HomeMy WebLinkAboutR-84-1454J-84-1158
RESOLUTION NO. 84-1454
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AMENDED AGREEMENT
BETWEEN THE LITTLE HAVANA DEVELOPMENT
AUTHORITY AND THE CITY OF MIAMI FOR THE
PROFESSIONAL SERVICES OF SAID AUTHORITY IN
THE DEVELOPMENT OF A LATIN QUARTER IN THE
CITY OF MIAMI IN ACCORDANCE WITH THE TERMS
AND CONDITIONS AS SET FORTH THEREIN.
WHEREAS, the City of Miami has entered into an agreement
with the Little Havana Development Authority for professional
services in the development of a Latin Quarter, said agreement
being dated April 11, 1980; and
WHEREAS, the services of The Little Havana Development
Authority are required until the completion of construction of
the various projects within The Latin Quarter; and
WHEREAS, the S.W. 17 Avenue Paving Project construction had
not begun prior to the expiration of the agreement; and
WHEREAS, additional funds for this extension are provided
with the approval of the Economic Development Administration from
construction savings of this project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
the attached agreement between the Little Havana Development
Authority and the City of Miami for the professional services of
said Authority in the development of a Latin Quarter in the City
of Miami in accordance with the terms and conditions as set forth
therein.
CITY u : l,ilaSTUtV
DEC 113 1984
RESOLUTION No.84-145P
REMARKS.
v
v
l
PASSED AND ADOPTED this 13th day of December, 1984.
ATTEST:
RALPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
z
DEPUTY CITY ATTORNEY
APPROVE
CITY ATTORNEY
CORRECTNESS:
- 2 -
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
84-1454
0 k
AMENDMENT #4
An AMENDMENT to an Agreement dated April 11, 1980,
between the City of Miami, hereinafter referred to as the
"CITY" and Little Havana Development Authority, Inc.,
hereinafter referred to as "LHDA".
WHEREAS, the parties above entered into an
agreement dated April 11, 1980, for the purpose of providing
professional services in conjunction with the execution of
the Latin Quarter Program; and
WHEREAS, the Agreement of April 11, 1980 was
amended on July 8, 1982, and on September 13, 1983, and on
June 6, 1984; and
WHEREAS, the parties agreed that. changes to the
contract would be mutually agreed upon and incorporated in
writing to the agreement;
NOW, THEREFORE, the parties agree to amend the
Agreement, as amended, as follows:
1. Section II, MAXIMUM COMPENSATION as amended,
is further amended as follows: For the services provided
under Section 1., LHDA, may be reimbursed for no more than
$ 168, 000 .
2. Section IV, TIME OF PERFORMANCE
This AGREEMENT will be extended from September
11, 1984 to September 30, 1986.
IT IS FURTHER UNDERSTOOD THAT ALL CONDITIONS
OUTLINED UNDER THE ORIGINAL AGREEMENT DATED APRIL 119 1980,
AMENDMENT DATED JULY 89 1982, AND AMENDMENT #2 DATED
SEPTEMBER 13, 19830 AND AMENDMENT #3 DATED JUNE 69 19849
SHALL REMAIN IN FULL FORCE AND EFFECT WITHOUT MODIFICATION,
EXCEPT AS PROVIDED HEREIN.
WITNESS, our hands this day of
1984.
ATTEST:
City Clerk
CITY OF MIAMI, a municipal
corporation of the State
of Florida
By
Howard V. Gary
City Manager
84--� 454
,
ATTEST
RPgRATE SECRETARY
REVIEWED BY:
ASSISTANT CITY ATTORNEY
REVIEWED AS TO INSURANCE
REQUIREMENTS:
/)l, _ - 1 1
11 %, L'!
IVISION,
LITTLE HAVANA DEVELOPMENT AUTHORITY, INC.
By
S \A--
Chairman
APPROVED AS TO FORM AND CORRECTNESS:
- 2 -
LUCIA A. DOUGHERTY
CITY ATTORNEY
84--1454
0
AMENDMENT #3
An AMENDMENT to an Agreement dated April 11, 19809
between the City of Miami, hereinafter referred to as the
"CITY" and Little Havana Development Authority, Inc.,
hereinafter referred to as "LHDA".
WHEREAS, the parties above entered into an
agreement dated April 11, 1980, for the purpose of providing
professional services in conjunction with the execution of
the Latin Quarter Program; and
WHEREAS, the Agreement of April 11, 1980 was
amended on July 81 1982, and on September 13, 1983; and
WHEREAS, the parties agreed that changes to the
contract would be mutually agreed upon and incorporated in
writing to the agreement;
NOW, THEREFORE, the parties agree to amend the
Agreement, as amended, as follows:
I. Section IV, TIME OF PERFORMANCE
This AGREEMENT will be extended from April 11,
1984 to September 11, 1984.
IT IS FURTHER UNDERSTOOD THAT ALL CONDITIONS
OUTLINED UNDER THE ORIGINAL AGREEMENT DATED APRIL 11, 1980,
AMENDMENT DATED JULY 81 1982, AND AMENDMENT #2 DATED
SEPTEMBER 13, 1983, SHALL REMAIN IN FULL FORCE AND EFFECT
WITHOUT MODIFICATION, EXCEPT AS PROVIDED HEREIN.
WITNESS, our hands this ! day of
1984.
TTEST: CITY OF MIAMI. a municipal
corporation o the State
of Florid /
gy
Howard . Gary
City MAhager
84-1454
9 te
ETARY
REVIEWED BY:
REVIEWED AS TO INSURANCE
REQUIREMENTS:
0
LITTLE HAVANA DEVELOPMENT AUTHORITY, INt
By=(:l—f
airman
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
- 2 •
84-1454
E
AMENDMENT #2
An AMENDMENT, to a Agreement dated April 11, 1980, between
the City of Miami, hereinafter referred to as the "CITY", and
Little Havana Development Authority, Inc. hereinafter referred to
as "LHDA".
WHEREAS, the parties above had entered into an agreement
dated April 11, 1980, for the purpose of providing professional
services in conjunction with the execution of the Latin Quarter
Program; and
WHEREAS, the Agreement of April 11, 1980 was Amended July 8,
1982; and
WHEREAS, the parties agreed that changes to the Agreement
would be mutually agreed upon and incorporated in writing to the
original Agreement;
NOW, THEREFORE, the parties agree to -amend the Agreement, as
amended, as follows:
1. Section II, MAXIMUM COMPENSATION is amended as follows:
For the services provided under Section 1, LHDA, may be
reimbursed for no more than $140,000.
2. LHDA agrees to indemnify and save the CITY harmless
from and against any and all claims, liabilities, losses and
causes of action, which may arise out of LHDA's activities under
this contract, including all other acts or omissions to act on
the part of the LHDA or any of them, including any person acting
for or on his or their behalf, and, from and against any orders,
judgments or decrees which may be entered and from and against
all costs, attorney's fees, expenses and liabilities incurred in
the defense of any such claim, or in the investigation thereof.
IT IS FURTHER UNDERSTOOD THAT ALL CONDITIONS OUTLINED UNDER
THE ORIGINAL AGREEMENT AS AMENDED REMAIN IN FULL FORCE .AND EFFECT
.
WITHOUT MODIFICATION.
84--1454
„,fi�Ir� r '• ••, �„ i.
ov
.� WITNESS, ,our hands this r
,.•.. -. - �� day of , 1983.
a+•�.�,� _ : CITY Of MIAM20 a municipal
corporation q� the State of
Florida,.. 7G, �--�
RALPM G. ONGIE
City Clerk
ATTEST!
Secr,�t.ary `
f
%RFVLEWED BY:
BEATRI Z BRU
Assistant City Attorney
BB/pb/081
By
HOWARD -. ARS
City ••Mans r
LITTLE 7A DEVELOPMENT
AUT ITY, NC.
4
By
PEEP
0
APPROVED AS TO FORM AND CORRECTNES=
1FnWrr4A-4Fq1 M/��
vtuai ate• VS'flNIrb
ity Attorney
13
,+. � : - � - . ':'i ;� �� .via:,- ,. � • � •'_
... ) •.--� -t.. •v •J � .-Yli tJ�7iD�.'�b v,�•vwl :r>: d'vy�l �. •v.� �•L•�''"i/'.••`�Il.�. dot. '+i:�y a•' - ., r••��{. ..v.. �. �. .,. .r.
. .. ._ v• �:..P °�,�,jl�,C.r''r-�•Xi..`. i�•.r' : ":y.:37r�•L4(i.•:.i�::r A'i-: .. .- `t' :•}i. ..�,�y.v�-"'•q"•.
• }',....:'' . •: • may. ati",7r{¢"�:+ ar t. .per, . E.• '� �t' �s •'. .. : „Y ..�:' .,..' . .
t'11 � � •. � - •. +� : � 1•�`;•�R�` •fl � �.•..+ r T •� � t,«art. 1•' ' � • •, • �.i..', ,r ... ''.,�' '
� Y' �w .� :/•+ • f. �•..�•. h �y•�� •�M•�w ar .••.�' .Irr i.•w .• d�►�yrft.�w�:•�•• •••re •r . `+y •:i�.ii•�. -��� w•�w."K�.� '.. •
•,,..• _ . ;,... �;dl. 7v, . ,+•.: /'j �t4 • . :.t :';v� ice• .. .%•.{r .� 7 . .. `:'• •. .. :7 • f'
• �. � - .r_r. ��'= 'f�tTr�r j''►�Lii� ":.•*..• 1 's.. .4r: �.:, ;•: �'•• •.• `� .
- .. • . !� • . - ..��. •Y{�sfJr.:i y •1��K,it 14: n •;fir► .�' .�.; • w: � �,' fir:. r � ' •i'r' •:v'�-...'. • ., �.
.•J• ''. .. •J•.... .: I. 64 . ...
• _' •:1�. w t!•yi:�tiipw• �N:;,p„�.A. jl • ••..' •!'. • � .- „i •�A..p:.•�•' i .. � .;�.�•..• ,
dW
' 1•!�T.:9Y�:1 I•i 1''.i.• ry• ;�•�}i .� •y�s�].^IY•J �+ 7��T• ''C�.�`i , , •� ,•, ` .. ••.
.” .'�► �, .t ;ter %. ' •"�`:•.., �''rr: t•{. /_ 'i;;�rs � yS• •�" — �. . '..::••. ..%: � . •:.p ' . r.t
''»•.ti!.:.►::i !•4. r!•4•..lnr(,i+•n�i,:Yy{.�r•r.:i'. a... '. .i:: ..•,jr. _ .. �..•
= i;w�••f•. '•±r. •Yritr{�.jjYir/:i%X�,��.. �.,..•• �. y _ 2_ µ
'r�'� � y�4+i;vtjr:�3�,2'i.;�. t. �,�j �, •w�j�'•,�aw'ri'1.�.?• sw►Mliii�!!► TV�c �
Ili' L ..• Y. lsi► +��� .•t�.vv �f+w' •rt • .;,
M �j��• !•Y�.•��i .f .�:.' , i• .:w. .. ..•r• ~ .le,`•F Sw •'1•'•v.�/�. +if •. N••,i •',.
AMENDMENT
An AtIENDMENT to a contract dated April 11, 1980, between
the City of Miami, hereinafter referred to as the "CITY",
and Little Havana Development Authority, hereinafter referred
to as "LHDA".
WHEREAS, the parties above had entered into an agreement
dated April 11, 1980, for the purpose of providing professional
services in conjunction with the execution of the Latin Quarter
Program; and
tniEREAS, the parties agreed that changes to the contract
would be mutually agreed upon and incorporated in writing to
the agreement; and
WHEREAS, the CITY agrees to change both the maximum com-
pensation and time of performance sections of the agreement;
THEREFORE, Section II MAXIMUM COMPENSATION and Section IV
TIME OF PERFORMANCE are amended as follows:
1. Section II, MAXIMUM COMPENSATION
For the services provided under Section I, of this
AGREEMENT during the term of this Amendment, LHDA, may be re-
imbursed for no more than $34,695.00.
2. Section IV, TIME OF PERFORMANCE
This AGREEMENT will be extended from April 11, 1983
to April 11, 1984.
IT IS FURTHER UNDERSTOOD THAT ALL CONDITIONS OUTLINED UNDER
THE ORIGINAL AGREEMENT REMAIN IN FULL FORCE AND EFFECT WITHOUT
MODIFICATION.
WITNESS, our hands this g day of 1982.
ATTE CITY OF HIA I a municipal corporation
of the e F orida
By
MATT�Y H I -, aVANA,
V . ry
Acting City C _ Ma ag
:t
►` LI DEVELOPMENT AUTHORITY
W �TKE!By!kt
L s•1-ia_ ti QChairman
WITNESS
REVIEWED BY:A APP ED;ASrlFORM AND ;CORRECTNESS:
BEATRIZ BRU GEOR�4 F. KNOY., ZR.\
ASSISTANT CITY ATTORNEY CITY ATTORNEY t )
84-14 i4
r, MD10RANDUM OF AGREEMENT
The City of Miami, hereinafter called the CITY, and the Little
Havana Development Authority, hereinafter called LHDA, have entered into a
Memorandum of Agreement this day of � , 1980, as a
basis of understanding to carry out activities for the Latin Quarter program
K funded by the Economic Development Administration.
a�•
NOW therefore, the CITY and the LHDA, do mutually agree as follows:
f., I. SCOPE OF SERVICES
. It is understood that the LHDA will provide the following services -
for the CITY in conjunction with the execution of the Latin Quarter program:
The LHDA will conduct regular Board meetings
Y,= throughout the process to monitor implementation
of the Latin Quarter program and provide feedback
on constraints and opportunities. Said Board
meetings shall be reasonably noticed and opened to
the public.
The LHDA will provide secretarial services for the
meetings of their Board and the meetings of a
joint City/County/LHDA Project Management Committee
designed to coordinate the implementation and manage—
ment of the project.
LHDA Will provide data regarding business needs and
the identification of business development opportunities
within the Latin Quarter area.
LHDA will provide.a channel for private sector/business
participation by keeping groups and individuals informed
of the Study process as well as obtaining from them feed—
back on the same.
LHDA will assist the CITY in preparation and review of the
Latin Quarter Development Plan.
84-1454
80-99
N
• FE2SSA:'I%'I •
I I. }tA.tit`.l, t CV
For the services provided under SECTION t, of this AGREEMPUN o
L11DA may be reimbursed for no more than $75*000.00.
111. 11F.TiiOU_ Of PAYME::T
All payments shall be transmitted to the CITY PROJECT DIRECTOR.
Requests for payment to LHDA for in-house costs shall 'be accompanied '
by sufficient supporting documentation, including time sheets for staff
wcrking on the project. Requests for payment will be made on a monthly
basis.
Reasonable advances may be requested and approved to maintain �
the •LHDA cash flow.
IV. TD!E OF PERFORMANCE
_ This AGREV.EN"T shall be deemed effective as of the date of -
signature of the City Manager. It will he deemed completed within
-three years of this date.
• V. PERFOR.`:%NC£ REOUIRt-VENTS ' - •
Responsibility for letting contract(s) and affirmative
action regairevents Will be assumed by the LEDA. Any and all agree-
ments entered into by the LHDA Will adhere to all federal requirements
and State laws, including the following: the Lead -Based Paint Poisoning
Prevention Act, Clean Air Act, Federal Water Pollution Control Act, Section 3
Clause, and Equal Employment Opportunity. These acts are included in this
contract by reference. Materials and documents produced as a result of this
ACREDMIN'T become the property of the City of Miami.
VI. ASSIGNABILITY
LHDA agrees to give notification, in writing, to the CITY of any
proposed consultant contracts. A-ny work or services subcontracted shall
be subject to each provision of this ACREFNENT. None of the work qr
services shall be subcontracted or raLmbursed without the prior written
apprgval of the CITY. LHDA shall insure that consultant Yates of com-
pensation do not exceed the rates 'specified in 570.200 (g) (3) of the •
code of federal regulations. The CITY shall review each contract or
subcontract using EDA funds for compliance with federal regulations.
84-1454 ..'
�... .
VIt. fi�PARTt`;G Rt'�l1IRLNENTS
The Director of Public Works for the City of Miami shall
i. be the contract coordinator. '
}' Designated LlibA personnel shall keep the CITY informed of
their activities by:
1. participation in regular meetings of the Management
Committee;
2. submitting monthly written progress reports on the
project;
3. ad hoc communication as necessary on policy isaues. �
VIII.AUDIT AND INSPECTION'S
At any time during normal business hours, records shall be
made mailable to the City Internal Audit or 'authorized representative,
and representatives of the Federal Government to audit, examine.and make
audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters -
covered by this AGREEMEt:T. Said documents and, records shall be maintained
by the agency not less than three (3) years after the to ..ination of this
AGREE2W1;T.
IX, A.yEND`SE:dTS
The CITY and the LHDA may, at their discretion,. amend this
AGREE:S:vT at any time to conform, with any contingencies Which may require r
such =mendment. Amendments, if requireed, shall be incorporated in
writing to this AGREEMENT upon review, approval and execution by the
parties hereto.
X. TEPAINATION ,
This Memorandum of Agreement may be'terminated by either party
at any time upon submission of thirty (30)'days vritten notice if there -
Is: •.
r 1. ineffective or improper use of funds;
2. failure to comply with the terms of contract;
3. subnittal of incorrect or incomplete reports;
and
.4. occasion wherein the implementation of the contract
.is rendered impossible or unfeasible.
84-1454
XI. CONFLICT OF INTEREST
I. The Board covenants that no person under its employ who presently
execcises any functions or responsibilities in connection With CA funded
activities has any personal financial interests, direct or indirect, in
this AGREEMENT. The Board further covenants that, in the performance of
,this AGREEMENT, no person having such confli:ting interest shalt be em—
ployed. Any such interests, on the part of the Board or its employees,
mt-At be disclosed in writing to the CITY.
The LHDA, in the performance of this AGREEMENT, shall be sub—
ject to the more restrictive law and/or guidelines regarding conflict
of interest promulgated by Federal, State or local government.
XII. ASSURANCES AND CERTIFICATIONS
1. 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 any program'or
activity for which the LHDA receives funds under this AGREEMENT, and
it will immediately take any -measures necessary to correct any such
discrimination and to ensure that such discrimination cannot occur in
the future.
2. The CITY 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 family, business or other ties.
With specific reference to this AGREEMENT:
1. LHDA will comply with Title VI of the Civil Rights Action of
1974, Title VIII of the Civil Rights Act of 1968, and Executive Orders
11246 and 11046.
2. LHDA will comply with the provision of the Hatch Act as
amended January 1, 1975, Which limits the political activities of
employees and incorporated herein by reference.
3. LHDA will comply with the Anti —Kickback Act, Title XVIII,
U.S.C. Section 874, and provisions of the Federal Labor Standards,
Title XXIX, and incorporated herein by reference.
—4— 84-1454
804P99
3 '• ,i • ~
4• L;'..A will c,,.,ply with the regulations and cegviret+ents'nt the
},
A+ w. �rfia of ;!anaZenent and Budget Circular A-i0?., "UniformAdministrative
.►•_ ant:. -in -Aid to State and Local Covern•^ents" and
.•.;uirements for Cr
y Fent Circular 74-41 "Principles for' Determining Costs
' Applicable to Crants and Contracts with State and Local Covernnents".
}` Xt I I. SIC`:ATOFIrS
ay
IN WITNESS MIEREOF. the Office of the City Manager and the
Little 03vnna Development Authority have entered intn this AGRF.L••..•..T
f>".
Y. as of the date first above Written.
! CITY AF MIA` I, a municipal corporation
Y1 of the State of Florida
as��- W-
,-CITY CLz.r",F: CITY MANACER
V t+'ilYYe /Cott. LITTLE Nr',\'A;:A. DE'v'F.LO?-
MENT AUTTIORITY
f
+
WIT ESS
t
A:,IROYF AS fN At:D CORRECTN ..
_a •
t Joy
�r '
40
so -99
4 #
, ... r.,:.._ . .
CITY OF MIAMI, FLORIOA
107.
INTER -OFFICE MEMORAND �''� S `i �� `'?' j i;'j ."L.
• �U
TO; Howard V. Gary November 14, 1984
City Manager GATE: FILE:
t,
FROM: Donald W. Cather
Director of Public rlc
'`
Resolution authorizing the City
SUBJECT: Manager to execute the attached
Amendment to the agreement betwe=
the Little Havana Development
REFERENCES: Authority $ the City of Miami
dated April 119 1980
ENCLOSURES:(For Commission Meeting of
December 13, 1984)
=,a The Department of Public Works recommends the
T' adoption of the attached resolution authorizing the
City Manager to execute the attached amendment to
the agreement between the Little Havana Development
ws Authority and the City of Miami for the professional
services of said Authority in the development of a
fir.
Latin Quarter in the City of Miami, in accordance
with the terms and conditions as set forth therein.
The City of Miami has accepted a grant award from the Economic
Development Administration for physical improvements for the proposed
Latin Quarter Project. The attached resolution authorizes you to
execute the amendment to the agreement for professional services. The
revision increase the time that the contract will run by two years to
September 30, 1986.
This extension is necessary so that the Little Havana Development
Authority can continue to provide its services through the completion of
the County's S.W. 17 Avenue rebuilding project, which has been delayed
by Right -of -Way acquisition problems.
The additional $28,000 in funding will be provided by transferring funds
from Construction to Administration within this project. These funds
have already been appropriated and the transfer approved by the Economic
Development Administration (the Granting Agency).
JHO:tmk
Resolution attached
84-1454