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HomeMy WebLinkAboutR-84-0546J--'84-419 RESOLUTION NO. S4-546 A RESOLUTION AUTHORIZING THF. CITY MANAGER TO EXECUTE THE ATTACHED AMENDED AGREEMENT BETWEEN THE I_.TTTLL; I I A V A N A 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 A FORM ACCEPTABLr -0 THE CITY ATTORNEY. 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 scrvices of The Little Havana Development Authority are required until the completion of construction of the various projects i:,ithin The Latin Quarter; and WHEREAS, the Latin Quarter Paving Project - Phase III construction had not begun prior to the expiration of the agreement; and WHEREAS, additional funds for this extension are not required; 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 a form acceptable to the City Attorney. PASSED AND ADOPTED this 10th day of May, 1984. ATTEST: ALP G CITY CLERK Maurice A. Ferre MAYOR CITY COMMISSION MEETINC OF MAY 10 1984 _ I A A PREPARED AND APPROVED BY: KOBERT--!,'. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: SE GARC:IA-PEDROSA, TY ATTORNEY - 2 - AMENDMENT #3 An AMENDMENT to an Agreement dated April 11, 1980, between the City of m1iami, hereinafter referred to as the "CITY" and Little (lavana Development Authority, hereinafter referred to as "LI-IDA" . WHEIREAS, 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 on July 8, 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: 1. Section IV, TIME OF PERFORMANCE This AGREEMENT will be extended from April 11, 1983 to September 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 day of 1984. ATTEST: City Clerk REVIEWED BY: CITY OF MIAMI, a municipal corporation of the State of Florida By Howard V. Gary City Manager LITTLE HAVANA DEVELOPMENT AUTHORITY By Chairman APPROVED AS TO FORM AND CORRECTNESS: JOSE CA-R-CTA---PTD ROSA CITY ATTORNEY i~ 7 { i CORPORATE RESOLUTION 3 WHEREAS The Little Havana Development Authority, Inc. j desires to enter into an agreement with the City of Miami; and i WHEREAS, the Board- of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS T that the chairman and secretary are hereby authorized and instructer' to enter into an agreement in the name and on behalf of this corporation with City of Miami upon terms contained in the proposed agreement to which this resolution is attached. DATED this day of 1984. ME:ORMMUN1 OF AGREEMENT The City of Miami, hereinafter called the CITY, and the Little llavann development Authority, hereinartr_r called LIMA, have entered into a P,erornndum of AFrr_emont this ! dny of (! . I9?0, as a _ _ .m- -- J C. basis of understanding to carry out activitl.es for the Latin Quarter program funded by the Fconontc Development Ac'ministration. N0"%' therefore, the CITY and the LHDA, do mutually agree as follows: I. SCOFF OF SF1RVTCFS 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 LIMA will conduct regular Board meetings throughout the process to monitor implementation of the Latin Quarter program and provide feedback on constraints and opportunities. Slid 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/CountyJL" DA 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. LMDA 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— s •' back on the sane. LTIDA Will assist the CITY in preparation and review of the. Latin Quarter Development Plan. ei • •.z • 84-54f ! r II. MAX I`;l-^t Ct)11FE';9A7TON For the servi.r_es provided under SECTIOIi I, of this AGREEMENT. LIiDA c+av be rr f.mhur,e<f for no more than $75,000.00. III. `TIf011 hF PAY11F,',T ? All payments r,hal1. be transmitted to the CITY PROJECT DIRECTOR. x Requests for paymr..nt to LIMA for in-house costs shall be acco+npanied by sufficient supporting documentation, including time sheets for staff working on the project. Requests for payment will be made on a monthly basis. Reasonable advances may be requested and approved to maintain the LNDA cash flow. -'s ! IV. TIME OF PERFOF`1ANCE -' This AGREh;ENT shall be deemed effective as of the date of -. -- signature of the Cite l;anager• It will he deemed completed within - three years of this Bate. V. PrriORL'_ CE RFOUIR>`;E'TS -.s Responsibility for letting contract(s) and affirmative act_cn requirements will be assumed by the LIMA. Any and all agree- :,, ments entered into by the LIMA 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 f' AGREDIENT become the property of the City of 1liami. VI. ASSIG;:AI?I.L1TY LIRA agrees to give notification, in writing, to the CITY of any 3 , proposed consultant contracts. Any work or services subcontracted shall be subject to each provision of this None of the work or services shall be subcontracted or relml+ursr_d without the prior written aPhrgval of the. CITY, L111)A shall. insure that consultant rates of com- pensation do s+ot. v>,rci d t.h+, rat.e:i c peci fie(] i►1 570.200 (g) (3) of the code of federal regulations. The CITY t;halI review eacli contract or suhcontract using EDA funds for compliance with federal regulations. • e...•. , .� .. 5—Er,RTIR lL1Rf:l�':iTS V I I. ...___,11',_- The DLrector of Public Fortis for the City of `tiami shall be the contract r_oordtnntor. iJesLl,nated 1.11DA personnel Shall keep the CITY informed of their activities by: 1. Participation in regular meetings of the Management z` Committee; —i 1 - 's 2. submitting monthly written progress reports on the project; 3. ad hoc communication as necessary on policy isaues. 1 VIII.AUDIT AN'D INSPECTIO`1S At any time during normal. business hours, records shall be evade available to the City Internal Audit or authorised representative, and representatives of the Federal Government to audit, exa-minc 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 AGREE"E1dT. Said documents and records shall be raintained by the agency not less than three (3) years after the termination of this AGREE IM1,T. IX. A-MENMiENT S The CITY and the LIMA may, at their discretion,. amend this AGREEI'.I.1r'T at any time to conform with any contingencies which may require such amendment. Amendments, if requi.reed, shall be incorporated in 1 writing to this AGV'IZE'- NT upon review, approval and execution by the parties hereto. X. TEP*MIN ;TION This Xemorandwn of Agreement may be -terminated by either party at any time upon submission of thirty (30)'days written notice if there is r r 1 i f f i ion f f d ne eet ve or proper use o un s, 2, failure to comply with the terms of contract; 3. submittal of incorrect or incomplete reports; and A* occasion wlierein the Lnplementation of the contract t is rendered impossible or unfeasible. " 84-54C 4. vn"k will ccmply ki th the rrS+-113 [on's and cequircnents 'of the �rr1tC of nt. tansl ?c+dget Circular r1 10?, "Un_(_"nr) 1,t3r1n.[strati'�e ^::ucrnt•nts far f+i tP 71 T-T-CI Gf)—,htt and r'nt 1 1T- 7l+-1+, t0�rinCi( !�S fpr1)Pter'Ii)I St5 Applicable to Grants and Contracts with State and Loca'_ Coe r.n-nents". XL I I . S 7 C','ATnr-T I.' IJT` ESS t4111:F!:OF, the Office of the City Manager and the Little ii3vana D,�vcloprent Authority have entered into this AG?F,i:1.c;;T as of the date first above written. i CITY OF MIAMI, a municipal corporation of the State of Florida �� ✓: �C T 1 CLi 1ICITY MANAGER S5S Wil'l-ie �Gort, LITTLE Hn,VAZNA DEvELO?— r1EA'T AUTHORITY . WIT .ESS %r01'r� AS171) u r�;D COFRECT;;E S: . Gi�i F. }: ' x iii , CIT-f ATTORNEY dfb r • • 4 .. t .. q 84-546 WITH[ SS our_ hands this day of 1983. CITY OF MTA71I, a Muni.Cipal ATT-F1T corpor, Anfl, r he State of Florida J t RAi�Pf G. OPIGIE H06IAI?D�V�%?ARY City Clerk Ci.t:y M, ,IQ,r LITTLF,, 4-1-, r *1A DEVELOPMENT ATTEST: AUTH ITY, INC. By Secr(�tary RAI�i, ALVARL7r, c airman _ 1 REVIEWED BY: APPROVED AS TO FORM AND CORRECTNESS s BEATRIZ BRU'J ks' R. GARCIA-PEDROSA Assistant City Attorney 7-ity Attorney i � 3 1 1 d .13E .s3 � ,•+ •t � J_-•` .. `n•:t ' .. .. .1 CA A 11Rr *tnnt V WTT An AMENDMENT to a contract dated April 11, 1980, between the City of Miami, hereier _tr_fhe "CITY ..r and Little Iiavana Development-- Authority, hereinafter_ referred to as "LIIDA" . 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 11HEREAS, 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 COMPENSATION and Section IV TIME OF PERFOP.`!ANCE are amended as fol lows : 1.. Section II, MAXI1•4UM, 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 ATTE '. / F Acting City Cl,�, Tom____ t/ W f WI` MESS \ REVIEWED BY: day of _ �? �i 1982. CITY OF HIA�AI a municipal corporation of tiie�_C,4' FF1orida By �DEVELOPME'NT AUTHORITY By l� �'��.ri'.! 11,�Lh•�irman A P P, BEATRIZ BRU ''• GL 01 ASSISTANT CITY ATTORNEY CITY :OVI? D AS%_`� 0 FORM AND,, CORRECTNESS: 2hir' F . KNOY. , JR—' `-ATTORNEY I 84-54C 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., 1.980, 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 li.ahilities incurred in the defense of any such claim, or in the investigation thereof. IT IS FURTIIER UNDERSTOOD TH.2%T ALL CONDITIONS OUTLINED UNDER THE ORIGINAL AGREEMENT AS AMIENDED REMAIN IN FULL FORCE AND EFFECT WITHOUT MODIFICATION. it• B4-546 WITNESS, our hands this day of , 1983. CITY OF MIAMI, a municipal ATTEST: corporation of the State of Florida By - - - RALPH G. ONGSE HOWARD V. GARY City City Clerk Manager LITTLE rJA DEVELOPMENT ATTEST: AUT ITX, INC. p OnT Cx _ By £` Secretary [ r" ; C_'.�airmari RA ALVAR REVI.NC?D BY: APPROVED AS TO FORM AND CORRECTNESS BEATRI7 PRU S R. GAIZCIA-PEDROSA Assistant City Attorney pity Attorney BB/pb/081 84--546 C i N CITY OF MtAMI, FLORIOA INTER -OFFICE MEMORANDUM _o rllor•, Howard V. Gary City Manager 4 WoW. Cather Director of Public Works April 18, 1983 DATE _rr,4 Resolution authorizina the City SUBJECT Manager to execute the aI,tac:hed Amendment; t.o the agreement between the Little Hnvina Development, Authority F, the Cit., R EFERENCeI.of dat:ed April 1 1 , 1980 or =.�cLosVz ..o f May 0 198if The Department of Public recommends the adoption of the attached resolution authorizing the City Manager to execute the attached amendment to the 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. The City of Miami has accepted a grant award form the Economic Development Administration for- physical improvements for the proposed Latin Quarter Project. The attached resolution authorizes you t.o execute t;he to "lie agreement for professional. services. The revision increases the time that the contract r-Jill run by six months to September 11, 1984.. 4 This extension is necessary so that the Little Havana Development Authority can continue to provide its services through the completion of our project entitled Latin Quarter Paving Project Phase III. No additional funds are required. JHO:gc Resolution attached cc: M. Alvarez `4 � r` 84-54E: LATE: April 16, 1984 T0: Joe Owsiak M Extension of administration Grants M nagei` budget FROM: Hilda Roth P, Executive Director' L.H.D.A. I am hereby requesting an extension of the administration budget allocated to L.H.D.A. through the E.D.A. Grant since construction of Phase III of the Latin (7)arter Pavinc_ Project have not started yet, and completion of such will take about 90 days. L.H.D.A. will continue to provide the same services contracted for, including promotion of area through the work done by the Public Works Department. L.i- D.A. is asking no increase in compensation at this time, just an extension of contract until completion of Phase III. FM: cb NNS havana development authority 970 sw first street miaml f arMa 33130 telephone (3M) 324 8127 84-546 . auk