WITH ACTIVITIES TO BE IMPLEMENTED BY DADE COUNTY'S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SAID ALLOCATION —:4 CONDITIONED UPON METROPOLITAN DADE COUNTY PROVIDING MATCHING FUNDS IN THE -'° AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) FOR THE PURPOSE OF UNDERTAKING THE SAID IMPROVEMENTS TO PUBLIC HOUSING PROJECTS LOCATED IN THE CITY. WHEREAS, the County has the power to own and operate low <s{: income public housing projects within the CITY; and WHEREAS, such projects have a need for physical improvements ' to meet the safety and security needs of the residents of public "}. housing projects located within the CITY; and WHEREAS, on March 21, 1985, the Dade County Overall Tenants , "�. Advisory Council appeared before the City Commission to request funding assistance for the purpose of undertaking physical safety i and security improvements to public housing projects located in the CITY; and WHEREAS, the City Commission, through Motion No. 85-229, approved in principle the allocation of $250,000 in 11th Year 1 Community Development Block Grant funds in order to provide assistance to the Metropolitan Dade County in providing the said safety and security improvements; and WHEREAS, the City Commission conditioned the said allocation subject to the Dade County Overall Tenants Advisory Council obtaining matching funds from Metropolitan Dade County for said improvements; and WHEREAS, both parties are agreeable to providing funds for carrying out the said safety and security improvements identified, under the terms and conditions set forth in the said agreement; -Y -1 - - CITY COMMISSION MEETING^F JUN isIlseA L� tollll, 8G-4 t -o e s C. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in a form acceptable to the City Attorney, with Metropolitan Dade County for the purpose of implementing the Public Housing Safety/Security Improvement Project in the City to be implemented by Dade County's Department of Housing and Urban Development. Section 2. Community Development Block Grant funds in an amount not to exceed Two Hundred Fifty Thousand ($250,000) are hereby allocated to fund Metropolitan Dade County for purpose of undertaking the said improvements to public housing projects located in the City under the terms of the attached AGREEMENT. Section 3. The herein allocation is conditioned upon the Dade County Overall Tenant Advisory Council obtaining matching funds from Metropolitan Dade County in the amount of $250,000 for said improvements to public housing projects located in the City. Passed and Adopted this 12thday of JUNE , 1986. avier L. u ez Mayo r ATTEST: r Matty Hirai City Clerk PREPARED AND APPROVED BY: fo 6 Z4 � P, 4 � &C - Robert lar Chief Deputy City Attorney APPROVED AX/TO FOND CORRECTNESS: er City Attorney -2 - 8f -444. Ll 14 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Tot Honorable Mayor and Members of the City Commission FROM: Cesar H. Odi o City Manager DATE: J U N 41986 FILE: SUSPECT, Execution of Agreement with Metropolitan Dade County REFERENCES: City Commission Agenda Item June 12, 1986 ENCLOSURES: It is recommended that the City Commission adopt a Resolution authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney, with Me- tropolitan Dade County for the purpose of implementing the public housing safety/ security improvement project; and allo- cating an amount not to exceed Two Hundred Fifty Thousand dollars ($250,000) in llth Year Community Development Block Grant funds to Metropolitan Dade County in co- nnection with activities to be implemented by Dade County's Department of Housing and Urban Development; said allocation con- ditioned upon Metropolitan Dade County providing matching funds in the amount of Two Hundred Fifty Thousand dollars ($250,000) for the purpose of undertaking the said improvements to public housing projects located in the City. On March 21, 1985, representatives of the Dade County Overall Tenant Advisory Council appeared before the City Commission to request funding assistance from the City for the purpose of makina safety and security improvements to County - owned public housing projects located in the City of Miami. Through Motion No. 85-229, the City Commission directed the City Manager to allocate an amount not to exceed $250,000 in Community Development Block Grant funds for the aforementioned purpose. The City's commitment to provide funding assistance in defraying the cost of such security improvements was conditioned on Metropolitan Dade County providing a match of $250,000. On May 20, 1986, through Resolution No. 61486 the Dade County Commission approved matching funds for the subject security improvements in the required amount. 20 8f -444, City Commission Agenda Item June 4 , 1986 Page 2 The attached Agreement outlines the roles and responsibilities of the City and the County in implementing the public housing safety/security improvement pro- ject and includes a listing of the proposed improvements to be made. Staff has reviewed the safety and security improvements proposed by Dade County HUD and has determined them to be consistent the conditions under which the City Commission acted to fund up to $250,000 for such improvements. Commission approval is recommended. JG/mc 8f -444: �Rz MEMORANDUM OF AGREEMENT This Agreement made and entered into this day of , 1986, by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY"), and Metropolitan Dade County, (hereinafter referred to as the "COUNTY"), both of whoa understand and agree as follows: 16 WITNESSETH: WHEREAS, the COUNTY has the power to own and operate low income public housing projects within the CITY; and WHEREAS, such projects have a need for physical improvements to meet the safety and security needs of the residents of public housing projects located within the CITY; and WHEREAS, on March 21, 1985, the Dade County Overall Tenants Advisory Council ( "OTAC") appeared before the City Commission to request funding assistance for the purpose of making physical security improvements to public housing projects located in the CITY; and WHEREAS, the City Commission through Motion No. 85-229, approved in principle the allocation of $250,000 in Community Development Block Grant funds in order to provide assistance to the COUNTY in providing the said improvements; and WHEREAS, the City Commission conditioned the said allocation subject to the Dade County Overall Tenants Advisory Council obtaining matching funds from the COUNTY for the purpose of m4Lking the said improvements to public housing projects also located in the CITY; and WHEREAS, both parties are agreeable to providing funds for carrying out the activities and improvements identified, under the terms and conditions hereinafter set forth; 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 CITY of Miami and the COUNTY do mutually agree as follows: 86-4444 A SECTION I. DEFINITIONS: For purposes of this Agreement the following names shall be abbreviated as follows: CITY City of Miami F COUNTY Metropolitan Dade County DCHUD Dade County Department of Housing and Urban Development CCD City of Miami Department of Community Development SECTION II. It is understood that the CITY and COUNTY will carry out the following activities to implement this Agreement: A. CITY shall provide funds to the COUNTY in the amount of $250,000 for the COUNTY to make safety and security improvements at projects located in the CITY. B. Using COUNTY funds, the COUNTY shall make additional physical improvements costing at least $250,000 to projects located in the CITY. A listing of the projects to be improved, their locations, description of the improvements to be made, and their estimated cost are shown on EXHIBIT II. C. The COUNTY may make adjustments to EXHIBITS I and II to add or delete projects and/or specific safety and security improvements, or to modify the cost of any improvement, so long as such adjustments are consistent with the spirit of this Agreement and are agreed to by DCHUD and CCD after consultation with OTAC. D. DCHUD shall submit periodic status reports to CCD describing the progress in carrying out the program. SECTION III. *' TIME OF PERFORMANCE: 8 -444 { -2- =f J The COUNTY shall begin the improvement program described in Section II of this Agreement upon execution by the City Manager and CountyManager and terminate 365 days thereafter. SECTION IV. PAYMENT FOR IMPROVEMENTS: A. For the improvements described in Section II A (Exhibit I) of this Agreement, it is understood ,and agreed that the CITY shall reimburse the COUNTY, upon submission of itemized invoices by DCHUD to CCD, an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000). B. It is understood that the CITY shall not reimburse the COUNTY for any r . administrative costs incurred -n the carrying out of this physical safety/security improvement program. It is further :r agreed that the improvements to be paid for by the CITY shall be made by private contractors. C. Invoices for payment ^y shall be prepared by DCHUD and submitted monthly to CCD ;when °s partial payments are required in the course of implementing 3� the program described in Section II, not to exceed the flY $250,000 limit. 'p SECTION 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. SECTION VI. GENERAL CONDITIONS: A) All notices or other communications which shall or may j 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 sane may be changed from tine to time. Such notice shall be deemed .given on the day on which personally served; or, if by mail, on the fifth day after 86-4 44. being posted or the date of actual receipt, whichever °s earlier. Metropolitan Dade County De artment of Housing City of Miami and Urban Development Dept. of Community Development 1401 N.W.. 7th Street P. 0. Box 330708 Miami, Florida 33125 Miami, Florida 33233-0708 B) Title and paragraph headings are for convenient reference and are not a part of this Agreement. C) In the event of any 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 a breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E) Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a 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 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. SECTION VII. 0WNERSHIP OF DOCUMENTS: All documents developed by the COUNTY under this Agreement shall be delivered to the CITY by the COUNTY upon completion of the activities required pursuant to Section II hereof and shall become the property of the CITY, without restriction or limitation on its use. The COUNTY agrees that all documents maintained and generated pursuant to this contractual relationship between the CITY and the COUNTY shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by the CITY to the COUNTY pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the COUNTY for any other purposes whatsoever without the written consent of CITY. SECTION VIII. NONDELEGABILITY: ,,- That the obligations undertaken by the COUNTY pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to the performance or assignment of such service or Y any part thereof by another person or firm. i ., SECTION IX. .�, AUDIT RIGHTS AND INSPECTIONS: `4 At any time during normal business hours and as often as the CITY, U.S. HUD and/or the Comptroller General of the United i States may deem necessary, there shall be made available to the CITY, U.S. HUD and/or representatives of the U.S. HUD or Comptroller General for examination all DCHUD records with respect to all matters covered by this Agreement and DCHUD will permit the CITY, U.S. HUD and/or representatives of the Comptroller General to audit, examine and make audits of all contracts, invoices, materiel, payroll, records of personnel conditions of employment and other data relating to all matters covered by this Agreement. The CITY reserves the right to,audit the records of the COUNTY 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 cost of said audit shall be borne by the COUNTY. Said documents and records shall be maintained by DCHUD no less 86 -444 I than three (3) years after the termination of this Agreement. X. AWARD OF AGREEMENT: The COUNTY 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. X1. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. SECTION XII. SUCCESSORS AND ASSIGNS: is This Agreement shall be binding upon the parties herein, their successors and assigns. SECTION XIII. INDEMNIFICATION: The COUNTY shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the COUNTY's activities under this Agreement, including all other acts or omissions to act on the part of the COUNTY, 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, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. 86-'-444 SECTION XIV. CONFLICT OF INTEREST: The COUNTY covenant that no person under its employ who presently exercise any functions or reponsibilities in connection with CD funded activities. has anv personal ;s financial interest, direct or indirect, in this Agreement. The COUNTY further covenant that, in the performance of this y4 C Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of COUNTY or fr, its employees, must be disclosed in writing to the CITY. COUNTY 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 u State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. SECTION XV. N , INDEPENDENT CONTRACTOR: The COUNTY's employees and agents shall be deemed to be Y independent contractors, and not agents or employees of the a CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights is generally afforded classified or unclassified employees; further they shall not be deemed• entitled to the Florida Workers' Compensation benefits as an employee of the CITY. SECTION XVI. TERMINATION OF CONTRACT: This Agreement may be terminated for cause by either party at any time upon submission of thirty (30) days written notice. The City Manager for the CITY, and the County Manager for the COUNTY, shall make the determination whether there is sufficient cause to terminate this Agreement. XVII. NONDISCRIMINATION: 86-'444 The COUNTY 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. XVIII. MTTTl1DT�11V DDl1(►iTDL�ML�rTr17 f'�r1MDT.T AATI�Ti+ The COUNTY 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 provisions therein, includ:�ng any amendments thereto. SECTION XIX. 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. SECTION XX. DEFAULT PROVISION: In the event that the COUNTY 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 here-6n, then CITY, at its sole option, upon written notice to COUNTY may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to COUNTY by CITY while COUNTY was in default of the provisions herein contained, shall be forthwith returned to CITY. 86 -444 XXI. 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. SECTION XXII. ASSURANCE AND CERTIFICATIONS: A. No person in the United States shall, on the grounds of race, color, creed, national origin, sex, marital status or physical handicap, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement and will immediately take any measure necessary to correct any such discrimination and to insure that such discrimination cannot occur in the future. B. The parties will comply with the Housing and Community Development Act of 1974, as amended, Section 109 of Title VI, of Civil Rights Act of 1984, Title VII of the Civil Rights Act of 1968, Executive Orders 11046 and Section 3 of the Housing and Urban Development Act of 1968 (Section 570.303 (E) (1) attached). C. The parties will comply with the provisions of the Hatch Act as amended January 1, 1985, which limit the political activity of employees. D. The parties will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have families, business or other ties. B. The parties will comply with the following federal regulations as they may apply to this project. The 86 -4414 • regulations are incorporated herein an: made a part of hereof by reference. 1. Flood Disaster Protection Act of 1973 (P.L. 93-234) HUD a 1 Lead -Based Paint Regulations, 24 CPR Part 35 Clean Air Act, as amended, 42 USC 2875 et seq. 2. Federal Water Pollution Control Act., as amended, 33 U"C 1 251 et seq. _ 3. Regulations of Environmental Protection Agency 40 CFR o Part 15, as amended. 4. Federal Labor Standards, 10 CPR Parts 3, 5, and 5a of Department of Labor. n Y 4 =F 5. Non -Discrimination Under Title VI of the Civil Rights dux Act of 1985. 6. Uniform Relocation assistance and Real Property Acquisition Policies Act of 1970. f SECTION XXIII. ' AGREEMENT DOCUMENTS The parties hereto agree and understand that the following list of documents constitute and shall be hereafter referred to as part of this Agreement. A. Guidelines for applicants on Equal Employment Opportunity Community Development Block Grant. B. U.S. Department of Housing and Urban Development Notice CPD-75-4 (Annual Report on Relocation and Real Property Acquisition Activities from HUD-7083). C. U.S. Department of Housing and Urban Development Notice (Request for U.S. Department of Labor Wage Rate �I Determination). D. Office of Management and Budget Circular A-102, "Uniform !; Administration requirements for grants-in-aid to State and Local Governments" to Community Development Block Grants. E. Circular A-102 Principles for determining costs !' applicable to grants and contracts with State and Local Governments. F. Dade County Community Development Block Grant Program Affirmative Action Plan. SECTION XXIV. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized,• this the day and year first above written. sc-444 H I By Sergio Pereira County Manager APPROVED AS TO FORM AND CORRECTNESS: Robert A. Ginsburg County Attorney i ATTEST: City of 'vZiami, a municipal Corporation of the State of Florida t By Matty Hirai Cesar H. 0 io r City Clerk City Manager (SEAL) E t \ Y Metropolitan Dade County Richard rin er County Clerk APPROVED AS TO FORM AND CORRECTNESSS: Lucia A. Dougherty City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Division of RiskManagement CITY FUNDED SAFETY AND SECURITY IMPROVEMENTS CITY OF "IIAMI PROJECTS FY 1986 EXHIBIT L Project Name And Number Location Description of Improvement Estimated Cost Rcbert King High Little Havana Change existing deadbolt locks. S 5,000 Fla. 5-13 Install peepholes in apartment entry doors. ;,500 Martin Fine Little Havana Change existing deadbolt locks. 1,000 Villas, Fla. 5-48 Green Turnkey Highland Park Install security screens on ground - Fla. 5-28 floor apartment windows. 5,000 Townpark Villas Overtown Install new steel balcony and stair- Fia. 5-33 way railings. 11,000 Culmer Place Overtown Install new security screen doors Fla. 5-49 on front entrances to all apartments. 30,000 Parkside Overtown Install 8 foot high steel picket Fla. S-54 and chainILnk fence at both sites. 32,000 Liberty Square Liberty City Install new security doors and Fla. 5-2/315 Locks on all boiler rooms. 2,000 Install new security doors and locks on all electric meter rooms. 13,000 Gwen berry Allapattah Install security screens on all Gdns. Fla.-5-27A windows of ground -floor units and All sites accessible windows of second -floor units. 78,000 Scattered Sites Lemon City Tnstall security screens on all Fla. 5-27B windows of ground -floor units ., and accessible windows of second - floor units. 27,000 Three Round Towers Allapattah Install additional security screens. 6,000 Fla. 5-62 Gibson Plaza Coconut Grove Install security screens. 7,200 8-3 Stirrup Plaza Coconut Grove Install security screens. 3,500 Fla. 5-58 Victory Homes Little River Install traffic barriers. 5,000 Fla. 5-7 It SUB -TOTAL S233,200 Other improvements to be agreed upon between DCHW and CCD in consulta- tion with OTAC. 16,800 GRAND TOTAL ' $250,000 SG'. `444 C COUNTY FUNDED 0PROVEMENTS CITY OF MIAMMI PROJECTS FY 1986 LZ E:OiIEIT II Project :Vane And Number Location Description of Improvement Estimated Cost Little Havana Little Havana Install steel picket/chainlink fence. S 43,600 8-11 Install automatic door answering system. 10,400 Riverside 8-6 Little Havana Install automatic door answering system. 11,100 Fla. 5-100 Little Havana Install backyard fencing. 18,900 Jose Mendez Wynwood Install perimeter fencing. 20,700 Fla. 5-94 Gibson Plaza 8-3 8-7 Musa Isle Fla. 5-47 Singer Plaza 8-10 Culmer Gardens Fla. 5-75 Townpark Fla. 5-99 Fla. 5-93 Robert King High Fla. 5-13 tjaley Sofge Towers Fla. 5-26 Martin Fine Viilas Fla. 5-48 Rainbow Village Fla. 5-32 Liberty Square Fla. 5-2/3/5 Newberg, Fla. 5-31 Edison Courts Fla. 5-1 Coconut Grove Install automatic door answering system. t 9,100 s Coconut Grove Install backyard fencing. 21,600 Allapattah Install automatic door answering system. 27,000 Allapattah Install security screens. s: 1,000 r. Exterior fencing. 1,500 Install automatic door answering system. 13,000 j Overtown Install backyard fencing. k 7,400 Overtown Install security screens. 27,000 Install backyard fencing. 30,000 I_ Liberty City Install backyard fencing. 21,400 F Little Havana Install automatic door answering system. 25,000 k Little Havana Install automatic door answering system. 40,000 Little Havana Install automatic door answering system. 15,000 Overtown Install steel mesh security screen doors. 45,000 Install five speed bumps. 1,000 Liberty City Install deadbolt locks. 48,000 Lemon City Install steel mesh security screen doors. Edison Park Install steel mesh security screen doors (back). (This will not be installed if Federal modernization funds are received for Edison Courts in 1986.) 18,000 78,000 TOTAL S535,700* *Of this amount, $250,000 is the fequired County match. The balance are improvements to be provided by the County over and above what is required by this agreement. SE-444s