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HomeMy WebLinkAboutR-82-0931RESOLUTION NO. A.. 3 A RESOLUTION ALLOCATING $16'L , 161 OF GENERAL OBLIGATION HOUSING BONI) FUNDS TO METROPOLITAN DADE COUNTY FOR ADMINISTRA- TION OF THE PUBLIC HOUSING SCATTERED SITE PROGRAM BY DADE COUNTY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ON BIHALF OF THE CITY FOR THE CONTRACT PERIOD WHICH COMMENCED JUNE 16, 1982, AND EXPIR►,S DUNE 15, 1983; AND AUTHORIZ ING THE CLTY MANAGER TO ENTER INTO AN AGREEMENT, IN ESSENTIALLY THE FORM ATTACHED HERETO, WLTH M .TROPOLITAN FADE; COUNTY FOR THE AFOREMENTIONED PURPOSE. WHEREAS, Metropolitan Dade County has agree-d to provide the City of 1liami- with ce2r_tain admi.nistr3tive services in connection with the i-mplementati-on of the City's public housing scat:Lered site' program.; and 67ii?,1li;A;�, $162 , 161 is determined to be an oy]ui_tahje amount E )r the ae;mirli5trative i-rvices provided in rnlat.i-on to this program. N019, iHERL'!'!7lli , 13B 1'1 RESOLVED 13Y THE COt1IlI55IUN OF THE CITY OF MIAMI, FLORIDA: Section 1. The !3:111 of $162, 161 of General Obliga- tion Housing B(.)nei funds is hereby allocated to 'Metropolitan Dade County for administrative services provided to the City in connect Lori with the puhlic housing scattered site program by Dade County Department of housing and Urban Development. Section 2. The City "Aanager is hereby authorized to enter into an Agreement, in essentially the form attached hereto, with 1"IeLropolitan Dade County for the period com- �. mencirig June 16, 1982, and ending ,June 15, 1983, for the aEor.r�me titioned purpose. t PASSED Ai1D ADOP'rL'D this _-LAL11 day of ) • -n, r _► 1982. -_ 1. _ UNc;IE- --_---- City Clark Maurice A. Ferre _ MAURICE A. FERRE, Mayor CITY COMMISSION MEETING OF 0 r - l 4 1932 4 4m BUDGETARY REVIEW: MANOHAR S. ANA, Direco r Department T t P4anagement ami Budget PREPARED AND APPROVED BY: JOEL E. MAXWELL ASsistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: SE R. GARCIA-PEDROSA Vity Attorney JEr4/wpc/G-P, 2 � �%„9 31 0 4b 27 TO Howard V. Gary City Manager FROM. Dena Spillman, Department of CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Director Community Development Map DATE September 28, 1982 FILE SU9.IEZ' City/County Agreement of Understanding REFERENCES City Commission Meeting Agenda - October 14, 1982 ENCLOSURES It is recommended that the attached Resolution be approved by the City Commission allocating $162,161 of Housing Bond funds to Metropolitan ' Dade County for the administration of the public housing scattered site program, and further authorizing the City Manager to enter into contract for the aforementioned purpose with Metropolitan Dade County for the period which commenced June 16, 1982 and expires June 15, 1983. On Play 8, 1980, the City Commission, through Resolution No. 80-343, authorized the use of $4,000,000 of General Obligation Housing Bond proceeds to acquire sites located in several City neighborhoods for the development of "scattered site" public housing. Over a period of several months, the availability and location of potential development sites was determined. Numerous meetings were held with various neighborhood associations operating in the areas targeted for the housing in order to secure neighborhood support for the program. These activities culmi- nated with the City Commission's approval of the development of the public housing units on a scattered site basis in the Community Development Target Areas of Allapattah, Buena Vista, Coconut Grove, Little Havana, Model City and Wynwood. In implementing the Public Housing Scattered Site program, the City has found it necessary and desirable to contract with Metropolitan Dade County for administrative services in connection with land acquisition related activities for the program. Approximately 1.7 million dollars in housing bond funds has already been spent in the acquisition of sixty one (61) sites in Allapattah, Buena Vista and l-!ynwood, and an additional ninety three (93) sites will be acquired in the neighborhoods os Coconut Grove, Model City, Little Havana and Wynwood. For these reasons we recommend entering into contract with Metropolitan Dade County for the sum of $162,161 to administer the public housing scattered site nroaram during the period June 16, 1982 through June 15, 1983. The fundino amount recommended was arrived at through negotiations with Dade County and represents 8.5% of the total projected land acquisition cost. Commission approval of this item is recommended. 82- 931 0 CITY OF MIAMI/MCTROPOLITAN DADE COUNTY AGREEMENT SCATTERED SITE PUBLIC HOUSING DEVELOPMCNT PROGRAM This AGREEMENT, entered into this day of 198_ by and between the City of Miami, - r (hereinafter referred to as "THE CITY") and Metropolitan Dade County, (hereinafter referred to as "THE COUNTY"), both of whom agree as follows: WHEREAS, the parties hereto have the common power within their jurisdictions to carry out the activities herein, and i,HEREAS, the parties hereto are agreeable to carrying - out the activities herein described: _ Now, therefore the CITY and the COUNTY do mutually agree as follcws: SECTION I. DEFIf�ITIOP:S CITY City of III iar;ii COUNTY Netronolitan Dade County CCD City of 71iami, Community Development Department DCHUD Dade County Department of Housing and Urban Development HBF City of Miami Housing Bond Fund SECTION II. ` SCOPE OF SERVICES The services to be provided by the COUNTY, through Dade County HUD, are being provided in connection with implemen- tation of the COUNTY's scattered site public housing devel- opment program (hereinafter referred to as the "Program"). gA., 0 i The program will be implemented by the COUNTY in the City of Miami Community Development target areas of Edison -Little River, Allapattah, Wynwood, Model City, Little �Iavana, and Coconut Grove. The program will involve the development of up to approximately 266 units,of coventional public housing by the COUNTY in the above community development target areas which shall be owned and operated by the COUNTY in accordance with the terms and conditions of Annual Contributions Contracts (ACCs) entered into by the COUNTY and the U.S. Department of Housing and Urban Development. The CITY will provide the COUNTY with funding not to exceed $4,000,000 as authorized by the City Commission inclusive of administrative costs for the purpose of acquiring development sites suitable for implementation of the program and to fund the cost of relocation, as required. Additionally, the CITY will also provide the COUNTY with all site reuse reimbursement proceeds. Said proceeds shall be used to conplete site acquisition activities for the pro - Prior to acquisition of development sites, the COUNTY will assign staff to meet with target area neighborhood organizations to discuss the program and to obtain neighbor- hood views and input on the program and proposed development sites. In all cases, the COUNTY will consult with CCD prior to taring official action to acquire development sites. The COUNTY agrees not to commit to acquisition of sites for projects for which the COUNTY has not entered into an Annual Contributions Contract with the U.S. Department of Housing and Urban Development. The COUNTY agrees to return to the CITY all land reuse proceeds derived by the COUNTY from the U.S. Department of 2 8 9 31 Housing and Urban Development for the projects covered under the terms of this Agreement including any reimbursements to the projects initially funded by the City for activities leading to approval by the U.S. Department of Housing and Urban Development of Annual Contributions Contracts. - A) Land Acquisition The COUNTY agrees to conduct all land acqui- sition activities in accordance with applicable local, state, and federal statutes and regula- tions. B) Relocation The COUNTY agrees to conduct all relocation activities in accordance with the requirements of the Federal Uniform Relocation Act, as amended. The COUNTY agrees to provide the CITY with monthly status reports on relocation activities. C) Property Management Interim The COUNTY agrees to adequately maintain all properties acquired under the terms of this Agree- ment. Income in excess of management expense will he used by the COUNTY to reduce initial land acquisition expense. I)) Site Clearance The COUNTY agrees to perform all site clearance activities in accordance with applicable local, state, and federal requirements. SECTION III. TIME OF PERFORMANCE This Agreement shall be deemed effective as of June 16, 1982 and deemed completed on June 15, 1983. SECTION IV. MAXIMUM ACTIVITIES ALLOCATION The CITY has allocated TIDF to carry out the program 3 82-931 activities as listed and described in Section II, not to ex- ceed $3,487,839 exclusive of projected site reuse proceeds. SECTION V. MAXIMM SERVICE CONPENSATION For the services provided under Section II of this Agreement, it is understood and agreed that CCD will pay DCHUD an amount not to exceed One Hundred and Sixty -Two Thousand, One Hundred and Sixty -One Dollars ($162,161.00), in addition to the '•Maximum Activities Allocation for the administration of the HBF scattered Site Public Housing Development Program. Administration is defined as salary costs, fringe benefits overhead and indirect costs for DCHUD. SECTIOLA VI. MET1I0D OF PAYMENT Upon execution, a copy of this Agreement will be filed with the CITY and COUNTY offices of Finance in order to establish the maximum level against which the party carrying out the activity may charge related activities and services. Vouchers for payment should be prepared by the party carry- ilig out the activity and submitted to the funding party when progress payments are required in the course of implementing the activities and Section II, not to exceed the Maximum Activities Allocation in Section IV. Vouchers can include but are not limited to closing statements, Order of Taking Documents or Tax Rolls for activity payment and Time Sheets or Job Descriptions for services payment. The processing of all payments will be governed by guidelines established by the COUNTY and CITY Finance Departments and CCD. SECTION VII. AUDITS AND INSPECTIONS At any time during normal business hours and as often 4 8�,-931 0 6 as the CITY, U.S. HUD and/or the Comptroller General of the _ United States may deem necessary, there shall be made avail- able to the CITY, U.S. HUD and/or representatives of the U.S. HUD or Comptroller General for examination all its records with respect to all matters covered by this Agree- ment and the COUNTY will permit the CITY, U.S. HUD and/or - representatives of the Comptroller General to audit, examine and make audits of all contracts, invoices, materials, payroll, records of personnel conditions of employment and other data relating to all matters covered by this Agree - meat. The CITY reserves the right to require the COUNTY to submit, at the request of the CITY, to an audit by an Audi - for of the CITY's choosing. The cost of said audit shall be borne by the COUNTY. Said documents and records shall be mciintaine,d uy DCHUD no less ciidn three (3) years liter the termination of this NyreemenL. \111. C:UNFL1C T OF 1NTERE;5'1' The CITY and COUNTY covenant that no person under its employ who presently exercises any functions or responsibi- lities in connection with the scattered site public housing development program, has any personal financial interest, direct or indirect, in this Agreement. The CITY and COUNTY further covenant that, in the performance of this Agreement, no person having such conflicting interest shall be win employed. SECTIOP: IX. TERMINATION This 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. 5 c�i:�9 31 I 6 3) Chronic submittal of incorrect or incomplete reports, and 4) Occasion wherein the implementation of the contract is rendered impossible or unfeasi- ble. The City Manager for the CITY, and the County Manager for the COUNTY, shall make the determination whether there is sufficient cause to terminate this Agreement. SECTION X. ASSURANCES & CERTIFICATIONS 1) No person in the United States shall, on the ground 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 this Agreement and will immediately take any measure necessary to correct any such discrimina- tion and to insure that such discrimination cannot occur in the future. 2 ) Tiie parties will comply with the Housing and Com- munity Development Act of 1974, as amended, Section 109 of T-tle VI, of Civil Rights Act of 1974, Title VII of the Civil Rights Act of 1968, Executive Orders 11046 and Section 3 of the housing and Urban Development Act of 1968 Section 570.303 (E)(1) attached). 3) The parties will comply with the provisions of the Hatch Act as amended January 1, 1975, which limits the poli- tical activity of employees. 4) The parties will establish safeguards to prohibit employees from 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 whoin they have families, business or other ties. 5) The parties will comply with the following federal 0 S -931 0 6 regulations as they may apply to this project. The regula- tions are incorporated herein by reference: Flood Disaster Protection Act of 1973 (P.L. 93-234) HUD Lead -Based Paint Regulations, 24 CFR Part 35 Clean Air Act, as amended, 42 USC 1875 et seq. Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. Regulations of Environmental Protection Agency 40 CFR Part 15, as amended. Federal Labor Standards, 10 CFR Parts 3, 5, and 5a of Department of Labor. Nlon Discrimination Under Title VI of the Civil Rights Act of 1965. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SECTION XI. AGIREEMENT DOCUMENTS The parties hereto agree and understand that the fol- lo-,,•ing list of documents constitute and shall be hereafter referre,3 to as part of this Agreement: A. Guidelines for applicants on Equal Employment Opportunity Community Development Block Grant. B. U.S. Department of Housing and Urban Development Notice CPD-75-4 (Annual Report on Relocation and Real Property Acquisition Activities from IIUD- 7083). C. U.S. Department of Housing and Urban Development Notice (Request for U.S. Department of Labor Wage Irate Determination) . D. Office of Management and Budget Circular A-102, "Uniform Administration requirements for grants- in-aid to state and local governments" to Commu- nity Development Mock Grants. E. Circular A-102 Principles for determining cost applicable to grants and contracts with state and local governments. F. Dade County Community Development Block Grant Pro - grain Affirmative Action Plan. IN WITNESS, THEREOF, the foregoing parties have exe- cuted this Agreenent this day of , 1 98 . RALPH ONGIE, City Clerk HOWARD V. GARY, City Manager (Seal) 7 g -9131 RICHARD P. BRINKER MEP.RETT R. STIERHEIM County Clerk County Manager (Seal) APPROVED AS TO FORDS AND APPROVED AS TO FORIM AND CORRECTNESS CORRECTNESS JOSE R. GARCIA-PEDRO _� ROBERT A. GI14SBURG City Attorney County Attorney JEP7 /wpc /6-D 0