HomeMy WebLinkAboutR-84-0833J-84-632
7/19/84
rr/025/07
RESOLUTION NO. 84-833
A RESOLUTION AUTHORT7ING THC CITY MANAGER
TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLU TO TI1E CITY ATTORNEY, WITH
THE DOWNTnv1,,4 PIIAMT. BUSINESS ASSOCIATION
FOR THE FtAGt_ER `i'TREET AREA TILE PROJECT,
USING FUNDS THEREFOR IN THE AMOUNT OF
$7590009 PREVIOUSLY ALLOCATED UNDER
RESOLUTION NO. 84-537, ADOPTED MAY 109
1984.
WHEREAS, the City Commission on May 10, 1984 adopted
Resolution No.84-537 allocating $75,000 of Jobs Programs
funds to the Downtown (Ij ami 0cisinens Association for the
Flagler Street: Area Tile Proj(2ct, and authorized the City
Manager to enter into negotiations with the said agency and
submit the agreement to the City Commission prior to
execution;
NOW, THEREFORE, BE If 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 the Downtown Miami Business Association for
the Flagler Street Area Tile Project, using funds therefor in
the amount of $75,000 previously allocated under Resolution
No. B4-537, adopted May 10, 19B4.
PASSED AND ADOPTED this 30th day of July , 1984.
ATTEST:
Maurice A. Ferre
CITY MMISSION
MEETING CF
JUL 30 1°84
RESOIU)jc)V
UAAKKS _
PREPARED AND APPROVED BY:
.ly-
DEPUTY CTTY ATTORNEY
APPROVED A ii� FORM AND CORRECTNESS:
r-ITY ATTORNEY
84-833
TO. Howard V. Gary
City Manager
FROM: Dena Spillman
Director.
Community Development
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
DATE: July 1), 1984 FILE.
SUBJECT: Downtown Miami Business
Association
REFERENCES: C 7. ty Ccmmi s s ion Agenda -
July 30, 1984
ENCLOSURES.
It is recommended that the City
Commission approve the attached
resolution authorizing the City
Manager to enter into an agree-
ment with. the Downtown Miami
Business Association for $75,000.00
of Jobs Program Funds for the
purpose of replacing the curbing
around the planters along Flagler
Street with tile.
At the City Commission meeting on May 10, 1984, Resolution No.
84-537 was passed and adopted authorizing and directing the
City Manager to allocate an amount not to exceed $75,000 of
Jobs Program funds to the Downtown Miami Business Association
for the Flagler Street Planter Area Tile project, and to enter
into negotiations with said agency and bring the negotiated
Agreement back to the City Commission prior to its execution.
The Agreement has now been prepared in accordance with the pro-
posal submitted by the above mentioned agency and this Agreement
is ready for execution pending City Commission approval of the
enclosed resolution.
The idea of' replacing the curbing around the planters along Flagler
Street with tile came as a result of the difficulty of maintaining
those areas. They are being used by pedestrians as trash collection
areas and they are never clean. This proposed project will help to
eliminate the current deteriorating conditions and create a pleasant
visual experience.
The Flagler Street Tile Project will offer the opportunity for
different uses:
a) Sitting areas
b) Vending Areas
tt c) 7%ttractive sidewalk cafes, where permitted
d) Places for public arts displays
t
84-8.3.3
�■
Howard V. Gary
July 3, 1984
page 3
thereby increasing pedestrian circulation that will attract the
thousands of workers and shoppers that are not presently utilizing
these areas.
It is therefore recommended that the City Commission approve the
attached resolution.
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, entered into this day of , 1984,
by and between the City of Miami, a municipal_ corporation of Dade
County, Florida, hereinafter re erredt t:o as the "CITY," and the
Downtown Miami Dusi_ness Asscc a.tion, lie rei_natfter_ referred to as DMBA,
a corporate body fully organized and existing by virtue of the laws
of the State of Florida as a non-profit corporation, having its prin-
cipal office at One Biscayne Tower, Suite 2099, Miami, Florida 33131.
WITNESSETH :
WHEREAS, the City Commission on May 10, 1984, passed Resolution
No. 84-537, authorizing and directing the City Manager to award a
grant in the amount of seventy-five thousand dollars ($75,000) to
the Downtown Miami Business Association, said funds to be taken
from Community Development Jobs Progran Funds; and
WHEREAS, the funds are to provide for the removal of the
planters along Flagler Streetin downtown Miami and replacing
them with tile; and
WHEREAS, the funds are also to be used to cover other project
related costs such as engineering fees, administration, miscella-
neous incidentals, and the removal of curb and gutter where
required; and
WHEREAS, the DMBA is desirous of obtaining a grant from the
CITY to fund the Flagler Street Planters Area Tile Project to help
beautify the downtown Miami area; and
WHEREAS, the CITY has identified federal funds available
through the Community Development Jobs Program to provide a
seventy-five thousand dollar ($75,000) grant to DMEA for tem-
porary construction jobs for the removal of the planters along
Flagler Street in downtown !•Iiami and replacing them with tile;
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and oblicationS herein contained, and subject
to the terms and conditions hereinafter stated, the parties
hereto understand and agree as follows:
1.
TERM:
The term of this Agreement shall be from , 19 ,
through , 19
CITY AUTHORIZATION:
For the purpose of this contract, the City of Miami's Depart-
ment of Community Development and Department of Public Works
will act on behalf of the CITY in the fiscal and programmatic
monitoring and control of this Agreement and will serve as
the CITY's liaison to the DMBA.
SCOPE OF SERCICES:
(1) Upon execution of this ,Agreement, the CITY shall award
a grant to DMBA in the sum of seventy-five thousand
dollars ($75,000) to pay for costs related to the
removal of planters along Flagler Street and the in-
stallation of tile. DMBA shall disburse a portion of
the funds that are received from the CITY to the con-
tractor submitting the lowest qualified bid as received
and reviewed by the City of Miami's Department of Public
Works; and
(2) This grant is to be made by the CITY to DMBA for the sole
purpose of providing jobs to remove the planters along
Flagler Street and to pay for other project related
costs as listed in the proposal submitted by DMBA.
Specifically, this grant shall be used to provide for
the replacement of the planters aloncq Flagler Street
with tile and to create temrorary construction jobs
for the purpose of accomplishing this task. Any other
use of these funds is expressly prohibited; and
(3) At one -month intervals, Dmmshall provide the City
t
with a progress rt_t-_,ort on the ::cti,.7ities and accom-
plishments of the subject gr- nt. :'his report shall be
in the format specified bit the CI`i'Y's Department of
Community Development; and
8 S. .? .
cilia ifl R.-r., u�
11
11
(4) In the event suit is instituted to collect any monies due
under this contract, DMBA agrees to pay such additional
sum as the court shall adjudge reasonable as attorney's
fees.
IV.
COMPENSATION:
A. CITY shall pay DMBA, as maximum compensation for the
services required pursuant to Paragraph III hereof,
$75,000,00.
B. Such compensation shall be paid on the following bases:
1) Funds received by DMBA from the CITY shall be dis-
bursed to the contractor being awarded the lowest
qualified bid; and
2) Funds received by DMBA from the CITY shall be used
to create temporary construction jobs for the pur-
pose of removing the planters along Flagler Street
and replacing them with tile.
3) Funds received by DMBA from the CITY shall be used
to pay for other project related costs such as
engineering fees, administration, miscellaneous
incidentals and the removal of curb and gutter,
where necessary.
C. CITY shall have the right to review and audit the time
records and related records of DMBA pertaining to any
payments by the CITY.
V.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
ii Both parties shall comply with all applicable laws, ordinances
and codes of federal, state and local governments.
i
-j - VI.
!j GENERAL CONDITIONS:
A. All notices or other communications which shall or
may be given pursuant to this Agreement shall be in
writing and shall Le delivered by personal service,
or by reg4ster�d rtujl addressed to the other party
at the address indicated hereiln or as the same may
be changed from time to time. Such notice shall be
deemed given on the day on which personnally served;
3.
_8 33
or, if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
CITY OF MIAMI DMBA _
Dept. of Community Development One Biscayne Tower
P.O. Box 330708 Suite 2.099
Miami, Fl. 33233-0708 Miami, Fl. 33131
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 Agree-
ment and any terms or conditions contained in any attached
documents, the terms in this Agreement shall rule.
D. No waiver or 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.
I VII.
1
' NONDELEGABILITY:
That the obligations undertaken by DMBA pursuant to this
Agreement shall not be delegated to any other person or
firm unless the CITY shall first consent in writing to the
performance of such service or any part thereof by another
person or firm.
VIII.
BONDING AND INSURANCE:
DMBA shall carry or cause to be carried insurance coverage -
as specified below throughout the term of this Agreement.
No modification or change in insurance shall be made without
ninety (90) days' written advance notice to the City of
Miami, Florida through its Risk Management Division.
a. Workmen's Compensation Insurance - as
required by Chapter 410, Florida Statutes.
b. Comprehensive General Liability Insurance - with
at least a combined single limit for bodily injury,
and property damage liability of $1,000,000.00 per
4.
V 461
occurrence. The explosion, collapse, and underground
exclusions shall be eliminated. Contractual Liability,
Products and Completed Operations coverage, and Personal_
Injury coverage sha11 be included.
C. Automobile Liability .Insurance - co,.:er_ ina all_ oi:ned, non -
owned and hired vehicles used in connection with the ,,ror.k,
in amounts of $100,000 per person -- $300,000 per occur-
rence for bodily injury liability and $50,000 per occur-
rence for property damage liability.
d. The City shall be named as an Additional Insured
on the policies as recited in Paragraph b and c above.
The intent of this endorsement is that insurance
policies providing coverage for the Contractor as
Named Insured shall be primary for any loss or claim,
as a result of work being performed under the: scope
of this Agreement.
e. The minimum qualifications as to management and financial
strength of the Insurance Companies are as follo\4s:
The Company must be rated no less than "A" as
to management, and no less than "Class X" as
to strength, by the last edition of Best's
Insurance Guide, published by Alfred M. Best
Company, Inc., 75 Fulton Street, New York,
New York.
DMBA shall furnish Certificates of Insurance to
the CITY prior to commencing any operations
under this Contract, which Certificates shall
clearly indicate that the Contractor has obtained
insurance, in the types, amount, and classifica-
tions, in strict compliance with this Article.
IX.
AWARD OF AGREEMENT:
DMBA warrants that he/she has not employed or retained any
person employed by the CITY to solicit or secure this
5.
84-833
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Agreement and that he/she 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:
DMBA shall indemnify and save the CITY harmless from and
against any and all claims, liabilities, losses, and
causes of action which may arise out of DMBA's activities
under this Agreement, including all other acts or omissions
to act on the part of DMBA, including any person acting for
or on his/her 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 claims, or in the investi-
gation thereof.
XIII.
CONFLICT OF INTEREST:
DMBA 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), the
State of Florida and the federal government, and agrees
21
84--8,33
}
that he/she will fully comply in all respects with the terms
of said laws.
XIV.
AUDIT RIGHTS:
The CITY reserves the right to audit the records of DMBA
at any time during the performance of this Agreement and
for a period of three years after final payment is made
under this Agreement.
XV.
TERMINATION OF CONTRACT:
The 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, notice of termination of this
Agreement shill be in writing to DMBA, who shall be paid
for those services performed prior to the date of his/her
receipt of the notice of termination. In. no case, however,
will the CITY pay DMBA an amount in excess of the total sum
provided by this Agreement.
It is hereby understood by and between the CITY and DMBA
that any payment made in accordance with this Section to
DMBA shall. be made only if said DMBA is not in default
under the terms of this Agreement. If DMBA is in default,
then the CITY shall in no way be obligated and shall not
pay to DMBA any sum whatsoever.
XVI.
NONDISCRIMINATION:
DMBA agrees that he/she shall not discriminate as to race,
sex, color, creed, or national origin in connection with
his/her performance under this Agreement.
XVII.
OWNERSHIP OF DOCUMENTS:
All documents developed by DMBA under this Agreement shall
be delivered to the CITY by said DMBA 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. DMBA agrees that all documents
maintained and generated pursuant to this contractual re-
lationship between the CITY and DMBA shall he 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 DMBA pursuant to this Agreement shall at all
times remain the property of the CITY and shall not be
used by DMBA for any other purposes whatsoever without the
written consent of the CITY.
XVIII.
INDEPENDENT CONTRACTORS:
DMBA and his/her employees and agents shall be deemed to be
independent contractors, and not agents or employees of
the 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 em-
ployees; further, he/she shall not be deemed entitled to the
Florida Workers' Compensation benefits as an employee of the
CITY.
XIX.
MINORITY PROCUREMENT COMPLIANCE
DMBA acknowledges that he/she has been furnished a copy
of Ordinance :!o. 9775, the Minority Procurement Ordinance
of the City of :Miami, and agrees to comply with all appli-
cable substantive and procedural provisions therein,
including any amendments thereto.
B.
U
XX.
CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability _
of funds and con;-inued 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.
XXI.
DEFAULT PROVISION:
In the event that DMBA 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 the CITY, at its sole option, upon written notice to
DMBA may cancel and terminate this Agreement, and all
payments,.advances, or other compensation paid to DMBA
by the CITY while DMBA was in default of the provisions
herein contained, shall be forthwith returned to the CITY.
XXII.
AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both.
XXIII.
SIGNATORIES:
The legal representative(s) of this Agreement for DMBA
shall be the President and Vice President of the Board
of Directors or any other person the Board designates
by resolution.
Said resolution will be attached and made a part of this
Agreement.
84-83#1
3
a
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this day and year first Tni.tten.
CITY OF A1I AMI , a municipal
ATTEST: Corporation of the State
of Florida
RALPH G. ONGIE
City Clerk
ATTEST:
Corporate Secretary
WITNESSES:
(As to DMBA)
NOTE: If DMBA is not a
corporation, two
witnesses must sign.
APPROVED AS TO INSURANCE
REQUIREMENTS:
DEPARTMENT OF RISK
MANAGEMENT
By
HOWARD V. GARY
City Manager
DOWNTOWN MIAMI BUSINESS
ASSOCIATION, a Florida
corporation not -for -profit
By (Seal)
Title
APPROVED AS TO FORM AND
CORRECTNESS:
JOSE GARCIA-PEDROSA
CITY ATTORNEY
•
-.S
CORPORATE RESOLUTION
WHEREAS,
desires to enter into an agreement with the City of Miami;
and
WHEREAS, the Board of Directors at a duly held
corporate meeting has considered the matter to be in
accordance with the By -Laws of the corporation;
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 con-
tract to which this resolution is attached.
Dated this day of , 19
SECRETARY
CHAIRPERSON OF THE BOARD OF
DIRECTORS
84-833
A F F I D A V I T
City of Miami
Department of Law
169 East Flagler Street
Suite 1101
Miami, Fl. 33131
TO WHOM IT MAY CONCERN:
This is to certify that
is authorized to make and sign contracts and agreements by
or on behalf of
Name of Entity
Sworn to and subscribed
before me this _19
day of
NOTARY PUBLIC, State of
Florida at Large
My commission expires:
Name of Title of Affidavit
Name of Entity
Address of Entity
84-833