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Home My WebLink AboutR-83-02183w83-130 RESOLUTION NO. LTD/MS/ah RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR THE PROVIDING OF TECHNICAL SUPPORT SERVICES FOR THE IMPLEMENTATION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN. SAID AGREEMENT NOT TO EXCEED $35,000. WHEREAS, the City of Miami Commission has approved the Southeast Overtown/Park West Community Redevelopment Plan (Res. No. 82-755), and WHEREAS, the City of Miami and the Downtown Development Authority (DDA)have consummated a Memorandum of Agreement for Park West Redevelopment on September 8, 1981 which delineates services that the City will contract with the DDA to provide for project implementaion; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Commission approves the Support Services Memorandum of Agreement, a copy of which is attached hereto and made a part hereof by reference, and authorizes the City Mana;(,�r to enter into said agreement. Section 2. The City Manager shall have authority to modify said agreement within limitations established by the project budget. Section 3. Funding for services to be rendered by the DDA shall not exceed $35,000. PASSED AND ADOPTED this 18 ATTEST: City - . e� G. ONGIE Clerk day of MARCH , 1983. MAURICE A. FERRE MAURICE A. FERRE Mayor CITY COMMISSION MEETING OF MAR 19 193 83-r.; H PREPARED AND APPROVED BY: L IA ALLEN DOUGHERTY Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: IL c� &Ake" _/ez� OSE R. GARCIA-PEDROSA City Attorney -2- 83_lv1& CITY OF MIAMI, FLORIDA 32- INTEROFFICE MEMORANDUM TO Howard V. Gary DATE: February 14, 1983 .ILE. City Manager SUBJECT: Support Services Memorandum of Agreement between City of Miami and DDA TROM. Herbert J. Bailey IIE►E11ENC[f Assistant City Manag ENCLOSURES: ' (3) "It is recommended that the City Commission approve the attached resolution authorizing the City Manager to enter into an agree- ment with the Downtown Develop- ment Authority (DDA) for technical support services for the South- east Overtown/Park West Community Redevelopment Project." „ J110 The Miami City Commission on Southeast Overtown/Park West (Res. No. 82-755) which was of County Commissioners. V July 291 1982, approved the Community Redevelopment Plan subsequently approved by the Board The Downtown Development Authority has played a leading role in the preparation of the Park West segment of the Plan. On September 8, 1981 a Memorandum of Agreement for Park West Redevelopment was signed by the City and the Downtown Development Authority (note attachment) which establishes an administrative framework for carrying forth the project. The City of Miami in this document has agreed to contract with the Downtown Development Authority to provide technical, staff and consulting management services to the Park West Project. The attached agreement delineates services to be provided to the City under the direction of the Southeast Overtown/Park West Project Office. Funding of $35,000 has been provided through 8th Year CDBG funds allocated to the Southeast Overtown/Park West Project. I MEMORANDUM Of ACRE[nial PARK WEST REDIVLJOfw[nI �! la order to provide for the effsclive administratlom and Implementation of (6) The City of Miami will contract with Ike Dorwtown Ravelupssns the proposed park West Wme Town -in -Town and for the slmultaneovs radaysiopennt Authority to provide tachnical.stall and consultant managsmwna ' of Overtown. It Is hereby ago -sod ghat the City of Miami (City) and the services to the park Wdst Project In the following areas: M Downtown DevelopmentAuthority(ODA) will cooperate towards the and of achisviag J the proposed redeveMpnent within the foliwing framework: (a) assist City staff and consultants in the peparatlon of the Rsvelopmems of Regional (1) The Clly of Miami will anerclse the authority to �, Impact Statement; undertake lark West redevelopment as granted by the (►) prepare development guidelines and arban design Dads County Commission. controls to establish a legal and physical framework for developmest; (2) The City Manager. acting with the advice of the Esecuelve (e) prepare and Implement a narketlag strategy t Director of the Downtown Oeveloprant Authority. shall aimed at attracting residents. businesses and appoint a Special Assistant to tl n City Manager with the most qualified developers to the project area. the $ole responsibility of managing sad Implementing The City will take the lead to Citifies fibs Park West Redevelopment ►ro,scg as project manager, /artlelpatloa elements of plan Implementation "- With lbs Downtown Development Authority (3) The City Manager will appoint A Park West Project Management assistimg; Committee to ensure close Intergovernmental coordination (d) assist the City to the review me developer during the life of the radevel,ipment project. The Committee proposals; A" f will consist of at least the fillowing members: (e) provids staff support as mended to msiwtsin management coaelaulty sad eke ap►roprlato VCity Manager or his designee level of effort required for successful Enecutiva Director. Downtown Development Authority impiwantatlon of the park West /rojact. C) Ovortown Redevelopment Director d) Park West Redevelopment Director (1) The Laeeutive Director of the Downtown Development Authority x e) Director. Dade County. Department of Mousing or his designee shall assist the City during the selection and Community Development of al: outside consultants who are to be retained for saw 1) Director. Dada County. Office of Community purposes of undertaking the ►ark Was& Redavelopment project. and Economic Davelupaent g) Director, City of Miami, Daparlmeng o! pt) In order to ensure a smooth transition from the 0-9— Community Development Development Aushority's Wet efforts related to ►ark Was&. (1) Thu park Worst Project Mans .r will Rule regular monthly ig Is agreed that the Park West project manger sad stall J g' s y progress will initially be housed within Ike ollicab of Nor Dow&own reports to lhs Aeard of Directors of gibe Oo.e.10un Oevelupmrns Devefuparna Autfwrigy, rich it"t understanding tbt allernalm Authority. space say be required as stall needs espaad- The City i will compensate 1M: Oowntuwm Deveigmwmt Autharigy for space (S) The board of Directors of the Oowntr.wm Devt•tuar•at Authority toad services provided. will be asked to review and enJur,.e alto proposed rar& Weal/ ALALLD TO St/TtltO[D �. 19�1 Overtwn redevelopment plan'. developer selection a.uJ other eujor Impleaeata&to.1 decisions prior &o formal action by the ssiani AINROYED AS TO pORM: City Commission. with the understanding Igul lac► of endorse.wnl by the Downtown Oevelopment Authority does not preclude favorable City Commission consideration. ?VY An00 as 10=4 ry City Manager City of Miami 1 t � , M 0y Mkntea Emecugive Defector DY.natOrm► O.velWmrat Authority i 103 SUPPORT SERVICES MEMORANDUM OF AGREEMENT The City of Miami and the Downtown Development Authority have entered into this Memorandum of Agreement this day of , 1983, as a basis of understanding to carry out initial activities of the Southeast Overtown/Park West Community Redevelopment Project. Now, therefore, the City of Miami and the Downtown Development Authority do mutually agree as follows: I. DEFINITIONS DDA - Downtown Development Authority City - City of Miami, Florida SEOPWPO - Southeast Overtown/Park West Community Development Project Office Project - Southeast Overtown/Park West Community Redevelopment Program DCD - Department of Community Development II. SCOPE OF SERVICES In order to provide assistance to the City of Miami (City) in conjunction with the implementation of the Southeast Overtown/ Park West Community Redevelopment Plan the Downtown Develop- ment Authority will undertake the following activities under the direction of the Southeast Overtown/Park West office. A detailed work program will be prepared for each of the activ- ities delineated subsequent to the consumation of the agree- ment. 1: Assist the City in the preparation of the Develop- ment of Regional Impact Statement. 2. Preparation of Urban Design Guidelines. 3. Assist in the preparation of the Southeast Overtown/ Park West Special Public Interest Zoning District. 4. Preparation of initial project marketing strategy. 5. Preparation of Project marketing slide presentation. -1- 83--''1F, 11 T 6. Assist the City in the preparation of initial prospectus of offering. 7. Assist in general Project management. III. MAXIMUM COMPENSATION For the services provided under Section II of this Agreement, it is understood and agreed that the City shall pay during the term of agreement to the DDA an amount not to exceed $35,000. Compensation for activities delineated in Section II shall be generally as follows: 1. Assist the City in the preparation of the Development of Regional Impact Statement: $ 2,500 2. & 3. Preparation of Urban Design Guidelines and assistance in the preparation of the Southeast Overtown/Park West Special Public Interest Zoning District: $22,500 4. Preparation of initial Project marketing strategy: $ 3,500 5. Preparation of Project marketing slide presentation: $ 1,500 6. Assist the City in the preparation of initial pro- spectus of offering. $ 21500 7. Assist in general Project management: $ 21500 IV. METHOD OF PAYMENT Payment to DDA shall be on a reimbursement basis. Requests for reimbursement shall be accompanied by sufficient supporting documentation including copies of staff time sheets and invoices for Project related purchases of supplies and services. Requests for reimbursement from DDA shall be reviewed and processed by SEOPWPO upon receipt. V. TIME OF PERFORMANCE Activities delineated in this Agreement shall be undertaken between January 1 and October 2, 1983. -2 - �-------'-'--._......J.•�•��'Mt7A'Su,fP€?=ram='`�-.,--''�-: •,,. ,. _. _. VI. ASSIGNABILITY DDA agrees to give notification, in writing, to the SEOPWPO of any proposed subcontracts. Any work or services subcontracted shall be subject to each provision of this Agreement. None of the work or services shall be subcontracted or reimbursed without the prior written approval of the SEOPWPO. DDA shall insure that consultant rates of compensation do not exceed the rates specified in 570.200 (g) (3) of the code of federal regulations. DCD shall review each contract or subcontract using Community Development funds for compliance with federal regulations. VII. AUDIT AND INSPECTIONS At any time during normal business hours, records shall be made available to the City Internal Audit or authorized repre- sentative, DCD, and representatives or 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 matter covered by this Agreement. Said documents and records shall be maintained by the DDA not less than three (3) years after the termination of this Agreement. VIII. .AMENDMENTS The SEOPWPO and the DDA may, at their discretion, amend this Agreement at any time to conform with any contingencies which may require such amendment. Amendments, if required, shall be incorporated in writing to this Agreement upon review, approval and execution by the parties hereto. IX. TERMINATION 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 -3- 83--1211S 4. Occasion wherein the implementation of the Contract is rendered impossible or unfeasible. Should the DDA violate or breach the terms of this Contract, the City shall determine the appropriate legal or adminis- trative action to be taken and penalties to be assessed. X. CONFLICT OF INTEREST The DDA covenants that no person under its employ who presently exercises any functions or responsibilities in connection with CD funded activities has any personal financial interests, direct or indirect, in this Agreement. The DDA 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 DDA or its employees, must be disclosed in writing to the SEOPWPO. The DDA, in the performance of this Agreement, shall be subject 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 DDA 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. DDA will establish safeguards to prohibit employees from t 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: I. DDA will comply in accordance with the Housing and Community Development Act of 1974, Section 109 with -4- S13-21IS with Title VI of the Civil Rights Act of 1974, Title VIII of the Civl Rights Act of 1968, Executive Orders 11246 and 11046 and Section 3 of the Housing and Urban Development Act of 1968 Section 570.303 (3) (1) and incorporated herein by reference. 2. DDA 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. DDA 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. DDA will comply with the regulations and requirements of the Office of Management and Budget Circular A-102, "Uniform Administrative Requirements for Grants -in - Aid to State and Local Governments" and Federal Management Circular 74-4, "Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments". XIII. SIGNATORIES IN '4ITNESS WHEREOF, the Office of the City Manager and the Downtown Development Authority have entered into this Agreement as of the date first above written. 11 Witnesses: DOWNTOWN DEVELOPMENT AUTHORITY BY• (_ED& F. RENZIE Executive Director 8,3- :1S _ -- —_— .. .__-----,..�:� via.ratxf;,�++'+C,eye�•xtw,4�:rs�a .»u-�t+2�a'i-.-.,:. :.._:. �. CITY OF MIAMI, a municipal Corporation of the State of Florida Attest: By: HOWARD V. GARY City Manager RALPH G. ONGIE City Clerk APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA City Attorney -6- S3-- 1'*20' 1E, 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 ROY F. KENZIE is authorized to sign contracts on behalf of DOWNTOWN DEVELOPMENT AUTHORITY as its duly sworn Executive Director and is empowered to make and sign contracts and agreements binding DOWNTOWN DEVELOPMENT AUTHORITY to any contracts and agreements with the CITY OF MIAMI. BD* IQ KENZIE, Executive Director Downtown Development Authority One Biscayne Tower, Suite 2099 Miami, Florida 33131 SWORN TO AND SUiSCRIBED before me this_r__day Of 'v\n_ -A &4 1983. Nbtaiy $UP1ib,^6tVte of Florida at Large My Commission Expires: Notaa Pub%Staj2 of Florida at 11111 my tamisslan hires June 11►1oW H