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HomeMy WebLinkAboutR-83-0632J-83-645 41 L RESOLUTION NO. -&-A_C 32. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AIENDED AGREEMENT BET14EEN 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 complexity of the project and the need to dis- assemble the project into more components to encourage minority contractor participation requires additional work by the Little Havana Development Authority, Inc. to complete the project; and WHEREAS, the U.S. Department of Commerce, Economic Development Administration has reviewed and approved the amended project budget; and WHEREAS, funds for this increase are available from appropriated funds of the Latin Quarter E.D.A. 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 amended terms and conditions as set forth therein. PASSED AND ADOPTED this 18th day of July, 1983. 1 errp M JR CE . FERRE, MAYOR ATT T : � C - -" = LPH G. ONGIE, ILL CITY COMMISSION MEETING OF J U L 18 1985 RESULOWiv Not. 83-6-3 REMARKS. 41 PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: SE R. GARCIA—PEDROSA ITY ATTORNEY ,00gk e —2- 83--63Olt 41 a 0 An AIIEND'ME NT, to a Apt —?,anent dated April 11, 1930, hr t% een the City of Miami, hereinafter reC,:�rred to as the "CITY ", and Little Havana Development Authority, Inc. her,ainaf-tcr referred to as "LIiDA" . WHEItrAS, 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 tvEiER1s'AS, the Aareement of April 11, 1980 was Amended July 8, 1982; and wilEF.FAS, the parties agreed that changes to the Agreement would be mutually agreed upon and incorporated in writing to the original Aaree:nent; NO;y, THEREFORE, the parties agree to amend the Agreement, as amended, as follows: 1. Section II, ,MAXIMUM COMPENSA'PIoN 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 frog 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 AGREEMI.NT AS AMENDED REI4AIN IN FULL FORCE AND EFFECT WITHOUT MODIFICATION. Q3"63Z . . LJ ",.TT'IE F: z, our I-, )mis thi:, day of �_ ► 11)83. ATTEST: RAU;it;Ir --- -- - City Clerk ATTEST: Secretary REVIEWED BY: BEATRIZ BRU Assistant Citv Attorney BB/pb/0 S 1 CIT'� OF t'In'tI, a municipal corporation of the state of Florida, By - HO.W-JRD V. GAIRY Citv '•Ianaor-r LITTLE HAVANA DEVELOPIMENT AUTHORITY, INC. Py RAW, ALVAI EZ, Chairman APPROVED AS TO FORM AMD CORRECTNESS JOSE R. GARCIA-PEDPOSA City Attorney -2- 83-6321 0 0 ATATT: PtTlkMh1T An AMEND;iENT 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 prupose of providing professional services in conjunction with the execution of the Latin Quarter Program; and WHEREAS, the parties agreed that changes to the contract would be mutually agreed upon and incorporated in writing to the agreement; THEREFORE, Section II MAXIMUM C014PENSATION is amended as follows: 1. Section II, MAXIMUM COMPENSATION For the services provided under Section 1, of this AGREEMENT during the term of this AGREEMENT, LHDA, may be re- imbursed for no more than $140,000. IT IS FURTHER UNDERSTOOD THAT ALL CONDITIONS OUTLINED UNDER THE ORIGINAL AGREEMENT REMAIN IN FULL FORCE AND EFFECT WITHOUT MODIFICATION. WITNESS, our hands this ATTEST: Ralph G. Ongie, City Clerk WITNESS WITNESS REVIEWED BY: Beatriz Bru Assistant City Attorney day of . 1983. CITY OF MIAMI, a municipal corporation of the State of Florida By Howard V. Gary, City Manager LITTLE HAVANA DEVELOPMENT AUTHORITY By Raul Alvarez, Chairman APPROVED AS TO FORM AND CORRECTNESS: Jose R. Garcia -Pedrosa, City Attorney 83-63Z . ` r H1 ,OpX,1DL'4 OF ACF.EE`1E,;T The City of Miami, hereinafter called the CIT'i, and the Little Pavana Development Authority, hereinafter called LIMA, have entered into a Memorandum of Agreement this day of L'A19000, as a basis of understanding to carry out activities for the Latin Quarter program funded by the Economic Development Administration. NO'^' therefore, the CITY and the LHDA, do mutually agree as follows; I. SCOPE OF SERVICES It is understood that the LHDA will provide the following services for the CIT'i in conjunction with the execution of the Latin Quarter program: The LHDA will conduct regular Board meetings throughout the process to monitor implementation of the Latin Quarter progra'a 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/County/LHDA Project Management Comriittee designed to coordinate the implementation and manage— ment of the project. ' L11DA will provide data regarding business needs and the identification of business development opportunities 1 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. LIMA will assist the CITY in preparation and review of thn Latin Quarter Development Plan. SO-99 83-63Z II. MAX/":L'M C0 ,FE::SATI''):4 For the services provided under SECTION 1, of t: is AGREE"'.F;T, LHDA may be reimhtirsed for no more than $75,000.00. 11I. MMTHOD OF PAY"IENT All payments shall be transmitted to the CITY PROJrCT DIRECTOR. Requests for payment to LHDA for in-house costs shall be accompanied 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 LHDA cash flow. IV. Tl`!P OF PERFCF`fA":CF This AGREE`!EAT shall be deemed effective as of the date of signature of the City I-lanager. It will he deemed completed within three years of this date. V. PErFORMIk:CE REnU1RE`l-1:7"S Responsibility for lettino contract(s) and affirmative act;.— req-jirements will be assumed by the LHDA. 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 later 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 AGREEMIENT become the property of the City of Miami. VI. ASSIGNAK LITY 1 LHDA agrees to give notification, in writing, to the CITY of any proposed consultant contracts. Any work or services subcontracted shall be subject to each provision of this ACRE E!4ENT. None of the work pr services shall be subcontracted or reimbursed without the prior written approval of the CITY. L11DA shall insure that consultant rates 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. 80-99 83-63Z VII. REPORTING arnt?1RrE`;TS The Director of Public Wotr .s for the City of `1i-v-ii shall be the contract coordinator. Designated LIMA personnel shall keep the CITY informed of their activities by: 1. participation in regular meetirips of the Manabement Committee; 2. submitting monthly written progress reports on the project; 3. ad hoc ccmmunic:ition as necessary on polic; issues. VIII. AUD1T ANI) UOSPECTIONS At any time during normal business hours, records shall be rsade available 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 AGRE-u-I;T. Said documents and records shall be maintained by the agency not less than three (3) years after the termination of this A G R AEI'.: IX. A`--1;DTS The CITY and the LIMA may, at their discretion,, amend this AGREE:,--I;T at any time to conform with any contingencies which ray require such amendment. Amendments, if requireed, shall be incorporated in writing to this AGRU1,1EI:T upon review, approval and execution by the parties hereto. X. TEP1;I2:ATIOI7 This Memorandum of Agreement may be -terminated by either party at any time upon submission of thirty (30)'days written notice if there is: 1. ineffective or improper use of funds; 2. failure to comply with the terms of contract; 3. submittal of incorrect or incomplete reports; and .4. occasion wherein the implementation of the contract is rendered impossible or unfeasible. -3- 80.99 4. U"'A will ct:•.aply 'with the regulations and requirements of the O«i:r_ of Y.anaFenent and BudF,�t Circular A-102, "Uniform Administrative ^_;uirer�ents for Grant .-it-'yid to State and Local Cove rn.^ents" and Fe%erZl iianag;-ent Circular 74-4, "principles for Determining Costs Applicable to Grants and Contracts with State and Local Govern^ents". XIII.51C"ATORIES UN %+ITi:ESS h11EREOF, the Office of the City Manager and the t.ittle Havana Development Authority have entered intn this AGRFi:.".NT as of the date first above written. WIYtiESS A,rPO�' AS t Eu; ':D CORRECTNE GEV .t r F. 70x, J N CITi ATTORNEY —S- CITY OF MIAX.1, a nunici; ai corporation of the State of Florida / ? CITE' MANAGER ) Willlfe,Gort, LITTLE KA'A;:A DEVELO?- ?CENT AUT11OR ITY 80-99 AMENDMENT +1-c I1 An AMENDMENT to a contract dated A ri1' `i r E 11 F' [� p , 9R , between the City of Miami, hereinafter referrm t�es1he-. "C�TY�� and Little Havana Development Authority, hereinafter referred to as "LHDA" i'.:,ivi1 City Ciarh WHEREAS, the parties above had enterggyfAt%aA'-a reement dated April 11, 1980, for the purpose of providing professional services in conjunction with the execution of the Latin Quarter Program; and 19iEREAS, 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 day of 1982. ATTE CITY OF 4eof municipal corporation of the &a Florida By ��% - -' CwadMATTY H I2ry Acting City ' C g �'LIDE ELOPMENT AUTHORITY WITNE Byin„Chairman WITNESS REVIEWED BY: APP ED AS FORM AND,CORRECTNESS: BEATRIZ BRU GEORq4 F. KNOX, ' \ ASSISTANT CITY ATTORNEY CITY TTORNEY 83-632, 63 CITY OF MIAMI. FLORIDA i INTER -OFFICE MEMORANDUM To FROM Howard 17. Gary City Manager Donald W. Cather D irest o r_ .e —3i b 1 DATE: June 21, 1983 FILE: SUBJECT: Resolution authorizing the City :?anger to execute the attached ��.Ln�, dmmt to the agreement between REFERENCES:u� Little Havana Development Authority and the City of Miami ENCLOSURESdted April 11, 1980 (For Commission Mtg of July 18, 198 The Department of Public Works recommends the adoption of the attached resolution authorizing Me city nanaLyer to execute eement in the deveionment of a Latin Quarter the City of P4iani, in accordance wit 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 increases the amount eligible for reimbursement by $30,305, from $109,695 to $140,000 as per the revised grant approved by the Economic Development Administration. The complexity of the project and the need to disassemble the project into more and smaller components to encourage minority contractor participation has required additional work by the Little Havana Development Authority, Inc to complete the project. Funds for this amendment are available from the appropriated funds of the Latin Quarter E.D.A. project. JHO:slf Resolution attached ,a 0, 83-6 321 FACT SHEET FOR THE CITY HANAGER PROJECT NAME - LATIN QUARTER E.D.A. GRANT PROJECT NO. AND LOCATION 04-01-18017 B-6183 (N.W. 1 Street to S.W. 9 Street, and S.W. 12 Avenue to S.W. 17 Avenue). PROJECT SCOPE - Construct sidewalk, street and drainage improvements, tree planting, decorative lighting and street furniture in the Little Havana area to further the Latin Quarter concept of encouraging tourism and economic development. GRANT RECEIVED - Economic Development Administration, Title I Grant of the lower of $2,000,000 or 60 percent of the actual cost of the project was received and accepted on September 27, 1979, by Resolution No. 79-673. ACTION TO BE - Due to the complexity of the project and TAKEN the need to disassemble the project into more components to encourage minority contractor participation, there is a need to increase the funding under the agreement for professional services with the Little Havana Development Authority. Accordingly, funding for the L.H.D.A.'s services requires an increase of $30,305. BENEFIT TO BE - The City will continue to receive the REALIZED professional services as outlined in the original agreement, through completion of the project. ADDITIONAL - The granting agency, the Economic Development INFORMATION Administration, has approved this increase in funding for the Little Havana Development Authority, Inc. 6/21/83