HomeMy WebLinkAboutR-84-1287J-84-1107
RESOLUTION N0. 84-12W
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE Ali AMENDED AGREEMENT WITH
THE HAITIAN TASK FORCE, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WHICH AMENDS ARTICLE
III OF THE AGREEMENT APPROVED BY RESOLUTION
NO. 83-1034 TO WAIVE THE 30% CASH MATCH
REQUIREMENT AS SPECIFIED UNDER THE TERMS OF
THE CITY'S COMMERCIAL FACADE REHABILITATION
PAINT PROGRAM AND TO ACCEPT THE VALUE OF
DONATED PAINT AS A COMPARABLE MATCH.
WHEREAS, the Commercial Facade Rehabilitation Paint
Program is a component of a comprehensive city-wide Commercial
Rehabilitation Assistance Facade Treatment Project; and
WHEREAS, this program was approved in the ninth year
Community Block Grant Application by Resolution No. 83-334; and
WHEREAS, the City Commission passed Resolution No. 83-
0134, authorizing the City Manager to execute contractual
agreements with neighborhood economic development organizations;
and
WHEREAS, the Haitian Task Force (HTF) was identified and
approved as one of the organizations to implement the commercial
facade program, within the specified target area; and
WHEREAS, the American Institute of Architects (AIA)
sponsored a design competition for the Little Haiti/Lemon City
Commercial District; and
WHEREAS, the purpose of the competition was to generate
designs that could be implemented to enhance trade and sales of
the districts merchants; and
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, in order to begin implementation of this
project, the resources of the City's Commercial Facade
Rehabilitation Paint Program must be utilized; and
WHEREAS, through the City's Commercial Facade
CITY COMMISSION
MEETING OF
NovQ8 19844
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REMARKS.
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Rehabilitation Paint Program, $30,OOO has been allocated to the
Edison/Little River, which includes the Little Haiti commercial
area; and
WHEREAS, the $30,000 budget is to be matcnea oy
participating merchants (70% City, 30% merchants); and
WHEREAS, the economic climate of the Little Haiti
business community has declined; and
WHEREAS, the Commercial Coatings Corporation has agreed
to donate approximately 250 gallons of paint to assist in the
rehabilitation, of the Little Haiti Commercial District; and
WHEREAS, the cash value of the paint donated will be
accepted as the property owner's required 30% match to
participate in the City's commercial facade program.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into an agreement, in a form acceptable to the City
Attorney, for a period of one year with the Haitian Task Force.
Section 2. That the 30% cash match be waived for
property owners and/or merchants participating in the City's
commercial facade program.
Section 3. That the value of the paint donated by
Commercial Coatings Corporation be assessed and be accepted in
lieu of the cash match by approved property owners and/or
merchants.
PASSED AND ADOPTED this 8th day of November ,
1984.
J
ATTEST:
`a
ALPH G. ONGIE, CITY C L E R
J PREPARED AND APPROVED BY:
e,4� /. &4k
ROBERT F. CLARK, DEPUTY CITY ATTORNEY
APPROVED AS T F RM AND CORRECTNESS:
Maurice A. Ferre
MAURICE A. FERRE
Mayor
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84-128'7
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CITY OF MIAMI. FLORIDA
55
INTER -OFFICE MEMORANDUM�
jg, vvi 25 Q. i 1i 14* 1 U
Howard V. Gary October 23, 1984
TO. City Manager
FROM: Charlotte Gallogl
Director ( I
Department of Economic Development
DATE:
FILE:
Approval of the Commercial
SUBJECT: Facade Rehabilitation Paint
Program Contract with the
Haitian Task Force for
REFERENCES: the Little Haiti Area
November 8th Commission
ENCLOSURES: Agenda
"It is recommended that the City
Commission approve the attached
resolution authorizing the City
Manager to enter into an amended
contractual agreement with the
Haitian Task Force for the
implementation of a Commercial
Facade Rehabilitation Paint
Program in the Little Haiti target
area."
On November 16, 1983, the City Commission passed Resolution No. 83-
1034 allocating $200,000 and authorizing the City Manager to
execute contractual agreements with the Community Based
Organizations (CBOs) in the approved target areas to implement the
9th year City-wide Commercial Facade Rehabilitation Paint Program.
The Commercial Facade Rehabilitation Paint Program is a modified
approach to commercial rehabilitation where only the facade is
treated in a concentrated impact area of commercial use. In each
of the approved target areas, each CBO is required to enter into a
building/painting agreement with property owners and/or merchants
to implement the facade rehabilitation program.
!>'<
A budgetary amount of $30,000 has been allocated to each of the
target areas. The $30,000 budget is then matched by the
participating property owners and/or merchants, using the following
ratio, 70% City and 30% property owner/merchant. The maximum
amount allowed to rehabilitate any one building is $2,000. No
funds allocated for this project are used for administrative costs.
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Howard V. Gary
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The Edison/Little River area was one of the areas approved for
implementation of this program. The authorized target coordinates
of this area are:
N.E. 2nd Avenue between N.E. 54th and 62nd Street
N.W. 54th Street between N.W. 6th Avenue and N.E. 2nd Avenue
The above coordinates are inclusive of the Little Haiti community
where the Haitian Task Force (HTF) is the designated CBO for the
Little Haiti Commercial District.
In looking at the growing Haitian business community within the
City of Miami, and trying to identify a strategy to develop and
revitalize the area, the DED deferred implementation of the City's
facade program in Little Haiti.
Approximately one year ago, the Department of Economic Development
(DED) approached the South Florida Chapter of the American
Institute of Architects (AIA) to solicit its interest in sponsoring
a design competition for the commercial business district in Little
Haiti/Lemon City. The purpose of the competition was to generate a
design that could be implemented to enhance trade and sales of the
district's merchants and to provide ideas for the transition of
Little Haiti's commercial district of shops, galleries, and
restaurants into a tourist attraction.
A Little Haiti Design Competition Committee, assisted by the City's
Departments of Economic Development and Planning, developed
specifications for the competition and the AIA let the design
Request for Proposals (RFPs) in September, 1983. A total of 43
entries were submitted. On October 3, 1983, the winning designs
were selected. The members of the Design Competition Committee,
along with City and County representatives, have developed a plan
of action to begin implementing the winning entries.
In order to begin implementation, the resources of the City's
commercial facade rehabilitation program must be utilized. As
indicated earlier, the program is designed to have the property
owners and/or merchants match the City's 70% portion with a 30%
cash match. As you are aware, the Little Haiti businesspersons are
experiencing a decline in business and are having difficulty in
meeting their financial obligations.
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Howard V. Gary
Page 3
Therefore, the Commercial Coatings Corporation has agreed to donate
approximately 250 gallons of paint to the committee for the
implementation of this project. Upon obtaining the paint, the
committee will have the cash value of the paint determined and each
property owner and/or merchant participating in this project would
receive paint in an amount equal to the required 30% match. The
City's portion (70%) would still be used for activities approved
under the original contract agreement.
It is recommended that the City Commission adopt the attached
resolution authorizing the City Manager to enter into an amended
contract agreement, in a form acceptable to the City Attorney,
waiving the 30% cash match required by property owners and/or
merchants participating in the Commercial Facade Rehabilitation
Paint Program in the Little Haiti target area which is administered
by the Haitian Task Force. The value of the paint donated by the
Commercial Coatings Corporation will be accepted in lieu of the
previously required 30% cash match from the property owners and/or
merchants.
CG/MYA/ju
Attachments
84-128'7
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CITY OF MIAMI. FLORIDA
COMMERCIAL FACADE REHABILITATION PAINT PROGRAM AGREEME
This Agreement entered into this day of ,
1984, by and between the City of Miami, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY", and
HAITIAN TASK FORCE, INC. , a not for profit corporation of the
State of Florida, hereinafter referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, the Commercial Facade Rehabilitation. Paint Program
is a component of a comprehensive city-wide Commercial
Rehabilitation Assistance Facade Treatment Project; and
WHEREAS, this program was approved in the ninth year
Community Development Block Grant Application by Resolution No.
83-334; and
WHEREAS, the City Commission passed Resolution No. 83-0134,
authorizing the City Manager to execute contractual agreements
with neighborhood economic development organizations; and
WHEREAS, the Haitian Task Force, Inc. (HTF) was identified
and approved as one of the neighborhood organizations to
implement the commercial facade program, within the specified
target area; and
WHEREAS, thirty -thousand dollars ($30,000) has been
allocated to the Edison Center/Little Haiti area; and
WHEREAS, the eligibility for assistance will be for those
businesses located within the specified target area boundaries;
and
WHEREAS, the area boundaries which have been selected for
implementation of this project are N.E. 2nd Avenue between N.E.
54th and 62nd Street and N.W. 54th Street between N.W. 6th Avenue
.and N.E. 2nd Avenue.
NOW, THEREFORs, ir consideratior of toje p-3mises and the
mutual covenants at: :bligatiors herein coeta:-er, srd subject to
84-JL287
the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
TERM:
The term of this Agreement shall commence on November 12,
1984 and terminate one year later. Upon termination of this
Agreement, the CONTRACTOR agrees and understands that the CITY
has no obligation to renew this Agreement.
SCOPE OF SERVICES:
CONTRACTOR'S scope of services will include:
1) The CONTRACTOR agrees to carry out the project in a
lawful, satisfactory and proper manner, in accordance
with the written policies and procedures, and
requirements as prescribed in this Agreement, as set
forth by the City of Miami's Department of Economic
Development (DED).
2) The CONTRACTOR will notify target area property owners
and/or merchants of the commercial rehabilitation
program, develop a priority list of buildings to be
painted, obtain release of liens and/or hold harmless
agreement from propoerty owners participating in the
program, and identify local residents to be employed as
part of the crews for the project.
3) The CONTRACTOR will enter into a commercial facade
rehabilitation agreement with the property owner and/or
merchant to provide commercial rehabilitation assistance
within the identified target area and boundaries.
3) The CONTRACTOR will approve all invoices submitted by
the general paint contractor and submit a request for
payment to the DED.
4 ) The -"VT1ACT0S , in con jurc:: > with :.ate Little Haiti
Des:=- Committee and the property owner and/or •erchatt,
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will review and approve the design, color, scheme,
signage and other programmatic details in the
implementation of this program.
5) The CONTRACTOR will submit a report to DED by the 15th
working day of each month detailing the following items:
a) List of property owners and/or merchants (include
name, address, and telephone number) notified of
program.
b) Monthly completion schedule for each project.
c) Monthly progress report on all projects.
III.
COMPENSATION:
A. CITY shall pay CONTRACTOR, as maximum compensation for
the services required pursuant to Paragraph II hereof,
the amount of $30,000.
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 $30,000. Unless
prior approval is obtained in writing from DED, in no
event shall the CONTRACTOR expend more than $30,000 in
the approved target area. It is understood that the
CONTRACTOR will enter into a commercial rehabilitation
agreement with the property owners and/or merchants to
provide services within the constraints of the budget.
The $30,000 budget will be matched by participating
property owners in the form of paint at a value equal to
the required 30% match. The City's 70% requirement
would still be in the form of cash and used for
activities previously approved. The maximum amount to
be expended per building is $2,000. No funds allocated
under this Agreement shall go toward administrative
costs.
Upon execution of the 16-e:sc: urt-weer. the CONTRACTOR.
:ne C0X71A=-- , :r. can junction with tme fes.eri
=or.tractor, will determine the amount of paint due from
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the property owner equal to the 30% cash match. Once
the property owner and/or merchant and CONTRACTOR
approve the completed work, the CONTRACTOR will release
payment to the general paint contractor within five (5)
working days.
C. The CITY shall have the right to review and audit the
time records and related records of the CONTRACTOR
pertaining to any payments by the CITY.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and local governments.
Y.
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
174 E. Flagler Street 7488 N.E. 2nd Avenue
Miami, Florida 33131 Miami, Florida 33138
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 document3v the terms of this Agreement shall
rule.
D. to waiver o* Sres-- s.• ary Vzvisiar. of t.!.s 1g-remen:
shall corstitute a waiver of any subsequent breach of
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the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
VI.
OWNERSHIP OF DOCUMENTS:
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
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
CONTRACTOR pursuant to this Agreement shall at all times remain
the property of the CITY and shall not be used by CONTRACTOR for
any other purposes whatsoever without the written consent of
CITY.
VII.
NONDELEGABILITY:
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.
VI_
AUDIT RIGHTS
CITY reserves the right :: audit the records of C3971ICTOR
at any time during tam Pe-!-►sar ze of this Agreeme c: !Var a
period of x e year after final payment i3 sare under tars
Agreement.
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All CONTRACTORS receiving $25,000 or more agree to submit to
the City's Department of Community Development an independent
audit, by a certified public accountant, which must include the
expression of an opinion on the financial statements and accounts
of funds. Said audit shall be submitted to the City's Department
of Community Development no later than ninety (90) days after the
termination of this Agreement or final receipt of CITY funds,
whichever is applicable.
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
percentage, brokerage fee, or gift of any kind contingent upon or
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
assigns.
XII.
INDEMNIFICATION:
The CONTRACTOR shall indemnify and save CITY harmless from
and against any and all claims, liabilities, losses and causes of
action which may arise out of CONTRACTOR'S activities under this
Agreement, inclu:irg al: suer acts or omissions t: a.: or, the
part of C3VTA RA~i'S, irc!='.tg any persoc a=- .-g f2 ar x ::s
behalf, and, frog or. against. any orders, JuMgser.tS, r de=reel
which tat be r:ered ar.d from and against a:: Costs, a::ortel•s
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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 Code 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 employees,
must be disclosed in writing to the CITY. The CONTRACTOR, in the
performance of this Agreement, shall be subject to the more
restrictive laws and/or guidelines regarding conflict of interest
promulgated by federal, state or local government.
XIV.
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INDEPENDENT CONTRACTOR:
The CONTRACTOR and its employees and agents shall be deemed
to be an independent contractor, 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.
TERMINATION OF '3MI:7:
CZT? -etaies :=e right to termicare tors W"ser.t at any
time pricer to the coap:etioc of the scrt::ts regz:-ed pursuant to
Paragraph :I hereof without penalty to tte C:•!. that event,
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a sixty (60) day notice of termination of this Agreement shall be
in writing to the CONTRACTOR, who shall be paid for those
services performed prior to the 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, they: the CITY shall in no way be obligated and shall
not pay to the CONTRACTOR any sus whatsoever.
XVI.
NONDISCRIMINATION:
The CONTRACTOR agrees that it shall not discriminate as to
race, sex, color, creed or national origin in connection with its
performance under this Agreement.
YVII.
MINORITY PROCUREMENT COMPLIANCE:
The CONTRACTOR acknowledges that it has been furnished a
copy of Ordinance No. 9775, the Minority Procurement Ordinance of
the City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
XV_
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
autho-izatiot, reduction of funds, azd/ r change in regulations.
YIZ.
PROVISION:
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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 .
BONDINS AND INSURANCE:
a) During the term of this Agreement, the CONTRACTOR shall
maintain bonding and insurance coverages 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.
XXI.
ASSURANCES AND CERTIFICATIONS:
The CONTRACTOR assures and certifies that:
a) All expenditures of funds will be made in accordance
with the proposal and Line Item Budget approved by the City
Commission.
b) CITY funds 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` '--e CONTRACTOR will zoe persocally liable for any CITY
finds es;e- Zed that were trr =h the program approved
7y the City Commissior. or ary funds viper_ded not in accordance
rith proper accounting s:a-zards as determined by competent
auditing authority.
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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
governing body, authorizing the execution of this Agreement,
including all understandings and assurances contained herein, and
directing and authorizing the person identified as the official
representative of the CONTRACTOR to act in connection with the
CONTRACTOR and to provide such additional information as may be
required.
XXII .
AMENDMENTS:
No amendments to this
Agreement shall be binding on either
party unless in
writing and
signed by both parties.
IN WITNESS
WHEREOF, the parties hereto have caused this
a
Agreement to be
executed in
their names by their duly authorized
officers and the corporate
seals to be affixed hereto, all as of
'
the day and year
first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
By
RAL H G. ON IE,
CITY CLERK
HOWARD V. GARY, CITY MAMA ER
CONTRACTOR: HAITIAN TASK FORCE,
INC.
ATTEST:
By
Corporate Secretary President
(Corporate Seal)
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